67838 Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations ENVIRONMENTAL PROTECTION this regulation can be had only by filing 4. Best Available Demonstrated Control AGENCY a petition for review in the U.S. Court Technology/New Source Performance of Appeals within 120 days after the Standards 40 CFR Part 423 regulation is considered issued for 5. Pretreatment Standards for Existing Sources [EPA–HQ–OW–2009–0819; FRL–9930–48– purposes of judicial review. Under 6. Pretreatment Standards for New Sources OW] section 509(b)(2), the requirements in C. Steam Electric Effluent Guidelines this regulation may not be challenged Rulemaking History RIN 2040–AF14 later in civil or criminal proceedings V. Key Updates Since Proposal A. Industry Profile Changes Due to Effluent Limitations Guidelines and brought by EPA to enforce these requirements. Retirements and Conversions Standards for the Steam Electric B. EPA Consideration of Other Federal Power Generating Point Source ADDRESSES: Docket: All documents in Rules Category the docket are listed in the http:// C. Advancements in Technologies www.regulations.gov index. A detailed D. Engineering Costs AGENCY: Environmental Protection record index, organized by subject, is E. Economic Impact Analysis Agency. available on EPA’s Web site at http:// F. Pollutant Data ACTION: Final rule. www2.epa.gov/eg/steam-electric-power- G. Environmental Assessment Models generating-effluent-guidelines-2015- VI. Industry Description SUMMARY: This final rule, promulgated A. General Description of Industry final-rule. Although listed in the index, under the Clean Water Act (CWA), B. Steam Electric Process Wastewater and some information is not publicly protects public health and the Control Technologies available, e.g., Confidential Business environment from toxic metals and 1. FGD Wastewater Information (CBI) or other information other harmful pollutants, including 2. Fly Ash Transport Water whose disclosure is restricted by statute. 3. Bottom Ash Transport Water nutrients, by strengthening the Certain other material, such as 4. FGMC Wastewater technology-based effluent limitations copyrighted material, will be publicly 5. Combustion Residual Leachate From guidelines and standards (ELGs) for the available only in hard copy. Publicly Landfills and Surface Impoundments steam electric power generating available docket materials are available 6. Gasification Wastewater industry. Steam electric power plants VII. Selection of Regulated Pollutants either electronically in http:// contribute the greatest amount of all A. Identifying the Pollutants of Concern www.regulations.gov or in hard copy at toxic pollutants discharged to surface B. Selection of Pollutants for Regulation the Water Docket in the EPA Docket waters by industrial categories regulated Under BAT/NSPS Center, EPA/DC, EPA West, Room 3334, under the CWA. The pollutants C. Methodology for the POTW Pass- 1301 Constitution Ave. NW., Through Analysis (PSES/PSNS) discharged by this industry can cause Washington, DC. The Public Reading VIII. The Final Rule severe health and environmental Room is open from 8:30 a.m. to 4:30 A. BPT problems in the form of cancer and non- p.m., Monday through Friday, excluding B. BAT/NSPS/PSES/PSNS Options cancer risks in humans, lowered IQ legal holidays. The telephone number 1. FGD Wastewater among children, and deformities and 2. Fly Ash Transport Water for the Public Reading Room is 202– reproductive harm in fish and wildlife. 3. Bottom Ash Transport Water 566–1744, and the telephone number for Many of these pollutants, once in the 4. FGMC Wastewater the Water Docket is 202–566–2426. environment, remain there for years. 5. Gasification Wastewater Due to their close proximity to these FOR FURTHER INFORMATION CONTACT: For 6. Combustion Residual Leachate 7. Non-Chemical Metal Cleaning Wastes discharges and relatively high technical information, contact Ronald Jordan, Engineering and Analysis C. Best Available Technology consumption of fish, some minority and 1. FGD Wastewater low-income communities have greater Division, Telephone: 202–566–1003; Email: [email protected]. For 2. Fly Ash Transport Water exposure to, and are therefore at greater 3. Bottom Ash Transport Water risk from, pollutants in steam electric economic information, contact James 4. FGMC Wastewater power plant discharges. The final rule Covington, Engineering and Analysis 5. Gasification Wastewater establishes the first nationally Division, Telephone: 202–566–1034; 6. Combustion Residual Leachate applicable limits on the amount of toxic Email: [email protected]. 7. Timing metals and other harmful pollutants that SUPPLEMENTARY INFORMATION: 8. Legacy Wastewater 9. Economic Achievability steam electric power plants are allowed Organization of This Preamble 10. Non-Water Quality Environmental to discharge in several of their largest Table of Contents Impacts, Including Energy Requirements sources of wastewater. On an annual 11. Impacts on Residential Electricity basis, the rule reduces the amount of I. Regulated Entities and Supporting Prices and Low-Income and Minority toxic metals, nutrients, and other Documentation Populations pollutants that steam electric power A. Regulated Entities 12. Existing Oil-Fired and Small plants are allowed to discharge by 1.4 B. Supporting Documentation Generating Units billion pounds; it reduces water II. Legal Authority for This Action 13. Voluntary Incentives Program withdrawal by 57 billion gallons; and, it III. Executive Summary D. Best Available Demonstrated Control A. Purpose of the Rule Technology/NSPS has social costs of $480 million and B. Summary of Final Rule E. PSES monetized benefits of $451 to $566 C. Summary of Costs and Benefits F. PSNS million. IV. Background G. Anti-Circumvention Provision DATES: The final rule is effective on A. Clean Water Act H. Other Revisions January 4, 2016. In accordance with 40 B. Effluent Guidelines Program 1. Correction of Typographical Error for 1. Best Practicable Control Technology PSNS CFR part 23, this regulation shall be Currently Available 2. Clarification of Applicability considered issued for purposes of 2. Best Conventional Pollutant Control I. Non-Chemical Metal Cleaning Wastes judicial review at 1 p.m. Eastern time on Technology J. Best Management Practices November 17, 2015. Under section 3. Best Available Technology Economically IX. Costs and Economic Impact 509(b)(1) of the CWA, judicial review of Achievable A. Plant-Specific and Industry Total Costs VerDate Sep<11>2014 21:03 Nov 02, 2015 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\03NOR2.SGM 03NOR2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Rules and Regulations 67839 B. Social Costs 2. Improved Ecological Conditions and Order 13563: Improving Regulation and C. Economic Impacts Recreational Use Benefits From Surface Regulatory Review 1. Summary of Economic Impacts for Water Quality Improvements B. Paperwork Reduction Act Existing Sources 3. Market and Productivity Benefits C. Regulatory Flexibility Act 2. Summary of Economic Impacts for New 4. Air-Related Benefits (Human Health and D. Unfunded Mandates Reform Act Sources Avoided Climate Change Impacts) E. Executive Order 13132: Federalism X. Pollutant Reductions 5. Benefits From Reduced Water XI. Development of Effluent Limitations and Withdrawals (Increased Availability of F. Executive Order 13175: Consultation Standards Ground Water Resources) and Coordination With Indian Tribal XII. Non-Water Quality Environmental C. Total Monetized Benefits Governments Impacts D. Other Benefits G. Executive Order 13045: Protection of XIII. Environmental Assessment XV. Cost-Effectiveness Analysis Children From Environmental Health A. Introduction A. Methodology Risks and Safety Risks B. Summary of Human Health and B. Results H. Executive Order 13211: Actions That Environmental Impacts XVI. Regulatory Implementation Significantly Affect Energy Supply, C. Environmental Assessment A. Implementation of the Limitations and Distribution, or Use Methodology Standards I. National Technology Transfer and D. Outputs From the Environmental 1. Timing Advancement Act Assessment 2. Applicability of NSPS/PSNS 1. Improvements in Surface Water and 3. Legacy Wastewater J. Executive Order 12898: Federal Actions Ground Water Quality 4. Combined Wastestreams To Address Environmental Justice in 2. Reduced Impacts to Wildlife 5. Non-Chemical Metal Cleaning Wastes Minority Populations and Low-Income 3. Reduced Human Health Cancer Risk B. Upset and Bypass Provisions Populations 4. Reduced Threat of Non-Cancer Human C. Variances and Modifications K. Congressional Review Act (CRA) Health Effects 1. Fundamentally Different Factors Appendix A to the Preamble: Definitions, 5. Reduced Nutrient Impacts Variance Acronyms, and Abbreviations Used in E. Unquantified Environmental and 2. Economic Variances This Preamble Human Health Improvements 3. Water Quality Variances F. Other Secondary Improvements 4. Removal Credits I. Regulated Entities and Supporting XIV. Benefit Analysis D. Site-Specific Water Quality-Based Documentation A. Categories of Benefits Analyzed Effluent Limitations B. Quantification and Monetization of XVII. Related Acts of Congress, Executive A. Regulated Entities Benefits Orders, and Agency Initiatives 1. Human Health Benefits From Surface A. Executive Order 12866: Regulatory Entities potentially regulated by this Water Quality Improvements Planning and Review and Executive action