EPA Proposes Smarter Rules for Coal Power Plant Waste
Published Date: 4/13/2026
Proposed Rule
Summary
The EPA is updating rules on how electric utilities handle coal waste to make cleanup safer and smarter. These changes affect power plants by easing some rules, adding new ways to monitor and close waste sites, and allowing more beneficial reuse of coal waste. Comments are open until June 12, 2026, so utilities and communities can weigh in before the new rules take effect.
Analyzed Economic Effects
7 provisions identified: 7 benefits, 0 costs, 0 mixed.
New Permitting Pathway for Site-Specific Rules
EPA proposes a new compliance pathway that lets permitting authorities consider site-specific conditions when issuing CCR permits. This pathway may allow tailored decisions on groundwater monitoring points of compliance, corrective action cleanup levels, closure requirements, and closure timeframes under a federal or participating-state CCR permit.
Estimated National Cost Savings (RIA)
EPA's Regulatory Impact Analysis estimates annualized cost savings of about $174–$194 million per year using a 3% discount rate and $232–$262 million per year using a 7% discount rate. The RIA estimates net annualized cost savings (net of disbenefits) of $169–$189 million per year at 3% and $229–$260 million per year at 7%.
Dewatering Structures Removed From CCR Rules
EPA proposes to exempt coal combustion residual (CCR) dewatering structures from the federal CCR regulations in 40 CFR part 257. If finalized, owners and operators of these dewatering structures would no longer be subject to the listed part 257 requirements for those structures.
Easier Large-Scale Non-Roadway Beneficial Use
EPA proposes to revise the beneficial-use definition by removing the requirement for an environmental demonstration for non-roadway uses of more than 12,400 tons of unencapsulated CCR on land. This change would allow certain large non-roadway land uses of CCR to proceed without that environmental demonstration.
Three CCR Uses Excluded From Federal Rules
EPA proposes to exclude three specific beneficial uses from federal CCR regulations: CCR used in cement manufacturing at cement kilns, flue gas desulfurization (FGD) gypsum used in agriculture, and FGD gypsum used in wallboard. These excluded uses would not be subject to the federal CCR part 257 requirements.
More Relief for Certain Legacy Impoundments
EPA proposes to broaden the criteria for closure-by-removal certification for legacy CCR surface impoundments and to broaden deferral criteria for legacy impoundments that completed closure under a regulatory authority before November 8, 2024. Owners/operators meeting the broadened criteria may receive relief from certain new requirements.
Allow CCR Extraction During Post-Closure Care
EPA proposes allowing CCR extraction for beneficial use during the post-closure care period at regulated units. This would permit owners/operators to remove CCR from closed units for reuse while the unit remains in post-closure care.
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