2026-19027Proposed RuleWallet

Indiana Takes Wheel on Coal Ash Cleanup Permits

Published Date: 9/16/2026

Proposed Rule

Summary

Indiana 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 Indiana’s plan mostly works but wants your thoughts before giving the final thumbs-up. If approved, this change will start soon and could affect companies handling coal waste in Indiana, with no big costs expected for the public.

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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