What: On October 2, 2025, the U.S. Environmental Protection Agency proposed to extend compliance deadlines for Clean Water Act (CWA) regulations that apply to wastewater discharges from steam electric power plants, particularly coal-fired power plants.
Why: In 2024, the EPA finalized a CWA regulation that revised the technology-based effluent limitations guidelines and standards (ELGs) for the steam electric power generating point source category applicable to flue gas desulfurization (FGD), bottom ash (BA) transport water, and legacy wastewater at existing sources, and combustion residual leachate (CRL) at new and existing sources.
Citing increases in energy demand across the U.S., decreases in energy reserves, difficulties in transmission across the electricity grid, and decreased energy reliability, the EPA proposes to revise seven compliance deadlines in the 2024 rule. Additionally, the proposal would also update the 2024 rule’s transfer provisions to allow facilities to switch between compliance alternatives and create authority for limited additional timing flexibility for both 2020 and 2024 rule deadlines based on site-specific factors.
Based on the cost of the 2024 rule, the EPA estimates the proposal will save small businesses $6 million to $16 million at a three percent discount and $15 million to $40 million at a seven percent discount rate.
Action: Comments are due November 3, 2025. If no adverse comments are received, portions of the proposed rule will take effect on December 1, 2025. If requested, EPA will hold a virtual public hearing on the proposal October 14, 2025.
CWA REGULATION:
PROPOSED RULE:
DIRECT FINAL RULE:
CONTACT: Nick Goldstein
EMAIL: nick.goldstein@sba.gov
Is your small business or entity being impacted by a proposed rule? If yes, write a comment letter to the proposing agency.