EPA proposal would shift coal-ash permitting; Gadsden site awaits next steps

The U.S. Environmental Protection Agency has proposed shifting coal-ash permitting authority to Alabama, a change that could affect future reviews of Plant Gadsden in Gadsden, Alabama.

EPA announced the proposed approval on July 13, 2026. The action is not a final transfer of authority. If finalized, it would allow the Alabama Department of Environmental Management to administer the coal-combustion-residuals permitting program in place of the federal program.

What the proposal would change

Alabama is seeking authority to oversee permits for coal-ash disposal units, including surface impoundments and landfills. In its proposed-approval announcement, EPA said Alabama’s application includes requirements involving groundwater monitoring, corrective action, closure, post-closure care and public reporting.

The proposal would not automatically approve existing state-issued permits. EPA’s Alabama coal-ash program information says Alabama did not request automatic approval of those permits as part of its application.

If EPA grants final approval, ADEM would have to review and modify existing permits to bring them into compliance with the federally approved program. Residents would have an opportunity to comment on the complete permits during that process, rather than only on individual changes.

Why Gadsden is part of the decision

Alabama Power’s coal-ash compliance information identifies Plant Gadsden as a coal-ash facility in Gadsden, Etowah County. The company says the facility has stopped receiving ash, has been dewatered, has a reduced footprint and has a cap in place. Its public materials also list groundwater monitoring and corrective-action records for the Plant Gadsden ash pond.

That site-specific history gives the statewide permitting proposal a direct local connection. A future ADEM review of the Plant Gadsden permit could create another formal opportunity for public input and could determine how the facility’s closure and monitoring requirements are documented under an approved state program.

Pending pollution dispute remains unresolved

WBHM reported that Coosa Riverkeeper has filed a lawsuit alleging that the Gadsden coal-ash pond continues to pollute groundwater more than seven years after it was capped and closed. The group’s May 2025 notice letter also alleges violations involving groundwater, closure requirements and monitoring.

Those claims remain allegations in pending litigation, not findings established by a court in the sources reviewed for this article. EPA’s current proposal does not resolve the dispute, determine whether contamination is occurring at the site or establish a health risk for Gadsden residents.

How residents can participate

EPA will accept written comments on the proposed Alabama program through September 14, 2026. The agency has also scheduled a virtual public hearing for September 3, 2026, beginning at 9 a.m. Central time. According to EPA, participants will be able to provide oral comments during the hearing.

The immediate issue for Gadsden is therefore a proposed change in permitting authority, not an instant change to Plant Gadsden’s permit. Residents who want to follow the site should watch for the final EPA decision and for future ADEM notices involving the full review and modification of existing coal-ash permits.

Sources

• U.S. EPA Alabama coal-ash program page
• Alabama Power Plant Gadsden compliance information
• WBHM report on the Alabama coal-ash proposal