The American Public Power Association recently filed comments on the Environmental Protection Agency's (EPA) advance notice of proposed rulemaking (ANPRM) seeking public input on whether a federal general permit could be developed to provide certain coal combustion residuals (CCR) facilities access to the proposed permit-based, site-specific flexibilities included in the 2026 Proposed Amendments.
The comments were filed on Oct. 13.
Specifically, EPA is considering whether a general permit program could serve as a bridge mechanism to allow facilities access to these flexibilities while awaiting coverage under a federal individual permit or approved state CCR permit.
APPA supported EPA’s effort to address the potential “regulatory gap” between finalization of the 2026 Proposed Amendments and the availability of permit coverage needed to implement the proposed flexibilities.
However, APPA urged EPA to adopt its preferred approach: amend the self-implementing CCR regulations to codify the flexibilities directly in 40 C.F.R. Part 257.
If EPA instead proceeds with a general permit program, APPA recommended measures to ensure timely permit coverage and a practical, efficient program for eligible facilities.
APPA recommended EPA:
• Codify the compliance flexibilities included in the 2026 Proposed Amendments directly in 40 C.F.R. Part 257.
• Provide prompt access to site-specific closure and compliance pathways.
• If EPA proceeds with general permits, adopt broad, performance-based eligibility.
• Use a streamlined notice of intent (NOI) process with prompt authorization and appropriate EPA oversight.
• Ensure durable coverage and clear transitions between federal and state permit programs.
