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EPA/OW RIN: 2040-AG23 Publication ID: Fall 2022 
Title: Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category  
Abstract: On July 26, 2021, EPA announced its decision to conduct a rulemaking to potentially strengthen the Steam Electric Effluent Limitations Guidelines (ELGs) (40 CFR 423). This rulemaking process could result in more stringent ELGs for wastestreams addressed in the 2020 final rule as well as wastestreams not covered 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.). EPA revised the Steam Electric ELGs in 2015 and 2020. 
Agency: Environmental Protection Agency(EPA)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: Undetermined 
CFR Citation: 40 CFR 423   
Legal Authority: 33 U.S.C. 1361 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

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:

Sections 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).


To Be Determined.

Anticipated Costs and Benefits:

To Be Determined.


To Be Determined.

Action Date FR Cite
Notice  08/03/2021  86 FR 41801   
NPRM  01/00/2023 
Additional Information: EPA-HQ-OW-2009-0819.
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal, Local, State 
Federalism: Undetermined 
Included in the Regulatory Plan: Yes 
Sectors Affected: 221112 Fossil Fuel Electric Power Generation 
RIN Data Printed in the FR: No 
Related RINs: Related to 2040-AF77, Merged with 2040-AG11 
Agency Contact:
Jesse Pritts
Environmental Protection Agency
Office of Water
Mail Code 4303T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 566-1038