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Environmental Protection Agency

Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category-Deadline Extensions

Published December 31, 2025. Takes effect March 2, 2026, printed at 90 FR 61328, amending 40 CFR 423. 28,835 words.

In plain English

This sets limits on what one kind of plant may put into the water.

Read it at the Federal Register →

What the Rule Says It Does

The U.S. Environmental Protection Agency (the EPA or Agency) is finalizing a Clean Water Act (CWA) rule to extend deadlines promulgated in the 2024 "Supplemental Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category" (2024 rule), update the 2024 rule's transfer provisions to allow facilities to switch between compliance alternatives, and create authority for alternative applicability dates and paperwork submission dates, based on site-specific factors.

This is the rule's own summary, as the Federal Register prints it.

The Orders It Names

The rule names these orders itself. What it does about them is a reading, and none is recorded here.

On the Face of the Rule

As filed

[Federal Register Volume 90, Number 247 (Wednesday, December 31, 2025)] [Rules and Regulations] [Pages 61328-61355] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2025-24102]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 423

[EPA-HQ-OW-2009-0819; FRL-8794.3-04-OW] RIN 2040-AG54

Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category--Deadline Extensions

AGENCY

Environmental Protection Agency (EPA).

ACTION

Final rule.

DATES

The final rule is effective on March 2, 2026. In accordance with 40 CFR 23.2, this regulation shall be considered issued for purposes of judicial review at 1 p.m. Eastern time on January 14, 2026. Under section 509(b)(1) of the CWA, judicial review of this regulation can be had only by filing a petition for review in the U.S. Court of Appeals within 120 days after the regulation is considered issued for purposes of judicial review. Under section 509(b)(2), the requirements in this regulation may not be challenged later in civil or criminal proceedings brought by the EPA to enforce these requirements.

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 http://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.

The fields the Federal Register prints at the head of the rule, quoted as printed. Its summary is quoted above.

Why the Agency Says It Is Doing This

SUPPLEMENTARY INFORMATION

Table of Contents

I. Executive Summary II. Does this action apply to me? III. What is the EPA's authority for taking this action? IV. Background

A. Clean Water Act

B. Relevant Effluent Guidelines

1. Best Practicable Control Technology Currently Available

2. Best Available Technology Economically Achievable

3. Pretreatment Standards for Existing Sources

4. Best Professional Judgment

C. 2015 Steam Electric Rule

1. Summary of the 2015 Rule

2. Vacatur of Limitations Applicable to CRL and Legacy Wastewater

D. 2020 Steam Electric Reconsideration Rule

1. Summary of the 2020 Rule

2. 2020 Rule Litigation

E. 2024 Supplemental Steam Electric Rule

1. Summary of the 2024 Rule

2. 2024 Rule Litigation

3. Administrative Petitions for Reconsideration of the 2024 Rule

4. NOPP Submission Extension Requests

F. Executive Order Summary V. Information Supporting the Final Action

A. National Energy Crisis

B. Regional Energy Reliability and Resource Adequacy Concerns

C. Increasing Energy Demand From Data Centers, Manufacturing, and Other Causes

D. Supply-Chain Risks

E. Other Pressures on Retirement

F. Recent Changes in Facilities' Plans To Cease Burning Coal in Light of Rising Demand VI. Final Rule

A. NOPP Submission Date Extension

B. Withdrawal of NOPP Companion Direct Final Rule

C. New Transfer Provision

D. Extended BAT Applicability Timing for Zero-Discharge Limitations

1. Industry-Wide Installation of the 2024 Zero-Discharge Limitations Cannot Reasonably Be Achieved Nationwide by 2029 Due to Longer-Than-Expected Timelines and Delays in Procuring Necessary Components and Completing Installation

2. An Extension of the Latest Compliance Deadlines for the 2024 Rule's Zero-Discharge Limitations Until 2034 Is Warranted Based on the Adverse Impacts on Customer Rates Resulting From the Cumulative Costs of Complying With Multiple Rules in Short Succession

3. An Extension of the 2024 Rule's Latest Compliance Deadline for Zero-Discharge Limitations Is Warranted To Ensure Plants Can Continue Operating To Support Grid Reliability and in Light of Legitimate Uncertainties About the Economic and Energy Impacts of the 2024 Rule

4. The Final Rule Does Not Revise the 2024 Rule's Earliest Compliance Dates, Which Have Already Passed

E. Tiered PSES

F. Alternative Applicability Timing and NOPP Submission Timing Flexibility

G. Clarifications to Sections 423.18(a) or 423.19(i)

H. Reliance Interests

I. Economic Achievability

J. Severability VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

B. Executive Order 14192: Unleashing Prosperity Through Deregulation

C. Paperwork Reduction Act (PRA)

D. Regulatory Flexibility Act (RFA)

E. Unfunded Mandates Reform Act (UMRA)

F. Executive Order 13132: Federalism

G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks

I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use

J. National Technology Transfer and Advancement Act (NTTAA)

K. Congressional Review Act (CRA)

I. Executive Summary

The EPA is finalizing regulations that apply to wastewater discharges from steam electric power plants, particularly coal-fired power plants. In 2024, the EPA finalized a CWA regulation that revised the technology-based effluent limitations guidelines and standards (ELGs) for the steam electric power generating point source category applicable to flue gas desulfurization (FGD) wastewater, bottom ash (BA) transport water, and legacy wastewater at existing sources and combustion residual leachate (CRL) at new and existing sources. 89 FR 40198 (May 9, 2024).

In the last year and a half, the EPA has observed extraordinary increases in energy demand across the U.S., decreases in energy reserves, difficulties in transmission across the electricity grid, increased energy prices, and decreased energy reliability (DCN SE11901, SE11902). In addition, the EPA has identified additional information that makes it clear that, due to supply chain logistical challenges as well as the unique characteristics of each facility's operational needs, the deadlines to comply with the 2024 rule are infeasible and impractical on a nationwide basis. This final action revises the compliance deadlines for existing sources subject to the 2024 rule, as seen in the following table, at a time of both growing energy crisis as well as different circumstances than what existed during the 2024 rulemaking process. These compliance deadline extensions also give utilities and permitting authorities flexibilities needed to ensure affordable and reliable power (DCN SE11915). Table 1 provides an overview of each revised regulatory deadline.

Table 1--Summary of Deadline Extensions

Extendable by 40 CFR

Rule Wastestream/submission Previous deadline New deadline 423.18?

2020 Rule........... NOPP for the Voluntary October 13, 2021, X................. Yes.

Incentives Plan, June 27, 2023,

Permanent Cessation of December 31, 2025.

Coal Combustion by 2028

Subcategory, and

Transfers.

BA Transport Water December 31, 2025.. X................. Yes.

(Generally Applicable

BAT).

FGD Wastewater

(Generally Applicable

BAT).

FGD Wastewater (VIP December 31, 2028.. X.................

limitations). 2024 Rule........... NOPP for the Permanent December 31, 2025.. December 31, 2031. X.

Cessation of Coal

Combustion by 2034

Subcategory.

BA Transport Water May 9, 2027........ January 1, 2029 or X.

(Generally Applicable Site-Specific

PSES). Date for BAT (see

below).

FGD Wastewater

(Generally Applicable

PSES).

CRL (Generally

Applicable PSES).

BA Transport Water No later than No later than Yes.

(Generally Applicable December 31, 2029. December 31, 2034.

BAT).

FGD Wastewater

(Generally Applicable

BAT).

CRL (Generally

Applicable BAT).

The revised deadlines also extend the date for existing steam electric power plants that seek to achieve permanent cessation of coal combustion to submit a notice of planned participation (NOPP) to December 31, 2034, allowing utilities additional time to assess evolving power demand needed to inform operational planning and decision-making. In addition to specific extensions to regulatory deadlines, this final action also revises the existing transfer provisions at 40 CFR 423.13(o) to allow facilities to switch between compliance alternatives and creates authority in 40 CFR 423.18 for alternative applicability dates and paperwork submission dates, based on site-specific factors. This final rule further establishes tiered pretreatment standards for existing sources (PSES). In so doing, it creates a compliance pathway for indirect dischargers that plan to become direct dischargers and, furthermore, changes the pretreatment compliance deadlines to provide consistency with the compliance deadlines for direct dischargers meeting best available technology economically achievable (BAT) limitations. This final rule does not change the underlying technology bases for the effluent limitations based on BAT. Subsequent to this rulemaking, the EPA intends to further evaluate data submitted during the public comment period and determine if reconsidering the 2024 BAT requirements is appropriate.

The passage that opens the rule's preamble, where the agency sets out what it is doing and on what authority. Every heading that follows it is listed below.

What the Rule Contains

Every heading the Federal Register prints in this rule, in the order it prints them. 50 headings, 28,835 words in all.

  1. AGENCYOn its face · 5 words
  2. ACTIONOn its face · 3 words
  3. SUMMARYOn its face · 71 words
  4. DATESOn its face · 103 words
  5. ADDRESSESOn its face · 83 words
  6. FOR FURTHER INFORMATION CONTACTOn its face · 49 words
  7. SUPPLEMENTARY INFORMATIONPreamble · 2 words
  8. Table of ContentsPreamble · 464 words
  9. I. Executive SummaryPreamble · 583 words
  10. II. Does this action apply to me?Preamble · 151 words
  11. III. What is the EPA's authority for taking this action?Preamble · 174 words
  12. IV. BackgroundPreamble · 2 words
  13. A. Clean Water ActPreamble · 527 words
  14. B. Relevant Effluent GuidelinesPreamble · 669 words
  15. 3. Pretreatment Standards for Existing SourcesPreamble · 432 words
  16. 1. Summary of the 2015 RulePreamble · 566 words
  17. 1. Summary of the 2020 RulePreamble · 449 words
  18. 1. Summary of the 2024 RulePreamble · 1,192 words
  19. F. Executive Order SummaryPreamble · 341 words
  20. V. Information Supporting the Final ActionPreamble · 6 words
  21. A. National Energy CrisisPreamble · 1,567 words
  22. B. Regional Energy Reliability and Resource Adequacy ConcernsPreamble · 1,236 words
  23. C. Increasing Energy Demand From Data Centers, Manufacturing, and Other CausesPreamble · 944 words
  24. D. Supply-Chain RisksPreamble · 681 words
  25. E. Other Pressures on RetirementPreamble · 229 words
  26. F. Recent Changes in Facilities' Plans To Cease Burning Coal in Light of Rising DemandPreamble · 725 words
  27. VI. Final RulePreamble · 536 words
  28. A. NOPP Submission Date ExtensionPreamble · 1,342 words
  29. B. Withdrawal of NOPP Companion Direct Final RulePreamble · 102 words
  30. C. New Transfer ProvisionPreamble · 349 words
  31. D. Extended BAT Applicability Timing for Zero-Discharge LimitationsPreamble · 5,439 words
  32. E. Tiered PSESPreamble · 1,284 words
  33. F. Alternative Applicability Timing and NOPP Submission Timing FlexibilityPreamble · 2,138 words
  34. G. Clarifications to Sections 423.18(a) or 423.19(i)Preamble · 748 words
  35. H. Reliance InterestsPreamble · 594 words
  36. I. Economic AchievabilityPreamble · 518 words
  37. J. SeverabilityPreamble · 747 words
  38. VII. Statutory and Executive Order ReviewsPreamble · 19 words
  39. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory ReviewPreamble · 214 words
  40. B. Executive Order 14192: Unleashing Prosperity Through DeregulationPreamble · 36 words
  41. C. Paperwork Reduction Act (PRA)Preamble · 376 words
  42. D. Regulatory Flexibility Act (RFA)Preamble · 235 words
  43. E. Unfunded Mandates Reform Act (UMRA)Preamble · 47 words
  44. F. Executive Order 13132: FederalismPreamble · 46 words
  45. G. Executive Order 13175: Consultation and Coordination With Indian Tribal GovernmentsPreamble · 92 words
  46. H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety RisksPreamble · 99 words
  47. I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or UsePreamble · 69 words
  48. J. National Technology Transfer and Advancement Act (NTTAA)Preamble · 15 words
  49. K. Congressional Review Act (CRA)Preamble · 46 words
  50. List of Subjects in 40 CFR 423Regulatory text · 2,434 words

The Rest of the Text

This rule runs to 28,835 words. The rest of it is set out over 2 pages, split at the rule's own headings so that no heading is parted from the words printed under it.

How to cite this
  1. The rule itself

    Environmental Protection Agency, “Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category-Deadline Extensions,” 90 FR 61328 (December 31, 2025). Effective March 2, 2026.
    https://www.federalregister.gov/documents/2025/12/31/2025-24102/effluent-limitations-guidelines-and-standards-for-the-steam-electric-power-generating-point-source

  2. This page

    “Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category-Deadline Extensions,” a final rule naming an order indexed here. Read the Mandate, https://readthemandate.org/rules/rule-2025-24102/ (retrieved October 10, 2026).

Cite the document when the claim is about what the document says. Cite this page when the indexing, the wording or the record of what has happened is what is being relied on.

How This Rule Is Set Out

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Two things the Register prints are not reproduced: the running head it repeats at every page break, and the tables it sets as pictures rather than as words. Its own marker for one of those tables, [GRAPHIC] [TIFF OMITTED], is left standing where the table was, so a reader can see that something is there and follow the link to the page it is on.

A heading with nothing quoted under it is one the rule prints on its own, with the words that follow it set under the headings beneath.