Alabama challenges EPA disapproval in high-stakes legal battle

The Environmental Protection Agency (EPA) has disapproved Alabama's Coal Combustion Residuals (CCR) program, citing concerns that it is less protective of public health and waterways than federal standards. The Alabama Department of Environmental Management (ADEM) argues that its CCR rule aligns with federal requirements and plans to appeal the EPA's decision.

The EPA's disapproval stems from its assessment that ADEM's permits lack adequate groundwater monitoring, timely corrective measures, and compliance with final closure requirements. However, ADEM contends that its permits are designed with appropriate monitoring systems tailored to local geology and that corrective measures can evolve during the closure process, contrary to the EPA's claims.

In a separate matter, the EPA has also disapproved Alabama's Ozone Transport State Implementation Plan (SIP), which was initially proposed for approval based on modeling that indicated Alabama did not significantly impact downwind states. The EPA later delayed this approval, citing the COVID-19 pandemic, and subsequently disapproved the plan in 2022, affecting Alabama and 18 other states. ADEM argues that the EPA unlawfully altered its ozone transport modeling and reduced the threshold for significant impact without proper consultation or rulemaking.

The state is currently appealing both disapprovals in multiple circuits of the U.S. Court of Appeals, with the 11th Circuit consolidating the appeals from Alabama and local electric utilities. The court has temporarily stayed the EPA's disapproval of Alabama's SIP, but has yet to rule on the merits of the case.