Environmental Protection Agency: Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category—Deadline Extensions

B-337985

January 15, 2026

The Honorable Shelley Moore Capito
Chairman
The Honorable Sheldon Whitehouse
Ranking Member
Committee on Environment and Public Works
United States Senate

The Honorable Sam Graves
Chairman
The Honorable Rick Larsen
Ranking Member
Committee on Transportation and Infrastructure
House of Representatives

Subject: Environmental Protection Agency: Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category—Deadline Extensions

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Environmental Protection Agency (EPA) entitled “Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category—Deadline Extensions” (RIN: 2040-AG54). We received the rule on December 30, 2025. It was published in the Federal Register on December 31, 2025. 90 Fed. Reg. 61328. The effective date of the rule is March 2, 2026.

According to EPA, this rule extends deadlines promulgated in the 2024 ‘‘Supplemental Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category''; updates the 2024 rule's transfer provisions to allow facilities to switch between compliance alternatives; and creates authority for alternative applicability dates and paperwork submission dates, based on site-specific factors.

Enclosed is our assessment of EPA's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions about this report or wish to contact GAO officials responsible for the evaluation work relating to the subject matter of the rule, please contact me at (202) 512-8156.

Shirley A. Jones
Managing Associate General Counsel

Enclosure

ENCLOSURE

REPORT UNDER 5 U.S.C. § 801(a)(2)(A) ON A MAJOR RULE
ISSUED BY THE
ENVIRONMENTAL PROTECTION AGENCY
ENTITLED
“EFFLUENT LIMITATIONS GUIDELINES AND STANDARDS FOR THE STEAM ELECTRIC POWER GENERATING POINT SOURCE CATEGORY—DEADLINE EXTENSIONS”
(RIN: 2040-AG54)

(i) Cost-benefit analysis

The Environmental Protection Agency (EPA) prepared an analysis of the costs and benefits of this rule. See 90 Fed. Reg. 61328, 61351 (Dec. 31, 2025). EPA estimated that the rule would result in annualized cost savings of $61 million at a three percent discount rate, and $112 million at a seven percent discount rate. Id. EPA also estimated that the rule would result in forgone benefits ranging between $3.3 million at the low end and $95 million to $232 million at the high end at a three percent discount rate; and between $3.3 million at the low end and $112 million to $271 million at the high end at a seven percent discount rate. Id.

(ii) Agency actions relevant to the Regulatory Flexibility Act (RFA), 5 U.S.C. §§ 603–605, 607, and 609

The EPA Administrator certified that this rule will not have a significant economic impact on a substantial number of small entities. 90 Fed. Reg. 61352.

(iii) Agency actions relevant to sections 202–205 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. §§ 1532–1535

EPA determined that this rule does not contain an unfunded mandate as described in the Act and does not significantly or uniquely affect small governments. 90 Fed. Reg. 61352. EPA stated that the rule imposes no enforceable duty on any state, local, or tribal governments or the private sector. Id.

(iv) Other relevant information or requirements under acts and executive orders

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

On October 2, 2025, EPA published a proposed rule. 90 Fed. Reg. 47693. EPA solicited comments and held public webinars and tribal consultations. EPA summarized and responded to comments in the rule. See 90 Fed. Reg. 61340–61350.

Paperwork Reduction Act (PRA), 44 U.S.C. §§ 3501–3520

EPA determined this rule contains information collections activities and submitted them to the Office of Management and Budget (OMB) for review (OMB Control Number 2040-0313). 90 Fed. Reg. 61351.

Statutory authorization for the rule

EPA promulgated this rule pursuant to sections 1251, 1311, 1314(b), 1314(g), 1317, and 1361(a) of title 33, United States Code.

Executive Order No. 12866 (Regulatory Planning and Review)

EPA stated that this rule is significant under the Order and was submitted to OMB for review. 90 Fed. Reg. 63151.

Executive Order No. 13132 (Federalism)

EPA determined that this rule does not have federalism implications. 90 Fed. Reg. 61352.