EPA Approves Wyoming's Coal Ash Permit Takeover
Published Date: 2/26/2026
Rule
Summary
Wyoming’s new coal ash permit program just got the EPA’s thumbs-up and will start on March 30, 2026. This means Wyoming will handle coal ash rules instead of the federal government, making things smoother for local businesses and communities. If you’re involved with coal ash in Wyoming, get ready for some fresh rules and oversight that keep the environment safer without slowing down progress.
Analyzed Economic Effects
7 provisions identified: 3 benefits, 4 costs, 0 mixed.
Permit Timing and 30-Year Post-Closure Rule
Wyoming requires owners/operators to obtain permits for all existing and new CCR units and sets permit durations for operating life through post-closure; closure permits include a minimum 30-year post-closure term. Existing landfills must apply for renewal at least 12 months before permit expiration.
State Enforcement and Penalties
WDEQ has enforcement authority including inspections, investigations, injunctions, and civil penalties for violations of the Act or permits. Penalties may be assessed up to $10,000 for each violation for each day the violation continues.
Wyoming Takes Over Coal Ash Permitting
EPA approved Wyoming's partial coal combustion residuals (CCR) permit program and it will operate in lieu of the Federal CCR permit program (except for specific provisions) starting March 30, 2026. If you own or run a coal-ash unit in Wyoming, state permits and state oversight will now be the main regulatory pathway instead of a full federal permitting process.
Permits Replace Federal Rules (Permit Shield)
Once Wyoming issues a final CCR permit for a unit, the permit terms apply in place of the corresponding Federal CCR requirements and provide a permit shield against direct enforcement of those Federal rules. The permit becomes the enforceable document for the permittee.
Some Federal Rules Still Apply
Wyoming's approval is partial: Federal CCR provisions that Wyoming did not seek approval for will continue to apply directly to CCR units in Wyoming. EPA noted additional provisions tied to the 2024 Legacy Rule remain federal obligations for affected units.
State Inspection and Information Access
Under Wyoming law, WDEQ may inspect CCR facilities, copy records, inspect monitoring equipment, and require applicants to provide access authorization before a permit is issued. WDEQ must notify applicants within 60 days whether an application is complete and completes technical review within 90 days.
Public Notice and Two Comment Periods
Permit applicants must provide public notice and two 30-day comment periods: one after the application is deemed complete and another when a proposed permit is issued. Notices must be published for two consecutive weeks and sent to landowners within one-half mile, local officials within 50 miles, and posted on the WDEQ website.
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