Environment Filings and Resources

New Source Performance Standards

• Comments on the proposed new source performance standards for stationary combustion turbines (CT NSPS).  The comments address the important role of combustion turbines (CT) in sustaining the grid. We urge the agency not to change the definition of “stationary source”, part-load operation should not be unduly constrained, and critique the Environmental Protection Agency's (EPA) cost estimate for post-combustion nitrogen oxide (NOx) controls. April 2025

Greenhouse Gas Emission Regulations for the Power Sector

• Read APPA’s summary of the Environmental Protection Agency (EPA) final rule partially repealing the 2024 Carbon Pollution Standards (CPS) for Fossil Fuel-Fired Electric Generating Units (EGUs) and supplemental proposal (member only access). EPA issued the final action alongside a supplemental proposal that would rescind the greenhouse gas findings for fossil fuel-fired power plants and repeal the remaining power plant greenhouse gas regulations under Clean Air Act section 111. October 2026 
• Comments on the Environmental Protection Agency’s proposal to repeal the Greenhouse Gas (GHG) Emissions Standards for Fossil Fuel-Fired Electric Generating Units. APPA’s comments urged the agency to finalize the Alternative Proposal first because doing so would provide public power utilities with the relief they need from the 2024 Greenhouse (GHG) Standards. We noted that because the Alternative Proposal is based on existing interpretations of the Clean Air Act and decades of caselaw, it provides a more certain and durable route to the relief needed by the power industry. APPA also urged EPA to revise the New Source Performance Standards (NSPS) in a supplemental rulemaking for new baseload combustion turbines in Phase 1 and for intermediate combustion turbines, which would remedy the legal defects of the 2024 GHG Standards.
• In support of our comments, we noted that the 2024 GHG Standards were legally defective, as they rely on technologies, such as carbon capture and storage, that do not meet the legal definition of the Best System of Emissions Reduction (BSER). We also noted that the requirement to co-fire coal-fired power plants with natural gas also does not meet the legal definition of BSER as EPA is precluded from requiring generation shifting to meet emissions reduction targets per the major questions doctrine. August 2025
• Read our summary of the U.S. Court of Appeals for the District of Columbia Circuit oral argument in West Virginia v. EPA et al., No. 24-1120 (member access only). The case challenges the final rule repealing the Affordable Clean Energy Rule and establishing new greenhouse gas emissions standards and guidelines for new and existing fossil fuel-fired electric generating units. December 2024

Air Toxic Standards

• Comments on the Environmental Protection Agency’s proposal to repeal 2024 amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP): Coal- and Oil-Fired Electric Utility Steam Generating Units (EGUs) rule, commonly known as the Mercury and Air Toxics Standards (MATS). APPA’s comments supported the repeal of the 2024 MATS Residual Risk and Technology Review (2024 MATS RTR) final rule and reverting to the 2012 MATS rule. Specifically the comments supported the repealing the lower filterable particulate matter (fPM) standard and the fPM compliance demonstration requirement to use particulate matter continuous emissions monitoring system (PM CEMS) exclusively. APPA urged the agency to retain the use of quarterly stack testing, and PM continuous parametric monitoring systems. APPA recommend changes to PM CEMS monitoring provisions to promote flexibility. (August 2025)

Emissions Transport

• We filed comments in support of  EPA’s proposed reconsideration of the Interstate Transport Plan Review for the 2015 Ozone National Ambient Air Quality Standards. The comments supported EPA’s reliance on the states’ original modeling and a 1 part per billion (ppb) significance threshold, emphasizing consistency with prior guidance, court rulings, and use of the 2023 analytic year to promote a fair and predictable review process. March 2026

Regional Haze

• APPA’s comments support EPA’s plan to revise the regional haze program with the goal of reducing regulatory burden. Specifically, the comments call for the agency to prioritize a streamlined, flexible, and state-driven approach to regional haze planning. APPA emphasizes the importance of regulatory certainty and efficiency, along with recognition of real‑world progress. The comments further encourage EPA to establish clear metrics, enhanced four-factor analysis procedures, state authority over cost-effectiveness, and sensible adjustments for natural events. December 2025

Issue Brief

• Federal Efforts to Address Climate Change. February 2023. Updated June 2026.

New Source Review

• APPA filed comments on EPA’s proposed revisions to the “Begin Actual Construction” rule, which would amend EPA’s New Source Review (NSR) regulations to expand the types of activities that may occur before an NSR permit is issued. APPA supported the proposal and recommended that EPA clarify that “pollutant-emitting activities” include only equipment or components whose operation emits, or has the potential to emit, regulated NSR pollutants. APPA also recommended that EPA identify additional examples of activities that may proceed before permit issuance. June 2026

National Environmental Policy Act

• Read our summary of the U.S. Supreme Court’s unanimous decision in Seven County Infrastructure Coalition v. Eagle County, CO, (No. 23-975) (member only access) which reversed the U.S. Court of Appeals for the District of Columbia Circuit’s finding that the Surface Transportation Board’s environmental review under the National Environmental Policy Act (NEPA) was insufficient. This ruling reinforces that a NEPA review is only required to consider effects that are "proximately caused" by the agency action, rejecting broader arguments that the agency should consider all effects that would not occur "but for" the agency action.  The ruling also reaffirms judicial deference and charts a streamlined path for NEPA reviews to be faster, more focused, and tied strictly to the direct environmental effects of the project at hand. May 2025
• APPA joined a coalition of industry trade groups in filing comments on the Council on Environmental Quality’s (CEQ’s) interim final rule to remove the National Environmental Policy Act (NEPA) implementing regulations from the Code of Federal Regulations. The joint comments generally express support for the administration’s recent efforts to streamline environmental reviews under NEPA and advocate for the use of predictability, efficiency, and transparency as guiding principles as new NEPA implementing procedures are developed. March 2025

Issue Brief

• Streamlining Energy Infrastructure Permitting (Updated June 2026.)
• Public Power Permitting Reform Principles (Updated June 2026.)

Clean Water Act

• APPA filed comments supporting EPA’s proposed rule to extend the compliance deadlines in the 2024 Steam Electric Effluent Limitations Guidelines rule. The comments express support for extending the deadline to submit a notice of plan participation (NOPP) submittals, the compliance deadline for zero liquid discharge requirements, and the compliance deadline for the pretreatment standards for existing sources. APPA also calls for the agency to finalize its proposed requirement for alternative applicability dates and permit late NOPP submissions based on site-specific factors, as well as the proposed clarifications to the must-run provisions. Lastly, APPA recommends the agency retain the 2028 cessation of coal combustion subcategory and the 2034 subcategory if they do not repeal the 2024 Rule and repeal the "functionally equivalent to a direct discharge” requirement for unmanaged combustion residual leachate (CRL). November 2025
• APPA filed comments on the U.S. Army Corps of Engineers (Corps) notice for Potential Future Changes to Nationwide Permits (NWP) program were supportive. The comments highlighted strong support for the NWP program as a critical tool that enables public power utilities to efficiently maintain, upgrade, and expand electric infrastructure while minimizing impacts on waters of the United States (WOTUS). APPA recommended targeted, implementation-level improvements to enhance efficiency and certainty.  May 2026
• APPA and the National Rural Electric Cooperative Association (NRECA) filed joint comments on the proposed rule “Updating the Water Quality Certification Regulations” which updates and clarifies requirements for water quality certification under Clean Water Act section 401. The comments support the Proposal and offer recommendations for improvement, which include clarifying exclusions, establishment of an administrative appeals process, and comments on the applicability of 401 certification to general permits. February 2026
• APPA prepared a summary of the proposed updates to the Clean Water Act §401 Water Quality Certification Regulations (member only access). The proposed changes would revise the scope and requirements of a certification, and elements of a certification decision or modification. January 2026 
• APPA’s comments on the Environmental Protection Agency’s (EPA) request for information on regulatory uncertainty or implementation challenges associated with the Clean Water Act (CWA) section 401 water quality certification process. The comments emphasize the need to properly scope water quality certification process to ensure sufficient environmental protection without introducing unnecessary project delays. Accordingly, we recommend EPA reconsider its 2023 WQC rule to ensure the scope and conditions are limited to discharges. August 2025
• APPA’s comments on the U.S. Army Corps of Engineers proposal to reissue and modify Nationwide Permits (NWPs) were generally supportive. The comments emphasize the importance of the NWP program to expedite the development of energy infrastructure projects. We encouraged the Corps to finalize the reissuance quickly with minimal modifications to the linear utility line NWPs. August 2025
• Read our summary of the U.S. Supreme Court’s 5-4 decision in City and County of San Francisco v. Environmental Protection Agency (No.23-753) (member only access), holding that EPA lacks authority under the Clean Water Act (CWA) to set restrictions in water pollutant discharge permits that achieve an “end-result” for receiving waters. This decision will benefit National Pollutant Discharge Elimination System (NPDES) permittees by strengthening the “permit shield” defense against allegations of noncompliance. March 2025

Wastewater Discharge

• APPA submitted comments on EPA’s proposed revisions to the steam electric effluent limitation guidelines for unmanaged combustion residual leachate (UCRL), urging the agency to preserve the Clean Water Act’s statutory limits by clarifying that UCRL releases are not automatically national pollutant elimination system discharges and that any functionally equivalent of a direct discharge (FEED) determination must be made on a facility-specific record. APPA supported a site-specific best professional judgment framework if a permitting authority determines there is a FEDD UCRL, supported retaining arsenic and mercury limits for Pumped UCRL with a compliance deadline extended to 2034, and asked EPA to clarify applicability for retired facilities, closed CCR units, and 2028 cessation units. APPA also opposed zero-liquid discharge requirements for FGDW and CRL wastestreams because they are not technically feasible or economically achievable industry-wide. June 2026
• Read APPA’s summary of EPA’s proposed rule on Unmanaged Combustion Residual Leachate (UCRL) in the Steam Electric Effluent Limitation Guidelines (ELGs) (member only access). The proposal reevaluates application of ELGs for UCRL and presents three regulatory options: a site-specific, permitting-based framework (Option 1) as the preferred option, concluding that national numeric limits (Option 2) and ZLD requirements (Option 3) are not economically achievable for this subcategory. May 2026
• APPA prepared a summary of the Final Rule extending compliance deadlines under the 2024 Supplemental Steam Electric Effluent Limitation Guidelines (ELGs) rule (member only access). The Final Rule, effective March 2, 2026, retains nearly all provisions from the proposed rulemaking. January 2026 

Waters of the United States

• Read our summary of the proposed supplemental rule revising the definition of “waters of the United States” (WOTUS) (member only access). The proposed rule seeks input on additional targeted alternatives to the 2025 proposed WOTUS definition. Key additions include new or revised terms for "perennial", "relatively permanent," and "continuous surface connection". September 2026
• APPA filed comments in response to the EPA and the Army Corps of Engineers' proposal to revise the definition of “waters of the United States”. APPA’s comments are generally supportive and provide recommendations to clarify the definition, align it with the Clean Water Act and U.S. Supreme Court precedent, and facilitate effective implementation. Our comments emphasize the importance of clear, predictable, and workable federal regulations that balance environmental protection with the operational needs of public power utilities. January 2026
• Read our summary of the EPA and the U.S. Army Corps of Engineers’ proposal seeking to revise the definition of “waters of the United States” (member only access). The proposal seeks to ensure consistency with the U.S. Supreme Court’s decision in Sackett v. EPA while also easing implementation for stakeholders. November 2025  
• APPA’s comments provided recommendations on defining “waters of the United States” (WOTUS) in a manner consistent with the 2023 U.S. Supreme Court decision in Sackett v. EPA. The comments urged the Environmental Protection Agency and Army Corps of Engineers to ensure that any forthcoming new WOTUS definition should be durable, clarify that “adjacent” wetlands should be indistinguishable from other WOTUS, exclude most ditches, and retain the Waste Treatment System exclusion with certain revisions. April 2025

Spent Solar Panels and Lithium Batteries

• Petition for Rulemaking on Regulating Photovoltaic Solar Panels as Universal Waste. APPA and other trade associations joined together to resubmit a petition requested that the EPA adopt a universal waste management standard for solar photovoltaic panels. July 2025 

Coal Combustion Residuals

• APPA filed comments on EPA’s notice seeking input on a potential coal combustion residuals (CCR) general permit program. The comments were supportive of EPA’s effort to address the potential “regulatory gap” but urged EPA to directly amend the self-implementing CCR regulations. APPA also recommended measures to ensure timely permit coverage and a practical, efficient program for eligible facilities. October 2026
• Read APPA’s summary of the ANPRM considering development of a general permit to provide temporary coal combustion residual (CCR) permit coverage for facilities until an individual EPA permit or approved state CCR permit program is in place. (member only access) August 2026  
• APPA filed supplemental comments in response to EPA’s re-opening the comment period on its proposed federal coal combustion residuals (CCR) permit program under the Water Infrastructure Improvements for the Nation (WIIN) Act. APPA’s comments urged EPA to reevaluate its proposed federal CCR permit program in light of major regulatory developments since 2020. APPA’s comments recommend the development of a federal permit program with realistic timelines, clear state-federal coordination, and flexible electronic permitting that avoids duplicative requirements and unnecessary administrative burdens. July 2026
• APPA filed comments on EPA’s proposed revisions to the 2024 Coal Combustion Residuals Legacy Rule. APPA’s comments generally supported EPA’s effort to move the federal CCR regulations toward a more practical, site-specific, and risk-based framework. The proposal appropriately recognizes that CCR units, historical management practices, and beneficial uses do not all present the same level of risk or warrant a one-size fit all regulatory treatment. June 2026
• Read APPA’s summary (member only access) of the proposed amendments to the 2024 Coal Combustion Residuals Legacy Rule. April 2026 
• APPA filed comments on EPA’s proposal to extend the Coal Combustion Residual Management Unit deadline within the Legacy CCR rule. The comments support the agency’s efforts to reduce the regulatory burden associated with the Legacy CCR Rule. APPA’s comments call for the agency to finalize its proposed extensions for the compliance deadlines for the Facility Evaluation Report (FER) Part 1, groundwater monitoring, and the conforming coal combustion residual management unit (CCRMU) requirements. The comments also encourage the agency to adopt its proposed option of extending the deadline for completing FER Part 2 by an additional 12 months. September 2025

Protected Species

• Read APPA’s summary (member only access) of proposed Endangered Species Act (ESA) rules that aim to restore much of the ESA framework from the 2019 regulations. The proposed rules are viewed positively and restore helpful clarifications. The proposed rules would apply prospectively, leaving decisions finalized before their effective dates largely unaffected. (member only access) December 2025 

PCB

EPA granted APPA’s application to renew its existing risk-based disposal approvals for APPA regular members on April 12, 2023. The renewal allows APPA regular members to dispose of PCB remediation wastes generated at secure utility assets with as-found concentrations of less than 50 ppm PCBs in non-TSCA units, including municipal solid waste landfills. In 2017, APPA initially applied for and was granted approval for its regular members to dispose of PCB Remediation Waste generated at secure utility assets with as-found concentrations of < 50 ppm PCBs in non-TSCA approved disposal facilities; subsequently, the approval was updated as the membership changed. APPA members have appreciated and benefited from the cost savings resulting from the approval.

• Whitepaper on Risk-Based Disposal for PCB Remediation Waste Less than 50 ppm
• PCB Risk-Based Disposal Approval Questions and Answers Document
• EPA Memo Clarifying Notification and Sampling Requirements under the Approval

PCB Webinars

• PCB use, storage, and marking
• PCB cleanup and disposal, part 1
• PCB cleanup and disposal, part 2
• PCB reporting and recordkeeping
• Natural gas pipelines use and abandonment/disposal