ADEM Grants Final Approval to Cap Coal Ash in Place at Plant Barry

The Alabama Department of Environmental Management has issued a final permit allowing Alabama Power to permanently close its coal ash storage pond at Plant Barry by capping the material in place rather than digging it up and hauling it away, closing out years of regulatory review over one of the largest industrial waste sites in North Mobile County. The decision, finalized in a determination dated July 1, clears the way for the utility to move forward with a long-planned closure method for the roughly 593-acre pond, which sits along an oxbow of the Mobile River near the Mobile-Tensaw Delta.

The approval does not require federal sign-off from the Environmental Protection Agency, though EPA review of Alabama’s coal ash program remains a separate, ongoing process. Under the approved plan, Alabama Power will dewater the pond, consolidate an estimated 21 million cubic yards of ash residue into a smaller footprint, and cover the material with a synthetic cap.

State regulators said the closure must meet performance standards that call for removing free liquids and interstitial water, shrinking the waste footprint away from nearby waterways, and installing a final cover system over the consolidated ash. The redesigned pond will be roughly 45 percent smaller than its current footprint, creating a buffer of up to 750 yards between the ash and the edge of the Mobile River, according to details of the approved permit.

Alabama Power also plans to build a redundant dike system around the site, add flood-control measures, install a subsurface retaining wall around the consolidated material, and construct internal drainage and stormwater systems. Regulators granted the utility a variance on the minimum slope requirement for the synthetic cap.

Notably, the pond itself will remain unlined once closure is complete, though the permit requires Alabama Power to operate a network of groundwater monitoring wells and carry out corrective action for 30 years after the site is capped. State officials fielded dozens of public comments during the review period, with residents and environmental advocates raising concerns about the pond’s proximity to the ecologically sensitive Mobile-Tensaw Delta, existing groundwater contamination linked to the site, long-term care once the pond is closed, and the broader question of environmental justice for surrounding communities.

In its response, the agency concluded that Alabama Power’s application complied with applicable state and federal solid waste rules and that there was no basis to deny, suspend or revoke the permit. A spokesperson for Alabama Power said federal rules require the closure to be completed within 15 years and that the company remains on track to meet that deadline.

The utility has already built a water treatment facility at the site and started the dewatering process using what the company describes as a multi-stage chemical treatment system designed to prepare the site for consolidation of the ash material. The overall closure effort at Plant Barry is part of an $860 million project.

Not everyone is satisfied with the outcome. Cade Kistler of Mobile Baykeeper, who helped organize opposition to the cap-in-place approach, said the permit does little to address the underlying risk posed by the ash.

He argued that leaving the material in an unlined pond in a flood- and hurricane-prone area merely delays a potential disaster while pollution continues to seep into the surrounding environment. Concerns about groundwater contamination at Plant Barry are not new.

Alabama Power was fined $1.25 million by the state in 2018 over contamination detected near six of its coal ash ponds statewide, including the one at Plant Barry, and monitoring since then has continued to show elevated levels of arsenic and cobalt in groundwater around the site. A similar cap-in-place closure completed in 2018 at the utility’s former Plant Gadsden has also shown continued leaching of pollutants even after the pond there was sealed, a track record critics point to as evidence the method falls short.

Kistler and other advocates have pushed for Alabama Power to instead excavate the ash and move it to a lined, upland landfill, an approach some utilities in other Southeastern states have adopted for at least a portion of their coal ash inventories. State regulators have defended their approach by noting that Alabama’s closure rules mirror federal regulations, which allow utilities to choose between capping ash in place or removing it, with each site evaluated individually.

Despite the criticism, the state agency found that the dam containing the pond, while classified as having ‘significant hazard potential,’ is currently being maintained in a manner consistent with accepted engineering practices. Alabama Power staff inspect the dam at least weekly, and third-party engineers certify its condition annually, according to regulators.

Plant Barry continues to operate two coal-fired generating units, with all ash generated today being sent to a newer, lined pond elsewhere on the property rather than the pond now being closed. The facility has also recently received air and stormwater permits for a proposed 720-megawatt natural gas unit, part of a roughly $1 billion expansion at the plant approved last year.

Kistler said Mobile Baykeeper intends to keep pressing state and federal officials on the issue, arguing that Alabama’s coal ash program has not received full EPA approval and that the cap-in-place plan for Plant Barry falls short of federal requirements. He said the group plans to continue working with elected officials and the EPA in hopes of changing the outcome for the Mobile River site.

How Federal Coal Ash Rules Apply

The federal Coal Combustion Residuals rule, which the U.S. Environmental Protection Agency finalized in April 2015 under the Resource Conservation and Recovery Act, set the first national standards for coal ash landfills and surface impoundments. It allows a utility to close an ash pond either by removing the ash or by leaving it in place under an engineered cover system. A 2016 federal law, the Water Infrastructure Improvements for the Nation Act, allowed states to seek EPA approval to run their own coal ash permit programs in place of the federal rule, as long as the state programs are at least as protective as the federal requirements.

Update: EPA later denied Alabama’s application to run its own coal ash permit program, issuing a final decision in May 2024 that cited the state’s closure requirements for unlined impoundments, its groundwater monitoring networks and its corrective action requirements. In July 2026, EPA proposed approving the state’s program; that proposal had not been finalized as of this update.

Related coverage from South AL News

• ADEM Schedules Public Hearing on Alabama Power's Plant Barry Coal Ash Closure Plan
• Saraland Hearing Draws Dozens of Voices on Plant Barry Coal Ash Plan
• Alabama Power Defends Plant Barry Coal Ash Pond Closure Plan Amid Groundwater Concerns
• ADEM Director Defends Cap-in-Place Approach to Alabama Power's Coal Ash Ponds