[Federal Register Volume 91, Number 20 (Friday, January 30, 2026)]
[Rules and Regulations]
[Pages 4016-4017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-01913]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 423
[EPA-HQ-OW-2009-0819; FRL-8794.3-05-OW]
RIN 2040-AG54
Effluent Limitations Guidelines and Standards for the Steam
Electric Power Generating Point Source Category--Deadline Extensions;
Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correction.
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SUMMARY: The U.S. Environmental Protection Agency (the EPA or Agency)
is issuing a notice to correct some of the deadlines listed in the
final rule, ``Effluent Limitations Guidelines and
[[Page 4017]]
Standards for the Steam Electric Generating Point Source Category--
Deadline Extensions,'' which published in the Federal Register on
December 31, 2025. After publication, the EPA became aware of post-
signature typographical errors in the published regulatory text
concerning compliance deadlines for pretreatment standards and related
reporting recordkeeping requirements in the rule. This correction will
ensure that the rule's compliance deadlines and reporting and
recordkeeping deadlines match those in the version of the rule signed
by the EPA Administrator.
DATES: Effective on March 2, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OW-2009-0819. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available electronically through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Richard Benware, Engineering and
Science Division, Office of Water (Mail Code 4303T), Environmental
Protection Agency, 1200 Pennsylvania Avenue NW; Washington, DC 20460;
telephone number: 202-566-1369; email address: [email protected].
Information about the Steam Electric Effluent Limitations Guidelines
and Standards (ELGs) is available online at: https://www.epa.gov/eg/steam-electric-power-generating-effluent-guidelines.
SUPPLEMENTARY INFORMATION: The final rule, ``Effluent Limitations
Guidelines and Standards for the Steam Electric Generating Point Source
Category--Deadline Extensions,'' which published in the Federal
Register on December 31, 2025 (90 FR 61328), contained several
typographical errors that were introduced during the publication
process. These typographical errors, which appear in 40 CFR 423.16 and
423.19, pertain to compliance dates for achievement of certain
pretreatment standards. These errors do not reflect the correct dates
set forth in the rule, as signed by the EPA Administrator on December
23, 2025. This action ensures that the correct dates appear in the CFR.
The Agency finds that it has good cause under section 553(b)(B) of the
Administrative Procedure Act, 5 U.S.C. 553, to dispense with notice and
comment on this correction because it is unnecessary, as the correction
merely redresses a typographical error in the regulatory text made by
OFR in the post-signature publication process. Moreover, as the
correction is being made before the effective date of the Deadline
Extensions Rule, there should be no confusion as to the applicable
compliance dates.
Corrections
0
1. Effective March 2, 2026, in rule document 2025-24102 at 90 FR 61328
in the issue of December 31, 2025, on page 61353, in the second column,
in amendatory instruction 3, paragraphs (e)(3), (g)(3), and (j)(1) are
corrected to read as follows:
Sec. 423.16 [Corrected]
(e) * * *
(3) 2024 PSES. Except as provided for in paragraph (e)(4) of this
section, for any electric generating unit with a total nameplate
generating capacity of more than 50 megawatts and that is not an oil-
fired unit:
(i) Dischargers must meet the standards in paragraph (e)(1) of this
section by January 1, 2029. The standards in paragraph (e)(1) of this
section apply to the discharge of FGD wastewater generated on and after
January 1, 2029.
(ii) By the dates in paragraph (e)(3)(ii)(A) or (B) of this section
there shall be no discharge of pollutants in FGD wastewater:
(A) January 2, 2029; or
(B) Where a certification statement has been submitted pursuant to
Sec. 423.19(p), December 31, 2034.
* * * * *
(g) * * *
(3) 2024 PSES. Except as provided for in paragraph (g)(4) of this
section, for any electric generating unit with a total nameplate
generating capacity of more than 50 megawatts and that is not an oil-
fired unit:
(i) Dischargers must meet the standards in paragraph (g)(1) of this
section by January 1, 2029. The standards in paragraph (g)(1) of this
section apply to the discharge of bottom ash transport water generated
on and after January 1, 2029.
(ii) By the dates in paragraph (g)(3)(ii)(A) or (B) of this
section, there shall be no discharge of pollutants in bottom ash
transport water:
(A) January 2, 2029; or
(B) Where a certification statement has been submitted pursuant to
Sec. 423.19(p), December 31, 2034.
* * * * *
(j) * * *
(1) 2024 PSES. Until and including the dates specified in
paragraphs (j)(1)(i) and (ii), or paragraph (j)(2) of this section, the
EPA is declining to establish PSES for combustion residual leachate and
is reserving such standards to be established by the control authority
on a case-by-case.
(i) Except for those discharges to which paragraph (j)(1)(ii) of
this section applies, by the dates in paragraph (j)(1)(i)(A) or (B) of
this section, there shall be no discharge of pollutants in combustion
residual leachate:
(A) January 2, 2029; or
(B) Where a certification statement has been submitted pursuant to
section 423.19(p), December 31, 2034.
(ii) After the retirement of all units at a facility, the quantity
of pollutants in CRL shall not exceed the quantity determined by
multiplying the flow of CRL permeate times the concentrations listed in
the table 7 to Sec. 423.13(g)(3)(i) or the flow of CRL distillate
times the concentrations listed in the table in Sec. 423.15(b)(13).
0
2. Effective March 2, 2026, in rule document 2025-24102 at 90 FR 61328
in the issue of December 31, 2025, on page 61354, in the first column,
in amendatory instruction 5, paragraph (p) is corrected to read as
follows:
Sec. 423.19 [Corrected]
(p) Requirements for facilities subject to zero discharge
pretreatment standards for existing sources by 2034. For sources
seeking to be subject to the second tier of the tiered standards in
Sec. 423.16(e)(3)(ii)(B), (g)(3)(ii)(B), or (j)(2)(i)(B), a
certification statement shall be submitted to the control authority by
January 1, 2029, stating that the facility has submitted a permit
application, permit renewal application, or permit modification request
to its permitting authority seeking an as soon as possible date for
achieving the corresponding generally applicable zero discharge
limitations in Sec. 423.13(g)(4)(i), (k)(4)(i), or (l)(1)(i), subject
to the considerations in Sec. 423.11(t). Furthermore, the
certification statement will include an affirmative statement that the
facility will also cease its indirect discharge by the as soon as
possible date determined in this permitting action.
* * * * *
Jessica L. Kramer,
Assistant Administrator.
[FR Doc. 2026-01913 Filed 1-29-26; 8:45 am]
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