Proposed rule 2026-11312

EPA proposes to approve Louisiana coal-ash (CCR) permit program — state to run it in lieu of the federal program (RCRA)

Environmental Protection Agency Published Jun 5, 2026 91 FR 34189

The EPA proposes to approve Louisiana's Coal Combustion Residuals (CCR, i.e., coal ash) partial permit program under RCRA. If approved, the state program would operate in lieu of the federal CCR program (with specified exceptions). EPA opens a 60-day comment period and a hybrid public hearing.

Document overview (primary data)

  • Document typeProposed rule
  • AgencyEnvironmental Protection Agency
  • Citation91 FR 34189

Key points

  • EPA proposes to approve Louisiana coal-ash (CCR) partial permit program
  • CCR is residue from burning coal; disposal/storage is regulated under RCRA
  • EPA preliminarily finds the state (LDEQ) program meets the partial-approval standard
  • If approved, the state program runs in lieu of the federal CCR program (with exceptions)
  • 60-day comment period plus a hybrid public hearing
  • If approved, Louisiana CCR permit program would operate in lieu of the federal programme.

EPA published a proposed rule to approve Louisiana's coal-ash (CCR) permit program.

1What coal combustion residuals are

CCR (coal combustion residuals, i.e., coal ash) is the ash and residue left after burning coal at coal-fired power plants. Because it can contain hazardous substances, its disposal and storage are regulated under the Resource Conservation and Recovery Act (RCRA).

2Reviewing the state program

EPA reviewed the CCR permit-program application submitted by the Louisiana Department of Environmental Quality (LDEQ) and preliminarily determined that the state's program meets the standard for partial approval under RCRA. If approved, Louisiana's CCR permit program would operate in lieu of the federal CCR program, except for specified provisions — meaning the state would permit and oversee CCR facilities in place of the federal government.

3A 60-day comment period and hearing

EPA is providing a 60-day public comment period and will hold a hybrid (in-person and virtual) public hearing.

4Run federally, or run by the state

US environmental regulation widely uses a framework delegating operation to states that meet federal standards.

The federal CCR programmeAn approved state programme
EPA carries permitting and oversightThe state carries it in lieu of the federal programme
Operation is uniform nationallyOperation can sit closer to local conditions
Standards are set by RCRAMeeting those same standards is the condition of approval

Coal combustion residuals are the ash and other residues left after burning coal in power generation; they can contain hazardous substances, so their disposal and storage are regulated. EPA reviewed the application submitted by the Louisiana Department of Environmental Quality and preliminarily determined it meets the criteria for partial approval. A 60-day comment period and a hybrid public hearing are provided.

Why it matters

An example of the federal-state division of roles in U.S. environmental regulation (state program approval). For those in coal power, waste management, and environment, a useful read on which body operates the program.

FAQ

What is CCR (coal ash)?
Coal combustion residuals — the ash/residue from burning coal at power plants. It can contain hazardous substances, so disposal/storage is regulated under RCRA.
What does "state runs it" mean?
Program operation is delegated to a state that meets federal standards. If approved, the state program applies in lieu of the federal one, except for specified provisions.

Sources (primary)

Source: Federal Register (federal documents, public domain). Links go to the official site.

#EPA#Coal ash#CCR#RCRA#Environmental regulation
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