On October 19, 2015, a new U.S. EPA regulation titled Standards for the Disposal of Coal Combustion Residuals in Landfills and Surface Impoundments became effective. Informally known as the “CCR Rule,” these regulations apply to electric utilities and independent power producers that dispose of coal combustion residuals (CCR) in landfills and surface impoundments. The CCR Rule was originally written to be “self-implementing” because the U.S. EPA was not authorized under federal law to enforce the program. This changed in 2016 with Congress’ passage of the Water Infrastructure Improvements for the Nation Act (WIIN Act), which authorizes the U.S. EPA or a state to implement a permit program to enforce the CCR Rule, IDEM is currently working on developing a state CCR permit program under the WIIN Act as per 2021 Senate Bill 271.
IDEM is continuing to review closure applications under applicable 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.
Utilities are required to post documents and reports relative to the requirements of the CCR Rule to a website they maintain. Links to these websites are provided at the bottom of this page.
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.
Indiana CCR Regulations
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 in the emergency rule went through a full rule writing process and became permanent on December 10, 2016. With limited exceptions, the U.S. EPA CCR Rule requirements for CCR surface impoundments are incorporated at 329 IAC 10-9-1(b) and (c). A copy of IDEM's second draft CCR Rule and information regarding the associated comment period may be found on the Indiana Register at the following link: 20230118-IR-329210458SCA.xml.pdf (in.gov)
As noted above, IDEM reviews CCR closure applications under applicable 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. For CCR landfills, closure is subject to state standards in 329 IAC 10.
Coal Combustion Residuals Rulemaking
A Continuation of Second Notice of Comment Period (Continuation) was published on January 18, 2023, in the Indiana Register (DIN: 20230118-IR-329210458SCA) concerning amendments to rules at 329 IAC 10-3-1, 329 IAC 10-3-4, and 329 IAC 10-9-1, and the addition of a new article at 329 IAC 14, concerning the establishment of a state permitting program for coal combustion residuals (CCR). The Continuation stated that IDEM “is providing an additional sixty (60) days for submission of comments on the rulemaking.” As the previous comment deadline was January 20, 2023, an additional sixty (60) days would establish the new comment deadline as March 21, 2023. However, the Continuation went on to state, “All comments must be postmarked or time stamped not later than March 19, 2023.” (March 19 is sixty (60) days after publication of the Continuation.) IDEM acknowledges the inconsistency and hereby notifies the public that IDEM will consider and respond to comments postmarked or time stamped not later than March 21, 2023.
Public Involvement
329 IAC 10 governs public involvement in the closure of CCR surface impoundments and landfills. When a public informational meeting is to be held, IDEM will post information regarding the meeting and the public comment period on the IDEM Public Notices site.
Compliance at Indiana’s Power Plants
If you want to review the reports submitted by Indiana power plants to comply with the U.S. EPA CCR Rule, visit their websites:
- American Electric Power:
- Duke Energy:
- Hoosier Energy:
- Indiana-Kentucky Electric Co.:
- Indianapolis Power and Light:
- Northern Indiana Public Service Co.:
- Richmond Power and Light:
- Vectren:
Subscriptions
Do you want to know about new CCR information as soon as it is posted? You can subscribe to this page to receive an email or text message every time IDEM updates it. Just enter your email address or phone number on the IDEM Subscription Sign Up page and check the box for Coal Combustion Residuals (CCR).