On December 16, 2016, President Obama signed the Water
Infrastructure Investment for the Nation Act (WIIN) (S. 612).
As one of the last pieces of legislation by Congress this session,
the Act gives the Environmental Protection Agency (EPA) authority
to approve state permitting programs for coal combustion residuals
units (CCR units). The Act also affects other areas of water
resources, ranging from the remediation of lead piping in Flint,
Michigan to studies addressing the California drought.
The Act requires EPA to approve state CCR permitting programs
that are at least as protective as the federal CCR Rule (40 CFR
257). The Act gives EPA authority to implement a federal permitting
program in nonparticipating states. Under the Act, EPA must review
state programs at least every 12 years, within 3 years after
changing the applicable federal requirements, and one year after a
"significant release" in a state. EPA must also
review a state's program if requested to do
