EPA v. ALABAMA POWER COMPANY - JAMES M. BARRY ELECTRIC GENERATING PLANT BUCKS, MOBILE COUNTY, ALABAMA

Case summary

September 26, 2024 - CONSENT AGREEMENT In 2022, the EPA conducted a technical review of the information available on Respondent's CCR website (Technical Review). On January 31, 2023, the EPA sent Respondent a Notice of Potential Violation and Opportunity to Confer (NOPV) concerning the CCR Rule based on the findings of the Technical Review. On March 20, 2023 and multiple other dates, Respondent submitted detailed technical and engineering information on soil, groundwater, and geologic conditions, among other information, on and around the Plant Barry CCR Surface lmpoundment to the EPA. On May 9, 2023 and multiple other dates, Respondent and the EPA met to discuss the disputed allegations in the NOPV concerning the Plant Barry CCR Surface lmpoundment. Since the EPA sent the NOPV, the EPA and Respondent have met to discuss the geological and hydrogeological environmental assessment Respondent has undertaken of the Plant Barry CCR Surface lmpoundment. On March 20-21, 2024, the EPA visited the Facility, which included a site tour of the Plant Barry CCR Surface lmpoundment and the Gypsum Surface lmpoundment. In its NOPV, the EPA alleged that Respondent's EAP, dated April 17, 2017 and revised on April 15, 2022, while it did include discussion of flooding and other physical events, did not include detailed narrative discussion of certain hurricane and major storm events and associated flooding, which the EPA alleges might create a safety emergency involving the Plant Barry CCR Surface lmpoundment under the CCR Rule. The EPA also alleged in the NOPV that the inundation maps contained in the EAP, delineating downstream areas which could be affected in the event of a CCR unit failure, did not account for certain extreme weather events, and that the EAP did not include a sufficient description of certain other procedures Respondent must follow. In its NOPV, the EPA alleged that Respondent relied on insufficient site-specific technical information relevant to the Plant Barry CCR Surface lmpoundment to characterize aquifer thickness, saturated and unsaturated geologic units and fill materials overlying the uppermost aquifer, materials comprising the uppermost aquifer, and materials comprising the confining unit defining the lower boundary of the uppermost aquifer, including, but not limited to, thicknesses, stratigraphy, lithology, hydraulic conductivities, porosities, and effective porosities, or to evaluate whether there was leakage from the Gypsum Surface lmpoundment. In its NOPV, the EPA alleged that Respondent's groundwater monitoring system did not consist of a sufficient number of wells, installed at appropriate locations and depths, to yield groundwater samples from the entire uppermost aquifer, to accurately represent the quality of groundwater passing the waste boundary of the Plant Barry CCR Surface lmpoundment, and to ensure all potential contaminant pathways are being monitored. In its NOPV, the EPA alleged that Respondent installed upgradient background wells for the Plant Barry CCR Surface lmpoundment which may not accurately represent the quality of background groundwater that has not been affected by leakage from the Gypsum Surface lmpoundment. Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of TWO HUNDRED SEVENTY-EIGHT THOUSAND DOLLARS [$278,000.00], which is to be paid within 30 days of the Effective Date of this CAFO. Environmental Benefit for Prevention of Future Releases can not be reported in ICIS because the Metrix currently does not exist.

Defendants (2)

• JAMES M. BARRY ELECTRIC GENERATING PLANT BUCKSNamed in complaintNamed in settlement
• ALABAMA POWER COMPANYNamed in complaintNamed in settlement

Facilities (15)

• BARRY

  NORTH HIGHWAY 43, BUCKS, AL, 36512.0

  Registry ID: 110000741270

• BARRY

  NORTH HIGHWAY 43, BUCKS, AL, 36512.0

  Registry ID: 110000741270

• BARRY

  NORTH HIGHWAY 43, BUCKS, AL, 36512.0

  Registry ID: 110000741270

• BARRY

  NORTH HIGHWAY 43, BUCKS, AL, 36512.0

  Registry ID: 110000741270

• BARRY

  NORTH HIGHWAY 43, BUCKS, AL, 36512.0

  Registry ID: 110000741270

• BARRY

  NORTH HIGHWAY 43, BUCKS, AL, 36512.0

  Registry ID: 110000741270

• BARRY

  NORTH HIGHWAY 43, BUCKS, AL, 36512.0

  Registry ID: 110000741270

• BARRY

  NORTH HIGHWAY 43, BUCKS, AL, 36512.0

  Registry ID: 110000741270

• BARRY

  NORTH HIGHWAY 43, BUCKS, AL, 36512.0

  Registry ID: 110000741270

• BARRY

  NORTH HIGHWAY 43, BUCKS, AL, 36512.0

  Registry ID: 110000741270

• BARRY

  NORTH HIGHWAY 43, BUCKS, AL, 36512.0

  Registry ID: 110000741270

• BARRY

  NORTH HIGHWAY 43, BUCKS, AL, 36512.0

  Registry ID: 110000741270

• BARRY

  NORTH HIGHWAY 43, BUCKS, AL, 36512.0

  Registry ID: 110000741270

• BARRY

  NORTH HIGHWAY 43, BUCKS, AL, 36512.0

  Registry ID: 110000741270

• BARRY

  NORTH HIGHWAY 43, BUCKS, AL, 36512.0

  Registry ID: 110000741270

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3008A — Compliance Order: Injunctive & Penalty
• RCRA 7003 — Imminent Order: Solid or Hazardous Waste
• RCRA 4005A — Solid Waste Management - Subtitle D
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA CCR — Disposal of CCR - Subtitle D

Enforcement conclusions (1)

• ALABAMA POWER COMPANY - JAMES M. BARRY ELECTRIC GENERATING PLANT BUCKS, MOBILE COUNTY, ALABAMAentered 2024-09-26

  Primary law: RCRA

  Federal penalty: $278,000

Timeline (3 milestones)

• 2024-09-26Complaint Filed/Proposed Order
• 2024-09-26Final Order Issued
• 2024-10-01Enforcement Action Data Entered