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Regulatory Updates

MPUA provides members with regular updates on new and upcoming regulations in the utility industry.  

 

Lead and copper rule improvements finalized: october 2024

On October 8, 2024, the Environmental Protection Agency (EPA) finalized the Lead and Copper Rule Improvements released in 2021. The goal is to advance efforts to remove lead from public drinking water systems to protect adults and children from potentially hazardous health effects. 

Key major changes in this rule are:

  • All lead service lines will be required to be replaced within 10 years. 
    • It must be a full-service line replacement. Systems serving more than 10,000 connections are eligible for an extended replacement schedule. Systems must make reasonable efforts to engage property owners about full-service line replacement. If systems are conducting partial replacements, they must offer to replace the remaining portion of the service line not under their control. 
  • Utilities will need to perform two samples for lead and copper, a first-liter sample and then a fifth-liter sample, for compliance reporting. You will be required to use whichever result is higher. 
    • All water systems with lead, galvanized lead requiring replacement, or unknown are required to collect a standard number of samples semi-annually. 
    • Systems servicing less than 3,300 people can apply for a nine-year monitoring waiver.
    • Systems may qualify for reduced monitoring if:
      • Lead sample results are less than the action levels for two consecutive six-month monitoring periods. If so, they may revert to the standard annual monitoring frequency.
      • If lead sample results are below the practical quantitation limit (PQL) or ½ of 10 micrograms per liter (ug/L) action level for two consecutive six-month periods, a three-year schedule at reduced monitoring sites is available.
  • The lead service line inventory, due Oct. 16, 2024, requires locating all legacy lead service lines. 
    • After the initial inventory, all water systems must update the inventory regularly and provide the service line replacement plan to the public. 
  • The action level of lead has been lowered from 15 ug/L to 10 ug/L.
    • For systems that violate the 10 ug/L limit, the community must install corrosion control technologies (CCTs). If the community currently has CCT, they would be required to optimize their CCT system. 
    • Systems serving less than 3,300 can choose another option to address lead under the Small System Flexibility section of the Code of Federal Regulation.
  • The requirements will increase if multiple samples exceed the lead action level. Utilities will be required to provide filters that are certified to remove lead to customers with multiple exceedances of the action level. 
  • If a community has lead samples greater than the lead action level, they can choose a complete option of a point-of-use device or replacement of all lead-bearing plumbing material in lieu of CCT. 

Funding Opportunities

  • The EPA has announced $2.6 billion in new funding for drinking water infrastructure, of which Missouri will receive $40.5 million. This funding, administered through state Drinking Water State Revolving Funds, will support lead pipe replacement and inventory efforts. Half of these funds are designated for disadvantaged communities and provided as grants or forgivable loans.  
  • The EPA is also offering $35 million in competitive grant funding for projects to reduce lead in drinking water in homes, schools, and childcare facilities. Communities can apply directly for this grant funding through grants.gov. 


EPA will conduct an informational webinar for the general public on October 24 to provide information about the agency’s final Lead and Copper Rule Improvements (LCRI). Please register to attend here.

EPA will also conduct a similar informational webinar for drinking water utilities and professionals on November 14. Please register here to attend the webinar for the drinking water professional community.

For more information: 

EPA Lead and Copper Rule Improvement Announcement 

Main EPA Lead and Copper Rule website 

EPA Fact Sheet 

Federal Register

 

Coordinated Interagency Transmission Authorization adn Permits Program (CITAP)

On April 25, 2024, the Department of Energy (DOE) issued a final rule, 10 CRF 900, to establish the Coordinated Interagency Transmission Authorizations and Permits Program (CITAP). This program aims to improve environmental reviews and permitting processes for qualifying onshore transmission projects while ensuring meaningful stakeholder engagement.

A qualifying project is either:
  • A high-voltage electric transmission line (230kV or above) or other regionally or nationally significant electric transmission lines, with attendant interstate or international commerce facilities, requires an environmental impact statement.

    -OR-
  • An electrical transmission facility that is approved by the Director of the DOE’s Grid Deployment office.

DOE will set a two-year authorization deadline and act as the lead agency to coordinate federal reviews and authorizations. Coordinating functions will occur via an online portal, allowing developers to upload relevant information and offering a centralized resource for Federal permitting communications. Should an agency not adhere to the two-year deadline, developers can begin a presidential appeal process to request the President to issue the appropriate permit.

For more information, see Final Rule or the DOE Website.

Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Category

The final rule focuses on electric plants that use coal to create steam. The rule creates a zero discharge of pollutants for flue gas desulfurization (FGD), bottom ash transport water (BATW), and combustion residual leachate (CRL). This rule will also establish limits for combustion residual leachate for mercury and arsenic from legacy impoundments. EPA has also removed less stringent requirements for high flow and low utilization energy generating units. For energy-generating units (EGU) that will no longer burn coal by 2034, the EPA has created a new subcategory for units to meet the 2020 rule requirement for FGD wastewater and BATW, not the more stringent zero-pollutant discharge requirements. Utilities will also be required to publish information to the public with details of wastewater treatment systems used and the details of the discharges.

See the Fact Sheet for more information or the Final Rule.

 

Greenhouse gases at power plants

On April 25, 2024, the EPA released the Greenhouse Gas Rule, authorized under the Clean Air Act, to reduce pollution from fossil fuel-fired power plants.
The final rule sets limits for new gas-fired combustion turbines, existing coal units, oil and gas-fired steam generation units, and specific existing gas-fired combustion turbines.
New combustion base load turbines will have a phase one efficiency design standard based on combined cycle turbines. For phase two, the standard will be based on a 90% capture of CO2 by Jan 1, 2023.
For new intermediate turbines (between 20-40% capacity factor), the standards will be based on efficient design and operation of simple cycle turbines.
The standards for new low-load turbines (less than 20% capacity factor) are based on low-emitting fuel types.
For existing coal-fired electrical generation units (EGUs) that intend to operate on or past January 1, 2039, there will be a numeric emission rate equal to that of the application of carbon capture sequestration (CCS) at a 90% capture rate. These units must meet the emission limit by January 1, 2032.
If a unit is to cease operation after 2032 but before January 1, 2039, an emission rate will be based on the addition of 40% natural gas coal firing. This limit will be required to be met on January 1, 2030.
Under this rule, there will be no numeric emission rate reduction for units that demonstrate a plan to cease operation and permanently close by January 1, 2032.
For more information, see the Fact Sheet or the Final Rule.

 

After the Environmental Protection Agency (EPA) released new Greenhouse Gas (GHG) emission rules for electric generation facilities, MPUA joined other Missouri utilities to alert federal legislators about concerns. The letter sent to Missouri federal legislators outlines the possible threats to providing reliable and low-cost electricity under the new rules.

 

Legacy Coal Combustion Residuals Surface IMpoundments and Management

The final rule creates regulations for groundwater monitoring, corrective action, site closure, and post-closure activities. This will impact active and inactive facilities with legacy coal combustion residuals (CCR) surface impoundments and management units. Facilities must identify and locate the legacy CCR and management units, design, and dimensions.

For more information, see Fact Sheet or the Final Rule.

Mercury and Air toxics Standards (MATs)

The goal of the EPA’s final rule is to limit the emissions from existing coal—and oil-fired steam generating units for non-mercury hazardous air pollution (HAP).

  • The reduction will be accomplished by reducing the emission limit for filterable particulate matter (fPM) by two-thirds to .010 lb./MMBtu.
  • The rule removes the low-emitting electric generating units (EGU) provisions for fPM and non-mercury HAP.
  • EPA also reduces the standards by 70 percent for existing plants using lignite coal.
  • Coal and oil-fired EGUs must also install a particulate matter continuous emissions monitoring system (CEMS).
  • EPA projects that the final MATS standards will result in the following emissions reductions in 2028:
    • 1,000 pounds of mercury;
    • 770 tons of fine particulate matter (PM2.5)
    • 280 tons of nitrogen oxides (NOx)
    • 65,000 tons of carbon dioxide (CO2)
    • At least 7 tons of non-mercury HAP metals

For more information, see the Fact Sheet or the Final Rule.

Final PCB Cleanup and Disposal Rule Now in Effect

This rule was finalized in August 2023 and took effect on February 26, 2024. There were regulatory changes to expand options in extracting and cleaning up Polychlorinated Biphenyls (PCB) waste under the Toxic Substances Control Act (TSCA). PCBs were commonly used in transformers before 1977. Previously, if you had a PCB transformer that was leaking, you could dispose of the affected material in base roadbeds. PCB bulk products will no longer be able to be used as roadbed material except for certain emergency situations.

For more information, see EPA’s Website or the Final Rule.

Distribution Transformer Energy Efficiency Standards Finalized by DOE

On April 4, 2024, the Department of Energy (DOE) released its final distribution transformer energy efficiency standards rule. The final rule has a lowered efficiency standard than what was proposed. The following are key takeaways from the final rule for Liquid-Immersed Distribution Transformers (LIDT):

  • A five-year (2029) compliance deadline.
  • For single-phase LIDT ≤ (less than equal to) 100 kVA and three-phase ≥ (greater than equal to) 500 kVA – retain the use of grain-oriented electric steel (GOES) at a slightly higher efficiency level.
  • For single-phase LIDT > (greater than) 100 kVA and three-phase < (less than) 500 kVA – higher efficiency with the use of amorphous cores.

For more information, see the Final Rule or News Release.

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