Comment submitted by State of Utah, Public Lands Policy Coordinating Office

The State of Utah (“State”), through the Public Lands Policy Coordinating Office (PLPCO), has reviewed EPA’s proposed rule on the Federal Coal Combustion Residuals (CCR) Permit Program (Reopening of Comment Period). The EPA's action reopens the public comment period for a major proposed rule originally published on February 20, 2020 (85 FR 9940). The core intent of the underlying 2020 rulemaking is to establish a federal permit program for the disposal of Coal Combustion Residuals (CCR), commonly referred to as "coal ash," under the authority granted by the Water Infrastructure Improvements for the Nation (WIIN) Act of 2016. While the initial rule remained unfinalized for several years, this action officially returns the regulatory mechanism to active development. The State incorporates by reference its June 9, 2026 comments, EPA’s proposed rule titled Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; Legacy/CCRMU Amendments, published in the Federal Register on April 13, 2026. The State submits the following comments for your consideration. State Program Intent The State of Utah affirms its intent to seek approval to implement its own state-specific Coal Combustion Residuals (CCR) permitting program in lieu of the EPA program. Deadlines for Permit Applications The State supports establishing the most reasonably practicable timeframes with the shortest applicable deadlines for compiling permit materials. Specifically, the State strongly supports shortening the deadline for the first tier of permit applications to six months after the final permitting rule's publication. Electronic Permitting Utah fully supports implementing a universal electronic permitting process, such as the proposed RCRAInfo module, for both EPA-issued and state-issued CCR permits. Because Utah plans to issue its own permits in lieu of the EPA, using a shared electronic data management system will ensure consistency in critical national data and enable efficient tracking of state-issued permits alongside federal permits. By prioritizing site-specific data and professional regulatory judgment, this rule ensures that environmental protections are tailored to the actual physical realities of each facility. Utah appreciates the EPA’s recognition of these resource adequacy concerns and the regulatory flexibility provided by this proposed extension. The State appreciates the EPA's willingness to reevaluate the CCR regulations in light of real-world implementation data and pressing resource adequacy challenges. By substituting a rigid, prescriptive default regime with a professional, site-specific permitting system, the proposed rule successfully balances robust environmental protection with the critical imperatives of grid reliability, energy security, and economic stability. Utah strongly urges the EPA to finalize the proposed rule as expeditiously as possible. Thank you for the opportunity to provide comments on this issue. Please direct any written questions regarding this correspondence to PLPCO at the address below or call to discuss any questions or concerns.