EPA Hands Wyoming Control Over Coal Ash Regulation
The Environmental Protection Agency has officially approved Wyoming's partial coal combustion residuals (CCR) permit program, effective March 30, 2026. This means Wyoming's Department of Environmental Quality (WDEQ) will now oversee coal ash disposal regulations for most facilities in the state — operating in place of the federal program under the Resource Conservation and Recovery Act (RCRA).
Key Points
- What: EPA approved Wyoming's partial state-run permit program for coal combustion residuals (fly ash, bottom ash, boiler slag, and flue gas desulfurization materials) disposal.
- Who: Owners and operators of coal ash landfills and surface impoundments in Wyoming; electric utilities and independent power producers.
- When: Effective March 30, 2026.
- Impact: Wyoming's state rules replace most federal CCR requirements for in-state facilities, but certain federal provisions remain directly enforceable where Wyoming's program does not cover them.
What Changed — and What Didn't
Wyoming submitted its partial CCR permit program application to EPA in February 2023, after years of collaboration between WDEQ and EPA Region 8 dating back to 2019. EPA proposed approval in September 2025 and is now finalizing it.
With approval, Wyoming's state program operates in lieu of the federal CCR regulations for the provisions it covers. That means:
- Facilities must comply with Wyoming's Solid Waste Rules (SWR) Chapter 18 and obtain a state permit from WDEQ.
- State-issued permits provide a permit shield — once a final permit is issued, the permit's specific terms become the enforceable requirements rather than the underlying federal or state regulations.
- WDEQ has authority to issue, modify, suspend, revoke, or deny permits and can conduct compliance monitoring and enforcement.
However, because this is a partial program, Wyoming's approval does not cover every aspect of the federal CCR rules. Facilities remain responsible for complying with any federal CCR requirements in 40 CFR Part 257, Subpart D that Wyoming's program does not address.
Key Permitting Requirements Under Wyoming's Program
- Existing CCR landfills must submit permit renewal applications no later than 12 months before their current permit expires.
- Existing CCR surface impoundments must submit new permit applications within 12 months of the state rule's effective date.
- Closure permits must be filed 12 months before the facility's existing permit expires or the anticipated closure date, whichever comes first.
- Permits for operating facilities cover the full operating life through post-closure care; closure permits include at least a 30-year post-closure term.
- WDEQ must complete technical review within 90 days of a complete application and must consider public comments during that process.
EPA's Ongoing Role
Approval doesn't mean EPA steps away entirely. EPA can still:
- Enforce any federal CCR requirements not covered by Wyoming's approved program.
- Step in with enforcement actions if Wyoming requests help or if EPA determines action is necessary.
- Review Wyoming's program at least every 12 years, within 3 years of any federal rule revision, and within 1 year of any significant unauthorized release.
What You Should Do
If you own or operate a coal ash facility in Wyoming, act now:
- Identify your permit timeline. Determine whether you need to file a renewal, new, or closure permit application and calculate your 12-month deadline.
- Review Wyoming's SWR Chapter 18 to understand which state rules now apply to your facility.
- Do not assume full federal exemption. Confirm which federal CCR provisions fall outside Wyoming's partial program — those remain directly enforceable against your facility.
- Consult your environmental compliance team to map out any gaps between your current compliance posture and Wyoming's approved requirements.
This rule does not affect F-1 students or H-1B visa holders — it is an environmental regulatory action with no immigration implications.