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On July 26, 2021, the EPA announced its decision to implement the 2020 Steam Electric Effluent Limitations Guidelines (ELG) Reconsideration Rule (October 13, 2020; 85 FR 64650) and simultaneously conduct a rulemaking that would potentially further strengthen the Steam Electric ELGs (40 CFR Part 423) as contemplated under the Clean Water Act (CWA). This rulemaking process could result in more stringent ELGs for waste streams addressed in the 2020 final rule as well as waste streams not addressed in the 2020 rule. The former could address petitioners’ claims in current litigation pending in the Fourth Circuit Court of Appeals. Appalachian Voices v. EPA, No. 20-2187 (4th Cir.). The Steam Electric ELGs were most recently revised in 2015 and 2020.

Statement of Need:

Under Executive Order 13990 on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis (January 20, 2021), EPA was directed to review the 2020 Steam Electric Reconsideration Rule.

Summary of the Legal Basis:

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).

Alternatives:

To Be Determined.

Anticipated Costs and Benefits:

To Be Determined.

Risks:

To Be Determined.