The U.S. EPA’s Coal Combustion Residuals (CCR) Rule became effective on October 19, 2015. Informally known as the “CCR Rule,” these regulations apply to electric utilities and independent power producers that dispose of CCR in landfills or surface impoundments. The CCR Rule was originally self-implementing, meaning facilities were responsible for meeting the requirements without a federal or state permit program. However, Congress’ passage of the 2016 Water Infrastructure Improvements for the Nation Act (WIIN Act) authorized the U.S. EPA or a state to implement a permit program to create an enforceable CCR permit program. Indiana’s 2021 Senate Enrolled Act 271 directed IDEM to develop a state-run program which is now underway.
During the state CCR permit program development, IDEM is continuing to review closure applications under existing authorities. For surface impoundments not subject to 40 CFR 257, Subpart D, closure is subject to IDEM approval under 329 IAC 10-3-1(9). For surface impoundments that are subject to 40 CFR 257, Subpart D, closure is subject to IDEM approval under 329 IAC 10-9-1(c), which partially incorporates 40 CFR 257, Subpart D.
The federal CCR Rule requires utilities to post CCR-related reports on their own websites. Links to these websites are provided at the bottom of this page. Documents related to IDEM approvals and inspections are available on IDEM’s Virtual File Cabinet, which is IDEM’s repository for public records.
CCR Fact Sheets are available on the IDEM Fact Sheets page, or you can search for more information about coal ash on the U.S. EPA website. The CCR Rule is found in 40 CFR 257, Subpart D.
Public Involvement
Public involvement requirements for CCR surface impoundments and landfills are found in 329 IAC 10. When a public comment period, public informational meeting and/or public hearing are scheduled, IDEM will post notices on the IDEM Public Notices site.
CCR Fact Sheets are available on the IDEM Fact Sheets page. Additional information about CCR can be found on the U.S. EPA website. The federal CCR Rule is located at 40 CFR 257, Subpart D.
Indiana CCR Rulemaking and Permit Program Development
Indiana has been updating its rules to align with federal CCR requirements and to create a state-run permit program. Key steps in this process are summarized below.
On February 10, 2016, the Environmental Rules Board adopted an emergency rule incorporating the U.S. EPA CCR Rule requirements for CCR surface impoundments into 329 IAC 10. The amendments went through a full rule writing process and became permanent on December 10, 2016. With limited exceptions, the federal CCR surface impoundment requirements are incorporated at 329 IAC 10-9-1(b) and (c).
On February 23, 2017, IDEM submitted the Indiana Coal Combustion Residuals Part 256 Solid Waste Management Plan Amendment to U.S. EPA for approval (see IDEM: Managing Waste: Disposal History and Former Rules for additional information). The plan addressed only CCR and outlined Indiana’s approach to updating its regulations and seeking authorization for a state permit program. The U.S. EPA approved the plan on March 7, 2017.
After receiving U.S. EPA approval of the updated Solid Waste Management Plan, IDEM began the rulemaking process to update 329 IAC 10 to include CCR. During this process, it was determined that CCR requirements should be placed in a new article, 329 IAC 14. Public comment notices were issued in 2021, 2022, 2023, and 2024. The rules were preliminarily adopted on December 11, 2024. Following an additional comment period in November 2025, the rules were final adopted by the Environmental Rules Board on December 18, 2025. Under IC 13-19-3-3(d) and (g), the new rules will be effective when U.S. EPA approves Indiana’s CCR permit program under 42 U.S.C. 6945(d)(1).
Documents related to the Indiana CCR rulemaking can be found on the Indiana Register under LSA Document #21-458, including draft rules and responses to comments. The current official versions of the rules are available in the Indiana Administrative Code at: https://iar.iga.in.gov/code/current/329/14.
IDEM submitted its application for U.S. EPA approval of the Indiana CCR Permit Program on June 26, 2026. Once U.S. EPA determines the application is complete, a federal public comment period will begin, and U.S. EPA will have 180 days to issue a decision. U.S. EPA’s state permit program review process is described on its website at: https://www.epa.gov/coal-combustion-residuals/permit-programs-coal-combustion-residual-disposal-units
Compliance at Indiana’s Power Plants
To review CCR compliance reports submitted by Indiana power plants to comply with the federal CCR Rule, visit their websites:
- American Electric Power:
- Duke Energy:
- Cayuga Generating Station
- Gallagher Generating Station
- Gibson Generating Station
- Wabash River Generating Station
- Hallador Energy Company:
- Hoosier Energy
- Indiana-Kentucky Electric Co.:
- Indianapolis Power and Light (AES):
- Northern Indiana Public Service Co. (NIPSCO):
- Richmond Power and Light:
- CenterPoint Energy:
Subscriptions
To receive updates when new CCR information is posted on IDEM’s website, subscribe on the IDEM Subscription Sign Up page and select ‘Coal Combustion Residuals (CCR)’.
