Indiana: Approval of State Coal Combustion Residuals Permit Program
Key claim: EPA is proposing to let Indiana run most of its own coal-ash disposal permit program in place of the federal program, and is taking 60 days of public comment before deciding.
Abstract
(Proposed Rule · Environmental Protection Agency) The Environmental Protection Agency (EPA or the Agency) is proposing to approve Indiana’s Coal Combustion Residuals (CCR) partial permit program under the Resource Conservation and Recovery Act (RCRA). After reviewing the CCR permit program application submitted by the Indiana Department of Environmental Management (IDEM), EPA has preliminarily determined that Indiana’s CCR permit program meets the standard for partial approval under RCRA. If approved, Indiana’s CCR permit program will operate in lieu of the Federal CCR program, with the exception of the specific provisions noted below. EPA is seeking comment on this proposal during a 60-day public comment period and will hold a hybrid in-person and online public hearing on EPA’s preliminary approval of Indiana’s partial CCR permit program.
Why this matters
Indiana joins Alabama and Wisconsin in a growing line of state-level CCR permit program approvals, reflecting EPA’s steady transfer of day-to-day coal-ash disposal oversight to state agencies. The practical effect for utilities and communities near coal plants is that permitting, inspection, and enforcement will primarily run through the state rather than EPA, with federal CCR rules still governing specified provisions.