Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355 (May 22, 2001)) because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy.
    The Agency analyzed the potential energy effects of these proposed
ELGs. The potentially significant effects of this rule on energy
supply, distribution or use concern the electric power sector. EPA's
analysis found that the proposed ELGs would not cause effects in the
electric power sector that would constitute a significant adverse
effect under Executive Order 13211. Namely, the Agency's analysis found
that this rule would not reduce electricity production in excess of 1
billion kilowatt hours per year or in excess of 500 megawatts of
installed capacity, and therefore would not constitute a significant
regulatory action under Executive Order 13211.
    For more detail on the potential energy effects of this proposal,
see Chapter 10 in the RIA report.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272
note), directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. NTTAA directs EPA to
provide Congress, through OMB, explanations when the Agency decides not
to use available and applicable voluntary consensus standards.
    This rulemaking does not involve technical standards, for example,
in the measurement of pollutant loads. Nothing in this proposed rule
would prevent the use of voluntary consensus standards for such
measurement where available, and EPA encourages permitting authorities
and regulated entities to do so. Therefore, EPA is not considering the
use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population.
    To meet the objectives of Executive Order 12898, EPA examined
whether these proposed ELGs will have potential environmental justice
concerns in the areas affected by steam electric plant

discharges. The Agency analyzed the demographic characteristics of the
populations currently exposed to steam electric plant discharges
through receiving reaches (i.e., populations located within 100 miles
of the affected reaches, also referred to as the ``benefit regions'' in
the rest of this discussion) to determine whether minority and or low-
income populations are subject to disproportionally high environmental
impacts. Chapter 10 of the RIA provides a detailed discussion of the
environmental justice analysis.
    EPA compared demographic data from the 2010 Census for benefit
regions with corresponding characteristics at the state and national
levels. This analysis focuses on the spatial distribution of minority
and low-income groups to determine whether these groups are more or
less represented in the populations expected to benefit from the
proposed ELGs. The demographic characteristics that EPA analyzed
include: percent African Americans, percent Native American, Eskimo, or
Aleut, percent Asian or Pacific Islander, percent of the population
below the poverty level, and median income. This analysis shows that
approximately 14 percent of households in affected populations are
below the poverty threshold, and 25 percent of them are minority,
compared with national averages of 14 percent and 36 percent,
respectively. Additionally, the median household income in affected
populations is $48,579, while it is $51,914 nationally.
    Of the 344 benefit regions defined in the analysis (within 100
miles of an affected plant), 28 regions (8 percent) may have
Environmental Justice concerns under all three metrics, 79 regions (23
percent) under two metrics, and 194 regions (56 percent) under one
metric. Forty-three regions (13 percent) would not be considered has
having Environmental Justice concerns under any of the metrics.
    This analysis indicates that minority and low-income communities
are expected to benefit as much as anyone from the proposed ELGs.

Appendix A: Definitions, Acronyms, and Abbreviations Used in This
Notice

    The following acronyms and abbreviations are used in this
document.
    Administrator--The Administrator of the U.S. Environmental
Protection Agency.
    Agency--U.S. Environmental Protection Agency.
    BAT--Best available technology economically achievable, as
defined by Sections 301(b)(2)(A) and 304(b)(2)(B) of the CWA.
    BCT--The best control technology for conventional pollutants,
applicable to discharges of conventional pollutants from existing
industrial point sources, as defined by Sections 301(b)(2)(E) and
304(b)(4) of the CWA.
    BMP--Best management practice.
    Bottom ash--The ash, including boiler slag, that drops out of
the furnace gas stream in the furnace and which settles in the
furnace or are dislodged from furnace walls. Economizer ash is
included when it is collected with bottom ash.
    BPT--The best practicable control technology currently
available, applicable to effluent limitations, for industrial
discharges to surface waters, as defined by Sections 301(b)(1) and
304(b)(1) of the CWA.
    CBI--Confidential Business Information.
    CCR--Coal Combustion Residuals.
    Clean Water Act (CWA)--The Federal Water Pollution Control Act
Amendments of 1972 (33 U.S.C. Section 1251 et seq.), as amended
e.g., by the Clean Water Act of 1977 (Pub. L. 95-217), and the Water
Quality Act of 1987 (Pub. L. 100-4).
    Combustion Residual Leachate--Leachate from landfills or surface
impoundments containing combustion residuals. Leachate includes
liquid, including any suspended or dissolved constituents in the
liquid that has percolated through or drained from waste or other
materials emplaced in a landfill, or that pass through the
containment structure (e.g., bottom, dikes, berms) of a surface
impoundment. Leachate also includes the terms seepage, leak, and
leakage, which are generally used in reference to leachate from an
impoundment. Includes landfills and surface impoundments located on
non-adjoining property when under the operational control of the
permitted facility.
    Direct Discharger--A facility that discharges or may discharge
treated or untreated wastewaters into waters of the United States.
    DOE--Department of Energy.
    Dry bottom ash handling system--A system that does not use water
to convey bottom ash away from the boiler. It includes systems that
collect and convey the ash without any use of water, as well as
systems in which bottom ash is mechanically or pneumatically
conveyed away from the boiler.
    Dry fly ash handling system--A system that does not use water as
the transport medium to convey fly ash away from particulate
collection equipment.
    EIA--Energy Information Administration.
    EO--Executive Order.
    EPA--U.S. Environmental Protection Agency.
    Facility -- All property owned, operated, leased, or under the
control of the same person or entity.
    Flue Gas Desulfurization (FGD) Wastewater--Any process
wastewater generated specifically from the wet flue gas
desulfurization scrubber system, including any solids separation or
solids dewatering processes.
    Flue Gas Mercury Control (FGMC) System--An air pollution control
system installed or operated for the purpose of removing mercury
from flue gas.
    Flue Gas Mercury Control Wastewater--Any process wastewater
generated from an air pollution control system installed or operated
for the purpose of removing mercury from flue gas. This includes fly
ash collection systems when the particulate control system follows
the injection of sorbents or implementation of other controls to
remove mercury from flue gas. Flue gas desulfurization systems are
not included in this definition.
    Fly Ash--The ash that is carried out of the furnace by the gas
stream and collected by mechanical precipitators, electrostatic
precipitators, and/or fabric filters. Economizer ash is included
when it is collected with fly ash. Ash collected in wet scrubber air
pollution control systems whose primary purpose is particulate
removal is not included.
    Gasification Wastewater--Wastewater from all sources at an
integrated gasification combined cycle operation except those for
which specific limitations are otherwise established. Gasification
wastewater includes, but is not limited to the following: slag
handling wastewater; fly ash and water stream; sour/grey water
(which consists of condensate generated for gas cooling, as well as
other wastestreams); CO2/steam stripper wastewater; air
separation unit blowdown; and sulfur recover unit blowdown.
    IPM--Integrated Planning Model.
    Landfill--A disposal facility or part of a facility where solid
waste, sludges, or other process residuals are placed in or on any
natural or manmade formation in the earth for disposal and which is
not a storage pile, a land treatment facility, a surface
impoundment, an underground injection well, a salt dome or salt bed
formation, an underground mine, a cave, or a corrective action
management unit.
    Low Volume Waste Sources--Wastewater from all sources including,
but not limited to: ion exchange water treatment systems, water
treatment evaporator blowdown, laboratory and sampling streams,
boiler blowdown, floor drains, cooling tower basin cleaning wastes,
and recirculating house service water systems. Sanitary and air
conditioning wastes and carbon capture wastewater are not included.
    NAICS--North American Industry Classification System.
    NSPS, or New Source Performance Standards, applicable to
industrial facilities whose construction is begun after the
effective date of the final regulations. See 40 CFR 122.2.
    ORCR--Office of Resource Conservation and Recovery.
    PSES--Pretreatment Standards for Existing Sources.
    PSNS--Pretreatment Standards for New Sources.
    Publicly Owned Treatment Works (POTW)--Any device or system,
owned by a state or municipality, used in the treatment (including
recycling and reclamation) of municipal sewage or industrial wastes
of a liquid nature that is owned by a state or municipality. This
includes sewers, pipes, or other conveyances only if they convey
wastewater to a POTW providing treatment. See 40 CFR 122.2.
    RCRA--The Resource Conservation and Recovery Act of 1976, 42
U.S.C. 6901 et seq.

    RFA--Regulatory Flexibility Act.
    SBA--Small Business Administration.
    Surface Impoundments--A facility or part of a facility which is
a natural topographic depression, man-made excavation, or diked or
dammed area formed primarily of earthen materials (although it may
be lined with man-made materials), which is designed to hold an
accumulation of liquid process wastes or process wastes containing
free liquids, and which is not an injection well. Examples of
surface impoundments are holding, storage, settling, and aeration
pits, ponds, and lagoons.
    UMRA--Unfunded Mandates Reform Act.
    Wet bottom ash handling system--A system in which bottom ash is
conveyed away from the boiler using water as a transport medium. Wet
bottom ash systems typically send the ash slurry to dewatering bins
or a surface impoundment.
    Wet FGD system--Wet FGD systems capture sulfur dioxide from the
flue gas using a sorbent that has mixed with water to form a wet
slurry, and that generates a water stream that exits the FGD
scrubber absorber.
    Wet fly ash handling system--A system that conveys fly ash away
from particulate removal equipment using water as a transport
medium. Wet fly ash systems typically dispose of the ash slurry in a
surface impoundment.

List of Subjects 40 CFR Part 423

    Environmental protection, Electric power generation, Power plants,
Waste treatment and disposal, Water pollution control.

    Dated: April 19, 2013.
Bob Perciasepe,
Acting Administrator.
    Therefore, 40 CFR chapter I is proposed to be amended as follows:

PART 423--STEAM ELECTRIC POWER GENERATING POINT SOURCE CATEGORY

0
1. The authority citation for part 423 is revised to read as follows:

    Authority: Secs. 101; 301; 304(b), (c), (e), and (g); 306; 307;
308 and 501, Clean Water Act (Federal Water Pollution Control Act
Amendments of 1972, as amended; 33 U.S.C. 1251; 1311; 1314(b), (c),
(e), and (g); 1316; 1317; 1318 and 1361).

0
2. Section 423.10 is revised as follows:

Sec.  423.10  Applicability.

    The provisions of this part apply to discharges resulting from the
operation of a generating unit by an establishment whose generation of
electricity is the predominant source of revenue or principal reason
for operation, and which results primarily from a process utilizing
fossil-type fuel (coal, oil, or gas), fuel derived from fossil fuel
(e.g., petroleum coke, synthesis gas), or nuclear fuel in conjunction
with a thermal cycle employing the steam water system as the
thermodynamic medium. This part applies to discharges associated with
both the combustion turbine and steam turbine portions of a combined
cycle generating unit. Facilities defined as new sources under the 1982
new source performance standards specified in Sec. Sec.  423.15(a) and
423.17(a) of this part continue to be subject to those standards. Units
that qualify as 1982 new sources are also subject to revised BAT
effluent limitations specified in Sec.  423.13 of this part (for direct
dischargers) or the revised pretreatment standards specified in Sec.
423.16 of this part (for indirect dischargers). These revised
limitations and standards constitute amendments to the new source
performance standards applicable to 1982 new sources.
0
3. Section 423.11 is amended by:
0
a. Revising paragraphs (b) and (e); and
0
b. Adding paragraphs (n) through (u).
    The revised and added paragraphs read as follows:

Sec.  423.11  Specialized definitions.

* * * * *
    (b) The term low volume waste sources means, taken collectively as
if from one source, wastewater from all sources except those for which
specific limitations are otherwise established in this part. Low volume
waste sources include, but are not limited to, the following:
wastewaters from ion exchange water treatment systems, water treatment
evaporator blowdown, laboratory and sampling streams, boiler blowdown,
floor drains, cooling tower basin cleaning wastes, recirculating house
service water systems, and wet scrubber air pollution control systems
whose primary purpose is particulate removal. Sanitary wastes, air
conditioning wastes, and wastewater from carbon capture or
sequestration systems are not included in this definition.
* * * * *
    (e) The term fly ash means the ash that is carried out of the
furnace by a gas stream and collected by a capture device such as a
mechanical precipitator, electrostatic precipitator, or fabric filter.
Economizer ash is included in this definition when it is collected with
fly ash. Ash is not included in this definition when it is collected in
wet scrubber air pollution control systems whose primary purpose is
particulate removal.
* * * * *
    (n) The term flue gas desulfurization (FGD) wastewater means any
process wastewater generated from a wet flue gas desulfurization
scrubber system, including any solids separation or solids dewatering
processes.
    (o) The term flue gas mercury control wastewater means any process
wastewater generated from an air pollution control system installed or
operated for the purpose of removing mercury from flue gas. This
includes fly ash collection systems when the particulate control system
follows the injection of sorbents or implementation of other controls
to remove mercury from flue gas. Flue gas desulfurization systems are
not included in this definition.
    (p) The term transport water means any process wastewater that is
used to convey fly ash or bottom ash from the ash collection equipment
and has direct contact with the ash.
    (q) The term gasification wastewater means any process wastewater
generated from a system used to create synthesis gas from fuels such as
coal or petroleum coke. Gasification wastewater includes, but is not
limited to, the following: slag handling wastewater, sour/grey water
(which includes condensate generated for gas cooling, as well as other
wastestreams), CO2/steam stripper wastewater, air separation
unit blowdown, and sulfur recovery unit blowdown.
    (r) The term combustion residual leachate means leachate from
landfills or surface impoundments containing residuals from the
combustion of fossil or fossil-derived fuel. Leachate includes liquid,
including any suspended or dissolved constituents in the liquid, that
has percolated through or drained from waste or other materials placed
in a landfill, or that pass through the containment structure (e.g.,
bottom, dikes, berms) of a surface impoundment. Leachate also includes
the terms seepage, leak, and leakage, which are generally used in
reference to leachate from an impoundment.
    (s) The term oil-fired unit means a generating unit that uses oil
as the primary or secondary fuel source and does not use a gasification
process or any coal or petroleum coke as a fuel source. This definition
does not include units that use oil only for start up or flame-
stabilization purposes.
    (t) The term sufficiently sensitive analytical method means a
method that ensures the sample-specific quantitation level for the
wastewater being analyzed is at or below the level of the effluent
limitation.
    (u) The term nonchemical metal cleaning waste means any wastewater
resulting from the cleaning of any metal process equipment without
chemical cleaning compounds, including, but not limited to, boiler tube
cleaning, boiler fireside cleaning, and air preheater cleaning.

0
4. Section 423.12 is amended by:
0
a. Revising paragraphs (b)(11) and (12); and
0
b. Adding paragraph (b)(13).
    The revised and added paragraphs read as follows:

Sec.  423.12  Effluent limitations guidelines representing the degree
of effluent reduction attainable by the application of the best
practicable control technology currently available (BPT).

* * * * *
    (b) * * *
    (11) The quantity of pollutants discharged in FGD wastewater, flue
gas mercury control wastewater, combustion residual leachate, or
gasification wastewater shall not exceed the quantity determined by
multiplying the flow of the applicable wastewater times the
concentration listed in the following table:

------------------------------------------------------------------------
                                          BPT effluent limitations
                                   -------------------------------------
                                                        Average of daily
  Pollutant or pollutant property                        values for 30
                                    Maximum for any 1   consecutive days
                                        day (mg/l)      shall not exceed
                                                             (mg/l)
------------------------------------------------------------------------
TSS...............................              100.0               30.0
Oil and grease....................               20.0               15.0
------------------------------------------------------------------------

    (12) At the permitting authority's discretion, the quantity of
pollutant allowed to be discharged may be expressed as a concentration
limitation instead of the any mass based limitations specified in
paragraphs (b)(3) through (b)(11) of this section. Concentration
limitations shall be those concentrations specified in this section.
    (13) In the event that wastestreams from various sources are
combined for treatment or discharge, the quantity of each pollutant or
pollutant property controlled in paragraphs (b)(1) through (b)(12) of
this section attributable to each controlled waste source shall not
exceed the specified limitations for that waste source.
0
5. Section 423.13 is amended by:
0
a. Adding paragraph (f);
0
b. Revising paragraphs (g) and (h); and
0
c. Adding paragraphs (i) through (n).

Sec.  423.13  Effluent limitations guidelines representing the degree
of effluent reduction attainable by the application of the best
available technology economically achievable (BAT).

* * * * *
    (f)(1) Except for those discharges to which paragraph (f)(2) of
this section applies, the quantity of pollutants discharged in
nonchemical metal cleaning wastes shall not exceed the quantity
determined by multiplying the flow of nonchemical metal cleaning wastes
times the concentration listed in the following table:

------------------------------------------------------------------------
                                          BAT effluent limitations
                                   -------------------------------------
                                                        Average of daily
  Pollutant or pollutant property                        values for 30
                                    Maximum for any 1   consecutive days
                                        day (mg/l)      shall not exceed
                                                             (mg/l)
------------------------------------------------------------------------
Copper, total.....................                1.0                1.0
Iron, total.......................                1.0                1.0
------------------------------------------------------------------------

    (2) For those discharges of nonchemical metal cleaning waste that
are currently authorized pursuant to limitations based on requirements
in Sec.  423.12(b)(3) for low-volume waste, the quantity of pollutants
discharged in nonchemical metal cleaning wastes shall not exceed the
quantity determined by multiplying the flow of nonchemical metal
cleaning wastes times the concentration listed in Sec.  423.12(b)(3).
    (g)(1) Except for those discharges to which paragraph (g)(2) of
this section applies, dischargers must meet the effluent limitations in
this paragraph by a date determined by the permitting authority that is
as soon as possible within the next permit cycle beginning July 1,
2017. These effluent limitations apply to pollutants in FGD wastewater
generated on or after the date the permitting authority has determined
is as soon as possible. Such effluent limitations shall not allow the
quantity of pollutants in FGD wastewater to exceed the quantity
determined by multiplying the flow of FGD wastewater times the
concentration listed in the following table:

------------------------------------------------------------------------
                                         BAT effluent limitations
                                 ---------------------------------------
                                                       Average of daily
 Pollutant or pollutant property   Maximum for any 1     values for 30
                                          day          consecutive days
                                                       shall not exceed
------------------------------------------------------------------------
Arsenic, total (ug/L)...........                8                   6
Mercury, total (ng/L)...........              242                 119
Selenium, total (ug/L)..........               16                  10
Nitrate/nitrate as N (mg/L).....                0.17                0.13
------------------------------------------------------------------------

    (2) For any electric generating unit with a total nameplate
capacity of less than or equal to 50 megawatts or that is an oil-fired
unit, the quantity of pollutants discharged in FGD wastewater shall not
exceed the quantity determined by multiplying the flow of FGD
wastewater times the concentration listed in Sec.  423.12(b)(11).
    (3) A discharger must demonstrate compliance with the effluent
limitations in paragraph (g)(1) of this section, as applicable, by
monitoring for all pollutants (except pH) at a point prior to use of
the FGD wastewater in any other plant process or commingling of the FGD
wastewater with any water or other process wastewater, except for any
combustion residual leachate or any other FGD wastewater. Compliance
with the effluent limitations must reflect results obtained from
sufficiently sensitive analytical methods.

    Note to (g):  All proposed revisions to Sec.  423.13(g) reflect
proposed Option 4a, Option 3, and Option 3b (for units located at
facilities with a total wet-scrubbed capacity of 2,000 MW or more),
only. Under proposed Option 3a and Option 3b (for units located at
facilities with a total wet-scrubbed capacity of less than 2,000
MW), BAT would continue to need to be determined on a site-specific
basis using best professional judgment.

    (h)(1) Except for those discharges to which paragraph (h)(2) of
this section applies, dischargers must meet the discharge prohibition
in this paragraph by a date determined by the permitting authority that
is as soon as possible within the next permit cycle beginning July 1,
2017. There shall be no discharge of wastewater pollutants from fly ash
transport water generated on or after the date the permitting authority
determines is as soon as possible. Whenever fly ash transport water is
used in any other plant process or is sent to a treatment system at the
plant, the resulting effluent must comply with the discharge
prohibition in this paragraph.
    (2) For any electric generating unit with a total nameplate
generating capacity of less than or equal to 50 megawatts or that is an
oil-fired unit, the quantity of pollutants discharged in fly ash
transport water shall not exceed the quantity determined by multiplying
the flow of fly ash transport water times the concentration listed in
Sec.  423.12(b)(4).
    (i)(1) Except for those discharges to which paragraph (i)(2) of
this section applies, dischargers must meet the discharge prohibition
in this paragraph by a date determined by the permitting authority that
is as soon as possible within the next permit cycle beginning July 1,
2017. There shall be no discharge of wastewater pollutants from flue
gas mercury control wastewater generated on or after the date the
permitting authority determines is as soon as possible. Whenever flue
gas mercury control wastewater is used in any other plant process or is
sent to a treatment system at the plant, the resulting effluent must
comply with the discharge prohibition in this paragraph.
    (2) For any electric generating unit with a total nameplate
generating capacity of less than or equal to 50 megawatts or that is an
oil-fired unit, the quantity of pollutants discharged in flue gas
mercury control wastewater shall not exceed the quantity determined by
multiplying the flow of flue gas mercury control wastewater times the
concentration listed in Sec.  423.12(b)(11).
    (j)(1) Except for those discharges to which paragraph (j)(2) of
this section applies, dischargers must meet the effluent limitations in
this paragraph by a date determined by the permitting authority that is
as soon as possible within the next permit cycle beginning July 1,
2017. Such effluent limitations shall not allow the quantity of
pollutants in gasification wastewater to exceed the quantity determined
by multiplying the flow of gasification wastewater times the
concentration listed in the following table:

------------------------------------------------------------------------
                                         BAT effluent limitations
                                 ---------------------------------------
                                                       Average of daily
 Pollutant or pollutant property   Maximum for any 1     values for 30
                                          day          consecutive days
                                                       shall not exceed
------------------------------------------------------------------------
Arsenic, total (ug/L)...........                4               (\1\)
Mercury, total (ng/L)...........                1.76                1.29
Selenium, total (ug/L)..........              453                 227
Total dissolved solids (mg/L)...               38                  22
------------------------------------------------------------------------
\1\ This regulation does not specify this type of limitation for this
  pollutant; however, permitting authorities may do so as appropriate.

    (2) For any electric generating unit with a total nameplate
generating capacity of less than or equal to 50 megawatts or that is an
oil-fired unit, the quantity of pollutants discharged in gasification
wastewater shall not exceed the quantity determined by multiplying the
flow of gasification wastewater times the concentration listed in Sec.
423.12(b)(11).
    (3) A discharger must demonstrate compliance with the effluent
limitations in paragraph (j)(1) of this section, as applicable, by
monitoring for all pollutants (except pH) at a point prior to use of
the gasification wastewater in any other plant process or commingling
of the gasification wastewater with water or any other process
wastewater. Compliance with the effluent limitations must reflect
results obtained from sufficiently sensitive analytical methods.

    (k)(1) Except for those discharges to which paragraph (k)(2) of
this section applies, dischargers must meet the discharge
prohibition in this paragraph by a date determined by the permitting
authority that is as soon as possible within the next permit cycle
beginning July 1, 2017. There shall be no discharge of wastewater
pollutants from bottom ash transport water generated on or after the
date the permitting authority determines is as soon as possible.
Whenever bottom ash transport water is used in any other plant
process or is sent to a treatment system at the plant, the resulting
effluent must comply with the discharge prohibition in this
paragraph.

    (2) For any electric generating unit with a total nameplate
generating capacity of less than or equal to 400 megawatts or that is
an oil-fired unit, the quantity of pollutants discharged in bottom ash
transport water shall not exceed the quantity determined by multiplying
the flow of the applicable wastewater times the concentration in Sec.
423.12(b)(4).

    Note to (k):  All proposed revisions to Sec.  423.13(k) reflect
proposed Option 4a, only. Under proposed Option 3, Option 3a, and
Option 3b, Sec.  423.13(k) would be revised to specify that the
quantity of pollutants discharged in bottom ash transport water
shall not exceed the quantity determined by multiplying the flow of
the applicable wastewater times the concentration in Sec.
423.12(b)(4).

    (l) The quantity of pollutants discharged in combustion residual
leachate shall not exceed the quantity determined by multiplying the
flow of leachate times the concentration listed in Sec.  423.12(b)(11).
    (m) At the permitting authority's discretion, the quantity of
pollutant allowed to be discharged may be expressed as a concentration
limitation instead of any mass based limitations specified in
paragraphs (b) through (l) of this section. Concentration limitations
shall be those concentrations specified in this section.
    (n) In the event that wastestreams from various sources are
combined for treatment or discharge, the quantity of each pollutant or
pollutant property controlled in paragraphs (a) through (m) of this
section attributable to each controlled waste source shall not exceed
the specified limitation for that waste source.
0
6. Section 423.15 is amended by revising paragraphs (a) and (b) to read
as follows:

Sec.  423.15  New source performance standards (NSPS).

    (a) 1982 New source performance standards. Any new source as of
November 19, 1982, subject to this subpart, must achieve the following
new source performance standards and the revised requirements of Sec.
423.13 of this part, published on [insert date of publication of final
rule]:
    (1) The pH of all discharges, except once through cooling water,
shall be within the range of 6.0-9.0.
    (2) There shall be no discharge of polychlorinated biphenyl
compounds such as those commonly used for transformer fluid.
    (3) The quantity of pollutants discharged from low volume waste
sources shall not exceed the quantity determined by multiplying the
flow of low volume waste sources times the concentration listed in the
following table:

------------------------------------------------------------------------
                                       Pollutant or pollutant property
                                   -------------------------------------
                                                        Average of daily
               NSPS                                      values for 30
                                     Maximum for  any   consecutive days
                                       1 day (mg/l)     shall not exceed
                                                             (mg/l)
------------------------------------------------------------------------
TSS...............................              100.0               30.0
Oil and grease....................               20.0               15.0
------------------------------------------------------------------------

    (4) The quantity of pollutants discharged in chemical metal
cleaning wastes shall not exceed the quantity determined by multiplying
the flow of chemical metal cleaning wastes times the concentration
listed in the following table:

------------------------------------------------------------------------
                                                    NSPS
                                   -------------------------------------
                                                        Average of daily
  Pollutant or pollutant property                        values for 30
                                    Maximum for any 1   consecutive days
                                        day (mg/l)      shall not exceed
                                                             (mg/l)
------------------------------------------------------------------------
TSS...............................              100.0               30.0
Oil and grease....................               20.0               15.0
Copper, total.....................                1.0                1.0
Iron, total.......................                1.0                1.0
------------------------------------------------------------------------

    (5) [Reserved].
    (6) The quantity of pollutants discharged in bottom ash transport
water shall not exceed the quantity determined by multiplying the flow
of the bottom ash transport water times the concentration listed in the
following table:

------------------------------------------------------------------------
                                                    NSPS
                                   -------------------------------------
                                                        Average of daily
  Pollutant or pollutant property                        values for 30
                                    Maximum for  any1   consecutive days
                                       day  (mg/l)      shall not exceed
                                                             (mg/l)
------------------------------------------------------------------------
TSS...............................              100.0               30.0
Oil and grease....................               20.0               15.0
------------------------------------------------------------------------

    (7) There shall be no discharge of wastewater pollutants from fly
ash transport water. Whenever fly ash transport water is used in any
other plant process or is sent to a treatment system at the plant, the
resulting effluent must comply with the discharge prohibition in this
paragraph.
    (8)(i) For any plant with a total rated electric generating
capacity of 25 or more megawatts, the quantity of pollutants discharged
in once through cooling water from each discharge point shall not
exceed the quantity determined by multiplying the flow of once through
cooling water from each discharge point times the concentration listed
in the following table:

------------------------------------------------------------------------
                                                               NSPS
                                                        ----------------
            Pollutant or pollutant property                  Maximum
                                                          concentrations
                                                              (mg/l)
------------------------------------------------------------------------
Total residual chlorine................................             0.20
------------------------------------------------------------------------

    (ii) Total residual chlorine may not be discharged from any single
generating unit for more than two hours per day unless the discharger
demonstrates to the permitting authority that discharge for more than
two hours is required for macroinvertebrate control. Simultaneous
multi-unit chlorination is permitted.
    (9)(i) For any plant with a total rated generating capacity of less
than 25 megawatts, the quantity of pollutants discharged in once
through cooling water shall not exceed the quantity determined by
multiplying the flow of once through cooling water sources times the
concentration listed in the following table:

------------------------------------------------------------------------
                                         Maximum            Average
  Pollutant or pollutant property     concentration      concentration
                                          (mg/l)             (mg/l)
------------------------------------------------------------------------
Free available chlorine...........                0.5                0.2
------------------------------------------------------------------------

    (ii) Neither free available chlorine nor total residual chlorine
may be discharged from any unit for more than two hours in any one day
and not more than one unit in any plant may discharge free available or
total residual chlorine at any one time unless the utility can
demonstrate to the Regional Administrator or State, if the State has
NPDES permit issuing authority, that the units in a particular location
cannot operate at or below this level of chlorination.
    (10)(i) The quantity of pollutants discharged in cooling tower
blowdown shall not exceed the quantity determined by multiplying the
flow of cooling tower blowdown times the concentration listed below:

------------------------------------------------------------------------
                                         Maximum            Average
  Pollutant or pollutant property     concentration      concentration
                                          (mg/l)             (mg/l)
------------------------------------------------------------------------
Free available chlorine...........                0.5                0.2
------------------------------------------------------------------------

------------------------------------------------------------------------
                                                    NSPS
                                   -------------------------------------
                                                        Average of daily
  Pollutant or pollutant property    Maximum for  any    values for 30
                                          1 day         consecutive days
                                      concentration     shall not exceed
                                          (mg/l)             (mg/l)
------------------------------------------------------------------------
The 126 priority pollutants                     (\1\)              (\1\)
 (Appendix A) contained in
 chemicals added for cooling tower
 maintenance, except:.............
Chromium, total...................                0.2                0.2
Zinc, total.......................                1.0                1.0
------------------------------------------------------------------------
\1\ No detectable amount.

    (ii) Neither free available chlorine nor total residual chlorine
may be discharged from any unit for more than two hours in any one day
and not more than one unit in any plant may discharge free available or
total residual chlorine at any one time unless the utility can
demonstrate to the Regional Administrator or State, if the State has
NPDES permit issuing authority, that the units in a particular location
cannot operate at or below this level of chlorination.
    (iii) At the permitting authority's discretion, instead of the
monitoring in 40 CFR 122.11(b), compliance with the limitations for the
126 priority pollutants in paragraph (a)(10)(i) of this section may be
determined by engineering calculations which demonstrate that the
regulated pollutants are not detectable in the final discharge by the
analytical methods in 40 CFR part 136.
    (11) Subject to the provisions of Sec.  423.15(a)(12), the quantity
or quality of pollutants or pollutant parameters discharged in coal
pile runoff shall not exceed the limitations specified below:

------------------------------------------------------------------------
                                                    NSPS
  Pollutant or pollutant property  -------------------------------------
                                                For any time
------------------------------------------------------------------------
TSS...............................  not to exceed 50 mg/l.
------------------------------------------------------------------------

    (12) Any untreated overflow from facilities designed, constructed,
and operated to treat the coal pile runoff which results from a 10
year, 24 hour rainfall event shall not be subject to the limitations in
Sec.  423.15(a)(11).
    (13) At the permitting authority's discretion, the quantity of
pollutant allowed to be discharged may be expressed as a concentration
limitation instead of any mass based limitations specified in
paragraphs (a)(3) through (a)(10) of this section. Concentration limits
shall be based on the concentrations specified in this section.
    (14) In the event that wastestreams from various sources are
combined for treatment or discharge, the quantity of each pollutant or
pollutant property controlled in paragraphs (a)(1) through (a)(13) of
this section attributable to each controlled waste source shall not
exceed the specified limitation for that waste source.

    (The information collection requirements contained in paragraphs
(a)(8)(ii), (a)(9)(ii), and (a)(10)(ii) were approved by the Office
of Management and Budget under control number 2040-0040. The
information collection requirements contained in paragraph
(a)(10)(iii) were approved under control number 2040-0033.)

    (b) 2014 New source performance standards. Any new source as of
[insert date of publication of final rule], subject

to this subpart, must achieve the following new source performance
standards:
    (1) The pH of all discharges, except once through cooling water,
shall be within the range of 6.0-9.0.
    (2) There shall be no discharge of polychlorinated biphenyl
compounds such as those commonly used for transformer fluid.
    (3) The quantity of pollutants discharged from low volume waste
sources shall not exceed the quantity determined by multiplying the
flow of low volume waste sources times the concentration listed in the
following table:

------------------------------------------------------------------------
                                                    NSPS
                                   -------------------------------------
                                                        Average of daily
  Pollutant or pollutant property                        values for 30
                                     Maximum for  any   consecutive days
                                       1 day (mg/l)     shall not exceed
                                                             (mg/l)
------------------------------------------------------------------------
TSS...............................              100.0               30.0
Oil and grease....................               20.0               15.0
------------------------------------------------------------------------

    (4) The quantity of pollutants discharged in chemical metal
cleaning wastes shall not exceed the quantity determined by multiplying
the flow of chemical metal cleaning wastes times the concentration
listed in the following table:

------------------------------------------------------------------------
                                                    NSPS
                                   -------------------------------------
                                                        Average of daily
  Pollutant or pollutant property                        values for 30
                                     Maximum for  any   consecutive days
                                       1 day (mg/l)     shall not exceed
                                                             (mg/l)
------------------------------------------------------------------------
TSS...............................              100.0               30.0
Oil and grease....................               20.0               15.0
Copper, total.....................                1.0                1.0
Iron, total.......................                1.0                1.0
------------------------------------------------------------------------

    (5) The quantity of pollutants discharged in nonchemical metal
cleaning wastes shall not exceed the quantity determined by multiplying
the flow of nonchemical metal cleaning wastes times the concentration
listed in the following table:

------------------------------------------------------------------------
                                                    NSPS
                                   -------------------------------------
                                                        Average of daily
  Pollutant or pollutant property                        values for 30
                                     Maximum for  any   consecutive days
                                       1 day (mg/l)     shall not exceed
                                                             (mg/l)
------------------------------------------------------------------------
TSS...............................              100.0               30.0
Oil and grease....................               20.0               15.0
Copper, total.....................                1.0                1.0
Iron, total.......................                1.0                1.0
------------------------------------------------------------------------

    (6) There shall be no discharge of wastewater pollutants from
bottom ash transport water. Whenever bottom ash transport water is used
in any other plant process or is sent to a treatment system at the
plant, the resulting effluent must comply with the discharge
prohibition in this paragraph.
    (7) There shall be no discharge of wastewater pollutants from fly
ash transport water. Whenever fly ash transport water is used in any
other plant process or is sent to a treatment system at the plant, the
resulting effluent must comply with the discharge prohibition in this
paragraph.
    (8)(i) For any plant with a total rated electric generating
capacity of 25 or more megawatts, the quantity of pollutants discharged
in once through cooling water from each discharge point shall not
exceed the quantity determined by multiplying the flow of once through
cooling water from each discharge point times the concentration listed
in the following table:

------------------------------------------------------------------------
                                                               NSPS
                                                        ----------------
            Pollutant or pollutant property                  Maximum
                                                          concentration
                                                              (mg/l)
------------------------------------------------------------------------
Total residual chlorine................................             0.20
------------------------------------------------------------------------

    (ii) Total residual chlorine may not be discharged from any single
generating

unit for more than two hours per day unless the discharger demonstrates
to the permitting authority that discharge for more than two hours is
required for macroinvertebrate control. Simultaneous multi-unit
chlorination is permitted.
    (9)(i) For any plant with a total rated generating capacity of less
than 25 megawatts, the quantity of pollutants discharged in once
through cooling water shall not exceed the quantity determined by
multiplying the flow of once through cooling water sources times the
concentration listed in the following table:

------------------------------------------------------------------------
                                                    NSPS
                                   -------------------------------------
  Pollutant or pollutant property        Maximum            Average
                                      concentration      concentration
                                          (mg/l)             (mg/l)
------------------------------------------------------------------------
Free available chlorine...........                0.5                0.2
------------------------------------------------------------------------

    (ii) Neither free available chlorine nor total residual chlorine
may be discharged from any unit for more than two hours in any one day
and not more than one unit in any plant may discharge free available or
total residual chlorine at any one time unless the utility can
demonstrate to the Regional Administrator or State, if the State has
NPDES permit issuing authority, that the units in a particular location
cannot operate at or below this level of chlorination.
    (10)(i) The quantity of pollutants discharged in cooling tower
blowdown shall not exceed the quantity determined by multiplying the
flow of cooling tower blowdown times the concentration listed below:

------------------------------------------------------------------------
                                                    NSPS
                                   -------------------------------------
  Pollutant or pollutant property        Maximum            Average
                                      concentration      concentration
                                          (mg/l)             (mg/l)
------------------------------------------------------------------------
Free available chlorine...........                0.5                0.2
------------------------------------------------------------------------

------------------------------------------------------------------------
                                                        Average of daily
                                                         values for 30
  Pollutant or pollutant property    Maximum for  any   consecutive days
                                       1 day (mg/l)     shall not exceed
                                                             (mg/l)
------------------------------------------------------------------------
The 126 priority pollutants                     (\1\)              (\1\)
 (Appendix A) contained in
 chemicals added for cooling tower
 maintenance, except:.............
Chromium, total...................                0.2                0.2
Zinc, total.......................                1.0                1.0
------------------------------------------------------------------------
\1\ No detectable amount.

    (ii) Neither free available chlorine nor total residual chlorine
may be discharged from any unit for more than two hours in any one day
and not more than one unit in any plant may discharge free available or
total residual chlorine at any one time unless the utility can
demonstrate to the Regional Administrator or State, if the State has
NPDES permit issuing authority, that the units in a particular location
cannot operate at or below this level of chlorination.
    (iii) At the permitting authority's discretion, instead of the
monitoring in 40 CFR 122.11(b), compliance with the limitations for the
126 priority pollutants in paragraph (b)(10)(i) of this section may be
determined by engineering calculations which demonstrate that the
regulated pollutants are not detectable in the final discharge by the
analytical methods in 40 CFR part 136.
    (11) Subject to the provisions of Sec.  423.15(b)(12), the quantity
or quality of pollutants or pollutant parameters discharged in coal
pile runoff shall not exceed the limitations specified below:

------------------------------------------------------------------------
                                                    NSPS
  Pollutant or pollutant property  -------------------------------------
                                                For any time
------------------------------------------------------------------------
TSS...............................  not to exceed 50 mg/l.
------------------------------------------------------------------------

    (12) Any untreated overflow from facilities designed, constructed,
and operated to treat the coal pile runoff which results from a 10
year, 24 hour rainfall event shall not be subject to the limitations in
Sec.  423.15(b)(11).
    (13)(i) The quantity of pollutants discharged in FGD wastewater
shall not exceed the quantity determined by multiplying the flow of FGD
wastewater times the concentration listed in the following table:

------------------------------------------------------------------------
                                                   NSPS
                                 ---------------------------------------
                                                       Average of daily
 Pollutant or pollutant property   Maximum for any1      values for 30
                                      day (mg/l)       consecutive days
                                                       shall not exceed
------------------------------------------------------------------------
Arsenic, total (ug/L)...........                8                   6

Mercury, total (ng/L)...........              242                 119
Selenium, tota (ug/L)...........               16                  10
Nitrate/nitrite as N (mg/L).....                0.17                0.13
------------------------------------------------------------------------

    (ii) A discharger must demonstrate compliance with the standards in
paragraph (b)(13)(i) of this section, as applicable, by monitoring for
all pollutants (except pH) at a point prior to use of the FGD
wastewater in any other plant process or commingling of the FGD
wastewater with any water or other process wastewater, except for any
combustion residual leachate or any other FGD wastewater. Compliance
with the standards must reflect results obtained from sufficiently
sensitive analytical methods.
    (14) There shall be no discharge of wastewater pollutants from flue
gas mercury control wastewater. Whenever flue gas mercury control
wastewater is used in any other plant process or is sent to a treatment
system at the plant, the resulting effluent must comply with the
discharge prohibition in this paragraph.
    (15)(i) The quantity of pollutants discharged in gasification
wastewater shall not exceed the quantity determined by multiplying the
flow of gasification wastewater times the concentration listed in the
following table:

------------------------------------------------------------------------
                                                   NSPS
                                 ---------------------------------------
                                                       Average ff daily
 Pollutant or pollutant property   Maximum for any 1     values for 30
                                          day          consecutive days
                                                       shall not exceed
------------------------------------------------------------------------
Arsenic, total (ug/L)...........                4               (\1\)
Mercury, total (ng/L)...........                1.76                1.29
Selenium, total (ug/L)..........              453                 227
Total dissolved solids (mg/L)...               38                  22
------------------------------------------------------------------------
\1\ This regulation does not specify this type of limitation for this
  pollutant; however, permitting authorities may do so as appropriate.

    (ii) A discharger must demonstrate compliance with the standards in
paragraph (b)(15)(i) of this section, as applicable, by monitoring for
all pollutants (except pH) prior to use of the gasification wastewater
in any other plant process or commingling of the gasification
wastewater with any water or other process wastewater. Compliance with
the standards must reflect results obtained from sufficiently sensitive
analytical methods.
    (16)(i) The quantity of pollutants discharged in combustion
residual leachate shall not exceed the quantity determined by
multiplying the flow of combustion residual leachate times the
concentration listed in the following table:

------------------------------------------------------------------------
                                                    NSPS
                                   -------------------------------------
                                                        Average of daily
  Pollutant or pollutant property   Maximum for any 1    values for 30
                                           day          consecutive days
                                                        shall not exceed
------------------------------------------------------------------------
Arsenic, total (ug/L).............                  8                  6
Mercury, total (ng/L).............                242                119
------------------------------------------------------------------------

    (ii) A discharger must demonstrate compliance with the standards in
paragraph (b)(16)(i) of this section, as applicable, by monitoring for
all pollutants (except pH) at a point prior to use of the combustion
residual leachate in any other plant process or commingling of the
combustion residual leachate with any water or other process
wastewater, except for any FGD wastewater or any other combustion
residual leachate. Compliance with the effluent limitations must
reflect results obtained from sufficiently sensitive analytical
methods.
    (17) At the permitting authority's discretion, the quantity of
pollutant allowed to be discharged may be expressed as a concentration
limitation instead of any mass based limitations specified in
paragraphs (b)(3) through (b)(16) of this section. Concentration limits
shall be based on the concentrations specified in this section.
    (18) In the event that wastestreams from various sources are
combined for treatment or discharge, the quantity of each pollutant or
pollutant property controlled in paragraphs (b)(1) through (b)(16) of
this section attributable to each controlled waste source shall not
exceed the specified limitation for that waste source.
0
7. Section 423.16 is amended by adding paragraphs (c) and (e) through
(i) to read as follows:

Sec.  423.16  Pretreatment standards for existing sources (PSES).

* * * * *
    (c) Except for those discharges of nonchemical metal cleaning waste
that are currently authorized without meeting standards for copper, the
pollutants discharged in nonchemical metal cleaning wastes shall not
exceed

the concentration listed in the following table:

------------------------------------------------------------------------
                                                               PSES
                                                           pretreatment
                                                            standards
            Pollutant or pollutant property             ----------------
                                                          Maximum  for 1
                                                           day  (mg/l)
------------------------------------------------------------------------
Copper, total..........................................              1.0
------------------------------------------------------------------------

* * * * *
    (e)(1) For any electric generating unit with a total nameplate
generating capacity of more than 50 megawatts and that is not an oil-
fired unit, dischargers must meet the standards in this paragraph by a
date determined by the control authority that is as soon as possible
beginning July 1, 2017. These standards apply to pollutants in FGD
wastewater generated on or after a date determined by the control
authority that is as soon as possible beginning July 1, 2017. Such
effluent limitations shall not allow the quantity of pollutants in FGD
wastewater to exceed the quantity determined by multiplying the flow of
FGD wastewater times the concentration listed in the following table:

------------------------------------------------------------------------
                                                   PSES
                                 ---------------------------------------
                                                       Average of daily
 Pollutant or pollutant property   Maximum for any 1     values for 30
                                          day          consecutive days
                                                       shall not exceed
------------------------------------------------------------------------
Arsenic, total (ug/L)...........                8                   6
Mercury, total (ng/L)...........              242                 119
Selenium, total (ug/L)..........               16                  10
Nitrate/nitrite as N (mg/L).....                0.17                0.13
------------------------------------------------------------------------

    (2) A discharger must demonstrate compliance with the standards in
paragraph (e)(1) of this section, as applicable, by monitoring for all
pollutants (except pH) at a point prior to use of the FGD wastewater in
any other plant process or commingling of the FGD wastewater with any
water or other process wastewater, except for any combustion residual
leachate or FGD wastewater. Compliance with the effluent limitations
must reflect results obtained from sufficiently sensitive analytical
methods.

    Note to (e): All proposed revisions to section 423.16(e) reflect
proposed Option 4a, Option 3, and Option 3b (for units located a
facilities with a total wet-scrubbed capacity of 2,000 MW or more),
only. Under proposed Option 3a and Option 3b (for units located at
facilities with a total wet-scrubbed capacity of less than 2,000
MW), POTWS would need to develop local limits to address the
introduction of pollutants found in FGD wastewater by steam electric
plants to the POTWs that cause pass through or interference, as
specified in 40 CFR 403.5(c)(2).

    (f) For any electric generating unit with a total nameplate
generating capacity of more than 50 megawatts and that is not an oil-
fired unit, there shall be no discharge of wastewater pollutants from
fly ash transport water generated on or after a date determined by the
control authority that is as soon as possible beginning July 1, 2017.
Whenever fly ash transport water is used in any other plant process or
is sent to a treatment system at the plant, the resulting effluent must
comply with the discharge prohibition in this paragraph.
    (g) For any electric generating unit with a total nameplate
generating capacity of more than 400 megawatts and that is not an oil-
fired unit, there shall be no discharge of wastewater pollutants from
bottom ash transport water generated on or after a date determined by
the control authority that is as soon as possible beginning July 1,
2017. Whenever bottom ash transport water is used in any other plant
process or is sent to a treatment system at the plant, the resulting
effluent must comply with the discharge prohibition in this paragraph.

    Note to (g): All proposed revisions to section 423.16(g) reflect
proposed Option 4a, only. For proposed Option 3, Option 3a, and
Option 3b, the regulations would not specify a PSES for bottom ash
transport water.

    (h) For any electric generating unit with a total nameplate
generating capacity of more than 50 megawatts and that is not an oil-
fired unit, there shall be no discharge of wastewater pollutants from
flue gas mercury control wastewater generated on or after a date
determined by the control authority that is as soon as possible
beginning July 1, 2017. Whenever flue gas mercury control wastewater is
used in any other plant process or is sent to a treatment system at the
plant, the resulting effluent must comply with the discharge
prohibition in this paragraph.
    (i)(1) For any electric generating unit with a total nameplate
generating capacity of more than 50 megawatts and that is not an oil-
fired unit, dischargers must meet the standards in this paragraph by a
date determined by the control authority that is as soon as possible
beginning July 1, 2017. These standards apply to pollutants in
gasification wastewater generated on or after a date determined by the
control authority that is as soon as possible beginning July 1, 2017.
Such effluent limitations shall not allow the quantity of pollutants in
gasification wastewater to exceed the quantity determined by
multiplying the flow of gasification wastewater times the concentration
listed in the following table:

------------------------------------------------------------------------
                                                   PSES
                                 ---------------------------------------
                                                       Average of daily
 Pollutant or pollutant property   Maximum for any 1     values for 30
                                          day          consecutive days
                                                       shall not exceed
------------------------------------------------------------------------
Arsenic, total (ug/L)...........                4               (\1\)
Mercury, total (ng/L)...........                1.76                1.29
Selenium, total (ug/L)..........              453                 227
Total dissolved solids (mg/L)...               38                  22
------------------------------------------------------------------------
\1\ This regulation does not specify this type of limitation for this
  pollutant; however, permitting authorities may do so as appropriate.

    (2) A discharger must demonstrate compliance with the standards in
paragraph (i)(1) of this section, as applicable, by monitoring for all
pollutants (except pH) at a point prior to use of the gasification
wastewater in any other plant process or commingling of the
gasification wastewater with any water or other process wastewater.
Compliance with the standards must reflect results obtained from
sufficiently sensitive analytical methods.
0
8. Section 423.17 is amended by revising paragraphs (a) and (b) to read
as follows:

Sec.  423.17  Pretreatment standards for new sources (PSNS).

    (a) 1982 Pretreatment standards for new sources. Except as provided
in 40 CFR 403.7, any new source as of November 19, 1982, subject to
this subpart, which introduces pollutants into a publicly owned
treatment works must comply with 40 CFR part 403 and the following
pretreatment standards for new sources (PSNS), and the revised
requirements of Sec.  423.16 of this part, published on [insert date of
publication of final rule]:
    (1) There shall be no discharge of polychlorinated biphenyl
compounds such as those used for transformer fluid.
    (2) The pollutants discharged in chemical metal cleaning wastes
shall not exceed the concentration listed in the following table:

------------------------------------------------------------------------
                                                               PSNS
                                                        ----------------
            Pollutant or pollutant property              Maximum for any
                                                              1 day
------------------------------------------------------------------------
Copper, total..........................................              1.0
------------------------------------------------------------------------

    (3) [Reserved].
    (4)(i) The pollutants discharged in cooling tower blowdown shall
not exceed the concentration listed in the following table:

------------------------------------------------------------------------
                                                               PSNS
                                                        ----------------
            Pollutant or pollutant property              Maximum for any
                                                           time (mg/l)
------------------------------------------------------------------------
The 126 priority pollutants (Appendix A) contained in              (\1\)
 chemicals added for cooling tower maintenance, except:
Chromium, total........................................              0.2
Zinc, total............................................              1.0
------------------------------------------------------------------------
\1\ No detectable amount.

    (ii) At the permitting authority's discretion, instead of the
monitoring in 40 CFR 122.11(b), compliance with the limitations for the
126 priority pollutants in paragraph (a)(4)(i) of this section may be
determined by engineering calculations which demonstrate that the
regulated pollutants are not detectable in the final discharge by the
analytical methods in 40 CFR part 136.
    (5) There shall be no discharge of wastewater pollutants from fly
ash transport water. Whenever fly ash transport water is used in any
other plant process or is sent to a treatment system at the plant, the
resulting effluent must comply with the discharge prohibition in this
paragraph.
    (b) 2014 Pretreatment standards for new sources. Except as provided
in 40 CFR 403.7, any new source as of [insert date of publication of
final rule], subject to this subpart, which introduces pollutants into
a publicly owned treatment works must comply with 40 CFR part 403 and
the following pretreatment standards for new sources (PSNS):
    (1) There shall be no discharge of polychlorinated biphenyl
compounds such as those used for transformer fluid.
    (2) The pollutants discharged in chemical metal cleaning wastes
shall not exceed the concentration listed in the following table:

------------------------------------------------------------------------
                                                               PSNS
                                                        ----------------
            Pollutant or pollutant property               Maximum for 1
                                                           day  (mg/l)
------------------------------------------------------------------------
Copper, total..........................................              1.0
------------------------------------------------------------------------

    (3) The pollutants discharged in nonchemical metal cleaning wastes
shall not exceed the concentration listed in the following table:

------------------------------------------------------------------------
                                                               PSNS
                                                        ----------------
            Pollutant or pollutant property               Maximum for 1
                                                           day  (mg/l)
------------------------------------------------------------------------
Copper, total..........................................              1.0
------------------------------------------------------------------------

    (4)(i) The pollutants discharged in cooling tower blowdown shall
not exceed the concentration listed in the following table:

------------------------------------------------------------------------
                                                               PSNS
                                                        ----------------
            Pollutant or pollutant property              Maximum for any
                                                           time (mg/l)
------------------------------------------------------------------------
The 126 priority pollutants (Appendix A) contained in              (\1\)
 chemicals added for cooling tower maintenance, except:
Chromium, total........................................              0.2
Zinc, total............................................              1.0
------------------------------------------------------------------------
\1\ No detectable amount.

    (ii) At the permitting authority's discretion, instead of the
monitoring in 40 CFR 122.11(b), compliance with the limitations for the
126 priority pollutants in paragraph (b)(4)(i) of this section may be
determined by engineering calculations which demonstrate that the
regulated pollutants are not detectable in the final discharge by the
analytical methods in 40 CFR part 136.
    (5) There shall be no discharge of wastewater pollutants from fly
ash transport water. Whenever fly ash transport water is used in any
other plant process or is sent to a treatment system at the plant, the
resulting effluent must comply with the discharge prohibition in this
paragraph.
    (6)(i) The quantity of pollutants discharged in FGD wastewater
shall not exceed the quantity determined by multiplying the flow of FGD
wastewater times the concentration listed in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                PSNS
                                                                                ---------------------------------
                                                                                Average
                                                                                daily
                                                                  Pollutant or                          values for
                                                               pollutant property  Maximum for  any 1       30
                                                                                day         consecutive
                                                                                days  shall
                                                                                not exceed
----------------------------------------------------------------------------------------------------- -------------
Arsenic, total (ug/L)........................................                8                   6
Mercury, total (ng/L)........................................              242                 119
Selenium, total (ug/L).......................................               16                  10
Nitrate/nitrite as N (mg/L)..................................                0.17                0.13
----------------------------------------------------------------------------------------------------------------

    (ii) A discharger must demonstrate compliance with the standards in
paragraph (b)(6)(i) of this section, as applicable, by monitoring for
all pollutants (except pH) at a point prior to use of the FGD
wastewater in any other plant process or commingling of the FGD
wastewater with any water or other process wastewater, except for any
combustion residual leachate or any other FGD wastewater. Compliance
with the standards must reflect results obtained from sufficiently
sensitive analytical methods.
    (7) There shall be no discharge of wastewater pollutants from flue
gas mercury control wastewater. Whenever flue gas mercury control
wastewater is used in any other plant process or is sent to a treatment
system at the plant, the resulting effluent must comply with the
discharge prohibition in this paragraph.
    (8) There shall be no discharge of wastewater pollutants from
bottom ash transport water. Whenever bottom ash transport water is used
in any other plant process or is sent to a treatment system at the
plant, the resulting effluent must comply with the discharge
prohibition in this paragraph.
    (9)(i) The quantity of pollutants discharged in gasification
wastewater shall not exceed the quantity determined by multiplying the
flow of gasification wastewater times the concentration listed in the
following table:

----------------------------------------------------------------------------------------------------------------
                                                                                PSNS
                                                                                ---------------------------------
                                                                                Average
                                                                                daily
                                                                  Pollutant or                          values for
                                                               pollutant property  Maximum for  any 1       30
                                                                                day         consecutive
                                                                                days  shall
                                                                                not exceed
----------------------------------------------------------------------------------------------------- -------------
Arsenic, total (ug/L)........................................                4               (\1\)
Mercury, total (ng/L)........................................                1.76                1.29
Selenium, total (ug/L).......................................              453                 227
Total dissolved solids (mg/L)................................               38                  22
----------------------------------------------------------------------------------------------------------------
\1\ This regulation does not specify this type of limitation for this pollutant; however, permitting authorities
  may do so as appropriate.

    (ii) A discharger must demonstrate compliance with the standards in
paragraph (b)(9)(i) of this section, as applicable, by monitoring for
all pollutants (except pH) at a point prior to use of the gasification
wastewater in any other plant process or commingling of the
gasification wastewater with any water or other process wastewater.
Compliance with the standards must reflect results obtained from
sufficiently sensitive analytical methods.
    (10)(i) The quantity of pollutants discharged in combustion
residual leachate shall not exceed the quantity determined by
multiplying the flow of combustion residual leachate times the
concentration listed in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                PSNS
                                                                                --------------------------------
                                                                                Average
                                                                    Pollutant or                          daily
                                                                     pollutant                          values for
                                                                      property       Maximum for  any       30
                                                                                1 day        consecutive
                                                                                days  shall
                                                                                not exceed
----------------------------------------------------------------------------------------------------- -------------
Arsenic, total (ug/L)..........................................                  8                  6
Mercury, total (ng/L)..........................................                242                119
----------------------------------------------------------------------------------------------------------------

    (ii) A discharger must demonstrate compliance with the standards in
paragraph (b)(10)(i) of this section, as applicable, by monitoring for
all pollutants (except pH) at a point prior to use of the combustion
residual leachate in any other plant process or commingling of the
combustion residual leachate with any water or other process
wastewater, except for any FGD wastewater or any other combustion
residual leachate. Compliance with the effluent limitations must
reflect results obtained from sufficiently sensitive analytical
methods.
* * * * *
[FR Doc. 2013-10191 Filed 6-6-13; 8:45 am]
BILLING CODE 6560-50-P