EPA rejects Alabama’s proposed coal ash regulation

MONTGOMERY, Ala. — The U.S. Environmental Protection Agency on Thursday rejected Alabama’s proposal to take over coal ash regulations, saying the state’s plan does not adequately protect people and waterways.

The agency said the state’s proposal is “significantly less protective” than federal regulations require and that it “does not require groundwater contamination to be adequately addressed when closing coal ash facilities.”

“EPA is focused on protecting people from exposure to pollutants like coal ash, which can cause cancer risk and other serious health problems,” EPA Administrator Michael S. Regan said in a news release.

Coal ash is the residue left from burning coal to produce electricity. Coal ash contains contaminants such as mercury, chromium and arsenic, which can cause cancer and other health problems. States can take over oversight of coal ash removal, but they must meet minimum federal requirements.

The EPA said it is particularly concerned about coal ash stored in uncovered ponds coming into contact with groundwater.

“Under federal regulations, coal ash facilities cannot be closed in a manner that, once closed, would allow coal ash to continue to spread into groundwater. “In contrast, Alabama’s permitting program does not require adequately addressing groundwater contamination when closing coal ash facilities,” the federal agency wrote.

The Alabama Department of Environmental Management issued a statement expressing disappointment in the decision and anticipates filing an appeal in federal court. The agency said the EPA “sought to change the benchmark” for compliance. ADEM maintains that its program meets approval requirements.

“The program and the permits issued under it lead the way in protecting society and the environment,” ADEM said.

Last year, the EPA warned that it was prepared to reject Alabama’s program, citing shortcomings in Alabama’s permitting requirements for closing unprotected surface reservoirs, groundwater monitoring and required remedial actions.

The Southern Environmental Law Center and other environmental groups praised the decision.

“Today marks a significant victory for every Alabamian who values ​​clean water,” Cade Kistler of Mobile Baykeeper said in a statement. “EPA’s final denial underscores what our communities have been saying all along – that leaving toxic coal ash in leaking pits along our rivers is unacceptable.”