Executive Summary
EPA is running simultaneous actions to move coal combustion residuals permitting out of a self-implementing federal framework and into state-administered programs. Five states have fully approved programs. Virginia and Louisiana have proposed approvals under active comment. A sixth and seventh could finalize before year-end. Alongside the state program approvals, EPA proposed amendments in April 2026 that would relax requirements for legacy coal ash sites, ease beneficial reuse pathways, and allow site-specific groundwater monitoring flexibility. Both sets of actions give electric utilities and industrial generators of coal ash more predictable permitting structures and better protection against citizen suits, but the details vary significantly by state and site.
What Happened
EPA is running several parallel actions on coal combustion residuals, or CCRs. On May 27, 2026, EPA reopened the comment period on its 2020 proposed federal CCR permit program, accepting additional feedback through June 29, 2026. This proposed program would allow EPA to issue lifetime permits for coal ash surface impoundments and landfills in states that do not have their own approved programs.
On April 9, 2026, EPA published proposed amendments to the legacy CCR and CCR management unit regulations, also with a comment period through June 29, 2026 (extended 17 days from the original…
