The U.S. Environmental Protection Agency (EPA) has made public an interim final guidance outlining the process and procedures EPA generally intends to use to review and make determinations on state coal combustion residual (CCR) permit programs This document provides guidance to the states for developing and submitting a program to EPA for approval. The guidance is divided into four chapters:
- Chapter 1 provides an overview of the provisions of the Water Infrastructure Improvements for the Nation Act (WIIN Act).
- Chapter 2 contains the process and procedures EPA is planning to use to review and make determinations on state CCR permit programs as well as the documentation EPA will ask states seeking approval of a program to submit.
- Chapter 3 contains a checklist of all the requirements of the current CCR rule at 40 CFR Part 257 subpart D.
- Chapter 4 provides a checklist of those items a state would submit when seeking approval of its CCR permit program.
EPA anticipates that this guidance is likely to be updated as informed by comments received on this interim final guidance and will respond to these comments as appropriate. In addition, there are some areas of the WIIN Act on which the EPA has not yet focused; for example, the periodic review of state programs. This document includes information on the portions of the WIIN Act that are most important for initial EPA review and approval of state programs.
EPA encourages states who are or may be considering submitting a CCR permit program to EPA for approval to consult with EPA early in the process. Such consultations will enable EPA and the state to work through areas where the state program may be different from the federal CCR regulation. EPA looks forward to working with States and other key stakeholders as we move forward in implementing the WIIN Act.
Commenting on the Guidance
EPA will accept comments on this interim final guidance through Regulations.gov for 30 days following publication of a notice in the Federal Register announcing its availability and request for comment, which occurred on Aug. 15, 2017. Comments are due by Sept. 14, 2017, at 11:59 EDT. A PDF of the document is available online at Coal Combustion Residuals State Permit Program Guidance Document; Interim Final (PDF). To comment, visit http://bit.ly/2i6xIpY.