The Environmental Protection Agency (EPA) has ruled the Alabama Department of Environmental Management (ADEM) may not operate a coal ash permitting program because it is less protective of people and waterways than federal regulations require.
Alabama Power, TVA, and PowerSouth have created millions of tons of coal ash. The coal ash ponds caused controversy over health concerns after testing found dangerous levels of arsenic, boron, chromium, cobalt, lead, mercury, and radium seeping into local waterways.
On Thursday, the EPA finalized the denial of ADEM's permit program, citing the Coal Combustion Residuals Rule, which sets regulations on coal ash disposal.
"EPA has determined that the Alabama CCR permit program does not meet the statutory standard for approval." the ruling reads. "Therefore, in accordance with 42 U.S.C. 6945(d), EPA is denying the Alabama CCR permit program."
“Today marks a significant victory for every Alabamian who values clean water,” said Cade Kistler of Mobile Baykeeper. “The EPA’s final denial underscores what our communities have said all along — that leaving toxic coal ash in unlined leaking pits by our rivers is unacceptable. Alabama must adopt a protective permitting program that keeps communities safe by ensuring that utilities properly deal with coal ash, not allowing them to abandon it on our riverbanks.”
The Mobile Baykeeper rallied thousands to write letters to the EPA supporting the denial of the permitting process due to massive amounts of coal ash being dumped at the James Barry Plant in Bucks, Alabama. Arsenic levels seven times higher than the federal health-based guidelines were detected at the plant last year.
The Baykeeper filed a lawsuit against Alabama Power, but after many discussions, Alabama Power put a plan in place to recycle the coal ash into “green cement.”
In a statement to 1819 News, Alabama Power said, “Alabama Power is reviewing the Environmental Protection Agency ruling. We remain committed to complying with all environmental rules and regulations.”
ADEM released a statement saying it is disappointed in the decision.
"ADEM has taken bold steps to protect the Alabama public and the state’s environment by issuing CCR impoundment closure permits that meet longstanding federal requirements in the most timely manner of any state in the nation," ADEM stated. "EPA itself has stated that the ADEM CCR rule is at least as protective as the EPA rule, the only legal criterion for CCR program approval. However, EPA now claims that CCR program approval is conditioned on the permits issued by ADEM complying with the novel and questionable reinterpretations of numerous longstanding federal requirements that EPA would employ if EPA were to issue CCR permits. EPA has no program to issue CCR permits."
"Further, EPA has sought to shift the goalpost with a new rule it adopted within the last month, seeking to provide a basis to deny the program," the statement continued. "EPA is claiming the CCR permits ADEM issued several years ago do not comply with EPA’s just-adopted rule. It should be noted that EPA only acted to deny the program after ADEM filed suit in federal court to compel EPA to act after EPA refused to act within the mandated 180 days of submission of the ADEM CCR program to the federal agency. In fact, EPA chose to withhold action on ADEM’s CCR program for more than 800 days."
ADEM claims the program meets all requirements, and the agency plans to appeal the decision in federal court.
The Mobile Baykeeper said its job is not finished. The group will continue to ensure companies are held accountable for coal ash disposal.
State facilities must now comply with federal standards determined by the Biden administration.
Prepublication Alabama Ccr Permit Program Final Denial Notice by Erica Thomas on Scribd
To connect with the author of this story or to comment, email erica.thomas@1819news.com.
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