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  2. Coal Ash

Proposed Rule for Disposal of Coal Combustion Residuals from Electric Utilities; Federal CCR Permit Program

Proposed Rule for Disposal of Coal Combustion Residuals from Electric Utilities; Federal CCR Permit Program
Basic Information
Legal Authorities
  • 42 U.S.C. §6907(a)
  • 42 U.S.C. §6912(a)
  • 42 U.S.C. §6944
  • 42 U.S.C. §6945 (a) and (d)
Federal Register Citations
  • 85 FR 9940
Code of Federal Regulations Citations
  • 40 CFR Part 22, 124 and 257
Docket Numbers
  • EPA-HQ-OLEM-2019-0361

On this page:

  • Rule Summary
  • Rule History
  • Additional Resources

Rule Summary

EPA is proposing a streamlined, efficient, federal permitting program for the disposal of coal combustion residuals (CCR) in surface impoundments and landfills, which will also include electronic permitting. EPA has used the lessons learned from many years of implementing hazardous waste and other permitting programs to design an efficient, federal CCR permitting process. This proposal includes requirements for federal CCR permit applications, content and modification, as well as procedural requirements. EPA would implement this permit program directly in Indian Country, as it does other Resource Conservation and Recovery Act (RCRA) programs, and at CCR units located in states that have not submitted their own CCR permit program for approval.

EPA is extending the comment period on EPA’s proposal to establish a federal CCR permit program. The document announcing this proposal was published on February 20, 2020, and the public comment period was originally scheduled to end on April 20, 2020. In a notice published on April 14, 2020, EPA extended the comment period 30 days, through May 20, 2020. EPA extended the public comment period again for an additional 60 days, through July 19, 2020.

On July 24, 2020, EPA signed a notice to reopen the public comment period through August 7, 2020.

  • View the reopening of the comment period in the Federal Register.  
  • View the proposed rule in the Federal Register.
  • Read through a fact sheet about this proposal.

Rule History

Additional Information
  • Disposal of CCR Rulemakings
  • State Permit Programs

In April 2015, EPA finalized national regulations to provide a comprehensive set of requirements for the safe disposal of coal ash from coal-fired power plants. These regulations include technical standards that prevent the leaking of contaminants into groundwater, blowing of contaminants into the air as dust, and catastrophic failure of coal ash surface impoundments.  Additionally, the rule sets out inspection, monitoring, recordkeeping and reporting requirements and makes transparency a cornerstone of the program by requiring facilities to post compliance data online on a facility-established, publicly available website.

In 2016, Congress recognized the essential role of the states in passage of the 2016 Water Infrastructure Improvements for the Nation (WIIN) Act which, among other changes, gave EPA the authority to the implement a permit program to require each unit containing CCR located in non-participating states to achieve compliance with the CCR disposal regulations. Non-participating states are those that do not have a state CCR permit program approved by EPA. The WIIN Act also provided states the authority to operate permit programs, provided EPA determines that the state’s requirements are as protective as the federal standards. EPA approved Oklahoma’s coal ash program in 2018, Georgia's coal ash program in 2019, and Texas' program in 2021.


Additional Resources

  • Unified Regulatory Agenda entry.

Coal Ash

  • Basics
  • Reuse
  • Disposal Regulations
  • Wastewater Discharge Regulations
  • Part A Demonstrations
  • Part B Demonstrations
  • Internet Sites
  • State Permit Programs
    • Oklahoma Permit Program Approval
    • Georgia Permit Program Approval
    • Texas Permit Program Approval
    • Alabama's Permit Program Denial
    • North Dakota's Permit Program Proposed Approval
  • Implementation Frequent Questions
  • Reuse Frequent Questions
  • Impoundment Assessment Effort
Contact Us About Coal Ash
Contact Us to ask a question, provide feedback, or report a problem.
Last updated on July 17, 2024
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