EPA received an application from the state of Texas requesting partial approval of their coal combustion residuals (CCR) state permit program.
In preparation to submit their application, Texas promulgated regulations for CCR disposal units at Title 30, Texas Administrative Code (30 TAC), Chapter 352, which adopts by reference nearly all of the technical criteria contained in federal CCR regulations. In addition to the technical criteria, CCR units must comply with the permitting requirements, the procedural permitting requirements, and the reporting requirements found in various sections of the Solid Waste Management section of the Texas Title 30, Texas Administrative Code (30 TAC), Chapter 352.
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On December 3, 2020, EPA took the first step in the process of making a determination of whether to approve the Texas state CCR permit program by notifying Texas that their application was complete and that the formal process of soliciting public comment and making a final determination on whether to approve Texas's CCR permit program will begin. Below is the letter EPA sent to the Texas Commission on Environmental Quality (TCEQ) stating that their application was found to be complete.
In a Federal Register notice, EPA proposed to partially approve the application submitted by Texas to allow the Texas CCR permit program to operate in lieu of the federal CCR program. EPA has preliminarily determined that the portions of the Texas CCR state permit program that have been submitted for approval meet the standard for approval under the Resource Conservation and Recovery Act.
EPA sought comment on this proposal during a 60-day public comment period during which EPA held a public hearing.
EPA held a virtual public hearing about this proposed approval on February 2, 2021. A verbatim transcript of the hearing can be access in the docket for this action.
EPA created a fact sheet to give more information about this proposed approval, which can be found below.You may need a PDF reader to view some of the files on this page. See EPA’s About PDF page to learn more.