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On September 30, EPA finalized a rule to set effluent limitation guidelines (ELGs) for certain steam power electric generation plants.  According to EPA’s press release the rule “will reduce the discharge of toxic pollutants into America’s waterways from steam electric power plants by 1.4 billion pounds annually, as well as reduce water withdrawal by 57 billion gallons per year, resulting in an estimated benefit of $463 million per year to Americans across the country.” The steam electric power plants regulated under the new rule are currently responsible for a significant portion of all pollutants discharged from industrial facilities and the discharges that will now be minimized include many pollutants that are of concern to drinking water utilities such as arsenic, lead, mercury, selenium, chromium and cadmium.

The final regulation is responsive to many of the concerns expressed in joint comments on the rule proposal submitted by AMWA, the American Waterworks Association, Clean Water Action and the Rural Community Assistance Partnership by virtue of EPA’s selection of a rule option on the more stringent side of those proposed.  However, the final rule does not include any direct requirements for elimination of or sampling for bromide discharges, an issue of particular concern for water utilities. Recent research has shown that bromide from power plant discharges can significantly contribute to increased formation of brominated species of disinfection byproducts (DBPs) that can cause drinking water plants to exceed DBP regulatory limits and lead to costly new treatment requirements. EPA did, however, include a stronger discussion of the issue in the final rule preamble and recommended the inclusion of bromide limits as states set water quality standards and stronger notification requirements to drinking water utilities.

The final rule goes into effect 60 days after official publication in the Federal Register, though compliance timelines vary depending on the specific rule requirements applicable to each facility. Additional information on the final rule, including links to a pre-publication copy of the rule, fact sheets and other supporting documentation is available through EPA’s Steam Electric Power Generating Effluent Guidelines - 2015 Final Rule webpage.