EPA reopens coal-ash rule, hearing scheduled Sept. 12

The Environmental Protection Agency, or EPA, has reopened the floor for additional comments and questions on the proposed rules that they have implemented. Stating that it will host public hearings on the matter following an influx of requests to extend the deadline for comments. The EPA has been through a tough few years recently, with the Trump administration stating that the agency is essentially not needed and even going so far as to suggest closing the agency altogether. Regardless, the public hearings are set to take place on 12 September 2025.

The EPA recently published one direct rule and one proposed rule for the sector

On July 22, the Environmental Protection Agency published a direct final rule (90 FR 34358) and a proposed rule (90 FR 34409) entitled “Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; CCR Management Unit Deadline Extension Rule.” And the backlash from those new rules, both direct and proposed, has seen several requests for an extension to make comments on the rules.

The original deadline to submit comments was August 21, 2025; however, since then, the EPA has been overwhelmed by several requests to extend that initial deadline, and it appears that they have heard the calls, as they have now stated that an online public hearing will take place to offer people and companies a chance at making their voices heard.

One must commend the EPA for doing its job and fulfilling its purpose. Despite the overwhelming negative relationship with the current administration. The hearing will allow oral statements that are limited to 5 minutes per person, as well as pose initial questions to the statements made by the parties in attendance. Although it will not make any formal statements at the hearing.

The EPA will receive written comments until September 15 on the matter

The EPA has stated that they will accept any and all written comments on the proposed rules right up until the hearing takes place. It provided a 30-day notice of the hearings to the relevant stakeholders, so there is ample time for the parties involved to consider their comments and how to submit them to the agency. Expectations are that the agency will take every comment seriously and submit formal responses once the hearings have concluded.

“The scope of the proposed rule is limited to establishing an additional option for owners or operators of active CCR facilities or inactive CCR facilities with a legacy CCR surface impoundment to comply with the facility evaluation report (FER) Part 1 requirements and to extending compliance deadlines for the remaining CCRMU provisions published in the Federal Register on May 8, 2024.” – Environmental Protection Agency

Whether or not there will be any changes to the direct and proposed rules is yet to be determined. As to how this might affect the downstream sector is anyone’s guess. But that would be speculative at best at the moment. With several major refineries closing their doors, the sector is facing an uncertain future. Once the hearings have been completed, we expect to see formal responses from the EPA as they need time to assess the concerns of all affected by the rule changes.

What might the outcome of the online public hearings be, and how will it affect the rules

The public hearings are designed to offer the relevant stakeholders the chance to voice their concerns as to how the rules might affect their bottom line. While some parts of the world are seeing several companies expanding their downstream projects, this might force the companies in the region to reevaluate their long-term plans. With the United States aiming to revitalize its energy sector, thanks to several executive orders by the President, the impact of the hearings will only be felt after the 15 September date.

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