United States
Environmental Protection
\r ^1	Agency
Office of Land & Emergency Management
December 2020
State of Texas Coal Combustion Residuals
(CCR) Permit Program Approval
On December 3, 2020, the EPA Administrator signed
a Federal Register notice proposing to approve the
third state permit program in the United States for
the management of coal combustion residuals (CCR)
in the state of Texas. If approved, the Texas partial
permit program would operate in lieu of the federal
CCR program, except for five provisions.
EPA is proposing to approve the Texas partial CCR
state permit program, pursuant to the Resource
Conservation and Recovery Act (RCRA) section
4005(d)(1)(B). The Texas partial program would
allow the Texas Commission on Environmental
Protection (TCEQ) to enforce rules promulgated
under its solid waste statute related to CCR activities
in non-Indian country, as well as to issue permits and
to enforce permit violations.
About the Proposed Approval
EPA conducted an analysis of the TCEQ permit
program application, including at 30 TAC Chapter
352; TCEQ largely adopted by reference the federal
CCR regulations title 40 of the Code of Federal
Regulations (CFR) part 257, subpart D. The
regulations also implement procedural requirements
for a registration (permit) and compliance
monitoring program to authorize CCR units subject
to the federal CCR regulations. Based on this
analysis, EPA determined that the proposed TCEQ
partial CCR permit program meets the standard for
approval in section RCRA section 4005(d)(1)(A) and
(B) and that Texas's program contains all the
elements of the federal rule, including requirements
for location restrictions, design and operating
criteria, groundwater monitoring and corrective
action, closure requirements and post-closure care,
recordkeeping, notification and internet posting
requirements. It also contains state-specific
language, references and state-specific requirements
that differ from the federal rule, which EPA has
determined to be at least as protective as the federal
criteria.
Texas did not apply for five provisions of the federal
CCR regulations for its permit program:
1.	30 TAC 352.1(b)(2); this State provision is the
analog to the Federal exclusion of inactive
impoundments at inactive facilities, found at 40
CFR 257.50(e), that was vacated in USWAG;
2.	30 TAC 352.911(a); this State provision is the
analog to the Federal requirement that multiunit
groundwater monitoring systems with unlined
CCR surface impoundments must retrofit or
close, found at 40 CFR 257.91(d)(2), which is no
longer relevant, as all unlined CCR surface
impoundments must close;
3.	30 TAC 352.951(a); this State provision is the
analog to the Federal requirement that unlined
CCR surface impoundments must retrofit or close
after an assessment of corrective measures is
required, found at 40 CFR 257.95(g)(5), which
references a provision that was vacated in
USWAG;
4.	30 TAC 352.711(a)(4) and 352.1211(b); these
State provisions relate to the date for unlined
surface impoundments to cease receipt of waste.
EPA has since revised the Federal regulation and
the State has not adopted the Federal revision,
found at 40 CFR 257.101(a)(1) or
257.101(b)(l)(i);
5.	30 TAC 352.1231; this State provision is the
analog to the Federal alternative closure
requirements of CCR units, found at 40 CFR

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257.103. EPA has since revised the Federal
regulation and the State has not adopted the
Federal revision.
Approval of TCEQ's partial CCR permit program
would allow the TCEQ regulations to apply to
existing CCR units, as well as any future CCR units
not located in Indian Country, in lieu of the federal
requirements. EPA has also engaged federally-
recognized tribes within the State of Texas in
consultation and coordination regarding the
program authorizations for TCEQ. EPA has
established opportunities for formal as well as
informal discussion throughout the consultation
period, beginning with an initial conference call on
October 19, 2020. Tribal consultation has and will
continue to be conducted in accordance with the
EPA policy on Consultation and Coordination with
Indian Tribes
(https://www.epa.gov/sites/production/files/2013-
08/documents/cons-and-coord-with-indian-tribes-
policy.pdf).
Background
In preparation to submit its application, Texas
promulgated regulations for CCR disposal units at
Title 30 of the Texas Administrative Code Chapter
352. which adopted by reference nearly all of the
technical criteria contained in federal CCR
regulations. In addition to the technical criteria in 30
TAC Chapter 352, Texas has adopted state-specific
registration for CCR units and public participation
requirements in 30 TAC 352.101 through 352.481;
state financial assurance requirements in 30 TAC
352.1101 and 352.1111; and for certain activities,
Texas has additional requirements for state
notifications by owners and operators of CCR units,
and state approvals by the executive director
employed by the commission.
On September 11, 2020, TCEQ submitted its CCR
state permit program application to EPA Region 6
requesting approval of its partial CCR permit
program.
EPA preliminarily determined that Texas's CCR state
permit program met the standard for approval under
the Resource Conservation and Recovery Act on
December 3, 2020. EPA proposed to approve the
application submitted by TCEQ to allow its permit
program to operate in lieu of the federal CCR
program. However, there are specific provisions of
the federal CCR program that the state is not seeking
approval for, which are outlined in the Federal
Register notice.
The public comment period will be 60 days.
Furthermore, on February 2, 2021, EPA will hold a
virtual public hearing about this proposed approval.
The hearing will provide interested persons the
opportunity to present information, comments and
views concerning EPA's proposed approval.
More Information
For more about this approval notice, please
visit https://www.epa.gov/coalash/us-state-Texas-
coal-combustion-residuals-permit-program.

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