64650 Federal Register / Vol. 85, No. 198 / Tuesday, October 13, 2020 / Rules and Regulations ENVIRONMENTAL PROTECTION Although listed in the index, some • Supplemental Environmental AGENCY information is not publicly available, Assessment for Revisions to the Effluent e.g., Confidential Business Information Limitations Guidelines and Standards 40 CFR Part 423 (CBI) or other information whose for the Steam Electric Power Generating [EPA–HQ–OW–2009–0819; FRL–10014–41– disclosure is restricted by statute. Point Source Category (Supplemental OW] Certain other material, such as EA), Document No. EPA–821–R–20– copyrighted material, is not placed on 002. The Supplemental EA summarizes RIN 2040–AF77 the internet and will be publicly the potential environmental and human Steam Electric Reconsideration Rule available only in hard copy form. health impacts that are estimated to Publicly available docket materials are result from implementation of this final AGENCY: Environmental Protection available electronically through http:// rule. Agency. www.regulations.gov. • Benefit and Cost Analysis for ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: For Revisions to the Effluent Limitations technical information, contact Richard Guidelines and Standards for the Steam SUMMARY: The Environmental Protection Benware, Engineering and Analysis Electric Power Generating Point Source Agency (EPA or the Agency) is Category (BCA Report), Document No. finalizing a regulation to revise the Division, Telephone: 202–566–1369; Email: [email protected]. For EPA–821–R–20–003. The BCA Report technology-based effluent limitations summarizes estimates of the societal guidelines and standards (ELGs) for the economic information, contact James Covington, Engineering and Analysis benefits and costs resulting from steam electric power generating point implementation of this final rule. source category applicable to flue gas Division, Telephone: 202–566–1034; • Email: [email protected]. Regulatory Impact Analysis for desulfurization (FGD) wastewater and Revisions to the Effluent Limitations SUPPLEMENTARY INFORMATION: bottom ash (BA) transport water. This Guidelines and Standards for the Steam final regulation is estimated to save Preamble Acronyms and Abbreviations. We use multiple Electric Power Generating Point Source approximately $140 million annually in Category (RIA), Document No. EPA– after tax compliance costs as a result of acronyms and terms in this preamble. While this list may not be exhaustive, to 821–R–20–004. The RIA presents a less costly FGD wastewater technologies profile of the steam electric power that could be used with the ease the reading of this preamble and for reference purposes, EPA defines terms generating industry, a summary of modification of the Steam Electric estimated costs and impacts associated Power Generating Effluent Guidelines and acronyms in Appendix A. Supporting Documentation. Today’s with this final rule, and an assessment 2015 rule (the 2015 rule) limitations; final rule is supported by numerous of the potential impacts on employment less costly BA transport water and small businesses. documents including: • technologies made possible by the • Supplemental Technical Response to Public Comments for revision of the 2015 rule’s zero Development Document for Revisions to Revisions to the Effluent Limitations discharge limitations; a two-year the Effluent Limitations Guidelines and Guidelines and Standards for the Steam extension of compliance time frames for Standards for the Steam Electric Power Electric Power Generating Point Source meeting FGD wastewater and BA Generating Point Source Category Category. This document provides transport water limitations, and (Supplemental TDD), Document No. EPA’s responses to substantive public additional subcategories for both FGD EPA–821–R–20–001. The Supplemental comments received on the 2019 wastewater and BA transport water. TDD summarizes the technical and proposed rule. • Participation in the voluntary incentive engineering analyses supporting the Docket Index for the Revisions to program would contribute to the final rule. It presents EPA’s updated the Steam Electric ELGs. This document reduction in pollutant discharges by analyses supporting the revisions to provides a list of the additional these steam electric power plants in FGD wastewater and BA transport memoranda, references, and other FGD wastewater by approximately 26.7 water. These updates include additional information relied upon by EPA for this million pounds per year. data collected since the signature of the final rule. DATES: This final rule is effective on 2015 rule, updates to the industry (e.g., Organization of this Document. The December 14, 2020. In accordance with retirements, updates to FGD treatment information in this preamble is 40 CFR part 23, this regulation shall be and BA handling), cost methodologies, organized as follows: considered issued for purposes of pollutant removal estimates, I. Executive Summary judicial review at 1:00 p.m. Eastern time corresponding non-water quality II. Public Comments and Online Public on October 27, 2020. Under section environmental impacts associated with Hearing 509(b)(1) of the CWA, judicial review of updated FGD and BA methodologies, III. General Information this regulation can be had only by filing and explanations of the calculations of A. Does this action apply to me? a petition for review in the U.S. Court B. What action is EPA taking? the effluent limitations and standards. C. What is EPA’s authority for taking this of Appeals within 120 days after the Except for the updates described in the regulation is considered issued for action? Supplemental TDD, the Technical D. What are the monetized incremental purposes of judicial review. Under Development Document for the Effluent costs and benefits of this action? section 509(b)(2), the requirements in Limitations Guidelines and Standards IV. Background this regulation may not be challenged for the Steam Electric Power Generating A. Clean Water Act (CWA) later in civil or criminal proceedings Point Source Category (2015 TDD, B. Relevant Effluent Guidelines brought by EPA to enforce these Document No. EPA–821–R–15–007) is 1. Best Practicable Control Technology requirements. still applicable and provides a more Currently Available (BPT) 2. Best Available Technology Economically ADDRESSES: EPA has established a complete summary of EPA’s data Achievable (BAT) docket for this action under Docket ID collection, description of the industry, 3. Pretreatment Standards for Existing No. EPA–HQ–OW–2009–0819. All and underlying analyses supporting the Sources (PSES) documents in the docket are listed on ELGs established for other wastestreams C. 2015 Steam Electric Power Generation the http://www.regulations.gov website. in the 2015 rule. Point Source Category Rule VerDate Sep<11>2014 19:22 Oct 09, 2020 Jkt 253001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\13OCR2.SGM 13OCR2 khammond on DSKJM1Z7X2PROD with RULES2 Federal Register / Vol. 85, No. 198 / Tuesday, October 13, 2020 / Rules and Regulations 64651 D. Legal Challenges, Administrative B. Air Pollution H. Executive Order 13045: Protection of Petitions, Section 705 Action, C. Solid Waste Generation and Beneficial Children From Environmental Health Postponement Rule, and Reconsideration Use Risks and Safety Risks of Certain Limitations and Standards D. Changes in Water Use I. Executive Order 13211: Actions That E. Other Ongoing Rules Affecting the A. Introduction Significantly Affect Energy Supply, Steam Electric Sector B. Updates to the Environmental Distribution, or Use 1. Affordable Clean Energy (ACE) Rule Assessment Methodology J. National Technology Transfer and 2. Coal Combustion Residuals (CCR) C. Outputs From the Environmental Advancement Act F. Scope of the Final Rule Assessment K. Executive Order 12898: Federal Actions V. Steam Electric Power Generating Industry XII. Benefits Analysis To Address Environmental Justice in Description A. Categories of Benefits Analyzed Minority Populations and Low-Income A. General Description of Industry B. Quantification and Monetization of Populations B. Current Market Conditions in the Benefits L. Congressional Review Act (CRA) Electricity Generation Sector 1. Changes in Human Health Effects From Appendix A to the Preamble: Definitions, C. Control and Treatment Technologies Surface Water Quality Changes Acronyms, and Abbreviations Used in 1. FGD Wastewater 2. Ecological Condition and Recreational This Preamble 2. BA Transport Water Use Effects From Changes in Surface VI. Data Collection Since the 2015 Rule Water Quality I. Executive Summary A. Information From the Electric Utility 3. Effects on Threatened and Endangered Industry Species A. Purpose of Rule 1. Engineering Site Visits 4. Changes in Ability To Market Coal 2. Data Requests, Responses, and Meetings Combustion Byproducts Coal-fired plants are affected by 3. Voluntary BA Transport Water Sampling 5. Changes in Dredging Costs several environmental regulations. One 4. Electric Power Research Institute (EPRI) 6. Changes in Air Quality-Related Effects of these regulations, the Steam Electric Voluntary Submission 7. Changes in Water Withdrawals Power Generating ELGs, was 5. Meetings With Trade Associations C. Total Monetized Benefits promulgated in 2015 (80 FR 67838; B. Information From the Drinking Water D. Unmonetized Benefits November 3, 2015) and applies to the Utility Industry and States XIII. Development of Effluent Limitations subset of the electric