What: On June 12, 2026, the U.S. Environmental Protection Agency (EPA) extended the comment period for several proposed revisions to existing coal combustion residuals (CCR) disposal regulations.
Why: CCRs are primarily produced from burning 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 in structural fill applications.
Specifically, the EPA has proposed to:
- Create an additional option for facilities to certify closure of legacy CCR surface impoundments by removing CCR, provided they completed these closures prior to November 8, 2024, and under the oversight of regulatory authorities.
- Modify or remove criteria that facilities with legacy surface impoundments closed prior to November 8, 2024, must currently meet for deferral eligibility from compliance with CCR unit closure standards until permit authorities make site-specific decisions.
- Exempt certain structures primarily used to dewater CCR waste that facilitate disposal of the CCR elsewhere from current regulations.
- Rescind all CCR management unit requirements and accept comments on alternative approaches.
- Establish an alternative compliance pathway for CCR units 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.
Action: Read the proposed rule and submit comments before the June 29, 2026, deadline.
COMMENT PERIOD EXTENSION NOTICE:
PROPOSED RULE:
CONTACT:
Nick Goldstein
EMAIL:
Regulatory Alerts
TAG(S):
EPA
Access our Regulatory Alerts to view and submit comments on important proposed regulations.