The EPA has proposed a rule that would require only “high hazard” coal ash disposal sites to seek permits immediately under its Resource Conservation and Recovery Act (“RCRA”) rule establishing a nationwide permit program for disposal facilities.  Other, less high priority sites will have permitting requirements deferred to an unspecified point in the future.  The EPA’s program will apply in all states other than those authorized to administer their own programs.  So far, only two states have received approval from the EPA to administer the programs – Oklahoma and Georgia.  Under the nationwide rule, there will be three types of federal permits for storage of waste ash:  “individual permits” for existing ash storage sites at a single facility; “general permits” that apply to similar disposal sites at facilities across the country; and “permits by rule” which are standardized approvals available to new facilities that meet all of the 2015 technical, location and groundwater protection criteria.

For more information, please contact Phillip Hoover.