By Chris Peeks December 22, 2023
Alabama Power begins Coal Ash Plan settlement negotiations with EPA. Alabama Power agreed to participate in both good faith and #039; negotiations with the US EPA to "begin discussions for an agreed resolution of CCR issues at Plant Barry." AD CCR, or Coal Combustion Residue, commonly called Coal Ash, is at the center of a lawsuit filed by Mobile Bay Keeper regarding Alabama Power's plan to close the Axises Plant Barry coal ash ponds. In a letter to the EPA, Alabama Power says meetings could begin as soon as mid-to-late January. In the filing, Alabama Power says it is in compliance with all CCR-related regulations and is "committed to working with EPA to ensure Plant Barry complies with federal CCR regulations." In January, the EPA sent Alabama Power a notice of potential violations over its plan to close a coal ash pond,. In October, a federal judge recommended that the trial continue. Judge Sonya Bivens noted in her analysis that "EPA did not adopt ADEM's CCR rules, and they do not act in lieu of the CCR rule. Accordingly, the signer finds that the question of whether Alabama Power's closure plan complies with the federal CCR- rule has changed." has not been addressed, and therefore recommends that Alabama Power's motion and No. 039 to dismiss on additional removal be denied.
Chris Peeks
Reporter and Columnist
Alabama Political Contributor
Source Brad Gunter WPMI