Advance Notice of Proposed Rulemaking: General Permit Provisions
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Rule Summary
On July 13, 2026, EPA announced an Advance Notice of Proposed Rulemaking to gather input on a potential general permit option for coal combustion residuals facilities. This effort builds on EPA’s February 20, 2020, proposal to create a federal CCR permitting program and the April 13, 2026 proposal to allow permit authorities to set certain site‑specific alternative requirements. EPA is exploring whether a general permit could temporarily provide permit coverage for eligible CCR units until a state adopts these new pathways into its CCR program and EPA approves the state’s revisions. This ANPRM does not propose or change any regulatory requirements.
EPA is soliciting public comments on:
- Which categories of CCR units could qualify.
- The information owners/operators should submit to obtain coverage.
- The permit terms and conditions needed to meet subpart D.
- Whether coverage should be time‑limited.
- Whether public comment on individual coverage requests is appropriate.
- Whether EPA should make a case‑by‑case determination that general permit coverage is suitable for a particular unit.
EPA will accept comments on this notice through October 13, 2026.
Rule History
In 2016, Congress recognized the essential role of the states in passage of 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 states' requirements are as protective as the federal standards. Find out more about state CCR Permit Programs.
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 an FR 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.
On April 13, 2026, EPA proposed to establish new provisions that would allow a CCR permit authority to establish alternative requirements. EPA is considering whether a general permit could be developed to allow owners and operators of CCR facilities to temporarily obtain permit coverage until their state CCR permit program incorporates these new pathways and is approved by EPA and is requesting comment on this approach.