EPA fines APCo; Settles Two of Three Potential Violations

MOBILE,  ALA. — The EPA has reached a settlement with Alabama Power on two issues related to potential violations at Plant Barry coal-ash pond, but the most pressing problem remains unresolved: millions of tons of coal ash remain saturated in groundwater in the unlined pond, polluting nearby waterways in a manner that does not comply with federal law.

In its January 2023 Notice of Potential Violations, the EPA cited Alabama Power’s closure plan for allowing coal ash to remain in contact with groundwater. EPA can still protect Alabamians by taking action on the third potential violation to get the toxic ash moved, or recycled.

While the current settlement does take positive steps — such as requiring additional monitoring wells and updates to the Emergency Action Plan — it does not address the core problem concerning coal ash left in groundwater.

The fact that more monitoring wells are needed reinforces the reality that coal ash poses a significant, ongoing risk — especially with the threat of flooding and hurricanes along the Mobile River. Plant Barry remains a ticking time-bomb that could lead to disastrous consequences for the Mobile-Tensaw Delta and Mobile Bay.

Earlier this year, Alabama Power announced its intention to recycle some of its coal ash from Plant Barry through a parternship with Eco Material Technologies. But as of now, Alabama Power is not legally required to follow through with the recycling plan. 

Mobile Baykeeper remains fully committed to ensuring that coal ash pollution is thoroughly addressed. We will continue to pursue our case in federal court until Alabama Power is held accountable for protecting the environment and the communities that depend on clean, safe water.