EPA Guidance on State Coal Ash Permit Programs Is Coming, Pruitt Says

The Environmental Protection Agency (EPA) has announced it is working on guidance to give states the flexibility in implementing programs for the management of coal combustion residuals (CCR) disposal.

In an April 28 letter to state governors, EPA Administrator Scott Pruitt described the agency's steps to implement a "new authority" for authorizing state CCR management permit programs under Section 2301 of the Water Infrastructure Improvements of the Nation Act (WIIN Act).

Pruitt said that successful implementation of the EPA's authority "will require cooperation between EPA and state technical experts, the regulated community, and other stakeholders." He also encouraged state entities to continue discussions with the EPA on how they manage CCR, and to submit program applications "for approval in a timely manner."

Pruitt also said that the guidance is being developed based on priorities to promote "cooperative federalism." The agency discussed the draft guidance with "a number of state environmental directors" at the Environmental Council of States on April 7. It is also discussing its plans with "technical experts" at the Association of State and Territorial Solid Waste Management Officials.

The WIIN Act, which was signed by President Obama in December 2016, largely aims to restore watersheds, improve waterways and flood control, and improve drinking water infrastructure. Section 2301, which had the backing of utility groups, amends subtitle D of the 1976 Resource Conservation and Recovery Act (RCRA) to establish a permit program for CCR that states-after they gain the EPA's approval-may elect to administer in lieu of a federal regulatory program. The amendment also requires the EPA to review state programs at least once every 12 years, or on the request of a state.

But the amendment doesn't annul the Obama administration's December 2014-issued Disposal of Coal Combustion Residuals from Electric Utilities final rule, which set the first-ever minimum federal standards for the disposal of coal ash under RCRA. While Section 2301 allows states to adopt different technical standards from the EPA's CCR rule, they must still be as protective as the federal rule. If they are not, the EPA has the authority to adopt a permit program in lieu of the federal rule.

"With the signing of the WIIN Act, EPA now has authority to enforce the implementation of the CCR Rule and an approved state or federal permit program," as attorneys from law firm Schiff and Hardin noted in December. "It is important to note that EPA's enforcement authority is in addition to the ability of environmental groups or states to bring citizen suits."

[RELATED: Notable Power Plant Coal Ash Spills (Slideshow)]

-Sonal Patel is a POWER associate editor (@sonalcpatel, @POWERmagazine)

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