EPA Proposes to Approve Alabama’s Coal Combustion Residuals Permit Program
WASHINGTON — U.S. Environmental Protection Agency (EPA) today proposed the approval of Alabama’s coal combustion residuals (CCR) permit program application. If finalized, the action would shift authority for permitting CCR disposal in surface impoundments and landfills from the federal government to the state. This proposal advances EPA’s mission to Unleash American Energy Dominance, strengthens cooperative federalism, and protects human health and the environment.
“As we Unleash American Energy Dominance at the Trump EPA, we know that Alabama understands its own resources and topography better than bureaucrats in D.C. Today’s proposal to approve Alabama’s CCR permit program gives the power to oversee those resources to the state, which is yet another win for cooperative federalism,” said EPA Administrator Lee Zeldin. "This Administration trusts local communities to make common-sense decisions that grow the economy and protect human health and the environment.”
After reviewing the 2026 application from the Alabama Department of Environmental Management (ADEM), EPA is proposing that the program meets all standards for approval.
If finalized, Alabama would become the seventh state to receive CCR program approval under the Trump EPA, marking significant progress to advance cooperative federalism and work with states as they seek to manage their own CCR programs. EPA will continue working with state partners to prioritize timely action on state program application review and empower those with local expertise to oversee more effective CCR disposal operations. The agency anticipates proposing CCR permit program decisions for at least three additional states in the near future.
EPA will hold a 60-day public comment period on this proposed approval, which will include a virtual hearing on September 3, 2026. For more information, visit the Alabama CCR permit program webpage.
Background
In 2024, EPA denied ADEM’s 2021 request to run its own CCR permit program because although Alabama copied much of the federal rule language, in some cases, permits the state issued under state law applied technical standards that some considered to be weaker than federal standards. In its 2026 application, Alabama did not seek approval of its existing permits. Instead, if the application is approved by EPA, those permits will be reviewed and issued pursuant to the approved rules, including a public comment period.
On March 12, 2025, EPA committed to taking swift action on CCR, including state permit program reviews and updates to CCR regulations. Since then, EPA has approved permit programs for North Dakota and Wyoming. Approved states cannot have CCR regulations and policies that are less protective of human health and the environment than the federal regulations.
On February 20, 2020, EPA proposed a streamlined federal permitting program for disposing of CCR in surface impoundments and landfills, including an electronic permitting option. EPA proposed clear requirements for applications, permit content and modifications, and procedural steps. EPA would implement the CCR permitting program directly in Indian Country and at CCR units located in states that have not sought approval for their own state CCR permit program. In a separate action, EPA published a Federal Register notice to reopen the public comment period for 30 days to accept additional feedback on this rule, given the time elapsed since the 2020 rule was proposed and subsequent changes made and proposed to other CCR regulations. EPA extended the comment period and will accept comments through July 29, 2026.
On April 13, 2026, EPA proposed several revisions to the federal regulations governing the disposal of CCR and the beneficial use of CCR. If finalized, the proposal would promote resource recovery, allow for site-specific considerations in permitting, provide regulatory relief while continuing to protect human health and the environment, and ensure continued transparency. Earlier in 2026, EPA announced a final rule that extends the compliance deadlines for CCRMU requirements. This deadline extension provides additional time to meet facility evaluation requirements and to comply with groundwater monitoring provisions. Additionally, in November 2025, EPA proposed to extend an alternative closure requirement deadline. This deadline extension would promote electric grid reliability by allowing a subset of coal-fired power producers to continue to operate. Today, EPA also released for public comment a potential new regulatory approach to help CCR units comply with federal regulations during the interim period while states update their CCR programs and before CCR facilities can receive site-specific permits.