CCR Disposal, Management, and Licensing Program | Notice of Proposed Rule Amendment and Adoption | Comment Period Closes June 19, 2026 | Public Hearing June 12, 2026
The Department of Environmental Quality (DEQ) is proposing to adopt new rules for the disposal and management of coal combustion residuals (CCR) and licensing of CCR electrical generation facilities. DEQ has drafted proposed rules which primarily adopt by reference the Federal US Environmental Protection Agency's (US EPA) Coal Combustion Residual (CCR) Rules (40 CFR Part 257 Subpart D Standards for the Disposal of Coal Combustion Residuals in Landfills and Surface Impoundments) The proposed rulemaking includes a new subchapter in the Administrative Rules of Montana (ARM) Title 17, chapter 50 for CCR management and disposal, and additional changes to incorporate licensing fees for CCR waste management systems. The rules are being proposed under the authority of The Montana Solid Waste Management Act, Title 75, chapter 10, part 2, Montana Code Annotated.
In 2013, DEQ was authorized by the Montana Legislature to adopt rules to regulate the disposal and management of CCR at electrical generating facilities. DEQ closely followed the US EPA’s federal rule adoption process and modifications since the initial federal CCR rules were adopted in 2015. The federal CCR rules have changed considerably in the last decade, and DEQ has been following these changes and updates to determine when it was appropriate for Montana to adopt similar rules. With the aid of a recent grant from US EPA, DEQ has moved forward with the current rule proposal. Montana’s proposed rules generally adopt by reference the 2025 version of the federal CCR rules with additional Montana-specific components, including a new licensing and fee process under The Montana Solid Waste Management Act.
These proposed rules address risk to human health and the environment from CCR disposal at coal-fired electrical generating facilities in Montana. Additionally, these rules address licensing of existing and new CCR disposal at electrical generating facilities, recordkeeping and reporting requirements, and the opportunity for public notice and involvement in the process.
Should the proposed rules be adopted, DEQ will apply for primacy from US EPA to implement the MT DEQ CCR program in lieu of direct federal oversight of CCR facilities in Montana.You are invited to submit data, views, or arguments in writing. Written data, views, or arguments may be submitted to the Department of Environmental Quality and must be received on or before 5 p.m., June 19, 2026.
The Department of Environmental Quality
P.O. Box 200901
Helena, Montana 59620-0901
E-mailed to DEQMAR2026-854@mt.gov
Associated Materials:
- Montana Administrative Register: Issue 10 of the 2026 MAR at 2026-854.1
Hearing Date and Time:
A public hearing will be held on Friday, June 12, 2026, at 11:00 a.m. in the Wilderness Room at 2401 Colonial Drive, Helena.
Interested parties may also attend the hearing electronically in the following ways:
Webinar ID: 837 1532 9261
Passcode: 434921
Join via audio:
+1 206 337 9723 US (Seattle)
Tags: Cleanup, Public Comment, Public Meeting, Energy, Rule Making and Solid Waste