EPA Proposes to Approve Wisconsin's Coal Combustion Residuals Permit Program

 News Release:

EPA Proposes to Approve Wisconsin's Coal Combustion Residuals Permit Program

Contact: Macy Pressley (Pressley.macy@epa.gov), 312-886-1443

CHICAGO (September 10, 2026) — U.S. Environmental Protection Agency (EPA) today proposed the approval of the state of Wisconsin’s coal combustion residuals (CCR) permit program application. If finalized, the action would shift authority for permitting CCR disposal in landfills from the federal government to the state. This proposal advances EPA’s broader effort to Unleash American Energy Dominance and strengthens cooperative federalism while maintaining strong human health and environmental protections.

“Today’s proposed approval represents a significant step in the Trump EPA’s efforts to provide clarity and certainty for the vital CCR facilities that Wisconsinites depend on for reliable energy,” said EPA Administrator Lee Zeldin. “This is powering the Great American Comeback in practice, allowing Wisconsin experts to oversee the CCR landfills in their state under one central set of regulations and protect public health and the environment.”

“EPA’s proposed approval of Wisconsin’s CCR program reflects cooperative federalism in action—empowering state experts to oversee CCR disposal while supporting reliable, affordable energy,” said EPA Region 5 Administrator Anne Vogel. “This approach strengthens American energy independence and ensures that strong protections for human health and the environment remain firmly in place.”

After reviewing the application from the Wisconsin Department of Natural Resources, EPA is proposing that the program meets all standards for approval.

If finalized, EPA will continue to regulate surface impoundments, as Wisconsin is only seeking approval for permitting CCR disposal in landfills. If finalized, Wisconsin would become the eighth state to receive CCR program approval under the Trump EPA.

Under the Trump Administration, EPA has made significant progress working with states as they seek to manage their own CCR programs. EPA will continue working with state partners to prioritize timely action and empower those with local expertise to oversee more effective CCR disposal operations. The agency anticipates proposing CCR permit program decisions for at least three additional states soon.

EPA will hold a 60-day public comment period, which will include a virtual hearing on November 9, 2026. For more information, visit the Wisconsin CCR permit program webpage.

Background  

EPA has recently proposed to approve CCR permit applications from Virginia, Louisiana and Alabama. On March 12, 2025, EPA committed to taking swift action on CCR, including state permit program reviews and updates to the CCR regulations. Since then, EPA has approved permit programs for North Dakota and Wyoming. Approved states cannot have CCR regulations and policies that are less protective of human health and the environment than the federal regulations.

On July 13, 2026, EPA announced an Advance Notice of Proposed Rulemaking to gather input on a potential general permit option for coal combustion residuals facilities. This effort builds on EPA’s February 20, 2020, proposal to create a federal CCR permitting program and the April 13, 2026, proposal to allow permit authorities to set certain site-specific alternative requirements. 

On April 9, 2026, EPA proposed several revisions to the federal regulations governing the disposal of CCR and the beneficial use of CCR. This proposal would promote resource recovery, allow for site-specific considerations in permitting, provide regulatory relief while continuing to protect human health and the environment, and ensure continued transparency. Earlier in 2026, EPA announced a final rule that extends the compliance deadlines for CCRMU requirements. This action provides additional time to meet facility evaluation requirements and to comply with groundwater monitoring provisions.

Additionally, in November 2025, EPA proposed to extend an alternative closure requirement deadline. would promote electric grid reliability by allowing a subset of coal-fired power producers to continue to operate.

On February 20, 2020, EPA proposed a streamlined federal permitting program for disposing of CCR in surface impoundments and landfills, including an electronic permitting option. EPA proposed clear requirements for applications, permit content and modifications, and procedural steps. EPA would implement the CCR permitting program directly in Indian Country and for CCR units in states that have not sought approval for their own state CCR permit programs. In a separate action, EPA reopened the public comment period for 60 days to accept additional feedback on this rule, given the time elapsed since the 2020 rule was proposed, subsequent changes made and proposed to other CCR regulations.

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