Coal Combustion Residual (CCR)
Enforcement Actions
Electronic Document Submittal
Rules and Regulations
CCR Permit Program
Coal Combustion Residuals (CCR) is a solid waste that is generated from the combustion of coal at coal-fired power plants and is typically managed in a surface impoundment, a landfill, or beneficial reused into products like concrete. CCR is regulated as a nonhazardous waste under at the Environmental Protection Agency (EPA) under Subtitle D of the Resource Conservation and Recovery Act. Wyoming Department of Environmental Quality (WDEQ) is currently seeking primacy from EPA.
In response to a dike failure in 2008 in Kingston, Tennessee that released coal ash into the surrounding area, the Environmental Protection Agency (EPA) proposed the first national regulations for CCR on June 21, 2010. After receiving public comments, EPA finalized those regulations on December 19, 2014 (published in the Federal Register on April 17, 2015). Originally, the federal regulations were self-implementing and enforceable through citizen suits. Essentially, EPA did not require permits for CCR landfills and surface impoundments at coal fired power plants. On December 16, 2016, the Water Infrastructure Improvements for the Nation’s Act (WIIN Act) was signed by the President. The WIIN Act affected the federal CCR regulations in three ways:
- Amended RCRA Subtitle D regulations to allow for States to obtain primacy for CCR permit Programs;
- Directed EPA to develop its own CCR permit program; and
- Gave enforcement authority to EPA.
The WDEQ decided to pursue primacy from EPA for a CCR permit program. Below is a timeline of the road to primacy.
Staff
Map
What is CCR?
Coal Combustion Residuals (CCR) is a solid waste that is generated from the combustion of coal at coal-fired power plants and is typically managed in a surface impoundment, a landfill, or beneficial reused into products like concrete.
Who does the Wyoming Coal Combustion Residual (CCR) Permit Program apply to?
The Wyoming CCR Permit Program requires the owners of facilities that dispose of CCR in landfills and surface impoundments at coal fired power plants to obtain a permit.
What does EPA’s proposed approval mean for Wyoming’s CCR Permit Program?
The proposed approval means EPA has reviewed and determined that Wyoming’s CCR Permit Program includes all the required elements of a state program including requirements for location restrictions, design and operating criteria, groundwater monitoring and corrective action, closure requirements and post-closure care, record keeping, notification and internet posting requirements that EPA determines to be at least as protective as the Federal criteria.
What are the next steps for Wyoming’s CCR Permit Program?
EPA will hold a public hearing on the proposed decision on October 30, 2025. EPA will respond to public comments once the public hearing is held and the public comment period closes on November 3, 2025. EPA will then make a final decision on Wyoming’s CCR Permit Program that will be published in the Federal Register.
April 17, 2015
EPA published the first national regulations for CCR in the Federal Register.
April 17, 2015
June 25, 2019
WDEQ’s first presentation to Water and Waste Advisory Board (WWAB) Solid Waste Management Rule (SWR) Chapter 18 Disposal of Coal Combustion Residuals in Landfills and Surface Impoundments (Chapter 18).
June 25, 2019
October 17, 2019
WDEQ’s second presentation to WWAB Solid Waste Management Rule Chapter 18.
October 17, 2019
August 28, 2020
EPA finalized revisions to the federal rule and WDEQ revised SWR Chapter 18.
August 28, 2020
November 12, 2020
EPA finalized a second set of revisions to the federal rule and WDEQ revised SWR Chapter 18 again.
November 12, 2020
December 21, 2021
WDEQ’s third presentation to WWAB Solid Waste Management Rule Chapter 18.
December 21, 2021
June 14, 2022
WDEQ presented to the Environmental Quality Council SWR Chapter 18.
June 14, 2022
August 19, 2022
Solid Waste Management Rule Chapter 18 signed by Governor Mark Gordon.
August 19, 2022
February 6, 2023
WDEQ submitted the State CCR Permit Program Application to EPA Region 8.
February 6, 2023
August 28, 2025
EPA Administrator Zeldin signed a proposed approval of Wyoming’s CCR Permit Program.
August 28, 2025
October 30, 2025
EPA hosts a public hearing on their proposed approval.
October 30, 2025