On September 26, 2024, the U.S. Environmental Protection Agency (EPA) reached a settlement with Alabama Power Company regarding alleged violations of federal Coal Combustion Residuals (CCR) regulations at the James M. Barry Electric Generating Plant in Bucks, Mobile County, Alabama. The agreement mandates that Alabama Power enhance its groundwater monitoring efforts and revise its Emergency Action Plan at Plant Barry. Additionally, the company will pay a civil penalty of $278,000.
This action is part of the EPA's National Enforcement and Compliance Initiative aimed at protecting communities from coal ash contamination. Jeaneanne Gettle, Acting Regional Administrator for EPA Region 4, emphasized the importance of compliance with national coal ash regulations to safeguard communities and environmental resources: "It is imperative that companies comply with the national coal ash regulations in order to protect communities and the environment, including vital groundwater resources."
The settlement addresses two out of three allegations from an EPA Notice of Potential Violations issued on January 31, 2023. These include failures related to groundwater monitoring systems and Emergency Action Plan requirements at Plant Barry's approximately 600-acre coal ash surface impoundment.
Under this agreement, Alabama Power will conduct further groundwater sampling and analysis to determine if additional wells are necessary. The company will also relocate background wells and implement an updated groundwater monitoring plan as part of ongoing closure activities for the impoundment. Furthermore, upgrades to the Emergency Action Plan will include improved evaluation procedures for weather-related risks.
The remaining allegation concerning the closure of the coal ash surface impoundment has not been resolved within this settlement. The EPA has refrained from commenting on other potential enforcement issues at Plant Barry.
In April 2015, national rules were established by the EPA for managing and disposing of coal ash to mitigate risks such as contaminant leakage into groundwater or air pollution through dust dispersal.
For more information about coal ash management and related activities by the agency, visit EPA’s Coal Ash website.
