Why did the EPA initially deny Alabama's coal waste permitting application under Biden, and what changed for Trump's EPA to propose approval?

The EPA denied Alabama's application in 2024 under President Biden because it found the state's program 'significantly less protective of people and waterways than federal law requires,' citing deficiencies in past permits related to unlined surface pits or ponds, groundwater monitoring networks, and enforcement. Under Trump, the EPA revised its evaluation approach by excluding reviews of a state’s past permits and their implementation—focusing only on the written criteria—and Alabama resubmitted an application in May that omitted those problematic permits, leading to the tentative approval.

What is the EPA's new policy shift regarding state-level coal waste permitting, and how does it differ from the prior standard?

The EPA has shifted from evaluating both a state’s written permitting criteria *and* its historical track record in issuing and enforcing coal waste permits, to evaluating *only* the written criteria—explicitly excluding review of past permits and their implementation. This change means states can now qualify for permitting authority even if they previously issued inadequate permits, as long as their newly submitted program documents meet federal minimum standards on paper.

After Biden Denied Alabama Coal Waste Bid, Trump Reverses Course

Jul 13, 2026

The EPA proposed approving Alabama's application to manage coal waste permits, reversing a previous denial under the Biden administration. This move reflects a broader trend under President Trump to transfer regulatory authority to states, raising concerns among environmental advocates about pollution risks.

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