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1 1 (November 27, 2019)

handle is hein.crs/govbbpy0001 and id is 1 raw text is: - .......... Updated November 27, 2019 Overview of the Steam Electric Power Generator Effluent Limitation Guidelines and Standards OveNview The Clean Water Act (CWA) directs the Environmental Protection Agency (EPA) to regulate the discharge of pollutants into waters of the United States. Such discharges are prohibited without a permit. Thus, industrial dischargers and others must obtain permits from states or EPA that set limits on pollutants in their effluent. To guide the limits set in permits for industrial dischargers, EPA issues Effluent Limitation Guidelines and standards (ELGs)-technology- based standards-for categories of industrial dischargers. Since 1972, EPA has promulgated ELGs for 59 industrial categories, including the steam electric power industry- which covers power plants that use nuclear or fossil fuels to generate steam used to produce electricity. In November 2015, EPA published revised ELGs (80 Federal Register 67838) for the steam electric power industry to replace rules issued in 1982. EPA determined that new ELGs were necessary to reflect changes in the industry. For example, technology improvements since 1982, particularly at coal-fired power plants, reduced hazardous air emissions but increased discharges of other pollutants, primarily heavy metals, to surface waters. EPA promulgated the 2015 rule to address those water quality impacts by establishing new or additional requirements for six wastestreams from steam electric power plants. In September 2017, EPA finalized a rule postponing compliance deadlines for two wastestreams to allow the agency time to revise the limits set in the 2015 rule. In November 2019, EPA proposed revisions to the 2015 final rule for those two wastestreams (see Current Status). Backr8oud and the 2015 Rule ELGs are national regulations for industrial wastewater discharges that set technology-based numeric limits for specific pollutants. For point sources that introduce pollutants directly into U.S. waters-direct dischargers- states or EPA incorporate the limits set in ELGs into the National Pollutant Discharge Elimination System permits. For sources that discharge to publicly owned treatment works (POTWs)-indirect dischargers-EPA promulgates pretreatment standards that are enforced by POTWs and federal and state authorities. The CWA requires industrial dischargers to achieve specified levels of pollution control based on whether a discharger is direct or indirect, a new or existing source, and the category of pollutant discharged. The levels of control pertinent to the 2015 rule are as follows: * Best Practicable Control Technology Currently Available (BPT) is based on the average of the best existing performance of plants within the industry or subcategory. In selecting BPT, EPA considers factors including the cost of applying the control technology in relation to the effluent reduction benefits, equipment and facility age, and processes employed. * Best Available Technology Economically Achievable (BAT) generally represents the best existing performance in the industrial category or subcategory. Factors considered include the cost of achieving effluent reductions and processes employed. * New Source Performance Standards (NSPS) reflect the reductions achievable based on the best available demonstrated control technology. EPA is directed to take into consideration the cost of achieving the effluent reduction and any non-water-quality environmental impacts and energy requirements. * Pretreatment Standards for Existing Sources (PSES) are designed to control the discharge of pollutants that pass through, interfere with, or are otherwise incompatible with the operation of publicly owned treatment works. PSES standards are analogous to BAT for direct dischargers. * Pretreatment Standards for New Sources (PSNS) are designed for the same purpose as PSES. EPA considers the same factors in promulgating PSNS as it does in promulgating NSPS. CWA Section 304(m) directs EPA to annually review existing ELGs to determine whether revisions are appropriate. During its 2005 review, EPA identified the steam electric power industry ELGs for possible revision based in part on data showing that the industry ranked high in discharges of toxic and nonconventional pollutants. EPA initiated a study, completed in 2009, which found that the 1982 regulations did not adequately address the pollutants being discharged and had not kept pace with changes in the industry over the prior several decades. The study focused primarily on coal ash handling operations and flue gas desulfurization (FGD) systems (i.e., scrubbers) used at coal- fired power plants to control air pollution. While scrubbers reduce pollutant emissions into the air, some create a significant liquid wastestream. The study further noted that pollutants in coal combustion wastewater at some plants have potential to degrade water quality when discharged or leached into groundwater and surface waters. In 2009, environmental groups sued EPA to compel the agency to commit to a schedule for issuing revised ELGs for this industry. Pursuant to a consent decree, EPA promulgated a final rule in 2015. The 2015 rule includes \\\ \q\ ppmg\ \ \agmm'N M10 gm ILI

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