U.S. State of Indiana Coal Combustion Residuals Permit Program
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Proposed Approval
On September 15, 2026, the EPA announced a proposal to allow the Indiana Department of Environmental Management, rather than the federal government, to permit CCR disposal in landfills and surface impoundments. EPA preliminarily determined that the Indiana partial CCR permit program meets the standard for approval under the Resource Conservation and Recovery Act.
EPA will accept comments on this proposal for 60 days after publication in the Federal Register.
Public Hearing
EPA will hold a hybrid in-person and online public hearing about this proposed approval on November 12, 2026, starting at 2:00 p.m. Eastern Time. The hearing will take place in person at the Indiana Government Center – South, Wabash Hall Conference Rooms 4 and 5, 302 W Washington St, Indianapolis, IN 46204. For more information, visit our public hearing webpage.
Background
EPA received an application from the state of Indiana requesting approval of their CCR permit program.
In preparation to submit their application, Indiana promulgated its CCR regulations at 329 Indiana Administrative Code Part 14 with language that largely replicates the technical criteria contained in federal CCR regulations at Title 40, Code of Federal Regulations, Part 257, Subpart D that apply to CCR landfills and surface impoundments.
With the exception of certain provisions noted in the proposed approval, EPA has preliminarily determined that the Indiana CCR regulations contain all of the technical elements of the federal CCR regulations, including requirements for location restrictions, design and operating criteria, groundwater monitoring and corrective action, closure requirements and post-closure care, recordkeeping, notification, and CCR website posting requirements. In addition to the technical criteria in 329 IAC 14, IDEM adopted state-specific permit requirements for CCR units in Indiana Code Title 13 and 329 IAC 10.
EPA took the first step in the process of making a determination of whether to approve IDEM's CCR permit program by notifying IDEM that their application is complete and that the formal process of soliciting public comment and making a final determination on IDEM's CCR permit program will begin.