The American Public Power Association recently filed supplemental comments on the Environmental Protection Agency's proposal reopening the comment period for the Federal Coal Combustion Residuals (CCR) Permit Program.
The proposal requested input on permit application timelines, tiering and prioritizing permit applications, and EPA’s proposed electronic permitting process.
APPA recommended EPA:
• Clarify that the federal CCR permit program applies only to activities regulated under 40 C.F.R. part 257, subpart D, and does not extend to excluded activities, beneficial use, temporary storage, dewatering structures, or other non-disposal activities.
• Provide realistic permit application timelines that reflect the expanded scope and complexity of the CCR program, including the need for facility-specific analysis, contractor support, and coordination with federal and state requirements.
• Avoid duplicative federal and state permitting obligations and establish a clear transition process between federal and approved state programs.
• Use a risk-based tiering framework that prioritizes permit review based on documented site-specific factors presenting elevated risk to human health or the environment.
• Implement electronic permitting flexibly by accommodating existing state systems, avoiding duplicative reporting, preserving state discretion.
