Alabama: Approval of State Coal Combustion Residuals Permit Program
Key claim: EPA proposes to approve Alabama’s partial Coal Combustion Residuals (CCR) permit program under RCRA so that, if finalized, it would operate in lieu of the federal CCR program except for specified provisions.
Abstract
(Proposed Rule · Environmental Protection Agency) The Environmental Protection Agency (EPA or the Agency) is proposing to approve the Alabama partial Coal Combustion Residuals (CCR) permit program under the Resource Conservation and Recovery Act (RCRA). After reviewing the CCR permit program application submitted by the Alabama Department of Environmental Management (ADEM) on May 18, 2026, EPA has preliminarily determined that Alabama’s partial CCR permit program meets the standard for approval under RCRA. If approved, Alabama’s CCR permit program will operate in lieu of the Federal CCR program, with the exception of the specific provisions noted below. EPA is seeking comment on this proposal during a 60-day public comment period and will be holding a virtual public hearing on EPA’s preliminary approval of Alabama’s partial CCR permit program.
Why this matters
State assumption of CCR permitting shifts day-to-day oversight of coal ash impoundments and landfills from EPA to the state agency, which affects permitting timelines, enforcement posture, and compliance costs for utilities operating coal units. Partial approvals also leave a split federal-state authority structure, meaning specified federal provisions continue to apply alongside the state program — a pattern being repeated across coal-heavy states.