get your ducks in a row for elg compliance

Get Your Ducks in a Row for ELG Compliance

NOVEMBER 2018-DECEMBER 2023 PERMIT IMPLEMENTATION PERIOD Permitting authorities incorporate final ELGs into NPDES and pre-treatment permits

SEPTEMBER 2009Final detailed study report released and EPA announces decision to proceed with amendment

APRIL 17, 2015Final CCR Rule Issued

SEPTEMBER 30, 2015Final Rule signed by EPAEffective Date (TBD) 60 days after publication in Federal Register

DECEMBER 31, 2023Deadline for ELG implementation if complying via voluntary incentive program for Flue Gas Desulfurization (FGD) Wastewater

JUNE 7, 2013Proposed ELG amendment issued

EPA’s Planned Implementation Timeline

The U.S. Environmental Protection Agency (EPA) finalized the new effluent limitation guidelines (ELGs) on September 30, 2015. This is the first update since 1982, and it’s a game changer for many U.S. power plants. The new, technology-based guidelines increase regulation on discharges from steam electric power plants into surface waters.

It’s time to get your ducks in a row for ELG compliance if you’re an electric utility or independent power producer that falls within NAICS codes 22111, 221112 or 22113, and your facility discharges wastewater to a surface water body via a National Pollutant Discharge Elimination System (NPDES) permit or to a publically-owned treatment works (POTW).

New ELG Regulations

2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023

» Primarily impacts coal-fired power plants with a generating capacity greater than 50 MW, and integrated gasification combined cycle (IGCC) facilities.

» Removes FGD wastewater, IGCC wastewater and coal combustion residuals (CCR) leachate from current definition of low volume waste.

» Prohibits discharge of fly and bottom ash transport waters and flue gas mercury control systems (FGMC) wastewaters.

» Sets new numerical limits for arsenic, mercury, selenium, nitrite and nitrate for FGD wastewater from existing sources.

» Sets new numerical limits for arsenic, mercury, selenium and total dissolved solids (TDS) for FGD wastewater from new sources.

» Sets new numerical limits for arsenic, mercury, selenium and TDS for IGCC wastewaters.

» Sets new numerical limits for arsenic and selenium for new CCR leachate sources.

» Does not establish new regulations for non-chemical metal cleaning wastes—regulation is left to the best professional judgment of the regulating authority.

» Legacy wastewaters (generated prior to effective date of new permit) are not subject to the new rule limitations.

» Voluntary incentive program for direct dischargers extends the compliance timeline for facilities that agree to install vapor compression evaporation systems to treat FGD wastewaters.

» Anti-circumvention provision prohibits the internal reuse of fly and bottom ash transport waters and FGMC wastewaters, except in the case where ash transport waters are used as FGD scrubber makeup.

» Implementation will begin with NPDES permit renewals on or after November 1, 2018, through December 2023.

New ELG Regulations

What You Should Know

Technology Basis and Limits for Preferred Regulatory Options

Current RuleNew RuleBAT/PSES (Existing Sources)

New RuleNSPS/PSNS (New Sources)

FGD Wastewater

Impoundment

Included as low volume waste

Chemical precipitation + biological treatment

Hg, As, Se, NO2 + NO3 Limits

Evaporation

Hg, As, Se, TDS limits

Fly Ash Transport Water

Impoundment

Total suspended solids (TSS), oil and gas (O&G) limits

Dry handling

Zero discharge

Dry handling

Zero discharge

Bottom Ash Transport Water

Impoundment

TSS, O&G limits

Dry handling/closed loop

Zero discharge

Dry handling/closed loop

Zero discharge

Coal Combustion Residual (CCR) Leachate

Impoundment


Impoundment

TSS, O&G limits – no change from current

Chemical precipitation

Additional Hg, As limits

Flue Gas Mercury Control Systems (FGMC) Wastewater

Impoundment


Dry handling

Zero discharge

Dry handling

Zero discharge

Integrated Gasification Combined-Cycle (IGCC) Wastewater

Impoundment


Evaporation


Evaporation


Non-chemical Metal Cleaning Wastes

Reserved for future consideration



Flue Gas Desulfurization Wastewater (Existing Sources)

Flue Gas Desulfurization Wastewater (New Sources + Incentive Program)

Arsenic, ppb30-Day Average: 8Daily Maximum: 11

Arsenic, ppb30-Day Average: N/A

Daily Maximum: 4

Mercury, ppt30-Day Average: 356Daily Maximum: 788

Mercury, ppt30-Day Average: 24Daily Maximum: 39

Selenium, ppb30-Day Average: 12Daily Maximum: 23

Selenium, ppb30-Day Average: N/A

Daily Maximum: 5

Nitrite-Nitrate, ppm as N30-Day Average: 4.4Daily Maximum: 17

Total Dissolved Solids, ppm30-Day Average: 24Daily Maximum: 50

Coal Combustion Residuals Leachate (New + Existing Sources)

Integrated Gasification Combined-Cycle (New + Existing Sources)

*Arsenic, ppb30-Day Average: 8Daily Maximum: 11

Arsenic, ppb30-Day Average: N/ADaily Maximum: 4

*Mercury, ppt30-Day Average: 356Daily Maximum: 788

Mercury, ppt30-Day Average: 1.3Daily Maximum: 1.8

Total Suspended Solids, ppm30-Day Average: 30Daily Maximum: 100

Selenium, ppb30-Day Average: 227Daily Maximum: 453

Oil & Grease, ppm30-Day Average: 15Daily Maximum: 20

Total Dissolved Solids, ppm30-Day Average: 22Daily Maximum: 38

Numerical Limits

* New sources only

Frequently Asked QuestionsWhat Our Experts Have to Say

John Van Gehuchten Q: How will these ELG changes be implemented into my existing NPDES permit?

A: Permitting authorities will begin incorporating the new ELG requirements into NPDES and pre-treatment permits after November 1, 2018. This will provide facilities a minimum of three years to comply. The plan is to have all permits updated within five years of the anticipated implementation date, or by December 31, 2023. However, all new sources will be subject to the new rules upon the implementation date. It’s important to note that the new ELG limits are the minimum level of pollutant regulation permit writers will be expected to require. In addition to the ELG technology-based effluent limits, a facility may be required to meet other water quality based effluent limits to protect the receiving water streams.

Brian PowersQ: My plant currently combines CCR leachate and FGD wastewater for treatment in a common wastewater treatment facility. Will this still be permitted under the new regulation?

A: At existing facilities, CCR leachate can be combined with FGD wastewater prior to treatment provided the combined wastewater stream is treated to the new effluent limit standards for FGD wastewater prior to discharge. The combined stream will be subject to the numerical discharge limits for arsenic, mercury, selenium, nitrite and nitrate for FGD wastewater. An evaluation for treating each stream separately may be beneficial as a lower cost option since CCR leachate from existing sources will follow previously regulated low volume waste requirements for only TSS and oil and grease.

Colleen LaymanQ: The coal burning unit at my site will be decommissioned in 2016; however, we might still have wastewater stored in the on-site ash impoundment after the rule implementation date. Are these wastewaters subject to the new ELG rules?

A: Legacy FGD wastewaters, fly ash transport waters, bottom ash transport waters, FGMC wastewaters or gasification wastewaters generated prior to the rule implementation date and stored in an impoundment will only need to meet the previous ELG and permit limits for those wastewater streams prior to discharge. This means they will likely only be required to meet TSS and oil and grease limits, unless other parameters for these wastewater streams existed previously in the owner’s discharge permit.

Jim BeninatiQ: What is the definition of a “new source” versus an “existing source” in the proposed new rule?

A: A new source is defined by the EPA as a building, structure, facility or installation generating wastewater where construction began after the promulgation of the final ELG rule. A new source is the part of the facility that generates a new wastewater stream, such as a new wet FGD system—whether it is a new power plant or a new piece of equipment. A new source does not refer to a new wastewater treatment system or upgrades to an existing wastewater treatment system, as the treatment system is not considered to be the wastewater source.

5 Steps to Get Your Ducks in a Row

For more information, please contact:Colleen Layman, PEP: (304) 224-6109E: [email protected]

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Evaluate the impact of all regulations

The EPA has recently issued additional regulation for CCR, CWA §316(b) and flue gas emissions. Evaluating the plant holistically by considering the impact of all regulation changes is important to develop cost-effective, practical solutions to meet a facility’s needs for all regulatory challenges.

Know your plant’s current water/wastewater picture

To determine the best solution for the future and evaluate how changes will impact your plant, you need to understand your current plant picture. If you haven’t already done so, now is the time to update your plant water and mass balances, determine data gaps, and implement a plan to fill in the gaps and develop a complete plant picture.

Look into reuse/recycle opportunities and other ways to eliminate or reduce wastewater streams

Analyze your plant’s water and mass balance to see if there are low cost opportunities to reuse wastewater streams or minimize flow rates to reduce your treatment volumes. The EPA made significant changes to the proposed anti-circumvention provision from the draft version, giving plants more flexibility. Combining streams for treatment or discharge is permitted in most cases with modification of numerical limits based on flow rates.

Lock in your plan of attack

Now is the time to act. The anticipated implementation date of the ELG amendment is November 2018, leaving some facilities just three years to comply. Review your NPDES or pre-treatment permit renewal dates and establish a site-specific timeline and plan of attack.

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Weigh the benefits of the incentive program

The EPA has proposed an incentive program with an extended compliance timeline for plants who voluntarily choose to treat their FGD wastewater via a vapor-compression evaporation system and accept stricter discharge limitations. Considering other WQBELs that your plant might be subject to and other site–specific factors, evaluate whether participation in this incentive program might make sense at your facility.

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get your ducks in a row for elg compliance

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