EPA Seeks Comments on State Coal Ash Permit Programs

On August 15th, EPA published a notice of availability and request for comments on its interim final Coal Combustion Residuals State Permit Program Guidance Document.  The Guidance document provides more information to states that are interested in establishing their own state permitting programs (or other systems of prior approval and conditions) to regulate coal combustion residual (CCR or coal ash) units in lieu of federal regulation as provided for under the Water Infrastructure Improvements for the Nation (WIIN) Act.

The Guidance document is divided into four sections: Chapter 1 is presented in question and answer format and provides an overview and EPA’s interpretation of the WIIN Act. Chapter 2, also in question and answer format, addresses the process EPA will follow in approving the State CCR permit (or other prior approval) programs.  Chapter 3 provides a checklist of federal coal ash regulatory requirements under the Resource Conservation and Recovery Act (RCRA), 40 C.F.R. 257, Subpart D, which EPA says will aid states in developing their own CCR programs. Chapter 4 provides a checklist “of the materials EPA believes would constitute a ‘complete’ CCR permit program application.”

Comments on the Guidance document must be submitted by September 14, 2017 in Docket EPA-HQ-OLEM-2017-0458-0001.

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