The goal of both the federal and state rules is to provide guidelines for closing the CCR ponds so they no longer pose the threat of a spill, and to prevent or reduce groundwater impacts due to contaminants that leach from the sites.
In our rulemaking process, ADEM held public hearings, provided public comment periods, and consulted regularly with EPA to make sure we got it right. ADEM’s regulations mirrored the federal CCR regulations. In fact, ADEM’s regulations were developed and revised in consultation with EPA over several years.
ADEM does not and cannot dictate to the power companies what method they must use. Alabama Power, PowerSouth and TVA all chose to cap in place, which they had the right to do. My pledge to hold the power companies to the stringent standards came as ADEM prepared to hold the first of a series of public hearings on the utlilities’ CCR permit applications. The hearings allowed the public – residents, environmental groups and others – opportunities to weigh in on the proposed permits.
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