2040-AG07 202104 Unified Agenda of Federal Regulatory and Deregulatory Actions 2040 Office of Water OW 2000 Environmental Protection Agency EPA Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category--Legacy Wastewater and Combustion Residual Leachate

On April 12, 2019, the U.S. Court of Appeals for the Fifth Circuit issued an opinion vacating aspects of the 2015 steam electric effluent guidelines limitations and standards (ELGs) rule pertaining to Best Available Technology Economically Achievable limitations for legacy” wastewater and combustion residual leachate. The Fifth Circuit held that EPA's legacy wastewater limitations were arbitrary and capricious under the Administrative Procedure Act and that EPA's leachate regulations were unlawful under the Clean Water Act, pursuant to the familiar Chevron test for reviewing an agency's interpretation of a statute that it administers. The Court vacated those portions of the rule and remanded them to the Agency "for reconsideration consistent with this opinion.” EPA is currently considering revising the ELGs for "legacy” wastewater and combustion residual leachate that addresses the concerns identified by the court.

]]> Other Significant Previously Published in The Unified Agenda Long-Term Actions No No 40 CFR 423 33 U.S.C. 1361 33 U.S.C. 1342 33 U.S.C. 1318 33 U.S.C. 1317 33 U.S.C. 1316 33 U.S.C. 1311 33 U.S.C. 1314 No NPRM 09/00/2022 Final Rule 09/00/2023 Undetermined Undetermined Undetermined No No No Richard Benware 2040 Office of Water OW 202 566-1369 benware.richard@epa.gov Mail Code 4303T, 1200 Pennsylvania Avenue NW, Washington DC 20460 Michael Scozzafava 2040 Office of Water OW 202 566-2858 scozzafava.michaele@epa.gov 1200 Pennsylvania Avenue NW, Washington DC 20460