Michael S. Regan 16th Administrator, United States Environmental Protection Agency | Official Website
On May 23, the U.S. Environmental Protection Agency (EPA) issued its final decision to deny Alabama’s application to manage coal ash landfills and impoundments through a federally approved state permit program. The EPA's review concluded that Alabama’s proposed program is significantly less protective of people and waterways than federal law mandates.
"EPA is laser focused on protecting people from exposure to pollution, like coal ash, that can cause cancer risks and other serious health issues," said EPA Administrator Michael S. Regan. "Our job is to work closely with states to make sure that every community is protected from contamination, and that’s especially true for those that have been overburdened by pollution for too long. EPA stands ready to continue working with Alabama so that they can submit an approvable application and implement a program that is as protective of public health as the federal standards."
Federal law establishes stringent requirements for public health and environmental protection at coal ash units nationwide. The EPA can only approve state programs if they provide equivalent or greater protection compared to federal regulations. This ensures uniform industry standards and robust protections for communities affected by pollution.
The denial of Alabama's application stems from deficiencies in the state's permitting decisions under the Resource Conservation and Recovery Act (RCRA). According to RCRA, each coal ash unit must comply with either federal law or state criteria deemed equally protective by the EPA. Upon review, the agency found Alabama’s permits fell short of these standards.
Federal regulations prohibit closing coal ash units in ways that allow ongoing groundwater contamination post-closure. However, Alabama's program does not adequately address groundwater contamination during closure processes.
Specifically, the EPA highlighted shortcomings in Alabama's permits concerning closure requirements for unlined surface impoundments, groundwater monitoring networks, and corrective action procedures. Despite discussions between the EPA and the Alabama Department of Environmental Management (ADEM), no revisions or supplemental information were provided by ADEM to meet federal criteria.
For further details on this decision, visit the Alabama Coal Combustion Residuals Permit Program webpage. During a 60-day comment period on this proposal, the EPA held both in-person and online public hearings allowing interested parties to present information and comments.
Coal ash is a byproduct of burning coal in power plants which can pollute waterways, groundwater, drinking water, and air if improperly managed. It contains harmful contaminants such as mercury, cadmium, chromium, and arsenic linked to cancer and other severe health effects—particularly concerning children’s health during development stages.
In April 2015, the EPA established national standards regulating coal combustion residuals (CCR) under RCRA but lacked authority at that time to approve state permit programs for CCR units directly; compliance was enforceable only through citizen suits.
The 2016 Water Infrastructure Improvements for the Nation (WIIN) Act amended RCRA granting EPA authority to approve state-run CCR permit programs meeting federal standards. States must demonstrate their programs are as protective as federal regulations before approval.
States with approved CCR permit programs must update them according to changes in federal requirements per WIIN Act provisions. The EPA encourages states with coal ash facilities to apply for establishing their own permit programs aligning with federal standards.
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