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Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals from Electric Utilities; Federal CCR Permit Program

RIN
2050-AH07
Last modified
Jul 2, 2026
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National Rural Electric Cooperative Association filings
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National Rural Electric Cooperative Association filed 1 comment on this docket between Aug 4, 2020 and Aug 4, 2020. 16 other organizations filed here. The comment window closes in 1d.

What National Rural Electric Cooperative Association filed (1)

Aug 4, 2020· Comment submitted by Dorothy Allen Kellogg, Regulatory Director, Water and Waste Issues, National Rural Electric Cooperative Association (NRECA)· EPA-HQ-OLEM-2019-0361-0338

NRECA supports EPA's effort to establish a federal CCR permitting program as authorized by the 2016 Water Infrastructure Improvement for the Nation (WIIN) Act, consistent with the recommended changes described in our attached comments. The proposed CCR federal permitting program, however, will implement but one part of that new authority. In addition to promulgating a federal CCR permitting program, NRECA urges EPA to implement two other key elements in the WIIN Act: finalize the risk-based options proposed in the CCR Phase 1 proposal (83 FR 11584, 15 March 2018) and approve state CCR programs to implement and enforce the federal CCR criteria.

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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 upon Congressional appropriations. In March 2018, Congress appropriated funding for federal CCR permitting. Related to EPA-HQ-OLEM-2026-4159 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.

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Co-filers (16)

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Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals from Electric Utilities; Federal CCR Permit Program (EPA) — National Rural Electric Cooperative Association | OpenPolis