What: On May 28, 2026, the U.S. Environmental Protection Agency (EPA) announced it would reopen the comment period on a 2020 proposed rule to establish a federal coal combustion residuals (CCR) disposal permit program.
Why: In 2020, the EPA proposed a rule establishing requirements and procedures to issue federal permits for CCR disposal management. The comment period closed in August of 2020, but the rule was never finalized. Now, the EPA is re-opening the 2020 proposed rule’s comment period.
The agency has specifically asked for input in the following areas:
- The estimated timeframes to compile materials needed under the various proposals discussed in the EPA’s 2026 Proposed Rule on CCR disposal.
- Shortening the deadline for the first tier of permit applications to the effective date of the final permitting rule, which would be six months after publication in the Federal Register.
- Implementing an electronic permitting process for both EPA-issued CCR permits as well as for states that are implementing the CCR permitting program in lieu of the EPA.
In addition to these areas, the EPA is seeking comments on all other aspects of the 2020 proposed rule.
Action: Read the notice reopening the comment period and submit comments before the June 29, 2026, deadline.
2020 PROPOSED RULE:
2026 PROPOSED RULE:
REOPENING OF COMMENT PERIOD:
CONTACT: Nick Goldstein
EMAIL: nick.goldstein@sba.gov
TAG(S): EPA
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