Document e5nKXRxoX86w8VpqZkEdYZ1dM

^ a,sc% THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 April 28, 2017 The Honorable Brian Sandoval Capitol Building Carson City, Nevada 89701 Dear Governor Sandoval: 1 am writing to inform you about steps the U.S. Environmental Protection Agency (EPA) is taking to implement new authority for authorizing state coal combustion residual (CCR) management permit programs provided by section 230 i o f the Water Infrastructure Improvements tor the Nation Act (WIIN Act), P.1,. 114-322, The successful implementation of this authority will require cooperation between EPA and state technical experts, the regulated community, and other stakeholders, I know that some states have already discussed with EPA how they manage CCR., and I encourage you to continue those efforts and work with EPA to submit your program applications for approval in a timely manner. If'you have not done so, I encourage you to evaluate developing a CCR permit program and submitting it to EPA for authorization. As you may know, in 2014, the EPA issued national standards for the management o f CCR under Subtitle D o f the Resource Conservation and Recovery Act (RCRA), As EPA explained in the Preamble to the CCR rule, due to the limited authority under RCRA Subtitle D, these standards applied directly to the owners and operators of CCR landfills and surface impoundments and could not be tailored to the unique circumstances o f individual facilities and states through EPAauthorized permit programs. In addition, these standards were enforceable only by citizen suits. Based on the concept of cooperative federalism that is a hallmark of our environmental laws, section 2301 o f the WIIN Act authorizes state permit programs to manage CCR, EPA has started developing guidance lor states about how EPA expects to review and approve state applications to operate permit programs and allow flexibility in individual permits In lieu of the national standards. EPA discussed plans for this draft guidance with a number o f state environmental directors at the Environmental Council o f States on April 7, 2017. EPA also is discussing this in greater detail with technical experts at the Association o f State and Territorial Solid Waste Management Officials, look forward to assisting your state with implementing section 2301 o f the WIIN Act. E, Scott Pruitt This paper is printed With veggtableW btiassd iaks saP is lOO-parceai possconsamar lacyeiaci arara aal aPraaaa-ke-siraaasseP ana recyclable. Sierra Club v. EPA 18cv3472 NDCA Prod 1 ED 002061 00079020-00001