Postponement of Certain Compliance Dates for the Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category, 26017-26019 [2017-11221]
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Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Proposed Rules
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direct final rule will be withdrawn and
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Any parties interested in commenting
on this action should do so at this time.
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For additional information, see the
direct final rule which is located in the
Rules Section of this Federal Register.
Dated: April 20, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New
England.
[FR Doc. 2017–10917 Filed 6–5–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 423
[EPA–HQ–OW–2009–0819; FRL–9962–51–
OW]
RIN 2040–AF76
Postponement of Certain Compliance
Dates for the Effluent Limitations
Guidelines and Standards for the
Steam Electric Power Generating Point
Source Category
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
mstockstill on DSK30JT082PROD with PROPOSALS
AGENCY:
In response to administrative
petitions for reconsideration, the
Environmental Protection Agency (EPA)
proposes to postpone certain
compliance dates in the effluent
limitations guidelines and standards for
SUMMARY:
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02:12 Jun 06, 2017
Jkt 241001
the steam electric point source category
under the Clean Water Act (‘‘CWA’’),
published in the Federal Register on
November 3, 2015. Specifically, EPA
proposes to postpone the compliance
dates for the new, and more stringent,
best available technology economically
achievable (‘‘BAT’’) effluent limitations
and pretreatment standards for each of
the following wastestreams: Fly ash
transport water, bottom ash transport
water, flue gas desulfurization (‘‘FGD’’)
wastewater, flue gas mercury control
wastewater, and gasification
wastewater. These compliance dates
would be postponed until EPA
completes reconsideration of the 2015
Rule.
Comments on this proposed rule
must be received on or before July 6,
2017.
DATES:
Submit your comments,
identified by Docket ID No. EPA–HQ–
OW–2009–0819, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Contact Ronald Jordan, United States
Environmental Protection Agency,
Engineering and Analysis Division;
telephone number: (202) 564–1003;
email address: jordan.ronald@epa.gov.
Electronic copies of this document
and related materials are available on
EPA’s Web site at https://www.epa.gov/
eg/steam-electric-power-generatingeffluent-guidelines-2015-final-rule.
Copies of this proposed rule are also
available at https://www.regulations.gov.
SUPPLEMENTARY INFORMATION:
PO 00000
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26017
I. Background and Discussion of
Postponement
On November 3, 2015, the EPA issued
a final rule amending 40 CFR part 423,
the effluent limitations guidelines and
standards for the steam electric power
generating point source category, under
Sections 301, 304, 306, 307, 308, 402,
and 501 of the CWA (33 U.S.C. 1311,
1314, 1316, 1317, 1318, 1342, and
1361). The amendments addressed and
contained limitations and standards on
various wastestreams at steam electric
power plants: Fly ash transport water,
bottom ash transport water, flue gas
mercury control wastewater, flue gas
desulfurization (FGD) wastewater,
gasification wastewater, and combustion
residual leachate. Collectively, this
rulemaking is known as the ‘‘Effluent
Limitations Guidelines and Standards
for the Steam Electric Power Generating
Point Source Category’’ (‘‘Rule’’). For
further information on the Rule, see 80
FR 67838 (Nov. 3, 2015).
EPA received seven petitions for
review of the Rule. The United States
Judicial Panel on Multi-District
Litigation issued an order on December
8, 2015, consolidating all of the
petitions in the U.S. Court of Appeals
for the Fifth Circuit, Southwestern
Electric Power Co., et al. v. EPA, No. 15–
60821.
In a letter dated March 24, 2017, the
Utility Water Act Group (‘‘UWAG’’) 1
submitted a petition for reconsideration
of the Rule and requested that EPA
suspend the Rule’s approaching
deadlines. UWAG supplemented its
petition with additional information in
a letter dated April 13, 2017. In a letter
dated April 5, 2017, the Small Business
Administration (SBA) Office of
Advocacy sent EPA a second petition
for reconsideration of the Rule, which
expressly supports the UWAG’s petition
and raises issues that SBA considers are
pertinent to small businesses. The
petitions raise wide-ranging and
sweeping objections to the Rule.2
Among other things, the UWAG petition
points to new data, claiming that plants
burning subbituminous and bituminous
coal cannot comply with the rule’s
limitations and standards for FGD
wastewater through use of EPA’s model
technology. EPA wishes to review these
data. UWAG also requested that EPA
1 According to the petition, UWAG is a voluntary,
ad hoc, unincorporated group of 163 individual
energy companies and three national trade
associations of energy companies: Edison Electric
Institute, the National Rural Electric Cooperative
Association, and the American Public Power
Association.
2 A copy of each petition and the supplemental
information is included in the docket for this rule,
Docket ID No. EPA–HQ–OW–2009–0819.
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mstockstill on DSK30JT082PROD with PROPOSALS
26018
Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Proposed Rules
suspend or delay the ‘‘rule’s fastapproaching compliance deadlines
while EPA works to reconsider and
revise, as appropriate, the substantive
requirements of the current rule.’’
In an April 12, 2017 letter to those
who submitted the reconsideration
petitions, the Administrator announced
his decision to reconsider the Rule (a
copy of this letter is included in the
docket for the rule). As explained in that
letter, after considering the objections
raised in the reconsideration petitions,
the Administrator determined that it is
appropriate and in the public interest to
reconsider the Rule. On April 14, 2017,
the EPA requested that the Fifth Circuit
hold the case in abeyance while the
Agency undertakes reconsideration. On
April 24, 2017, the Fifth Circuit granted
the motion and placed the case in
abeyance.
The earliest compliance date for the
new, and more stringent, BAT effluent
limitations and pretreatment standards
is November 1, 2018, for each of the
following wastestreams: Fly ash
transport water, bottom ash transport
water, FGD wastewater, flue gas
mercury control wastewater, and
gasification wastewater. As UWAG
pointed out in its April 13, 2017 letter
‘‘a rule of this magnitude and
complexity requires substantial time to
come into compliance for multiple
wastestreams. Detailed studies and
planning, followed by large capital
expenditures and subsequent
installation and testing, are timeconsuming.’’ Companies have been
evaluating their compliance options and
are reaching the point at which they
will be committing funds, incurring
costs, or commencing construction to
install technologies. In light of these
imminent planning and capital
expenditures that facilities incurring
costs under the Rule will need to
undertake in order to meet the
compliance deadlines for the new, more
stringent limitations and standards in
the Rule—which are as early as
November 1, 2018, for direct dischargers
and no later than November 1, 2018, for
indirect dischargers—the Agency views
that it is appropriate to postpone the
compliance dates of the Rule that have
not yet passed. See 80 FR 67838, 67863–
67868 (Nov. 3, 2015) (discussion of
costs of the rule). This will preserve the
regulatory status quo with respect to
wastestreams subject to the Rule’s new,
and more stringent, limitations and
standards, while the reconsideration is
underway. While EPA is not making any
concession of error with respect to the
rulemaking, the far-ranging issues
contained in the reconsideration
petitions warrant careful and
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02:12 Jun 06, 2017
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considerate review of the rule, as well
as relief from the certain deadlines
under the Rule while EPA considers the
issues raised by petitioners. The
postponement of compliance dates
through this action is intended as a
temporary, stopgap measure to prevent
the unnecessary expenditure of
resources until EPA completes
reconsideration of the 2015 rule. EPA
solicits comments on whether this
postponement should be for a specified
period of time, for example, two years.
In a separate action, EPA
administratively postponed certain
compliance dates in the rule pursuant to
Section 705 of the Administrative
Procedure Act (‘‘APA’’), 5 U.S.C. 705,
which states that ‘‘[w]hen an agency
finds that justice so requires, it may
postpone the effective date of action
taken by it pending judicial review.’’
Because Section 705 of the APA
authorizes an Agency to postpone the
effective date of an action pending
judicial review, EPA is undertaking this
notice-and-comment rulemaking to
postpone certain compliance dates in
the rule in the event that the litigation
ends, and while the Agency is
undertaking reconsideration. These
compliance dates would be postponed
until EPA promulgates a final rule
specifying compliance dates.
II. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review; and, Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action as that term is defined
in Executive Order 12866 (58 FR 51735,
October 4, 1993). Accordingly, this
proposed rule is not subject to
requirements of E.O. 12866 that apply to
significant regulatory actions.
B. Paperwork Reduction Act
This proposed rule does not involve
any information collection activities
subject to the PRA, 44 U.S.C. 3501 et
seq.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under RFA, 5 U.S.C. 601 et seq.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain an
unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C.
1531–1538, and does not significantly or
uniquely affect small governments.
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E. Executive Order 13132: Federalism
This action does not have federalism
implications, as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999). It will not have substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have Tribal
implications, as specified in Executive
Order 13175 (65 FR 67249, November 9,
2000).
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
This proposed rule is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997) because EPA previously
determined that the environmental
health risks or safety risks addressed by
the requirements EPA is proposing to
postpone do not present a
disproportionate risk to children.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 28355, May 22,
2001), because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards that would require
Agency consideration under NTTAA
section 12(d), 15 U.S.C. 272 note.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
This is a proposal to delay action, and
it does not change the requirements of
the effluent limitations guidelines and
standards published in 2015. While the
proposed postponement in compliance
dates could delay the protection the
2015 rule would afford to all
communities, including those impacted
disproportionately by the pollutants in
certain wastewater discharges, this
action will not change any impacts of
the 2015 rule when it is fully
implemented. The EPA therefore
believes it is more appropriate to
consider the impact on minority and
low-income populations in the context
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Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Proposed Rules
of possible substantive changes as part
of any reconsideration of the 2015 rule.
List of Subjects in 40 CFR Part 423
Environmental protection, Electric
power generation, Power plants, Waste
treatment and disposal, Water pollution
control.
Dated: May 25, 2017.
E. Scott Pruitt,
Administrator.
FEDERAL COMMUNICATIONS
COMMISSION
Therefore, 40 CFR Chapter I is
proposed to be amended as follows:
PART 423—STEAM ELECTRIC POWER
GENERATING POINT SOURCE
CATEGORY
1. The authority citation for part 423
continues to read as follows:
■
Authority: Secs. 101; 301; 304(b), (c), (e),
and (g); 306; 307; 308 and 501, Clean Water
Act (Federal Water Pollution Control Act
Amendments of 1972, as amended; 33 U.S.C.
1251; 1311; 1314(b), (c), (e), and (g); 1316;
1317; 1318 and 1361).
2. Section 423.10 is amended by
designating the undesignated paragraph
as paragraph (a) and adding paragraph
(b) to read as follows:
■
Applicability.
*
*
*
*
*
(b) The compliance dates specified in
§§ 423.13(g)(1)(i), (h)(1)(i), (i)(1)(i),
(j)(1)(i), and (k)(1)(i) and 423.16(e), (f),
(g), (h), and (i) are postponed.
■ 3. Section 423.13 is amended by
revising the introductory text to read as
follows:
mstockstill on DSK30JT082PROD with PROPOSALS
§ 423.13 Effluent limitations guidelines
representing the degree of effluent
reduction attainable by the application of
the best available technology economically
achievable (BAT).
Except as provided in 40 CFR 125.30
through 125.32, any existing point
source subject to this part must achieve
the following effluent limitations
representing the degree of effluent
reduction attainable by the application
of the best available technology
economically achievable (BAT). For
applicability of the requirements in
§§ 423.13(g)(1)(i), (h)(1)(i), (i)(1)(i),
(j)(1)(i), and (k)(1)(i), see § 423.10(b).
*
*
*
*
*
■ 4. Section 423.16 is amended by
revising the introductory text to read as
follows:
§ 423.16 Pretreatment standards for
existing sources (PSES).
Except as provided in 40 CFR 403.7
and 403.13, any existing source subject
to this subpart which introduces
pollutants into a publicly owned
treatment works must comply with 40
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02:12 Jun 06, 2017
[FR Doc. 2017–11221 Filed 6–5–17; 8:45 am]
BILLING CODE 6560–50–P
■
§ 423.10
CFR part 403 and achieve the following
pretreatment standards for existing
sources (PSES) by July 1, 1984. For
applicability of the requirements in
§§ 423.16(e), (f), (g), (h), and (i), see
§ 423.10(b).
*
*
*
*
*
Jkt 241001
47 CFR Part 1
[MD Docket Nos. 17–134; FCC 17–62]
Assessment and Collection of
Regulatory Fees for Fiscal Year 2017
Federal Communications
Commission.
ACTION: Notice of proposed rulemaking.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) will revise its Schedule of
Regulatory Fees in order to recover an
amount of $356,710,992 that Congress
has required the Commission to collect
for fiscal year 2017, as amended,
provides for the annual assessment and
collection of regulatory fees under and
respectively, for annual ‘‘Mandatory
Adjustments’’ and ‘‘Permitted
Amendments’’ to the Schedule of
Regulatory Fees.
DATES: Submit comments on or before
June 22, 2017, and reply comments on
or before July 7, 2017.
ADDRESSES: You may submit comments,
identified by MD Docket No. 17–134, by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web site: https://
www.fcc.gov/cgb/ecfs. Follow the
instructions for submitting comments.
• People With Disabilities: Contact
the FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by email: FCC504@fcc.gov
or phone: 202–418–0530 or TTY: 202–
418–0432.
• Email: ecfs@fcc.gov. Include MD
Docket No. 15–121 in the subject line of
the message.
• Mail: Commercial overnight mail
(other than U.S. Postal Service Express
Mail, and Priority Mail, must be sent to
9300 East Hampton Drive, Capitol
Heights, MD 20743. U.S. Postal Service
first-class, Express, and Priority mail
should be addressed to 445 12th Street
SW., Washington, DC 20554.
SUMMARY:
PO 00000
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26019
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT:
Roland Helvajian, Office of Managing
Director at (202) 418–0444.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Notice of
Proposed Rulemaking (NPRM), FCC 17–
62, MD Docket No. 17–134 adopted on
May 22, 2017 and released on May 23,
2017. The full text of this document is
available for inspection and copying
during normal business hours in the
FCC Reference Center, 445 12th Street
SW., Room CY–A257, Portals II,
Washington, DC 20554, and may also be
purchased from the Commission’s copy
contractor, BCPI, Inc., Portals II, 445
12th Street SW., Room CY–B402,
Washington, DC 20554. Customers may
contact BCPI, Inc. via their Web site,
https://www.bcpi.com, or call 1–800–
378–3160. This document is available in
alternative formats (computer diskette,
large print, audio record, and braille).
Persons with disabilities who need
documents in these formats may contact
the FCC by email: FCC504@fcc.gov or
phone: 202–418–0530 or TTY: 202–418–
0432.
I. Procedural Matters
A. Ex Parte Rules Permit-But-Disclose
Proceeding
1. This Notice of Proposed
Rulemaking (FY 2017 NPRM) shall be
treated as a ‘‘permit-but-disclose’’
proceeding in accordance with the
Commission’s ex parte rules. Persons
making ex parte presentations must file
a copy of any written presentation or a
memorandum summarizing any oral
presentation within two business days
after the presentation (unless a different
deadline applicable to the Sunshine
period applies). Persons making oral ex
parte presentations are reminded that
memoranda summarizing the
presentation must list all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made, and summarize
all data presented and arguments made
during the presentation. If the
presentation consisted in whole or in
part of the presentation of data or
arguments already reflected in the
presenter’s written comments,
memoranda, or other filings in the
proceeding, the presenter may provide
citations to such data or arguments in
his or her prior comments, memoranda,
or other filings (specifying the relevant
page and/or paragraph numbers where
such data or arguments can be found) in
E:\FR\FM\06JNP1.SGM
06JNP1
Agencies
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Proposed Rules]
[Pages 26017-26019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11221]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 423
[EPA-HQ-OW-2009-0819; FRL-9962-51-OW]
RIN 2040-AF76
Postponement of Certain Compliance Dates for the Effluent
Limitations Guidelines and Standards for the Steam Electric Power
Generating Point Source Category
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In response to administrative petitions for reconsideration,
the Environmental Protection Agency (EPA) proposes to postpone certain
compliance dates in the effluent limitations guidelines and standards
for the steam electric point source category under the Clean Water Act
(``CWA''), published in the Federal Register on November 3, 2015.
Specifically, EPA proposes to postpone the compliance dates for the
new, and more stringent, best available technology economically
achievable (``BAT'') effluent limitations and pretreatment standards
for each of the following wastestreams: Fly ash transport water, bottom
ash transport water, flue gas desulfurization (``FGD'') wastewater,
flue gas mercury control wastewater, and gasification wastewater. These
compliance dates would be postponed until EPA completes reconsideration
of the 2015 Rule.
DATES: Comments on this proposed rule must be received on or before
July 6, 2017.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2009-0819, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Contact Ronald Jordan, United States
Environmental Protection Agency, Engineering and Analysis Division;
telephone number: (202) 564-1003; email address: jordan.ronald@epa.gov.
Electronic copies of this document and related materials are
available on EPA's Web site at https://www.epa.gov/eg/steam-electric-power-generating-effluent-guidelines-2015-final-rule. Copies of this
proposed rule are also available at https://www.regulations.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Discussion of Postponement
On November 3, 2015, the EPA issued a final rule amending 40 CFR
part 423, the effluent limitations guidelines and standards for the
steam electric power generating point source category, under Sections
301, 304, 306, 307, 308, 402, and 501 of the CWA (33 U.S.C. 1311, 1314,
1316, 1317, 1318, 1342, and 1361). The amendments addressed and
contained limitations and standards on various wastestreams at steam
electric power plants: Fly ash transport water, bottom ash transport
water, flue gas mercury control wastewater, flue gas desulfurization
(FGD) wastewater, gasification wastewater, and combustion residual
leachate. Collectively, this rulemaking is known as the ``Effluent
Limitations Guidelines and Standards for the Steam Electric Power
Generating Point Source Category'' (``Rule''). For further information
on the Rule, see 80 FR 67838 (Nov. 3, 2015).
EPA received seven petitions for review of the Rule. The United
States Judicial Panel on Multi-District Litigation issued an order on
December 8, 2015, consolidating all of the petitions in the U.S. Court
of Appeals for the Fifth Circuit, Southwestern Electric Power Co., et
al. v. EPA, No. 15-60821.
In a letter dated March 24, 2017, the Utility Water Act Group
(``UWAG'') \1\ submitted a petition for reconsideration of the Rule and
requested that EPA suspend the Rule's approaching deadlines. UWAG
supplemented its petition with additional information in a letter dated
April 13, 2017. In a letter dated April 5, 2017, the Small Business
Administration (SBA) Office of Advocacy sent EPA a second petition for
reconsideration of the Rule, which expressly supports the UWAG's
petition and raises issues that SBA considers are pertinent to small
businesses. The petitions raise wide-ranging and sweeping objections to
the Rule.\2\ Among other things, the UWAG petition points to new data,
claiming that plants burning subbituminous and bituminous coal cannot
comply with the rule's limitations and standards for FGD wastewater
through use of EPA's model technology. EPA wishes to review these data.
UWAG also requested that EPA
[[Page 26018]]
suspend or delay the ``rule's fast-approaching compliance deadlines
while EPA works to reconsider and revise, as appropriate, the
substantive requirements of the current rule.''
---------------------------------------------------------------------------
\1\ According to the petition, UWAG is a voluntary, ad hoc,
unincorporated group of 163 individual energy companies and three
national trade associations of energy companies: Edison Electric
Institute, the National Rural Electric Cooperative Association, and
the American Public Power Association.
\2\ A copy of each petition and the supplemental information is
included in the docket for this rule, Docket ID No. EPA-HQ-OW-2009-
0819.
---------------------------------------------------------------------------
In an April 12, 2017 letter to those who submitted the
reconsideration petitions, the Administrator announced his decision to
reconsider the Rule (a copy of this letter is included in the docket
for the rule). As explained in that letter, after considering the
objections raised in the reconsideration petitions, the Administrator
determined that it is appropriate and in the public interest to
reconsider the Rule. On April 14, 2017, the EPA requested that the
Fifth Circuit hold the case in abeyance while the Agency undertakes
reconsideration. On April 24, 2017, the Fifth Circuit granted the
motion and placed the case in abeyance.
The earliest compliance date for the new, and more stringent, BAT
effluent limitations and pretreatment standards is November 1, 2018,
for each of the following wastestreams: Fly ash transport water, bottom
ash transport water, FGD wastewater, flue gas mercury control
wastewater, and gasification wastewater. As UWAG pointed out in its
April 13, 2017 letter ``a rule of this magnitude and complexity
requires substantial time to come into compliance for multiple
wastestreams. Detailed studies and planning, followed by large capital
expenditures and subsequent installation and testing, are time-
consuming.'' Companies have been evaluating their compliance options
and are reaching the point at which they will be committing funds,
incurring costs, or commencing construction to install technologies. In
light of these imminent planning and capital expenditures that
facilities incurring costs under the Rule will need to undertake in
order to meet the compliance deadlines for the new, more stringent
limitations and standards in the Rule--which are as early as November
1, 2018, for direct dischargers and no later than November 1, 2018, for
indirect dischargers--the Agency views that it is appropriate to
postpone the compliance dates of the Rule that have not yet passed. See
80 FR 67838, 67863-67868 (Nov. 3, 2015) (discussion of costs of the
rule). This will preserve the regulatory status quo with respect to
wastestreams subject to the Rule's new, and more stringent, limitations
and standards, while the reconsideration is underway. While EPA is not
making any concession of error with respect to the rulemaking, the far-
ranging issues contained in the reconsideration petitions warrant
careful and considerate review of the rule, as well as relief from the
certain deadlines under the Rule while EPA considers the issues raised
by petitioners. The postponement of compliance dates through this
action is intended as a temporary, stopgap measure to prevent the
unnecessary expenditure of resources until EPA completes
reconsideration of the 2015 rule. EPA solicits comments on whether this
postponement should be for a specified period of time, for example, two
years.
In a separate action, EPA administratively postponed certain
compliance dates in the rule pursuant to Section 705 of the
Administrative Procedure Act (``APA''), 5 U.S.C. 705, which states that
``[w]hen an agency finds that justice so requires, it may postpone the
effective date of action taken by it pending judicial review.'' Because
Section 705 of the APA authorizes an Agency to postpone the effective
date of an action pending judicial review, EPA is undertaking this
notice-and-comment rulemaking to postpone certain compliance dates in
the rule in the event that the litigation ends, and while the Agency is
undertaking reconsideration. These compliance dates would be postponed
until EPA promulgates a final rule specifying compliance dates.
II. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review; and,
Executive Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action as that term is
defined in Executive Order 12866 (58 FR 51735, October 4, 1993).
Accordingly, this proposed rule is not subject to requirements of E.O.
12866 that apply to significant regulatory actions.
B. Paperwork Reduction Act
This proposed rule does not involve any information collection
activities subject to the PRA, 44 U.S.C. 3501 et seq.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under RFA, 5 U.S.C.
601 et seq.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments.
E. Executive Order 13132: Federalism
This action does not have federalism implications, as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999). It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000).
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This proposed rule is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997) because EPA previously determined that the
environmental health risks or safety risks addressed by the
requirements EPA is proposing to postpone do not present a
disproportionate risk to children.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards that would
require Agency consideration under NTTAA section 12(d), 15 U.S.C. 272
note.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
This is a proposal to delay action, and it does not change the
requirements of the effluent limitations guidelines and standards
published in 2015. While the proposed postponement in compliance dates
could delay the protection the 2015 rule would afford to all
communities, including those impacted disproportionately by the
pollutants in certain wastewater discharges, this action will not
change any impacts of the 2015 rule when it is fully implemented. The
EPA therefore believes it is more appropriate to consider the impact on
minority and low-income populations in the context
[[Page 26019]]
of possible substantive changes as part of any reconsideration of the
2015 rule.
List of Subjects in 40 CFR Part 423
Environmental protection, Electric power generation, Power plants,
Waste treatment and disposal, Water pollution control.
Dated: May 25, 2017.
E. Scott Pruitt,
Administrator.
0
Therefore, 40 CFR Chapter I is proposed to be amended as follows:
PART 423--STEAM ELECTRIC POWER GENERATING POINT SOURCE CATEGORY
0
1. The authority citation for part 423 continues to read as follows:
Authority: Secs. 101; 301; 304(b), (c), (e), and (g); 306; 307;
308 and 501, Clean Water Act (Federal Water Pollution Control Act
Amendments of 1972, as amended; 33 U.S.C. 1251; 1311; 1314(b), (c),
(e), and (g); 1316; 1317; 1318 and 1361).
0
2. Section 423.10 is amended by designating the undesignated paragraph
as paragraph (a) and adding paragraph (b) to read as follows:
Sec. 423.10 Applicability.
* * * * *
(b) The compliance dates specified in Sec. Sec. 423.13(g)(1)(i),
(h)(1)(i), (i)(1)(i), (j)(1)(i), and (k)(1)(i) and 423.16(e), (f), (g),
(h), and (i) are postponed.
0
3. Section 423.13 is amended by revising the introductory text to read
as follows:
Sec. 423.13 Effluent limitations guidelines representing the degree
of effluent reduction attainable by the application of the best
available technology economically achievable (BAT).
Except as provided in 40 CFR 125.30 through 125.32, any existing
point source subject to this part must achieve the following effluent
limitations representing the degree of effluent reduction attainable by
the application of the best available technology economically
achievable (BAT). For applicability of the requirements in Sec. Sec.
423.13(g)(1)(i), (h)(1)(i), (i)(1)(i), (j)(1)(i), and (k)(1)(i), see
Sec. 423.10(b).
* * * * *
0
4. Section 423.16 is amended by revising the introductory text to read
as follows:
Sec. 423.16 Pretreatment standards for existing sources (PSES).
Except as provided in 40 CFR 403.7 and 403.13, any existing source
subject to this subpart which introduces pollutants into a publicly
owned treatment works must comply with 40 CFR part 403 and achieve the
following pretreatment standards for existing sources (PSES) by July 1,
1984. For applicability of the requirements in Sec. Sec. 423.16(e),
(f), (g), (h), and (i), see Sec. 423.10(b).
* * * * *
[FR Doc. 2017-11221 Filed 6-5-17; 8:45 am]
BILLING CODE 6560-50-P