U.S. State of Wyoming Coal Combustion Residuals Permit Program
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Final Approval
On February 24, 2026, EPA announced approval of the coal combustion residuals permit program application submitted by Wyoming Department of Environmental Quality, pursuant to the Resource Conservation and Recovery Act section 4005(d)(1)(B). The Wyoming partial program allows the WDEQ to operate in lieu of the federal CCR permit program. EPA determined that the Wyoming CCR permit program meets the standard for approval.
Wyoming did not include seven items in their application for program approval, which is why they have a partial CCR permit program. You can find the seven items not included in Wyoming’s partial CCR permit program in more detail in the Federal Register Notice and summarized below:
- Title 40 of the Code of Federal Regulations Sections 257.73(a)(4), 257.73(d)(1)(iv), 257.74(a)(4), and 257.74(d)(1)(iv) for vegetative cover for slope stability.
- Title 40 of the Code of Federal Regulations Section 257.90(g) for suspension of groundwater monitoring.
- Title 40 of the Code of Federal Regulations Section 257.95(h)(2) for groundwater protection standards for constituents in Appendix IV having no Maximum Contaminant Levels.
- Title 40 of the Code of Federal Regulations Section 257.95(h)(2): the alternative groundwater protection standard concentrations for cobalt, lead, lithium, and molybdenum; the D.C. Circuit remanded this provision back to EPA for reconsideration (Waterkeeper Alliance, Inc. v. EPA, No. 18-1289, Doc. 1777351 (D.C. Cir March 13, 2019)). This provision currently remains under reconsideration by the Agency.
- WDEQ did not adopt the 2024 amended provisions (Volume 89 of the Federal Register page 38985, May 8, 2024) and (89 FR 88650, November 8, 2024) that affect CCR landfills and CCR surface impoundments regulated by the federal CCR regulations.
- WDEQ did not adopt the legacy CCR surface impoundment provisions that EPA finalized in 2024 (89 FR 38985, May 8, 2024) and (89 FR 88650, November 8, 2024) and therefore is not seeking approval for any of those provisions.
- WDEQ did not adopt the CCR management unit provisions that EPA finalized in 2024 (89 FR 38985, May 8, 2024) and (89 FR 88650, November 8, 2024) and therefore is not seeking approval for any of those provisions.
The corresponding federal requirements for these provisions will continue to apply.
Background
State Regulations
On February 6, 2023, EPA received an application from the state of Wyoming requesting approval of its CCR permit program.
In preparation for submittal of its application, WDEQ promulgated regulations for CCR disposal units at Solid Waste Rules Chapter 18: Disposal of Coal Combustion Residuals in Landfills and Surface Impoundments, which largely replicate the technical criteria contained in federal CCR regulations. In addition to the technical criteria, WDEQ adopted state-specific permit requirements for CCR units at Wyoming Statute section 35-11-502 and SWR Chapter 18; and public participation requirements in Wyoming Statute section 35-11-502, SWR Chapter 1, section 2(c), and SWR Chapter 18 Section 4(f).
Proposed Approval
On August 28, 2025, EPA announced a proposal to approve the application submitted by Wyoming Department of Environmental Quality to allow the Wyoming coal combustion residuals permit program to operate in lieu of the federal coal combustion residuals program. EPA preliminarily determined that the Wyoming coal combustion residuals permit program meets the standard for approval under the Resource Conservation and Recovery Act.
EPA accepted comments on this proposal through November 3, 2025. Read a copy of the published Federal Register notice.
Docket
You can find the repository of documents for this notice, including the Wyoming application, public comments submitted, the response to comments document and other supporting materials in the docket EPA-HQ-OLEM-2025-0221 on Regulations.gov.
Completeness Letter
On August 28, 2025, EPA took the first step in the process of making a determination of whether to approve WDEQ's CCR permit program by notifying WDEQ that their application is complete and that the formal process of soliciting public comment and making a final determination on Wyoming's CCR permit program will begin.
Public Hearing
EPA held a hybrid in-person and online public hearing about this proposed approval on October 30, 2025. The hearing took place in person at the Wyoming State Capitol, Capitol Extension, 200 West 24th Street, Cheyenne, WY 82001 in the Wind River Basin Room (also known as PMR 4).