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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.

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.