In a recent government meeting, officials from the Alabama Department of Environmental Management (ADEM) expressed significant concerns regarding their ongoing relationship with the Environmental Protection Agency (EPA). The discussions highlighted four critical areas where ADEM has taken an adversarial stance against the EPA, primarily due to delays and perceived missteps in regulatory processes.

The first issue revolves around the EPA's failure to timely approve ADEM's program for cleaning up coal combustion residuals (CCR), commonly known as coal ash. ADEM submitted its CCR program for approval in December 2021, but after 400 days without a decision, the state was compelled to petition the U.S. District Court for the District of Columbia to compel action. The court has since stayed the litigation to allow the EPA to finalize its proposed approval.

The second point of contention involves the EPA's recent rulemaking related to CCR impoundments. ADEM criticized the new rules for redefining key terms without public input, which is a requirement under federal law. The agency's actions were seen as inconsistent with established definitions and potentially exceeding its authority, particularly in light of a recent U.S. Supreme Court ruling emphasizing the need for explicit congressional authorization for rules with significant economic implications.

ADEM also highlighted the improper disapproval of its CCR program and the Ozone Transport State Implementation Plan by the EPA, which further complicates the regulatory landscape. The Alabama Attorney General has joined other states in appealing several of these EPA rules, indicating a broader national trend of litigation against the agency.

Since October 2023, the EPA has faced over 100 appeals and challenges, with more than 40 occurring in May alone, marking an unprecedented level of legal scrutiny. ADEM officials underscored their commitment to addressing these issues, although they clarified that they would not take the lead on national matters, leaving that role to the state attorney general.

The meeting underscored the growing tensions between state environmental agencies and federal regulators, as ADEM navigates a complex regulatory environment while advocating for timely and fair treatment from the EPA.