ALABAMA LEGISLATURE ADOPTS COAL ASH REGULATIONS

ALABAMA LEGISLATURE ADOPTS COAL ASH REGULATIONS

The Alabama Legislature has passed a bill which removes the exemption for coal ash from the state’s solid waste laws. The bill, which is currently waiting for the Governor’s signature, allows coal ash to be treated as a solid waste.

The bill states that facilities which are already permitted to store coal ash may continue to do so without additional regulatory oversight. Basically, this means that Alabama Power may continue to “wet” store coal ash in settlement ponds without additional Alabama Department of Environmental Management (“ADEM”) regulation. However, if the coal ash is moved to a landfill, ADEM would have more authority over how that ash is disposed.

The proposed bill is subject to change until the Governor signs it or the Environmental Protection Agency (“EPA”) develops a federal regulatory program which covers coal ash. The issue of coal ash disposal is being hotly contested on a federal level between environmental groups, regulatory agencies, and producers of coal ash. Federal regulation has been promised, but does not appear to be immediately on the horizon.