ENCLOSURE I 

Consultation Plan 

Background 

The U.S. Environmental Protection Agency is currently engaged in a rulemaking process 

to revise the effluent limitations guidelines and standards (ELGs) for the steam electric power 

generating point source category. The steam electric power generating ELGs are nationally 

applicable, technology-based discharge requirements. These ELGs are used to determine the 

effluent limits incorporated into NPDES discharge permits, and in control mechanisms for 

discharges to publicly owned treatment works (POTWS). 

The Steam Electric Power Generating ELGs apply to a subset of the electric power 

industry, namely those plants “primarily engaged in the generation of electricity for distribution 

and sale which results primarily from a process utilizing fossil-type fuel (coal, oil, gas) or 

nuclear fuel in conjunction with a thermal cycle employing the steam-water system as the 

thermodynamic medium.” (See 40 CFR 423.10) EPA’s most recent update to the effluent 

guidelines for this industry sector was promulgated in 1982. 

Wastewater discharges from power plants have been identified as the source for a number 

of environmental impacts to ground water and surface water, including contaminated drinking 

water and other effects. The main pollutants of concern for these discharges include metals (e.g., 

mercury, arsenic, selenium), nitrogen, and total dissolved solids (TDS). The environmental 

concerns include impacts to ground water and surface water, contaminated sediments and 

drinking water, fish mortality & non-lethal effects (e.g., altered populations), bioaccumulation in 

aquatic organisms, fish advisories, and risks to human health. EPA’s analysis of the wastewater 

discharges associated with steam electric power generating led the Agency to announce, in 

September 2009, the start of a rulemaking process. 

Although the rulemaking may address aspects of the regulation that apply to all 

fossil/nuclear units covered by the existing effluent guidelines, the focus of the rulemaking is on 

discharges associated with flue gas desulfurization (FGD) wastes from SO2 air pollution 

controls, coal ash pond discharges, leachate from ash ponds and landfills containing coal 

combustion residues, coal gasification wastewater, and flue gas mercury control wastes. A 

description of these wastestreams and the pollution controls being considered are included in 

Enclosure B: 

Potential Impacts to Tribes 

EPA has identified fifteen plants located on or near tribal lands that discharge one or 

more wastestreams that EPA may address in the effluent guidelines rulemaking. The 

wastestreams that have been identified as present at these facilities include FGD wastewater, fly 

ash and bottom ash transport water, or leachate from landfills or ponds containing coal 
ENCLOSURE I 

combustion residuals. Table 1 lists these fifteen power plants, six of which are located on tribal 

lands and the other nine plants located within ten miles of tribal lands. 

This consultation process will help EPA identify potential impacts that this rulemaking 

may have on tribes. Enclosure II outlines several topics of interest that will assist EPA in the 

analyses of impacts at tribal lands. For example, how would improvements in water quality 

affect tribes (e.g., changes in fish consumption or quality, increased water recreation, etc.). In 

addition, how may implementation of the new water pollution controls affect employment of 

tribal members (e.g., result in job losses or create new jobs at plants). 

 
ENCLOSURE I 

Table 1: Steam Electric Power Plants within Tribal Lands Proximity that may be Affected 

by Rulemaking 

Facilities on Tribal Lands 

Facility Name Tribal Land Type of Discharge 

J.E. Corette Crow Reservation Bottom Ash 

Four Corners Steam Electric 

Station Navajo Nation Reservation Fly Ash/Bottom Ash 

Hugo Plant Choctaw OTSA Bottom Ash 

Flint Creek Power Plant Cherokee OTSA Bottom Ash/Leachate 

Muskogee Generating 

Station Cherokee OTSA Bottom Ash 

Mayo Electric Generating 

Plant Sappony SDTSA Bottom Ash/FGD 

Facilities within 10 miles of Tribal Lands 

Facility Name Tribal Land Type of Discharge 

George Neal North Winnebago Reservation Fly Ash/Bottom Ash/Leachate 

Boswell Energy Center Leech Lake Reservation Bottom Ash 

Valley Power Plant Forest County Potawatomi OffReservation Trust Land Bottom Ash 

Presque Isle Power Plant Sault Sainte Marie OffReservation Trust Land Bottom Ash/Leachate 

San Juan Generation Plant 

Station 

Navajo Nation Off-Reservation 

Trust Land FGD 

Lansing Generating Station Ho-Chunk Nation Off-Reservation 

Trust Land Fly Ash/Bottom Ash 

Brame Energy Center Clifton Choctaw SDTSA Bottom Ash 

Roxboro Steam Plant Sappony SDTSA Bottom Ash/FGD/Leachate 

C R Huntley Generating 

Station Cayuga Nation TDSA Bottom Ash/Leachate 
ENCLOSURE I 

Opportunities for Tribes to Participate 

In August 2011, EPA conducted outreach conference calls with tribal groups to share 

information about the potential revisions to the steam electric power generating effluent 

guidelines. EPA held two conference calls, one with the National Tribal Caucus and another with 

the National Tribal Water Council, on August 9 and August 10, 2011, respectively. The 

conference call announced by this letter will provide tribes another opportunity to learn more 

about the rulemaking process and objectives, and is intended to stimulate a dialogue on specific 

ways that the rulemaking may affect tribes. 

The tribal consultation and coordination process and timeline are identified in Table 2 

below. 

Tribes may also participate in public review and comment process that will take place 

when EPA publishes proposed revisions to the effluent guidelines. As well, tribes may access 

this letter and related consultation information on the following website: 

http://water.epa.gov/scitech/wastetech/guide/steam_index.cfm. 

The combined goal for all these efforts is to ensure that there is sufficient information for 

tribal officials to make informed decisions about the desire to continue with consultation and to 

understand how to provide informed input. 

 
ENCLOSURE I 

Table 2: Tribal Consultation Coordination Process and Timeline

Date Event Contact Information 

August 9, 2011 

(COMPLETED) 

National Tribal Caucus 

Outreach Conference Call 

August 10, 2011 

(COMPLETED) 

National Tribal Water 

Council Outreach 

Conference Call 

March 28, 2012 

1:00 pm EST 

Tribal Consultation - 

Steam Electric Effluent 

Limitations Guidelines 

Proposed Rulemaking 

Conference Call Information: 

• Phone No: 1-866-299-3188 

• Conference Code: 2025661755# 

EPA Contact: Jezebele Alicea 

• E-mail:alicea.jezebele@epa.gov 

• Phone No: 202-566-1755 

April 17, 2012 Consultation comments 

due to EPA