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Location
Lexington, Kentucky
Start Date
5-5-2026 3:00 PM
End Date
5-5-2026 3:30 PM
Description
State Permitting Program Update Jessica L. Reiss, Barnes & Thornburg LLP, 11 South Meridian Street, Indianapolis, IN 46204 KEYWORDS: states, permitting, permit program, rulemaking ABSTRACT At the end of 2016, the United States Congress authorized states to establish permit programs for coal combustion residuals (CCR) surface impoundments and landfills.[1] Since then, several states have established such programs, and the United States Environmental Protection Agency (U.S. EPA) has approved programs for Oklahoma,[2] Georgia,[3] Texas,[4] and North Dakota,[5] proposed approval for Wyoming,[6] and denied approval for Alabama.[7] Other states, such as Indiana,[8] are actively working through the state rulemaking process and plan to submit their programs for approval in 2026. In addition, some state legislatures have enacted state laws limiting the state agencies’ authority with respect to CCR permitting.[9] This session summarizes the status of state permit programs for CCR surface impoundments and landfills. Differences and similarities between state programs are highlighted. Timing of U.S. EPA approval is provided and negotiations between state agencies and U.S. EPA (to the extent they are public) are described. REFERENCES [1] Water Infrastructure Improvements for the Nation Act, Pub. L. No. 114–322 § 2301, 130 Stat. 1628, 1736 (2016) (codified at 42 U.S.C. 6945(d)(1)). [2] 83 Fed. Reg. 30356 (June 28, 2018). [3] 85 Fed. Reg. 1269 (Jan. 10, 2020). [4] 86 Fed. Reg. 33892 (June 28, 2021). [5] 90 Fed. Reg. 51168 (Nov. 17, 2025). [6] 90 Fed. Reg. 42347 (Sep. 2, 2025). [7] 89 Fed. Reg. 48774 (June 7, 2024). [8] 20251105-IR-329210458APA (Nov. 5, 2025), https://iar.iga.in.gov/register/20251105-IR-329210458APA. [9] Ohio Rev. Code § 3734.48(B); Ind. Code § 13-19-3-3.
Document Type
Presentation
Archival?
Archival
Included in
Energy Systems Commons, Environmental Indicators and Impact Assessment Commons, Environmental Monitoring Commons, Mining Engineering Commons, Oil, Gas, and Energy Commons, Structural Materials Commons, Sustainability Commons
State Permitting Program Update
Lexington, Kentucky
State Permitting Program Update Jessica L. Reiss, Barnes & Thornburg LLP, 11 South Meridian Street, Indianapolis, IN 46204 KEYWORDS: states, permitting, permit program, rulemaking ABSTRACT At the end of 2016, the United States Congress authorized states to establish permit programs for coal combustion residuals (CCR) surface impoundments and landfills.[1] Since then, several states have established such programs, and the United States Environmental Protection Agency (U.S. EPA) has approved programs for Oklahoma,[2] Georgia,[3] Texas,[4] and North Dakota,[5] proposed approval for Wyoming,[6] and denied approval for Alabama.[7] Other states, such as Indiana,[8] are actively working through the state rulemaking process and plan to submit their programs for approval in 2026. In addition, some state legislatures have enacted state laws limiting the state agencies’ authority with respect to CCR permitting.[9] This session summarizes the status of state permit programs for CCR surface impoundments and landfills. Differences and similarities between state programs are highlighted. Timing of U.S. EPA approval is provided and negotiations between state agencies and U.S. EPA (to the extent they are public) are described. REFERENCES [1] Water Infrastructure Improvements for the Nation Act, Pub. L. No. 114–322 § 2301, 130 Stat. 1628, 1736 (2016) (codified at 42 U.S.C. 6945(d)(1)). [2] 83 Fed. Reg. 30356 (June 28, 2018). [3] 85 Fed. Reg. 1269 (Jan. 10, 2020). [4] 86 Fed. Reg. 33892 (June 28, 2021). [5] 90 Fed. Reg. 51168 (Nov. 17, 2025). [6] 90 Fed. Reg. 42347 (Sep. 2, 2025). [7] 89 Fed. Reg. 48774 (June 7, 2024). [8] 20251105-IR-329210458APA (Nov. 5, 2025), https://iar.iga.in.gov/register/20251105-IR-329210458APA. [9] Ohio Rev. Code § 3734.48(B); Ind. Code § 13-19-3-3.
