Louisiana: Approval of State Coal Combustion Residuals Permit Program
Key claim: The EPA is proposing to approve Louisiana’s partial Coal Combustion Residuals permit program under RCRA, which would allow the state program to operate in lieu of the federal CCR program.
Abstract
(Proposed Rule · Environmental Protection Agency) The Environmental Protection Agency (EPA or the Agency) is proposing to approve the Louisiana 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 Louisiana Department of Environmental Quality (LDEQ), EPA has preliminarily determined that Louisiana’s CCR permit program meets the standard for partial approval under RCRA. If approved, Louisiana’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 virtual public hearing on EPA’s preliminary approval of Louisiana’s partial CCR permit program.
Why this matters
State assumption of CCR permitting shifts day-to-day oversight of coal ash disposal — a major legacy waste stream from coal-fired power — from EPA to state regulators, which can affect closure/cleanup schedules, groundwater protection requirements, and utility compliance costs. Partial approvals create a hybrid regime where federal and state rules both apply, an increasingly common pattern as more states seek delegation. The practical stringency depends on whether the state program tracks federal minimums or adds site-specific conditions.