EPA proposes giving Wisconsin authority over coal-ash landfill permits while retaining federal oversight of impoundments
The Tilt · Friday, 11 September 2026
Why it matters
This is a formal state-by-state allocation of regulatory authority: comparable coal-ash landfills would be overseen by Wisconsin in an approved state, while facilities in other jurisdictions remain under federal or different state permitting systems. The proposal therefore adds a new layer of differentiated treatment, although the federal protection floor remains in place and the transfer is not yet final.
What happened
The EPA proposed approving Wisconsin’s coal-combustion-residuals program, which would transfer permitting authority for coal-ash disposal in landfills from the federal government to Wisconsin if finalized. Wisconsin is not seeking authority over surface impoundments, so EPA would continue regulating those units; the state would become the eighth with an approved CCR program. EPA opened a 60-day public-comment period, including a virtual hearing on November 9, 2026, and said delegated states cannot adopt rules less protective than federal requirements.
Previously
Jul 2026 — EPA announced an advance notice of proposed rulemaking seeking input on a potential general-permit option for coal-combustion-residuals facilities.(U.S. Environmental Protection Agency)
Apr 2026 — EPA proposed revisions to federal coal-combustion-residuals rules covering disposal and beneficial use, including site-specific permitting considerations and regulatory relief.(U.S. Environmental Protection Agency)
12 Mar 2025 — EPA committed to reviewing state coal-combustion-residuals permit programs and updating federal CCR regulations.(U.S. Environmental Protection Agency)
Players & places
- United States
- U.S. Environmental Protection Agency
- Wisconsin Department of Natural Resources
- Wisconsin