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EPA Proposes Rule Changes to Coal Combustion Residuals (CCR) Requirements to Restore American Energy Dominance

LCG, April 10, 2026--The U.S. Environmental Protection Agency (EPA) announced yesterday a rule proposing several revisions to the federal regulations governing the disposal of coal combustion residuals (CCR) and the beneficial use of CCR. The EPA designed the rule to encourage resource recovery, allow for site-specific considerations in permitting, and provide regulatory relief while continuing to protect human health and the environment. The EPA will be accepting comments on the rule for 60 days after publication in the Federal Register, and it will also hold an online public hearing on the rule.

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Vault 44.01 Receives EPA Class VI Permit Approval for CCS Project in Indiana

LCG, April 9, 2026--Vault 44.01 Ltd. (Vault) announced today that the U.S. Environmental Protection Agency (EPA) Region 5 has issued a final Underground Injection Control (UIC) Class VI permit for the One Carbon Partnership CCS project (the "OCP Project") near Union City, Indiana. The One Carbon Partnership is a joint venture between Cardinal Ethanol and Vault.

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Industry News

Court of Appeals Vacates EPA's CSAPR

LCG, August 23, 2012--The U.S. Court of Appeals for the District of Columbia Circuit, in a 2-1 decision, overturned on Tuesday the Environmental Protection Agency's (EPA's) Cross-State Air Pollution Rule (CSAPR), which targets emission reductions. The court's action provides some level of regulatory relief with respect to sulfur dioxide and nitrogen oxide emissions for owners of coal-fired power plants located in 28 states.

CSAPR would have replaced a rule promulgated by the EPA in 2005, the Clean Air Interstate Rule ("CAIR"). The court opinion stated that the CSAPR exceeded the EPA's statutory authority which only requires upwind states to reduce "significant contributions" to a downwind state's pollution levels. In addition, the court found that the rule did not allow the states an opportunity
to establish their own State Implementation Plans (SIPs) to reduce emissions, as provided for in the Clean Air Act (CAA).

Attorneys general from mostly Southern and Midwestern states brought the legal action against CSAPR, and interveners include a number of utilities that own coal-fired power plants.

CSAPR "had potentially far-reaching reliability impacts for a grid in which electric use is growing far more rapidly than new generation resources are being built to serve that need," said the chief executive of the Electric Reliability Council of Texas (ERCOT), which oversees power delivery for most of Texas.

The EPA is reviewing the decision to determine whether or not it will appeal the ruling. CAIR will remain in place while the EPA is directed to promulgate a new rule complying with the Court's decision and the Clean Air Act.

Owners of coal-fired plants will need to continue to address regulatory pressures from the EPA's Mercury Air Toxics Standard (MATS), together with evolving water and coal combustion residue (CCR) regulations. Setting aside regulatory challenges, low natural gas prices provide a competitive challenge for coal plants as well.
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