U.S. State of Alabama Coal Combustion Residuals Permit Program
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Final Denial
On May 23, 2024, EPA announced the denial of the application submitted by the Alabama Department of Environmental Management to allow the Alabama CCR permit program to operate in lieu of the federal CCR program. EPA determined that the portions of the Alabama CCR permit program that were submitted for approval do not meet the standard for approval under the Resource Conservation and Recovery Act.
EPA found that the Alabama CCR permit program is significantly less protective of people and waterways than the federal regulations require. ADEM largely adopted the language in the federal CCR regulations into its state regulations. However, when EPA reviewed Alabama’s CCR permits, EPA found that the permits were not as protective as the federal CCR regulations.
Under federal regulations, coal ash units cannot be closed in a way that allows coal ash to continue to spread contamination in groundwater after closure. In contrast, Alabama’s permit program does not require that groundwater contamination be adequately addressed during the closure of these coal ash units.
Background
EPA received an application from the state of Alabama requesting partial approval of their coal combustion residuals state permit program. In preparation to submit their application, Alabama promulgated regulations for CCR disposal units at Alabama Administrative Code Chapter 335-13-15 Standards for the Disposal of Coal Combustion Residuals in Landfills and Impoundments, which largely replicate the technical criteria contained in federal CCR regulations. In addition to the technical criteria, CCR units must comply with the permitting requirements, the procedural permitting requirements, and the reporting requirements found in the ADEM Administrative Code Chapter 335-13-05.
On August 3, 2023, EPA proposed to deny ADEM’s application to allow the Alabama CCR permit program to operate in lieu of the federal CCR program. EPA welcomed comment on this proposal through October 13, 2023.
EPA held an in-person public hearing about this proposed denial on September 20 , 2023 and an online public hearing on September 27, 2023. Access transcripts of these hearings in the docket: