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On April 19, EPA Acting Administrator Bob Perciasepe signed a proposed rule to set effluent limitation guidelines (ELGs) for certain steam power electric generation plants. "Steam electric power plants alone contribute more than half of the toxic pollutants discharged to water bodies by all industrial categories currently regulated in the Unites States," according to EPA's fact sheet on the proposal. Thus, the proposed rule has the potential to prevent a significant amount of pollutants (an estimated 470 million to 2.62 billion pounds annually) from getting into waterways. This includes contaminants such as bromides, mercury, arsenic, lead, selenium and phosphorus that are of concern to many drinking water utilities.

The proposal also claims a potential reduction in water use by the regulated plants of 50 billion to 103 billion gallons per year. Reductions in pollutants and water usage come from more stringent controls placed on byproducts in wastewater streams generated from processes such as flue gas desulfurization and fly and bottom ash handling.

The schedule for establishing steam power plant ELGs is driven by a March 2012 consent decree stemming from a lawsuit (Defenders of Wildlife v. EPA, D.D.C., No. 10-cv-01915) filed by several environmental groups. Under the consent decree, EPA is obligated to publish a final regulation by May 22, 2014.

EPA will take comment on the new proposal for 60 days following its official publication (expected in early May) in the Federal Register. Because the proposed rule has potential impacts on drinking water sources with regard to both water quality and quantity, AMWA will work with the Regulatory Committee to develop comments. If you have experienced any direct impacts from electric power plant discharges or water usage that could inform AMWA's comments, please contact Scott Biernat at 202-331-2820 or [email protected].