The U.S. Environmental Protection Agency proposed Tuesday to let Indiana run a partial permit program for coal-ash landfills and surface impoundments, starting a public review of a change that would shift much of the day-to-day permitting authority from EPA to the Indiana Department of Environmental Management.
The proposal is consequential because EPA says Indiana has more coal-combustion-residual units than any other state. Coal combustion residuals, commonly called coal ash, include fly ash, bottom ash, boiler slag and flue-gas desulfurization material produced when utilities and independent power producers burn coal.
Nothing changes immediately. EPA has made a preliminary finding that Indiana's application meets federal standards, but approval will follow public comment and a final agency decision. Under federal law, an approved state program must require each covered unit to meet the federal criteria or state standards that EPA determines are at least as protective.
Indiana's program is described as partial because several provisions would remain directly governed by federal rules. The formal Federal Register proposal says approved state provisions would operate in place of the corresponding federal program, while facilities would remain responsible for federal requirements outside the state's application. EPA would retain inspection and enforcement authority under the Resource Conservation and Recovery Act.
For covered facilities, IDEM permits would address location restrictions, design and operating standards, groundwater monitoring and corrective action, closure and post-closure care, recordkeeping and public notices. The EPA program page says Indiana's technical rules largely mirror the federal coal-ash regulations and add state permitting requirements. Indiana submitted its application June 26 and a revised version September 9.
The public can comment for 60 days after the proposal's Federal Register publication. EPA also scheduled a hybrid hearing for November 12 at 2 p.m. Eastern at the Indiana Government Center South, Wabash Hall rooms 4 and 5, 302 W. Washington Street in Indianapolis, with an online participation option. People who want guaranteed speaking time should preregister by November 10; requests for interpretation or accessibility accommodations are due October 29.
State leaders support the transfer. Gov. Mike Braun and IDEM Commissioner Clint Woods said Indiana can administer the requirements while maintaining environmental standards. WFYI reported that Hoosier Environmental Council environmental health director Indra Frank considered the current rule sound but raised a longer-term concern: a 2023 Indiana law generally limits state environmental rules from exceeding federal standards, which could matter if federal coal-ash rules are weakened later.
IDEM told WFYI that future federal changes would be evaluated and could require state rule changes and additional EPA approval. That means the present decision is about whether Indiana's current program meets today's approval test, not a blanket transfer beyond federal oversight.
Indiana already maintains coal-ash permit and closure resources. The proposal would make that state system the primary permitting mechanism for the provisions EPA ultimately approves, while leaving federal safeguards and oversight in place.
