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EPA/OLEM RIN: 2050-AH07 Publication ID: Spring 2019 
Title: ●Federal Coal Combustion Residuals Permitting Program 

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 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 EPA has determined are "at least as protective as" the federal regulations. Furthermore, the WIIN Act established a requirement for 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 proposal 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 on tribal lands and in nonparticipating states. The remaining CCR facilities would be regulated by the approved state program and would not be subject to federal permitting requirements.

Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: Undetermined 
EO 13771 Designation: Regulatory 
CFR Citation: 40 CFR 257   
Legal Authority: 42 U.S.C. 6945   
Legal Deadline:  None
Action Date FR Cite
NPRM  07/00/2019 
Final Rule  05/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, Tribal 
Small Entities Affected: No  Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Stacey Yonce
Environmental Protection Agency
Office of Land and Emergency Management
1200 Pennsylvania Avenue NW, Mail Code 5104A,
Washington, DC 20460
Phone:703 308-8476

Michelle Long
Environmental Protection Agency
Office of Land and Emergency Management
Mail Code 5305P, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:703 347-8953