EPA Approves Wyoming’s Coal Combustion Residuals Permit Program

DENVER – Today, United States Environmental Protection Agency (EPA) announced the final approval of Wyoming’s partial coal combustion residuals (CCR) program. This will allow Wyoming, rather than the federal government, to permit CCR disposal in surface impoundments and landfills. 

“Today’s approval is cooperative federalism in action,” said EPA Administrator Lee Zeldin. “By empowering state experts to manage their own resources, landscapes, facilities, and communities, Wyoming will use its local expertise to protect the environment and promote economic growth. This approval highlights how collaboration between EPA and states can drive American energy growth, generate employment, and Power the Great American Comeback.” 

“Wyoming has been America’s leader in coal production for nearly 40 years, and at a time when energy security is front and center, that leadership matters more than ever,” said EPA Regional Administrator Cyrus Western. “This approval strengthens our ability to deliver reliable baseload power for the nation while boosting energy independence and economic stability, allowing Wyoming to continue balancing strong environmental safeguards with the economic benefits coal provides to communities.” 

“For America to be energy dominant, we need Wyoming coal,” said Senator John Barrasso (R-WY). “I applaud the Environmental Protection Agency for recognizing that Wyoming is best positioned to manage coal ash – not Washington. With this final approval, Wyoming workers and Wyoming coal will continue to be a major source of power for our nation now and far into the future.”     

“The Trump administration has done more to unleash Wyoming’s coal industry than any other administration in a generation, and today’s announcement is yet another example of the commitment to unleash American energy in action,” said Senator Cynthia Lummis (R-WY). “By returning permitting authority to the state, where it belongs, the EPA is trusting Wyoming’s experts to manage Wyoming’s resources—and that’s exactly how it should work. This is a great day for Wyoming’s coal communities, our economy, and for every American who depends on the reliable, affordable energy the Cowboy State produces.” 

“Wyoming coal keeps America warm every winter and cool in the summer. Recent freezes nationwide once again demonstrated the need to support Wyoming’s coal industry as America’s top producer of this life-saving resource,” said Representative Harriet Hageman (R-WY). “The EPA’s order to release federal authority to the state is an important step to clearing barriers for prosperity and reinforcing the power grid. President Trump’s energy dominance agenda runs on Wyoming coal. I am proud to see the Trump EPA become a partner with the kind of cooperative federalism that will lead to a cleaner environment and a brighter future.” 

CCR is produced primarily as a byproduct from burning coal in coal-fired power plants. EPA worked closely with Wyoming to assess the state's program application, gaining valuable insights into how the state will implement its program within its borders. After reviewing Wyoming Department of Environmental Quality’s application, EPA determined that its application meets the standards for approval. With this approval, Wyoming is the fifth state in the nation, joining Oklahoma, Georgia, Texas, and North Dakota, to take control of their CCR permitting and oversight.    

EPA is committed to cooperative federalism, empowering states to lead on local issues with strong federal support. EPA will be proposing decisions for at least four states and is working with several other states to propose additional decisions later this year. EPA stands ready to work with all states to help craft approvable CCR permit programs, from initial conversations to final approvals, to deliver for the American people. 

For more information about this approval, visit the Wyoming CCR permit program webpage.   

Background 

CCR is a byproduct of burning coal in coal-fired power plants that, without proper management, can pollute waterways, groundwater, drinking water and the air. CCR contains contaminants like mercury, cadmium, chromium and arsenic associated with cancer and other health effects.   

EPA issued a final rule in April of 2015 regulating CCR under the Resource Conservation and Recovery Act (RCRA) and establishing minimum national standards governing the disposal of CCR from electric utilities in landfills and surface impoundments. At the time the CCR rule was issued, EPA did not have authority under RCRA to approve state permit programs for CCR units. Instead, utilities were responsible for directly implementing the requirements of EPA’s 2015 CCR rule, which were enforceable only through citizen suits.  

Congress recognized the essential role of the states in its passage of the 2016 Water Infrastructure Improvements for the Nation Act. Among other changes, the Act amended RCRA to provide EPA with authority to approve state permit programs to operate in place of the federal regulations, provided the state requirements meet the federal standards. Applications must provide evidence of permit programs or other systems of prior approval and show that state requirements will be as protective as the federal regulations. Once approved, the state permit programs operate in place of the federal program for CCR disposal.