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EPA/OW | RIN: 2040-AG07 | Publication ID: Spring 2021 |
Title: Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category--Legacy Wastewater and Combustion Residual Leachate | |
Abstract:
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. |
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Agency: Environmental Protection Agency(EPA) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Long-Term Actions |
Major: No | Unfunded Mandates: No |
CFR Citation: 40 CFR 423 | |
Legal Authority: 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 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Undetermined |
Federalism: Undetermined | |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Richard Benware Environmental Protection Agency Office of Water Mail Code 4303T, 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone:202 566-1369 Email: benware.richard@epa.gov Michael Scozzafava Environmental Protection Agency Office of Water 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone:202 566-2858 Email: scozzafava.michaele@epa.gov |