What: On April 17, 2026, the U.S. Environmental Protection Agency (EPA) proposed several revisions to existing coal combustion residuals (CCR) disposal regulations.
Why: CCRs are produced primarily from the burning of coal in coal-fired power plants and include by-products produced from burning coal. They are primarily disposed of in a landfill or surface impoundment. Some CCRs can be beneficially reused in various industrial processes, including cement and concrete manufacturing, wallboard production, and shingles, or they can be reused in structural fill applications.
EPA is proposing several revisions to the way CCRs are disposed of, including:
- Creating an additional option for facilities to certify closure of legacy CCR surface impoundments by removal of CCR, provided they completed these closures prior to November 8, 2024, and under the oversight of regulatory authorities.
- Modifying or removing three of the criteria that facilities with legacy surface impoundments closed prior to November 8, 2024, must currently meet to be eligible for the deferral from complying with the CCR unit closure standards until site-specific decisions are made by permit authorities.
- Exempting certain structures primarily used to dewater CCR waste that facilitates disposal of the CCR elsewhere from current regulations.
- Rescinding all CCR management unit requirements and accepting comments on alternative approaches.
- Establishing an alternative compliance pathway for CCR units complying with groundwater monitoring, corrective action, and closure requirements under federal or approved-state CCR permits.
- Revising the definition of beneficial use by eliminating the requirement for an environmental demonstration for the non-roadway use of more than 12,400 tons of unencapsulated CCR on land.
EPA will be holding webinars on April 15th and 16th to provide an overview of the proposal. Additionally, the agency will be holding a virtual public hearing on May 28, 2026.
Action: Read the proposed rule and submit comments before the June 12, 2026, deadline.
SUBMIT COMMENTS TO THE PROPOSED RULE:
REGISTER FOR THE APRIL 15th WEBINAR:
Legacy/CCRMU Amendments Proposed Rule Overview
REGISTER FOR THE APRIL 16th WEBINAR:
Legacy/CCRMU Amendments Proposed Rule Overview
REGISTER FOR THE MAY 28th VIRTUAL PUBLIC HEARING:
U.S. EPA Online Public Hearing on the Proposed Legacy/CCRMU Amendments Rule
CONTACT: Nick Goldstein
EMAIL: nick.goldstein@sba.gov
Is your small business or entity being impacted by a proposed rule? If yes, write a comment letter to the proposing agency.