The Mobile-Tensaw Delta in southern Alabama is one of the most biodiverse areas of the United States, with flora and fauna that exist nowhere else on Earth. But economic and human vitality and the biodiversity of the Mobile watershed are currently at risk due in large part to the effects of industrial facilities that line the river outside of Mobile.
For example, the Barry Steam Plant is surrounded on three sides by the Mobile River. Plant Barry is a coal and natural gas-fired electrical generation facility in Bucks, Mobile County, Alabama. It lies on the west bank of the Mobile River, using it both for coal delivery as well as for cooling water. The plant discharges all its waste heat (about twice its electrical output) into the Mobile River.
With tighter environmental regulations, coal plants are simply becoming uneconomic to run. When EPA established new rules regulating water pollution related to coal ash through the Effluent Limitation Guidelines and Coal Combustion Residuals, the writing was on the wall for many plants. As a result, rather than spend tens of millions of dollars upgrading plants that were already inefficient and uneconomic, Alabama Power has decided to retire some of their coal plants including Plant Barry. However, even after coal plants stop burning coal, legacy coal ash ponds remain a serious environmental concern.
On August 3, 2023, the EPA proposed to deny the application submitted by Alabama Department of Environmental Management (ADEM) to allow the Alabama Combustible Coal Residue (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. Unfortunately, ADEM has failed to properly implement the CCR Rule. These failures show a fundamental disregard for the basic closure requirements essential to protecting Alabama’s environment and us, Alabama’s people.
Sierra Club’s “Beyond Coal Campaign”, along with many other local environmental organizations and community groups such as Southern Environmental Law Center, Black Warrior Keeper, Mobile Baykeeper and Alabama River Alliance (just to name a few), have fought for many years for clean water and a safer place for people to hike, bike, bird-watch and swim in and around the Mobile Basin.
In support of EPA’s preliminary decision, the above-mentioned environmental community led a grassroots campaign to empower the public to participate in an open comment period. As a front, we secured 90% of speakers (102 people) for the public hearings and over 4,700 comments. In addition to the organizing efforts, Sierra Club joined the Southern Environmental Law Center and submitted their technical comments.
A victory would ensure that federal rules are followed and will prevent ADEM from allowing utilities to leave toxic coal ash in unlined pits, jeopardizing our water, our lifestyle and economy. EPA is expected to rule during the first quarter of 2024.
