U.S. State of Alabama Coal Combustion Residuals Permit Program Proposed Denial
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Proposed Denial
On August 3, 2023, EPA proposed to deny the application submitted by Alabama Department of Environmental Management to allow the Alabama CCR permit program to operate in lieu of the federal CCR program. EPA preliminarily 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 welcomed comment on this proposal through October 13, 2023.
Public Hearings
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 hearing in the docket:
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.