Louisiana Seeks Control of Its Own Coal Ash Permits
Published Date: 6/5/2026
Proposed Rule
Summary
Louisiana wants to take charge of its own coal ash cleanup by running its own permit program instead of following the federal rules. The EPA thinks Louisiana’s plan mostly works but wants your thoughts before giving the final thumbs-up. If approved, this could speed up local decisions and might affect companies handling coal waste starting soon.
Analyzed Economic Effects
7 provisions identified: 2 benefits, 4 costs, 1 mixed.
State Program Would Replace Federal Permits
EPA is proposing to approve Louisiana's partial Coal Combustion Residuals (CCR) permit program so that, if approved, the Louisiana CCR permit program will operate in lieu of the Federal CCR permit program at 40 CFR part 257, subpart D, except for specific Federal provisions that Louisiana did not include in its partial program.
Deadline: Submit State Permit Application Within 365 Days
Under LAC 33:VII.1003.C, facilities that have an existing CCR landfill or an existing or inactive CCR surface impoundment must submit an application for a new state solid waste permit or a modification to an existing solid waste permit to LDEQ within 365 days of the date of approval of Louisiana's CCR permitting program.
State Inspection and Enforcement Powers Apply
Louisiana law (e.g., LAC 33:VII.529.A.8 and La. R.S. 30:2011.D(2)) gives LDEQ authority to enter permit holders' premises, inspect facilities, copy records, sample or monitor substances, investigate violations, and suspend, revoke, or modify permits for cause.
Some Federal CCR Rules Still Apply Directly
EPA states that the provisions of the Federal CCR regulations that Louisiana did not include in its partial permit program will remain directly applicable to affected CCR units; in a partial program, only the approved State requirements operate in lieu of the Federal requirements.
Permit Shield Applies After Final Permit Issuance
Under RCRA section 4005(d)(3), once a final CCR permit is issued by an approved State program, the terms of that permit apply in lieu of the Federal CCR regulations and the permit provides a shield against direct enforcement of the applicable Federal or State CCR regulations.
Permits Issue For Up To 10 Years; Renew Early
Louisiana's CCR permit regulations provide that permits for CCR units are to be issued for a maximum of 10 years, and permit holders must submit a renewal application no later than 365 days prior to permit expiration.
Public Notice, Comment, and Hearing Rights
Louisiana's CCR permitting rules require public participation steps: applicants must publish a notice of intent within 45 days before submitting an application and a notice within 45 days after submission; draft permits must be noticed; permit application and major modification comment periods must be at least 30 days (and may be extended to 45 or 60 days); final permit decisions must be posted within 20 days; and the public may request hearings (requests must be made within 30 days of a draft permit notice).
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Key Dates
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