What: On July 14, 2026, the U.S. Environmental Protection Agency (EPA) requested information on the possibility of a general permit program for coal combustion residual (CCR) disposal facilities that are waiting for individual federal or state permits.
Why: On April 13, 2026, the EPA proposed a rule to establish new compliance pathways for CCR disposal facilities. If the EPA adopts these provisions, these pathways would be available upon promulgation of a final rule to facilities seeking a federal permit. They would not be available for facilities located in participating states (those with an EPA-approved CCR permit program) until the state adopts these provisions into its regulations and the EPA approves the revision. In some states, this process can take years.
To mitigate this possible delay, the EPA is considering whether a general permit could be developed to allow owners or operators of CCR facilities to temporarily obtain permit coverage until their state CCR permit program incorporates these new pathways and is approved.
As the EPA evaluates the possibility of a general permit, the agency is seeking comments on:
- Whether the use of general permits would be effective and appropriate in this circumstance.
- Whether there are categories of CCR units for which general permits may be appropriate.
- Whether the EPA should issue multiple general permits or one general permit for which different categories of facilities may be eligible.
- What information should be included in the application for coverage.
- Whether public comment on individual applications for a general permit is appropriate.
- Whether the EPA should be required to issue a determination that coverage under a general permit is appropriate for a particular CCR unit.
- The scope or details of the terms of the general permit.
If the EPA decides to establish a general permit, it would be done through a new rulemaking.
Action: Read the proposed rule and submit comments before the October 13, 2026, deadline.
Is your small business or entity being impacted by a proposed rule? If yes, write a comment letter to the proposing agency.