Alabama Power and the Environmental Protection Agency (EPA) settled on an agreement concerning coal ash at the James Barry plant in Bucks.
Last year, the EPA issued a Notice of Potential Violation (NOPV) to Alabama Power, stating the plan for stored coal combustion residuals (CCR) may violate federal standards.
Alabama Power entered negotiations and reached an agreement with the EPA. The company pointed out that the EPA made no allegations concerning dangers to drinking water, human life, animals or the environment.
However, according to compliance records, arsenic levels seven times higher than the federal health-based guidelines were detected at the plant last year.
Alabama Power said it's committed to protecting the health and safety of communities. The settlement requires monitoring wells and updates to an Emergency Action Plan. Alabama Power will also pay a regulatory assessment fee, which the company says will not be reflected on customers’ bills.
The Mobile Baykeeper said that while the settlement has some positive aspects, it does not solve the problem of millions of tons of coal ash "saturated in groundwater in the unlined pond, polluting nearby waterways.”
“The fact that more monitoring wells are needed reinforces the reality that coal ash poses a significant, ongoing risk — especially with the threat of flooding and hurricanes along the Mobile River,” the Baykeeper said in a press release. “Plant Barry remains a ticking time-bomb that could lead to disastrous consequences for the Mobile-Tensaw Delta and Mobile Bay.”
Alabama Power agreed to have Eco Material Technologies remove and recycle coal ash. However, the Baykeeper says the company is not legally required to follow through.
“Mobile Baykeeper remains fully committed to ensuring that coal ash pollution is thoroughly addressed,” the Baykeeper stated. “We will continue to pursue our case in federal court until Alabama Power is held accountable for protecting the environment and the communities that depend on clean, safe water.”
The Mobile Baykeeper's federal lawsuit against Alabama Power was dismissed while negotiations between the EPA and the power giant proceeded. The Baykeeper appealed that decision.
“We firmly believe that our operations at the Plant Barry CCR surface impoundment are legal, safe and environmentally responsible,” Alabama Power said in a press release. “We respectfully disagree with any claims that we've violated CCR regulations.”
“We continue to cooperate with the Alabama Department of Environmental Management (ADEM) in regulating CCR. ADEM has diligently implemented federal requirements to protect health and the environment in our state,” the statement continued. “The EPA has not alleged any actual harm to drinking water or habitats – a testament to the effectiveness of our environmental safeguards under ADEM's supervision.”
To connect with the author of this story or to comment, email erica.thomas@1819news.com.
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