EPA Coal-Ash Permit Review Enters Agency’s Next Phase
The Environmental Protection Agency’s reopened comment period on a proposed federal coal-ash permitting program closed July 29, 2026. The deadline marked the end of additional public input—not the start of a new nationwide permit system.
EPA reopened comments May 27 on a proposal first issued Feb. 20, 2020. The proposal would create a federal permitting process for coal-combustion-residuals disposal units, including requirements for permit applications, permit contents, modifications, procedures and electronic permitting.
EPA is now reviewing the additional comments. The federal permitting rule has not been finalized, and the agency could issue further proposed or final rules after that review.
Where federal permits would apply
EPA says it would administer the program directly in Indian Country and at coal-ash units in states that have not submitted EPA-approved permitting programs.
States may operate their own CCR permit programs if EPA determines that their requirements are at least as protective as federal standards. As a result, permitting authority could differ by facility, depending on the location and the status of the state program.
Coal combustion residuals, commonly called coal ash, are produced by coal-fired power plants and stored in landfills and surface impoundments. Existing federal standards address releases to groundwater, airborne dust and catastrophic failures, along with monitoring, inspections, recordkeeping, reporting and public disclosure of compliance information.
EPA is considering an interim general permit
In a separate July 13 notice, EPA sought comments on a potential general-permit approach for eligible facilities. The concept would provide interim coverage while states update their programs and before facilities receive site-specific permits.
That approach has not been adopted, and facilities cannot treat it as an available permit. EPA is seeking input on eligibility criteria and compliance requirements. The agency says it may later issue a proposed rule followed by a final rule. Comments on the general-permit notice are due Oct. 13, 2026.
EPA says an interim permit could reduce delays, provide regulatory clarity and support electric-grid reliability while maintaining environmental and public-health protections. The agency’s notice also seeks input on how eligible facilities could obtain coverage during the transition.
Why groundwater and closure requirements matter
The permitting debate is connected to how facilities monitor groundwater, respond to contamination, set corrective-action cleanup levels and close disposal units. EPA’s separate 2026 CCR regulatory proposal would, if finalized, allow more site-specific choices involving groundwater-monitoring points, cleanup levels, closure requirements and closure timelines in some circumstances.
EPA says those options could account for site conditions and reduce regulatory delays. The Associated Press reported that environmental advocates have raised concerns that weaker or more flexible requirements could leave coal ash in contact with groundwater or reduce cleanup obligations. Those are documented policy and stakeholder concerns, not proof that a particular facility is contaminating drinking water without facility-specific evidence.
Dust controls and public transparency are also important. EPA’s existing CCR program requires facilities to maintain compliance information online, while future permits could determine how monitoring, corrective actions and closure obligations are applied at particular sites. Those decisions could affect cleanup costs, operating timelines and the information available to nearby communities.
Alabama shows the parallel state track
EPA’s July 13 proposal to approve Alabama’s coal-ash permit program illustrates the state-based track. If finalized, the action would shift authority for permitting CCR disposal in Alabama’s landfills and surface impoundments from the federal government to the state.
Alabama has not received final approval. EPA is accepting comments on the proposed approval through Sept. 14, 2026, and has scheduled a virtual hearing for Sept. 3. EPA said it denied Alabama’s earlier application in 2024 because some state-law permits used technical standards that were viewed as weaker than federal standards. The agency said Alabama’s 2026 application did not seek approval of its existing permits.
The Alabama proceeding is separate from the reopened federal proposal, but it shows how EPA’s broader state-permitting framework could affect where future permit decisions are made.
What to watch next
The immediate next step is EPA’s review of comments on the federal permitting proposal. The agency may later issue additional proposed or final rules, including action on the potential general permit.
For communities and facilities, the main questions are which government will issue permits, how eligibility for any interim general permit will be determined, what groundwater and cleanup requirements will apply, how long closure may take and how monitoring data will be made public.
The process remains a set of proposals and pending reviews. As of Aug. 3, 2026, no final federal coal-ash permitting rule or nationwide general permit had followed the July 29 comment deadline.
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