2026-19027Proposed RuleWallet

Indiana Takes Coal Ash Reins from EPA—Sort Of

Published Date: 9/16/2026

Proposed Rule

Summary

The Environmental Protection Agency (EPA or the Agency) is proposing to approve Indiana's Coal Combustion Residuals (CCR) partial permit program under the Resource Conservation and Recovery Act (RCRA). After reviewing the CCR permit program application submitted by the Indiana Department of Environmental Management (IDEM), EPA has preliminarily determined that Indiana's CCR permit program meets the standard for partial approval under RCRA. If approved, Indiana's CCR permit program will operate in lieu of the Federal CCR program, with the exception of the specific provisions noted below. EPA is seeking comment on this proposal during a 60-day public comment period and will hold a hybrid in-person and online public hearing on EPA's preliminary approval of Indiana's partial CCR permit program.

Analyzed Economic Effects

4 provisions identified: 0 benefits, 3 costs, 1 mixed.

State CCR Program Fees for Impoundments

If Indiana's program is approved, CCR surface impoundments will be billed an initial fee of $20,500. After that, operating impoundments or those without final closure certification will be billed $20,500 annually, while impoundments with final closure certification (or with final certification submitted but not responded to in time) will be billed $10,000 annually.

Permit Application Deadlines and Term Lengths

Under Indiana's program, owners/operators must submit permit applications within 180 days of the State program's effective date. IDEM must approve or deny new permit applications within 365 days; permits may be issued for a maximum of 5 years (with a potential future statutory maximum of 10 years), and renewal applications must be submitted at least 120 days before permit expiration.

Inspections, Monitoring, and Sampling Authority

IDEM inspectors may enter public or private property (with credentials) to inspect CCR units, gather records, take photographs, take samples, and place inspection reports in the public Virtual File Cabinet. Complaint-based inspections typically occur within 30 days of receipt of the complaint.

Enforcement Options and Citizen Intervention Rights

IDEM has multiple enforcement tools against violators, including Violation Letters, Notices of Violation, Agreed Orders (with civil penalties), Commissioner's Orders, and civil actions. Citizens of Indiana may intervene in administrative or judicial proceedings and IDEM posts enforcement documents online (OE and VFC) and responds to citizen complaints, with complaint inspections typically occurring within 30 days.

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Key Dates

Published Date
Comments Due
9/16/2026
11/16/2026

Department and Agencies

Department
Independent Agency
Agency
Environmental Protection Agency
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