EPA proposes major changes to coal combustion residuals rules

The Environmental Protection Agency (EPA) published a proposed rule on April 13, 2026, to revise the existing regulations governing the disposal of coal combustion residuals (CCR) in landfills and surface impoundments as well as the beneficial use of CCR.

Who’s impacted?

The proposed rule affects coal-fired electric utilities and independent power producers subject to the CCR disposal and beneficial use regulations at 40 CFR Part 257.

What are the changes?

Significant changes the EPA proposes include:

• Adding an option for facilities to certify the closure of legacy CCR surface impoundments by CCR removal that were closed before November 8, 2024, under regulatory oversight;
• Expanding the eligibility criteria for facilities to defer CCR closure requirements until site-specific determinations are made for legacy surface impoundments that were closed before November 8, 2024, under regulatory oversight;
• Exempting CCR dewatering structures (used to dewater CCR waste for the disposal of CCR elsewhere) from federal CCR regulations (Part 257);
• Rescinding all CCR management unit (CCRMU) requirements or revising the existing CCRMU regulations;
• Allowing permit authorities to make site-specific determinations regarding certain requirements during permitting for CCR units complying with federal CCR groundwater monitoring, corrective action, and closure requirements under a federal or an approved-state CCR permit; and
• Revising the beneficial use requirements by:
  • Removing the environmental demonstration requirement for non-roadway use of more than 12,400 tons of unencapsulated CCR; and
  • Excluding these beneficial uses from federal CCR regulations (Part 257):
    • CCR used in cement manufacturing at cement kilns,
    • Flue gas desulfurization (FGD) gypsum used in agriculture, and
    • FGD gypsum used in wallboard.

Key to remember: EPA plans to make significant amendments to the coal combustion residuals requirements.