U.S. State of Alabama Coal Combustion Residuals Permit Program
Proposed Approval
On July 13, 2026, EPA announced the proposed approval of the most recent application submitted by the Alabama Department of Environmental Management to allow the Alabama CCR permit program to operate in lieu of the federal CCR program. EPA is proposing that the Alabama CCR regulations at Alabama Administrative Code chapter 335-13-15 contains all of the technical elements of the federal CCR regulations, including requirements for location restrictions, design and operating criteria, groundwater monitoring and corrective action, closure requirements and post-closure care, recordkeeping, notification, and CCR website posting requirements. EPA finds that the ADEM partial permit program meets the standard for approval under the Resource Conservation and Recovery Act Section 4005(d).
Alabama is not seeking to have its existing permits approved as part of its partial program. Instead, ADEM committed to review and modify these permits to ensure compliance with the Federally approved program after EPA issues its final determination. ADEM also provided a schedule and the procedures that the State will follow to ensure compliance with the Federally approved program. EPA did not review ADEM’s existing permits as part of this current proposed decision on their permit program. For this reason, existing permits that ADEM has issued will have to be modified in full and the public will have the opportunity to comment on the entire permit.
EPA will accept comments on this proposal through September 14, 2026.
Public Hearing
EPA will hold an online public hearing about this proposed approval on September 3, 2026, starting at 9:00 a.m. Central Time. For more information, visit EPA's public hearing webpage.
Completeness Letter
In 2026, EPA received an application from ADEM requesting approval of their CCR permit program. On July 13, 2026, EPA took the first step in the process of making a determination of whether to approve Alabama's 2026 CCR partial permit program application by notifying ADEM that their application is complete and that the formal process of soliciting public comment and making a final determination on Alabama's CCR permit program will begin.
Background
In 2024, EPA issued a denial of a 2021 ADEM CCR permit program application to allow the Alabama CCR permit program to operate in lieu of the federal CCR program. EPA determined that the portions of the Alabama CCR permit program that were submitted for approval do not meet the standard for approval under the Resource Conservation and Recovery Act. EPA found that the Alabama CCR permit program is significantly less protective of people and waterways than the federal regulations require. ADEM largely adopted the language in the federal CCR regulations into its state regulations. However, when EPA reviewed Alabama’s CCR permits, EPA found that the permits were not as protective as the federal CCR regulations.
EPA held an in-person public hearing about this proposed denial on September 20, 2023, and an online public hearing on September 27, 2023. Access transcripts of these hearings in the docket: