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jbell on DSKJLSW7X2PROD with PROPOSALS

Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Proposed Rules When hailed or signaled by an official patrol, a vessel or person in the regulated area shall immediately comply with the directions given by the patrol. Failure to do so may result in the Coast Guard expelling the person or vessel from the area, issuing a citation for failure to comply, or both. The COTP
Maryland-National Capital Region or Event PATCOM may terminate the event, or a participants operations at any time the COTP Maryland-National Capital Region or Event PATCOM
believes it necessary to do so for the protection of life or property.
2 Except for participants and vessels already at berth, a person or vessel within the regulated area at the start of enforcement of this section must immediately depart the regulated area.
3 A spectator must contact the Event PATCOM to request permission to either enter or pass through the regulated area. The Event PATCOM, and official patrol vessels enforcing this regulated area, can be contacted on marine band radio VHFFM channel 16
156.8 MHz and channel 22A 157.1
MHz. If permission is granted, the spectator must enter the designated Spectator Area or pass directly through the regulated area as instructed by Event PATCOM. A vessel within the regulated area must operate at safe speed that minimizes wake. A spectator vessel must not loiter within the navigable channel while within the regulated area.
4 Only participant vessels and official patrol vessels are allowed to enter the buffer area or race area.
5 A person or vessel that desires to transit, moor, or anchor within the regulated area must obtain authorization from the COTP Maryland-National Capital Region or Event PATCOM. A
person or vessel seeking such permission can contact the COTP
Maryland-National Capital Region at telephone number 4105762693 or on Marine Band Radio, VHFFM channel 16 156.8 MHz or the Event PATCOM
on Marine Band Radio, VHFFM
channel 16 156.8 MHz.
6 The Coast Guard will publish a notice in the Fifth Coast Guard District Local Notice to Mariners and issue a marine information broadcast on VHF
FM marine band radio announcing specific event dates and times.
d Enforcement officials. The Coast Guard may be assisted with marine event patrol and enforcement of the regulated area by other federal, state, and local agencies.
e Enforcement period. This section will be enforced from 9 a.m. to 6 p.m.
on October 9, 2021, and, from 9 a.m. to 6 p.m. on October 10, 2021.

VerDate Sep<11>2014

16:59 Aug 02, 2021

Jkt 253001

Dated: July 28, 2021.
David E. OConnell, Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region.
FR Doc. 202116478 Filed 8221; 8:45 am BILLING CODE 911004P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 423
FRL 879404OW

Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category.
Environmental Protection Agency EPA.
ACTION: Notice of rulemaking initiative.
AGENCY:

In accordance with President Bidens Executive Order 13990, Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis January 25, 2021, the U.S. Environmental Protection Agency EPA announces its decision to undertake a rulemaking that will propose to revise the Steam Electric Power Generating Effluent Limitations Guidelines and Standards. As part of the rulemaking process, EPA will determine whether more stringent limitations and standards are appropriate and consistent with the technology-forcing statutory scheme and the goals of the Clean Water Act. EPA intends to sign the notice of proposed rulemaking for public comment in the Fall of 2022.
DATES: August 3, 2021.
ADDRESSES: U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460;
FOR FURTHER INFORMATION CONTACT:
Richard Benware, Engineering and Analysis Division, Office of Water, 4303T, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; telephone number: 202 5661369, 1200; email address: benware.richard@epa.gov.
SUPPLEMENTARY INFORMATION: Among its core provisions, the Clean Water Act CWA prohibits the discharge of pollutants from a point source to waters of the U.S., except as authorized under the CWA. Under section 402 of the CWA, 33 U.S.C. 1342, discharges may be authorized through a National Pollutant Discharge Elimination System NPDES permit. The CWA establishes a dual approach for these permits: 1
Technology-based controls that establish a floor of performance for all dischargers, and 2 water quality-based SUMMARY:

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effluent limitations, where the technology-based effluent limitations are insufficient to meet applicable water quality standards WQS. As the basis for the technology-based controls, the CWA authorizes EPA to establish national technology-based effluent limitations guidelines ELGs and new source performance standards NSPS
for discharges into waters of the United States from categories of point sources such as industrial, commercial, and public sources. For discharges to publicly owned treatment works POTWs, sections 301, 306 and 307 of the CWA call for establishment of pretreatment standards, which are analogous to effluent limitations, which directly apply to new and existing sources.
Clean Water Act section 301b2A
requires that, by March 31, 1989, existing discharges of toxic and nonconventional pollutants must be limited based on best available technology economically achievable . . . which will result in reasonable further progress toward the national goal of eliminating the discharge of all pollutants, as determined in accordance with regulations issued . . . pursuant to section 304b2 of the Act.
Furthermore, such limitations shall require the elimination of discharges of all pollutants if the Administrator finds . . . that such elimination is technologically and economically achievable for the industry, as determined in accordance with regulations issued . . . pursuant to section 304b2. Section 304b2
provides that factors relating to the assessment of best available technology shall take into account the age of equipment and facilities involved, the process employed, the engineering aspect of the application of various types of control techniques, process changes, the cost of achieving such effluent reduction, non-water quality environmental impact including energy requirements, and such other factors as the Administrator deems appropriate.
The Agency is afforded considerable discretion in how to weigh these factors in making the ultimate decision as to what constitutes best available technology economically Achievable.
See, e.g., Weyerhaeuser Co. v. Costle, 590 F.2d 1011, 1045 DC Cir. 1978.
In September 2015, EPA finalized a rule revising the regulations for the Steam Electric Power Generating point source category 80 FR 67838 Nov. 3, 2015. This 2015 rule set limits on the levels of toxic metals in wastewater that can be discharged from power plants.
Subsequent to the promulgation of the 2015 rule, the Agency received two
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