The Environmental Protection Agency on May 27 released a pre-publication notice to reopen the comment period on its February 20, 2020 proposed rule to establish a federal permitting program for the disposal of coal combustion residuals (CCR) from electric utilities.
The comment period will reopen for 30 days following publication in the Federal Register, providing another opportunity for public input on the proposed framework.
The proposal would establish a federal CCR permitting program under the Resource Conservation and Recovery Act (RCRA), consistent with the Water Infrastructure Improvements for the Nation (WIIN) Act.
Under this framework, EPA would directly issue permits for CCR units located in Indian Country and in states that do not have EPA-approved CCR permitting programs, APPA reported. Once a permit is issued, its requirements would replace the existing self-implementing federal CCR regulations.
Since the original proposal, EPA finalized additional CCR regulatory actions including the 2024 Legacy CCR Rule and is currently considering further revisions under its 2026 proposed rule, which APPA intends to comment on.
These rulemakings alter the scope of regulated units (e.g., legacy surface impoundments and CCR management units) and introduce new compliance pathways and site-specific permitting considerations, which EPA is now seeking to incorporate into the federal permit program.
EPA Requests Comment on Key Issues
EPA is soliciting comment on all aspects of the proposal, with a focus on the following issues:
• Permit Application Deadlines: EPA seeks input on the time needed for facilities to prepare site-specific permit application materials, including risk assessments and closure requests, and whether deadlines can be shortened to 6 months after final rule.
• Tiering of Permit Applications: EPA is requesting feedback on approaches for prioritizing permit submittals, including whether to prioritize facilities in states that do not intend to seek program approval, as well as updated timelines from states considering their own CCR permitting programs.
• Electronic Permitting: EPA is considering implementing an electronic permitting system (e.g., through RCRAInfo) for both EPA- and state-issued CCR permits to improve efficiency and ensure national data consistency. EPA seeks comment on how best to structure and implement this electronic system.
APPA said it is currently reviewing the historical materials associated with the 2020 proposal, including APPA’s previous 2020 comments, in preparation for drafting comments.
