EPA Proposes to Postpone Effluent Limitations Guidelines

U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt signed a proposed rule to postpone compliance dates for the effluent limitations guidelines and standards for steam electric power plants (ELG Rule), which was published in November 2015.

“This proposed rule is one of nearly two dozen significant regulatory reform actions I have taken during my short time as EPA Administrator to protect the environment, jobs and affordable, reliable energy. Today’s action, if finalized, will provide relief from the deadlines under the existing ELG Rule while we carefully consider the next steps for this regulation,” said Pruitt.

Specifically, EPA proposes to postpone the compliance dates for the more stringent best available technology economically achievable (“BAT”) requirements in the 2015 rule for each of the following waste streams: fly ash transport water, bottom ash transport water, flue gas desulfurization (“FGD”) wastewater, flue gas mercury control wastewater and gasification wastewater.

In April 2017, EPA determined that two administrative petitions asking the agency to reconsider the 2015 ELG Rule raised issues sufficient to warrant reconsideration of the rule.

EPA is requesting a 30-day comment period that will begin upon publication in the Federal Register at www.regulations.gov and searching for EPA-HQ-OW-2009-0819. EPA is posting a pre-publication copy.