EPA proposes greenlighting same Alabama coal ash program the agency denied just two years ago

WASHINGTON – Today the Environmental Protection Agency (EPA) proposed approving the state of Alabama’s coal ash disposal program. The program EPA is proposing to approve is identical to the program the EPA denied nearly two years ago after a robust scientific review. Previously EPA stated that rejecting the state’s plan would “protect overburdened communities and water sources from coal ash contamination, advancing environmental justice.” Today’s proposal is a complete reversal from the agency’s previous support for communities across Alabama.

Alabama Power, TVA, and PowerSouth have dumped millions of tons of coal ash, containing toxic substances like arsenic and mercury, into unlined water-filled pits next to rivers and lakes throughout Alabama. EPA denied the state program August 2024 stating that Alabama’s program is “notably less protective” than the federal rules, because it is allowing utilities to leave their toxic waste from coal burning power plants in unlined leaking pits, submerged in groundwater near the banks of Alabama rivers. EPA received more than 4,700 comments from citizens supporting the denial of Alabama’s program citing numerous health concerns including impacts to rivers, fish, and drinking water.

One of the starkest examples of Alabama’s coal ash threat is Alabama Power’s Plant Barry, where more than 21 million tons of toxic coal ash sits in an unlined pit within the floodplain on the banks of the Mobile River, upstream from Mobile Bay. In 2023, EPA issued a Notice of Potential Violation for Alabama Power’s plan to leave the Plant Barry coal ash in the unlined impoundment. On behalf of Mobile Baykeeper, the Southern Environmental Law Center is currently suing Alabama Power based on its site closure plan at Plant Barry.

The following statement is from SELC senior attorney Nick Torrey:  

With this proposal, today’s proposed general permit program, and the previously proposed rollbacks at the federal level, this administration is moving heaven and earth to allow more coal ash pollution. Just two years ago Alabamians celebrated when EPA heard their pleas and denied the state’s attempt to leave toxic coal ash in water filled pits next to rivers and lakes. In 2024 Alabama’s program was “notably less protective” than the federal rules, because it is allowing utilities to leave their toxic waste from coal burning power plants in unlined leaking pits, submerged in groundwater near the banks of Alabama rivers. It’s a joke to now say the same program is now in compliance. Alabama deserves better.