The Water Infrastructure Improvements for the Nation (WIIN) Act established a new coal combustion residual (CCR) regulatory structure under which states may seek approval from the Environmental Protection Agency (EPA) to operate a permitting program that would regulate CCR facilities within their state; if approved, the State program would operate in lieu of the Federal requirements. The WIIN Act requires that such State programs must ensure that facilities comply with either the Federal regulations or with State requirements that the EPA has determined are “at least as protective as” the Federal regulations. Furthermore, the WIIN Act established a requirement for the EPA to establish a Federal permit program for the disposal of CCR in Indian Country and in “nonparticipating” states, contingent upon Congressional appropriations. In March 2018 (Pub. L. 115-141) and March 2019 (Pub. L. 116-6), Congress appropriated funding for Federal CCR permitting. The final rule would establish a new Federal permitting program for disposal of CCR. The potentially regulated universe is limited to facilities with CCR disposal units subject to regulation under 40 CFR part 257 subpart D, which are located in Indian Country and in nonparticipating states. Remaining CCR facilities would be regulated by an approved State program and would not be subject to Federal permitting requirements.