Alabama Wants to Handle Its Own Coal Ash Permits
Published Date: 7/14/2026
Proposed Rule
Summary
The EPA is ready to approve Alabama’s plan to manage coal ash permits instead of the federal program, with a few exceptions. This means Alabama will take charge of keeping coal waste safe, affecting local power plants and communities. You’ve got until September 14, 2026, to share your thoughts, and there’s a virtual hearing on September 3 to join the conversation!
Analyzed Economic Effects
4 provisions identified: 2 benefits, 0 costs, 2 mixed.
Alabama to Run Coal Ash Permits
EPA is proposing to approve Alabama's partial Coal Combustion Residuals (CCR) permit program based on ADEM's May 18, 2026 application. If approved, Alabama's CCR permit program will operate in lieu of the Federal CCR program for the provisions EPA approves, while the Federal rules will remain in effect for the provisions Alabama did not include.
EPA Keeps Inspection & Enforcement Power
Even if EPA approves Alabama's CCR permit program, EPA will retain its inspection and enforcement authorities under RCRA sections 3007 and 3008 (42 U.S.C. 6927 and 6928). That means EPA can still conduct inspections and take enforcement actions consistent with those statutory authorities in Alabama after program approval.
No Federal Permit Shield for Old Permits
Facilities in Alabama that were issued CCR permits before EPA approval of the State program will not have a Federal permit shield against direct enforcement until each facility's permit is reissued by Alabama after EPA approval. That condition is described in the EPA notice discussing how state permits issued before approval are handled.
State Will Not Seek Approval of Existing Permits
In a letter appended to its May 18, 2026 application, ADEM said it is not requesting EPA approval of existing CCR permits issued under the State's CCR program and committed to evaluate and amend those permits at the time of permit renewal to ensure compliance with the Federally approved State CCR permit program.
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