Federal regulators are considering a proposal that would give the state of Alabama oversight of how coal ash ponds are closed at power plants across the state, a shift that critics warn could leave millions of tons of toxic ash buried in place alongside major waterways.
The Environmental Protection Agency has proposed approving Alabama’s own coal ash permitting program, which would let state regulators oversee closure of ash ponds at the state’s major power plants rather than the EPA. A similar version of the plan was rejected by federal regulators in 2024 for failing to meet minimum federal safety standards.
Much of the concern centers on the “cap-in-place” approach, which leaves ash sitting where it is and covers it rather than excavating it to a lined landfill. Critics argue that much of the material sits in or near groundwater, where it can leach into the surrounding environment. Alabama Power, which operates six major coal ash ponds around the state, holds a state permit allowing it to cap at least one major pond rather than remove the ash.
Concerns about the practice have circulated for years around Mobile Bay, where a trio of retirees calling themselves the Coal Ash Action Group spent years raising alarms about ash storage near the Mobile-Tensaw Delta, an ecologically rich network of rivers and wetlands sometimes nicknamed “America’s Amazon.”
The group was co-founded by the late Sallie Smith, who continued campaigning even after a stage-four cancer diagnosis. Smith, who was also an Alabama Power shareholder, said in 2023 that she wanted to see the ash moved rather than capped in place. “We want that coal ash moved,” she said. “We are educating people so people know how big the issue is.” Smith died following her cancer battle, but her advocacy work later helped inspire independent filmmakers to produce a documentary about her efforts, which premiered at a Colorado film festival.
Diane Thomas, 75, another member of the group, said the trio has tried to warn residents about the risk posed by ash sitting close to the water. “When we go out, we tell people there’s a ticking time bomb, 20 miles from the head of the bay,” Thomas said. The group’s third co-founder, 79-year-old Savan Wilson, has focused on spreading the message through social media.
The women have pushed for Alabama Power to follow the lead of utilities in Virginia, North Carolina, South Carolina and Georgia, where coal ash is being excavated and relocated to lined landfills rather than capped in place along rivers and streams. They argue the ecologically diverse waterways feeding Mobile Bay are vulnerable to a major flood event that could spread contamination further into the watershed.
In response to the EPA’s proposal, Alabama Power said it remains committed to following all applicable rules. “We remain committed to complying with all state and federal environmental rules and regulations,” the company said.