EPA Advances Cooperative Federalism With Potential Approach For Coal Combustion Residuals Permitting Program

EPA Seeks Comment on Option to Avoid Permitting Delays and Provide Clarity While Maintaining Human Health and Environmental Protection

Washington - Today, U.S. Environmental Protection Agency (EPA) is seeking public input on a potential new regulatory approach for addressing certain coal combustion residuals (CCR) units as the agency explores pathways that promote cooperative federalism, reduce regulatory uncertainty, eliminate unnecessary permitting delays, and promote electric grid reliability while ensuring a high standard of environmental protection.

Building on the agency’s larger 2026 proposal to revamp CCR regulations, EPA is considering a new regulatory approach to help CCR units comply with federal regulations during the interim period while states update their CCR programs and before CCR facilities can receive site-specific permits. EPA is providing advance notice of potential CCR general permit provisions and is seeking comments on the criteria for which CCR facilities would be eligible as well as compliance requirements. Under this potential approach, CCR facilities operating under a general permit would be allowed to continue operations and maintain environmental and human health protections while waiting for states to update their regulatory programs and begin issuing their own permits.

“Today’s proposal is what Powering the Great American Comeback looks like in action. Under the Trump Administration, EPA is advancing state-led CCR permitting, streamlining and clarifying CCR rules, and implementing deadline extensions, cutting red tape to bolster grid reliability and affordability,” said EPA Administrator Lee Zeldin. “This notice seeks comment on an approach that improves clarity and avoids delays to deliver on EPA’s commitment to Unleash American Energy Dominance.”

In April 2026, EPA proposed revisions to CCR regulations that, if finalized, would allow a CCR permit authority to establish alternative requirements in light of site-specific conditions for groundwater monitoring and corrective action points of compliance, cleanup levels for corrective action, appropriate closure requirements, and closure timeframes. It would also extend the closure deadline timeframes for units where CCR is being put to beneficial use during closure. If finalized, these pathways would be available for facilities seeking a federal permit; they would not be available for facilities located in states with an EPA-approved CCR permit program until these states adopt new regulations and EPA approves them. In some states, this process can take years, and EPA is taking this proposed action now to ensure these vital facilities can continue legally operating.

EPA is seeking comments on how to provide eligible facilities a simple, interim way to obtain permit coverage, such as with a general permit. Individual permits would include new, site‑specific options, per EPA’s proposed rule published on April 13, 2026, including alternative groundwater compliance points, cleanup levels, and extended closure timelines. 

For information on EPA’s 90-day public comment period, visit EPA’s General Permit Provisions Advance Notice of Proposed Rulemaking webpage. EPA will consider the comments and may release a proposed and then a final rule for this action.

Background  

In 2016, Congress recognized the essential role of the states in passing the 2016 Water Infrastructure Improvements for the Nation Act which, among other changes, gave EPA the authority to 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.

On February 20, 2020, EPA proposed a streamlined federal permitting program for disposing of CCR in surface impoundments and landfills, including an electronic permitting option. EPA proposed clear requirements for applications, permit content and modifications, and procedural steps. EPA would implement the CCR permitting program directly in Indian Country and at CCR units located in states that have not sought approval for their own state CCR permit program. In a separate action, EPA published a Federal Register notice to reopen the public comment period for 30 days to accept additional feedback on this rule, given the time elapsed since the 2020 rule was proposed and subsequent changes made and proposed to other CCR regulations. EPA extended the comment period and will accept comments through July 29, 2026.