EPA Reopens Comment Window on Federal Coal Ash Rules
Published Date: 5/28/2026
Proposed Rule
Summary
The EPA is reopening the comment period until June 29, 2026, for its proposed rule to create a federal permit program for safely disposing of coal ash from power plants. This affects electric utilities that handle coal waste and aims to improve environmental safety while possibly impacting their costs. Now’s the time for everyone to share their thoughts and help shape the rules!
Analyzed Economic Effects
6 provisions identified: 3 benefits, 3 costs, 0 mixed.
Federal CCR Permit Requirement
If you own or operate a coal combustion residual (CCR) unit in a State that does not have an approved CCR permit program (a "nonparticipating State") or in Indian country, you would need to apply for and obtain a Federal CCR permit under Sec. 257.123(a). This requirement comes from the EPA's proposed Federal CCR permit program first published on February 20, 2020.
Tiered Permit Deadlines And Timing
EPA proposed tiers of deadlines for permit applications and originally proposed that the first tier of applications be due 18 months after the final rule's effective date. EPA is asking whether the first-tier deadline should instead be shortened to the effective date of the final permitting rule, which the Agency describes as six months after publication of the final permitting rule in the Federal Register.
Site-Specific Alternative Permit Requirements
EPA proposed allowing a CCR permit authority to set alternative, site-specific requirements for groundwater monitoring and corrective action points of compliance, cleanup levels for corrective action, closure requirements and closure timeframes. EPA also proposed extending closure deadlines where CCR is being extracted for beneficial use during closure.
Beneficial Use Definition Change
EPA proposed revising the definition of "beneficial use" to eliminate the requirement for an environmental demonstration for the non-roadway use of more than 12,400 tons of unencapsulated CCR on land. The Agency also proposed excluding specific beneficial uses from Federal CCR regulations.
Definitions, Exemptions, And Legacy Unit Rules
EPA has proposed exempting CCR dewatering structures, establishing a definition of a CCR storage pile, and in a separate final action (May 8, 2024) established regulations applying many CCR requirements to legacy CCR surface impoundments and CCR management units (CCRMU). The 2024 rule set new compliance deadlines and extended requirements to active CCR facilities, inactive facilities with legacy CCR impoundments, and certain facilities that ceased placing CCR prior to October 19, 2015.
Electronic Permitting Via RCRAInfo Module
EPA proposes an electronic permitting process where applicants would submit CCR permit applications electronically and EPA would develop a CCR module in the RCRAInfo system. EPA is also considering requiring States implementing the program to enter state permit data into the same EPA data system to maintain national consistency.
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Key Dates
Department and Agencies
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