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EPA/OLEM RIN: 2050-AH07 Publication ID: Fall 2019 
Title: Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities: Federal CCR Permit Program 
Abstract:

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 on 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 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: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Regulatory 
CFR Citation: 40 CFR 257   
Legal Authority: 42 U.S.C. 6945   
Legal Deadline:  None

Statement of Need:

In December 2016, the Water Infrastructure Improvements for the Nation (WIIN) Act established new statutory provisions applicable to CCR units, including authorizing States to implement the CCR rule through an EPA-approved permit program and authorizing EPA to enforce the rule. In light of this legislation, EPA is developing a Federal permit program in Tribal land and nonparticipating States for CCR units in this proposed rule.

Summary of the Legal Basis:

This action addresses the WIIN Act that directs EPA to develop a federal CCR permitting program.

Alternatives:

The WIIN Act did not provide an alternative approach. The Agency must provide public notice and opportunity for comment on these issues. Each of these issues is fairly narrow in scope and we have not identified any significant alternatives for analysis.

Anticipated Costs and Benefits:

The EPA will provide estimates of costs and benefits resulting from this proposed rule once they are fully developed and have received Agency clearance.

Risks:

As compared with the risks to human health and the environment that were presented in the 2015 CCR final rule, the proposed amendments discussed in this action are not expected to impact the overall conclusions in the 2015 CCR final rule. As a result, the Agency believes these amendments, if finalized as proposed, would be protective of human health and the environment.

Timetable:
Action Date FR Cite
NPRM  12/00/2019 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, Tribal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: https://www.epa.gov/coalash  
Sectors Affected: 221112 Fossil Fuel Electric Power Generation 
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
Email: yonce.stacey@epa.gov

Michelle Long
Environmental Protection Agency
Office of Land and Emergency Management
Mail Code 5305P, 1200 Pennsylvania Ave NW,
Washington, DC 20460
Phone:703 347-8953
Email: long.michelle@epa.gov