Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Proposed Rules 41801 

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 participant’s 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 VHF–FM 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 410–576–2693 or on 

Marine Band Radio, VHF–FM channel 

16 (156.8 MHz) or the Event PATCOM 

on Marine Band Radio, VHF–FM 

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. 

Dated: July 28, 2021. 

David E. O’Connell, 

Captain, U.S. Coast Guard, Captain of the 

Port Maryland-National Capital Region. 

[FR Doc. 2021–16478 Filed 8–2–21; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 423 

[FRL 8794–04–OW] 

Effluent Limitations Guidelines and 

Standards for the Steam Electric 

Power Generating Point Source 

Category. 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of rulemaking initiative. 

SUMMARY: In accordance with President 

Biden’s 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) 566–1369, 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 

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 301(b)(2)(A) 

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 304(b)(2) 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 304(b)(2).’’ Section 304(b)(2) 

provides that ‘‘[f]actors 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 


jbell on DSKJLSW7X2PROD with PROPOSALS
41802 Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Proposed Rules 

petitions for administrative 

reconsideration. In response, EPA 

agreed to reconsider the Effluent 

Guidelines for two wastestreams (flue 

gas desulfurization and bottom ash 

transport water) and the Steam Electric 

Reconsideration Rule was published in 

October 2020. 

On January 20, 2021, President Biden 

signed Executive Order 13990 directing 

federal agencies to review rules issued 

in the prior four years that are, or may 

be, inconsistent with the policy stated 

in the Order. 86 FR 7037. The Order 

provides that ‘‘[i]t is, therefore, the 

policy of my Administration to listen to 

the science; to improve public health 

and protect our environment; to ensure 

access to clean air and water; to limit 

exposure to dangerous chemicals and 

pesticides; to hold polluters 

accountable, including those who 

disproportionately harm communities of 

color and low-income communities; to 

reduce greenhouse gas emissions; to 

bolster resilience to the impacts of 

climate change; to restore and expand 

our national treasures and monuments; 

and to prioritize both environmental 

justice and the creation of the wellpaying union jobs necessary to deliver 

on these goals.’’ Id. at 7037, Section 1. 

The Order ‘‘directs all executive 

departments and agencies (agencies) to 

immediately review and, as appropriate 

and consistent with applicable law, take 

action to address the promulgation of 

Federal regulations and other actions 

during the last 4 years that conflict with 

these important national objectives, and 

to immediately commence work to 

confront the climate crisis.’’ Id. ‘‘For any 

such actions identified by the agencies, 

the heads of agencies shall, as 

appropriate and consistent with 

applicable law, consider suspending, 

revising, or rescinding the agency 

actions.’’ Id. at 7037, Section 2(a). The 

2020 Steam Electric Reconsideration 

Rule was identified for review under the 

Executive Order. See Fact Sheet: List of 

Agency Actions for Review, available at 

https://www.whitehouse.gov/briefingroom/statements-releases/2021/01/20/ 

fact-sheet-list-of-agency-actions-forreview/ (last visited on April 26, 2021). 

EPA has completed its review of the 

2020 Steam Electric Reconsideration 

Rule under Executive Order 13990 and 

has decided to initiate a notice-andcomment rulemaking in which the 

Agency will determine whether more 

stringent limitations and standards are 

appropriate consistent with the 

technology-forcing statutory scheme and 

the goals of the Clean Water Act. 

EPA’s review found that much of the 

2015 steam electric rule remains in 

place—leading to better control of water 

pollution from power plants than 

required by the previously applicable 

rules. The 2015 rule also had the effect 

of reducing the cost of controls (e.g., 

biological treatment systems and 

membrane treatment systems), which 

are now being utilized by the power 

sector. While the Agency undertakes 

this new rulemaking, facilities will 

continue to be subject to the 

requirements of the 2015 Rule, as 

amended by the 2020 Rule, which are 

currently effective. As a result, the 

pollutant reductions accomplished by 

the existing Rules will occur while the 

Agency engages in rulemaking to 

consider more stringent requirements. 

EPA’s review under Executive Order 

13990 also found that membrane 

treatment systems continue to rapidly 

advance as an effective option for 

treating a wide variety of industrial 

wastewater. EPA expects this 

technology to continue to advance, and 

EPA will evaluate whether this 

technology should serve as the basis for 

the ‘‘best available technology 

economically achievable’’ under the 

Clean Water Act to control discharges of 

pollutants found in flue gas 

desulfurization wastewater discharges 

as part of the new rulemaking, in 

addition to considering whether 

revisions to the 2020 Rule’s 

requirements applicable to bottom ash 

transport water and the three 

subcategories, which are afforded less 

stringent limits than those otherwise 

applicable under the Rule, may be 

warranted. 

EPA expects permitting authorities to 

continue to implement the current 

regulations while the Agency 

undertakes a new rulemaking. EPA will 

determine whether more stringent 

limitations than those in the 2020 Rule 

appropriately reflect ‘‘best available 

technology economically achievable.’’ 

EPA will undertake this rulemaking in 

accordance with the requirements 

specified in the Administrative 

Procedures Act and the Clean Water 

Act, as required by law. 

Radhika Fox, 

Assistant Administrator. 

[FR Doc. 2021–16354 Filed 7–30–21; 4:15 pm] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 705 

[EPA–HQ–OPPT–2020–0549; FRL–7902–03– 

OCSPP] 

RIN 2070–AK67 

TSCA Section 8(a)(7) Reporting and 

Recordkeeping Requirements for 

Perfluoroalkyl and Polyfluoroalkyl 

Substances; Extension of Comment 

Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: EPA issued a proposed rule in 

the Federal Register of June 28, 2021, 

concerning reporting and recordkeeping 

requirements for Per- and 

Polyfluoroalkyl Substances (PFAS) 

under the Toxic Substances Control Act 

(TSCA). This document extends the 

comment period for 31 days, from 

August 27, 2021 to September 27, 2021. 

An extension of the comment period 

was requested by some stakeholders to 

allow interested parties additional time 

to thoroughly review and analyze the 

proposed rule’s scope and its supporting 

documents. EPA agrees that a 30-day 

extension of the comment period is 

warranted and will respond to 

comments, including ICR-related 

comments, in the final rule. Thirty days 

from August 27, 2021, is September 26, 

2021, which is a Sunday; therefore, EPA 

is extending the comment period to the 

following Monday, September 27, 2021. 

DATES: Comments must be received on 

or before September 27, 2021. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2020–0549, 

using the Federal eRulemaking Portal at 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

closed to visitors with limited 

exceptions. The staff continues to 

provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and docket access, visit https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: 

Stephanie Griffin, Data Gathering and 


jbell on DSKJLSW7X2PROD with PROPOSALS