This web document is a posting of the printed document of the same name and made possible through a grant from the League of Women Voters of Alabama Education Fund. It is for the sole purpose of educating citizens without bias on the issue of environmental management of land, air and water resources in Alabama. Contact information for federal and state environmental regulatory agencies and emergency response phone numbers are also provided. Find out more about this publication.

Although the major laws and regulations affecting the environment date from the early 1970's, environmental management is still a relatively new and evolving field. Often publication on the subject becomes outdated in some specific area before it can be distributed. Since the formation of the U.S. EPA; many people have become aware of environmental threats to clean water, air, and land. Even today, many citizens are not aware of the multiple laws, regulations, and various agencies involved. The lack of laws also plays a role in environmental management in Alabama.

In a September 14, 1998 letter to the newspaper editors around the state,

"Environmental Management in Alabama" is a publication of the League of Women Voters of Alabama Education Fund. The original publication is printed on recycled paper. Cover art is by Shannon Hamil Zaninovich.

James W. Warr, the Director of the Alabama Department of Environmental Management (ADEM), discussed the controversy over the location of new industry in the state. He cited a new rock quarry in Limestone County, a new hog farm in Montgomery County and a new chemical plant in Mobile County as examples. These projects had at least four factors in common, according to Mr. Warr - many of the nearby residents are opposed to the projects, no plan for overall development of the area exists, no zoning authority exists in the project areas, and all require permits from ADEM.

Due to the lack of other public forums, ADEM's public forum on the permit was the only forum available to the residents of the respective areas to express their concerns. Mr. Warr stated, " While there are many legitimate issues related to siting such facilities, in many instances these are beyond the jurisdiction of ADEM. Concerns, which are frequently identified, include noise, traffic, aesthetics, property values, unsightliness, inappropriate development, opposition to development of any kind, and other 'quality of life' considerations. Understandably, the legal limitations under which ADEM operates can be frustrating to those who have concerns".¹

Municipalities are authorized to implement planning and zoning programs, but only a few

About this publication... The League of Women Voters of Alabama, like the League of Women Voters of the United States, has a longstanding commitment to the support of legislation and citizen action to preserve and enhance the environment. This report, Facts and Issues: Environmental Management in Alabama, was published in 1999. It was prepared by a committee of the League of Women Voters of Alabama: Sybylle Barron, Kathy Bolland, Ruth Ott, and Maxine Rosser, Chair, based on information provided by Sue Robertson. This publication was made possible by a grant from the League of Women Voters of Alabama Education Fund. Return to Top of Environmental Management in Alabama

counties have sought authority from the Alabama Legislature for similar authority in the unincorporated areas. In the conclusion to his letter Mr. Warr urged counties to seek the authority to implement planning and zoning programs from the Alabama Legislature.

Citizens often become concerned over a specific siting of a industry or facility but once that issue has be resolved, they wait until the next crisis before they become active in environmental issues again. While this document will provide a summary of the status of some of the environmental issues in the state, we urge you to take additional steps and determine what issues are of concern in your specific area and what can be done on a local level to correct them.

Before water pollution laws were adopted by the U. S. Congress, industrial waste could be released untreated into surface water, injected into wells; buried in landfills, released into the air where it is brought to earth by rain, snow, and hail, sent through municipal sewer or stormwater systems, or leaked from deteriorating tanks or drum storage either above or below ground. Industrial waste can also be released to the environment from spills at the industrial site, trucks, trains or surface water transportation.

Before 1960 most hazardous waste was disposed into oceans,³ and before regulation under RCRA (Resource Conservation and Recovery Act intended to reduce hazardous waste) in 1976, up to 90 percent was probably disposed in unlined and unmonitored landfills, often near the site of generation.^4/162-163

ADEM can regulate any pollutant. Items to be regulated include not only toxicity of effluents, but also temperature, pH, dissolved oxygen, bacteria, and turbidity. ADEM can set requirements more stringent than that recommended by the U.S. Environmental Protection Agency (EPA) guidelines, but all requirements must be at least as stringent as EPA's. In order to receive federal funding and to operate a delegated program, the regulations adopted by the Alabama Environmental Management Commission for ADEM must be approved by EPA for equivalency to federal requirements.

Most industries employ large testing firms for required analyses. Except for drinking water, Alabama has no law that requires certification of laboratories in other areas. In recent years proposed legislation requiring certification of labs for other environmental sampling has been introduced into the Alabama legislature but has not passed. ADEM laboratory personnel conduct performance audit inspections, including reviewing analytical techniques, records, instrumentation and quality control procedures. On all major industrial and major municipal facilities that have National Pollutant Discharge Elimination System (NPDES) permits, EPA sends blind samples of unknowns and requires the labs that test effluents of those facilities to analyze those samples.⁵

When ADEM received primary responsibility for the Underground Injection Control (UIC) program in 1983, regulations prohibited any new

Class 1 Wells	Waste water wells below the lowermost Underground Source of Drinking Water (USDW)
Class II Wells	Deep injection wells for the disposal of fluids brought to the surface during oil and gas production activities (The Oil and Gas Board has statutory responsibility for regulation.)
Class III Wells	Used for mining and mineral resources (Alabama has one, used for the production of salt water to be used as a raw material in an industrial process.)
Class IV Wells	Hazardous waste injected above an USDW
Class V Wells	Nonhazardous waste wells above an USDW, which by law cannot violate drinking water standards in an USDW

Class I injection wells. The two still operating in Alabama handled nonhazardous waste and ceased operation in 1994.

Class IV wells are banned by Alabama and federal regulations, and when discovered, enforcement action is taken requiring the well to close and ground water to be remediated or cleaned up. Alabama presently has 215 active Class V facilities with a total of 519 wells. Thirty (30) of these wells receive water from coal washers, 151 from car and truck washes, I1 from storm water runoff sites, 20 from heat pumps, 1 from a landfill leachate treatment system and 5 wells are being used on a experimental basis for groundwater remediation.⁶

As rainwater and melted snow percolate through soils, aquifers are replenished and waters drain into streams and rivers. A 1984 census estimated that only 19 percent of operators of 16,416 landfills in this country monitored groundwater quality under the landfills and about 8.5 percent monitored impacts on surface water quality.^7/6

In 1983, EPA estimated there were 181,000 such surface impoundments in the United States, of which 93 percent had high or intermediate potential to contaminate groundwater through seepage or overflow.'

When the federal government first charged the Public Health Service to work with states to develop basin-by-basin pollution abatement programs in 1948, 125 municipal sewer systems in Alabama had no treatment, 104 had primary, and the remaining 21 had secondary.^2/12 In 1997, all Alabama municipal waste water treatment systems have secondary treatment and 36% have advanced treatment in excess of secondary treatment.^8/10 Most industries are now required to pretreat effluent that goes into sewer systems and the municipality as well as ADEM monitors these releases.

Contaminants from gas stations, auto repair yards, junkyards, dry cleaners, car washes, as well as residential yards, do get flushed by rainwater runoff into storm drains. Other contaminants enter the environment through accidental spills. In March 1992, Alabama was the first state in the southeast to receive EPA approval for its Wellhead Protection Program^9/7, which could attract funds to help control these unregulated sources of contamination. The program will identify well protection boundaries, inventory contamination sources, and develop a plan to reduce hazards.

The EPA has also required larger cities to have NPDES permits and associated contamination limits for storm sewer systems. The Cities of Huntsville, Montgomery, Jefferson, Shelby, Mobile, and Baldwin counties have been required to obtain permits. In October of 1999, EPA is scheduled to name other cities and counties in the U.S. that will be required to obtain permits for their municipal separate storm sewer systems (MS4). EPA's proposed regulations included cities such as Tuscaloosa, Dothan, Anniston, Gadsden, Florence, Muscle Shoals Tuscumbia, Sheffield and Decatur as well as surrounding areas.

ADEM manages a revolving loan program and conducts design reviews for federally-funded sewerage works, permits municipal and some public and private domestic treated wastewater and stormwater effluents and manages the municipal operator certification program. The Water Quality Section (334-271-7826) develops wasteload allocations, reviews and revises water quality standards, drafts and updates water quality management plans, and manages associated grants and programs.

Onsite sewage treatment and disposal systems (OSS) are used to provide domestic wastewater treatment and disposal where a municipal wastewater treatment plant is not available. Unlike a municipal wastewater treatment facility where central but remote treatment is provided, OSSs are usually constructed on each individual lot for homes or business establishments in an unsewered area. Most OSSs are conventional septic tank systems which typically consist of a septic tank followed by a subsurface or underground wastewater infiltration system. However, there is currently a trend toward the development of communal systems, where multiple dwellings are tied into a common subsurface disposal site, and these can involve a range of technologies. Also, the entire wastewater disposal industry is experiencing a significant growth in concepts and hardware.

In Alabama, the septic tank system is the most common and inexpensive way to treat and dispose of domestic sewage in rural areas. Almost two million people, or half the population of Alabama, are being served by OSSs. The use of onsite sewage treatment and disposal systems is continuing to In-crease. However, approximately 25 percent of the state's OSSs are unsatisfactory or malfunctioning, and the potential for the spread of disease through contamination of groundwater is on the rise. The estimated 25 percent failure rate is measured by the number of unapproved systems, illegal systems, and repair permits issued/approved. Often, failed systems are found in clusters, notably in small communities, and this is an area where the advent of communal systems may have great potential.

Some homes are still being built and some manufactured housing is installed without a proper OSS. The health department is hampered by the lack of authority to tie a septic tank installation with building permits, or installation of other services such as electricity, water, or phone, and lack of funds and corresponding personnel for enforcement. The lack of regulations requiring periodic maintenance and inspection of septic tanks, and the lack of personnel and funds have also hampered effective correction of failing septic tank systems.

The health departments do not have administrative penalty authority, and use the local judicial system to enforce regulations. The legal system is not always supportive of onsite sewage disposal cases brought before it for enforcement action. Some relatively serious cases have been settled with only minor punitive actions. Judges and district attorneys need to be educated on the environmental impact of failing septic tanks, in order to obtain their support for strong enforcement in this area.

The sediment from municipal sewerage lagoons is tested for industrial pollutants, particularly metals. Most sludge is applied to land surfaces rather than sent to landfills. It must be "bladeable," that is, the water must have been removed. Sludge with any hazardous material must be handled like any other hazardous waste. Farmers who spread sludge on their land share liability with generators, just as landowners who store or dispose of hazardous waste on their property, even unknowingly, share liability for cleanup.

Approximately once a month there is a wreck or spill that potentially involves a drinking water supply, according to ADEM's Water Supply Branch. Haulers of solid waste must have commercial licenses and post $250,000 bond with the Alabama Department of Public Health.¹¹ Transporters of hazardous waste must also follow permitting and financial assurance requirements of the U.S. Department of Transportation (DOT) and ADEM.

The U.S. DOT publishes an Emergency Response Guidebook listing recommended responses to spills, and each community is required to have a response plan for hazardous spills.

Liquid waste is no longer accepted for disposal at any landfills in Alabama. The Underground Storage Tank (UST) program, which ADEM manages, includes trust funds for corrective action of leaking underground storage tanks storing petroleum products. In 1986 EPA estimated a third of all underground tanks are leaking^7/9. In 1986 Alabama had 35,000 underground storage tanks.¹²

By December 1998, the ADEM UST program has identified 9,238 releases from UST systems; of these, 8,928 have initiated cleanup and 7,808 have completed cleanup. Alabama presently has 17,656 active USTs. It is estimated that 92% of these are in compliance with all environmental regulations including new UST requirements that became effective in late 1998. In order to achieve compliance with new 1998 federal requirements 1,503 USTs have temporarily ceased operations until compliance is achieved.¹³

Wildlife and fish waste get into streams naturally, but concentrations of animal waste, such as those found at dairy, hog, and poultry farms, can severely contaminate surface waters. ADEM has a nonpoint source pollution management program and through memoranda of understanding works with other agencies to reduce such pollution. Alabama Soil and Water Conservation Districts work with farmers, sometimes with monetary assistance, to voluntarily correct concentrations of manure or dead birds through composting, lagoons, barriers, or other methods. In 1999, the Environmental Management Commission adopted regulations for concentrated animal feeding operations (CAFO).

The Natural Resource Conservation Service also works with farmers to control erosion. Improper use of the land can leave topsoil vulnerable to movement in wind and rain, as illustrated with severity in the "dust bowl" of the 1930s. Farmers who receive federal subsidies must protect highly erodable land or face loss of benefits. (The Center of Resource Economics, however, says its research shows few farmers are being denied subsidies.)^14/50

Stormwater regulations address sedimentation from construction on more than five acres (administered by ADEM). The Alabama Surface Mining Commission and ADEM both issue permits for some mining. Coal mining in Alabama peaked in the 1970s. In 1977-78 ADEM approved 1,014 coal projects and three new federal and state agencies were charged with regulating the coal industry in Alabama in addition to the state environmental agency: EPA, the Office of Surface Mining, and the Alabama Surface Mining Reclamation Commission.

Other types of mining, like sand and gravel quarries and phosphates, are regulated by the Department of Industrial Relations. ADEM regulates the effluent from all mining operations.

Although no regulations are specific to silviculture (timber growing), implementation of best management practices is required as necessary to protect water quality. While ADEM investigates complaints about sedimentation and chemical runoff, wood preservatives are regulated by the State Agriculture Department, as are pesticides and herbicides (unwanted plants are considered pests) under the Federal Insecticide, Fungicide, and Rodenticide Act.¹⁵ Toxic spent material from wood- preserving plants is handled as a hazardous waste. Agricultural use of pesticides and herbicides also requires permits for users who buy and apply restricted chemicals. ADEM's Mining and Nonpoint Source Section (NPS) provides pre-logging inspections and advise to land owners upon request.

In Alabama, 3.5 million people drink public water. Approximately 700 million gallons are treated each day.⁵ "Overall compliance by the state's 700 water systems (with EPA standards) was in excess of 90 percent" in 1998 according to ADEM.¹⁶

Ironically, chlorine, the disinfectant most often used to treat bacteria in public water, causes contamination itself by combining with trace levels of natural organic compounds to form trihalomethanes (THMs). Alabama's public water compliance for EPA THM standard 1998 was 97 percent.¹⁶

Delivery systems for public water can contaminate through cracks, flaking rust, or nodules in pipes that might harbor contaminants. The lead from solder once used at pipe seams can leach out, and Alabama systems have tested for lead in homes built before the 1980s, when the use of lead solder was discontinued. Most metal con-tamination has been found to be in homes where corrosive water reacts with lead or copper pipes or brass. EPA's rule for lead and copper requires systems to be monitored at targeted taps throughout the distribution system and to institute measures to reduce levels of lead and copper where the quality of the water (acidity, alkalinity, temperature, electrical conductivity) causes unacceptable levels of these substances because of corrosion.

ADEM also requires testing for the presence of some 83 inorganic and volatile and synthetic organic chemicals. Approximately 20 percent of all chemical analyses required is done by the ADEM laboratory, with the rest by certified commercial laboratories. Five state bacteriological labs did about 50 percent of the bacteriological analyses in 1998, and the others were done in water system or commercial labs.

By October of 1999, all public drinking water systems are required, under federal and state regulations, to notify the public about the contaminants in the water the system is providing, compliance with federal drinking water standards and the health impacts of any contaminant in excess of the standard. This report is required on an annual basis.

ADEM completed a study in May 1992 of all groundwater sources and found about a third in Alabama have radon above proposed standards (about 500 community systems use well water). Although radon in water is not yet regulated, levels are elevated in the Piedmont area of East Central Alabama and in the northwest section of the state. Forced aeration before delivery can remove the radon.⁵

Although ADEM requires that public water supply wells be drilled to a certain depth, encased and cement-grouted, private wells are not regulated in any way. Mortgage companies sometimes require tests on wells or springs before granting loans, and the local health department offices can tell owners how to take samples which are sent to state labs for testing for coliform bacteria, used as an indicator of other bacterial presence.

In evaluating the water quality of the nation's streams, rivers, lake, estuaries, and coastal shores, it has become apparent that regulating the traditional sources or end of pipe sources of pollution have not succeeded in bringing all the nation's waters into compliance with water use classification or in increasing the water use classification. The 1996 water quality report to Congress indicated the status of 14,770 miles of Alabama streams and rivers, 464,011 acres. of lakes, 564 square miles of estuaries, and 50 coastal shore miles Although 100% of the Gulf of Mexico shoreline was found to fully comply with its designated use only 62% of rivers and streams, 66% of reservoirs, and 27% of estuaries fully complied with their designated use. This was true of the rest of the country also, despite the billions of dollars spent on advanced treatment at municipal wastewater treatment plants and of industrial effluents.

While these sources were once the major causes to water pollution, the major source of uncontrolled water pollution is now polluted runoff. When it rains, water will transport contaminants, either physically or as dissolved or chemically altered material, directly to streams and rivers or to storm drains which discharge into them. Runoff from our urban streets and parking lots, parks and golf courses, residential areas, construction, agricultural and silviculture activities etc. increase the contaminant load in our streams and rivers. In the spring of 1998, Vice President Gore announced a proposal to address polluted runoff in his Clean Water Action Plan (CWAP). This plan requires EPA and the Department of Agriculture to work together and look at water pollution from a "holistic" watershed approach and to examine all sources of possible water pollution within the water-shed and develop a plan for improving water quality by water-shed. Congress in its FY 99 budget appropriated funds to implement the clean water action plan. ADEM has started to work with other agencies charged by the Vice President to develop a comprehensive plan.

The Nonpoint Section of the Office of Education and Outreach operates a voluntary program to cope with polluted runoff. A grant program using Federal 319 funds is utilized to assess the impact of polluted runoff on Alabama's waterways, to develop polluted runoff strategies for localized watersheds as well as a state wide polluted runoff plan. Funds are also used to construct best management practices (BMPs) demonstration projects and to educate both public institutions and private citizens on the prevention and remediation of sources of polluted runoff.

The Clean Water Action Plan and the requirement for MS4 permits will be the major emphasis on water pollution for the near future. We urge citizens to become informed about the clean water action plan for the protection of their local watershed and the MS4 permit process for their area if applicable. Both the Clean Water Action Plan and the MS4 permitting process have requirements for citizen participation.

Household waste must be disposed of in municipal solid waste (MSW) landfills with permits from ADEM. These facilities are owned/operated by city or county governments or private business. Alabama law authorizes municipalities and counties to provide for collection and disposal of solid waste but does not require mandatory collection. In addition, the local governing body must grant or deny approval of new or modified landfill permits within their jurisdiction. MSW landfills also accept nonhazardous industrial waste and construction/demolition waste.

The lack of mandatory collection or enforcement of mandatory collection requirement exacerbates the illegal dumping problem in Alabama. Enforcement against illegal dumping was once difficult unless a witness that had actually observed the dumping was available. In 1997 the Alabama Legislature passed Senate Bill 168 which allows the use of names found on bills, bank statements, or other documents found in accumulations of garbage to be used in a court of law for the prosecution of violations. Both ADEM and the public health department have authority to enforce against illegal dumping of household waste.

The U.S. EPA promulgated rules October 9, 1991, commonly referred to as "Subtitle D" regulations governing municipal solid waste landfills. These rules, Part 257-Part 258, became effective October 9, 1993, for large landfills and April 9, 1994, for small landfills (100 tpd or less). The Solid Waste Branch revised rules, made application to Region IV of EPA, and received federal approval for the solid waste program in March of 1994. Since that time, MSW landfills in the state have reduced from over 90 to less than 30. Currently, every operating MSW landfill in the state of Alabama is in compliance with all applicable state and federal design criteria, which includes liners, leachate collection systems, as well as water quality monitoring systems. Currently over 5 million tons of waste are disposed annually in our MSW landfills. MSW landfills today are fewer in number; however, they tend to be much larger than their predecessors.¹⁷

ADEM requires that construction/ demolition material be disposed of in a facility with a permit from ADEM. Construction/demolition landfills cannot accept any other waste types, i.e. household or industrial waste, unless specifically approved. There are currently over 175 construction/demolition and industrial landfills with permits in the state of Alabama. Industrial landfills may accept nonhazardous industrial waste and construction/demolition debris, but not household waste, i.e. garbage.

In addition, waste such as uncontaminated concrete, soil, brick, waste asphalt paving, ash resulting from the combustion of untreated wood, rock, yard trimmings, leaves, stumps, limbs, and similar materials are not regulated by the Solid Waste Branch and may be disposed at a facility without a permit.

In 1997, Alabama industries generated 457, 492 tons of hazardous waste (1997 Biennial Report) as compared to 1,409,582 tons generated in 1995 (1995 Biennial Report). Nationally Alabama ranks 16' in quantity generated and 24`" for the number of Large Quantity Generators (LQGs). There are currently nine commercial facilities for handling waste off-site, including two for reclaiming solvents, one for batteries, and one hazardous waste landfill.¹⁷

In the late 1980's and early 1990's, the Chemical Waste Management landfill in Emelle, Alabama was a source of controversy since it was the largest hazardous waste landfill in the United States and also accepted waste from out of the state. The Alabama Legislature reacted to this controversy by passing the 1989 Holley bill, which prohibited other states from shipping hazardous waste to Alabama unless those states meet certain responsibilities for managing hazardous waste within their own borders. That same year Alabama required pre-approval of all waste streams targeted for disposal at commercial facilities in the state, and required Superfund and EPA cleanup waste to meet "land ban" treatment requirements. (Federal land ban law required treatment before hazardous waste could be buried, but Superfund and EPA-mandated cleanup waste was exempt.) In 1991, the Alabama Legislature increased taxes on the disposal of waste at hazardous waste landfills and incinerators. The fees were differential and were set much higher for waste generated out-of-state than waste generated in-state. The Holley Bill, the requirement to pretreat Superfund or EPA cleanup waste and the differential fees were eventually declared unconstitutional in federal court because of the interstate commerce clause. Although actions by the Alabama Legislature were overturned by the federal courts, hazardous waste disposal at the Chemical Waste Management landfill at Emelle has decreased to 142,572 tons in 1998 from a high of 790,716 tons in 1989. This is due to increased efforts to minimize waste generation and more on-site remediation/disposal of Superfund and EPA cleanup wastes. ADEM has a mobile-home office on site at Emelle and rotates staff to monitor compliance.

Alabama also inventoried over 600 sites that had potentially hazardous waste handled there, but most have now been found innocuous or have been cleaned up. In 1988, the state established some funding for smaller cleanups and matching funds for Superfund cleanups.

In 1993, the ADEM hazardous waste program received final authorization from the U.S. EPA to implement its AHWMMA corrective action program in lieu of the federal RCRA/HSWA program. This final major component of federal authorization allowed ADEM to fully regulate all aspects of the state hazardous waste program in lieu of the federal program.

Fiscal accountability is becoming increasingly important both for hazardous waste sources, who forever carry liability for wastes produced, and for hazardous waste managers who may have facilities in several states and might use the same collateral as bond for each.

Anyone who generates infectious (largely medical) waste must have a plan for disposal approved by ADEM. Most incinerate or autoclave infectious waste before disposal. Some are considering chemical treatment of waste. Any such waste not incinerated must be shredded or rendered unrecognizable-an aesthetic requirement.

ADEM requires landfills to have plans for recognizing and rejecting hazardous and red-bagged medical waste, and has an agreement with 46 incinerator equipped hospitals to dispose of abandoned or improperly-treated waste.¹⁹ ADEM attempts to educate infectious-waste producers about proper disposal, and checks some clinics, veterinary and doctors' offices yearly.

The federal government disposes of high-level radioactive waste, and some lowlevel that is produced by federal agencies. Federal laws passed in 1980 and 1986 require each state to dispose of low-level radioactive waste generated within its boundaries (largely from nuclear power facilities, medical, manufacturing and research activities). South Carolina presently operates a disposal facility that receives wastes from other states. Alabama is part of a state compact that selected South Carolina to be a regional site for disposal of low-level radioactive waste.

The increase in fees for disposal charged by the South Carolina facility has spurred waste minimization and waste reduction as well as disposal methods. These changes have reduced the need for a new landfill at this time.

When Alabama's Air Pollution Control Act was passed in 1971, few industries had pollution control equipment and Birmingham was probably one of the four most polluted cities in the nation (calculated as a combination of emissions and poor dispersion characteristics) with total particulate levels (TSP) of an annual geometric mean of over 260 micrograms per cubic meter (EPA standard was 75). Birmingham's level had dropped to the 60 microgram range in 1991 and particulate emissions from smoke-stacks had dropped over 90 percent statewide.^20/4

"In 1997, when nonattainment area designations (areas failing to meet national ambient air quality standards, NAAQS) were mandated by the federal Clean Air Act Amendments, 14 areas in Alabama were so designated for particulates, sulfur dioxide and ozone." ^20/4 The EPA has also established standards for carbon monoxide, nitrogen oxides and lead, the last of which was exceeded by a secondary lead in Leeds, Jefferson County.^21/7 In 1998, all areas of the state are in compliance with all NAAQS except for Jefferson and Shelby counties which exceed the ozone standard 4 to 6 times a year.²²

EPA lowered the NAAQS for particulate matter to 15 micro-grams on an annual basis using only particulate size less than 2.5 microns in size as the measurement and ozone NAAQS was reduced from 0.12 to 0.08 parts per million (ppm). Until instruments capable of measuring the new particulate standard are in use and three years of data have been obtained (2003), ADEM will not know if there are new areas of nonattainment for particulate. EPA is scheduled to designate areas of ozone nonattainment by July 2000. Mobile and Montgomery in addition to Jefferson and Shelby counties may become nonattainment. Reductions in emissions from automobiles as new automobiles replace old, sale of cleaner gasoline and reduction of NO_X emissions from large boilers will be the primary tools used to attain the new standard in Alabama.

ADEM has been developing an air toxics program since 1982.^20/4 The 1990 Clean Air Act amendments, the first changes to the federal low in 13 years, requires EPA to issue "maximum achievable control technology" (MACT) standards, within 10 years for sources that emit 10 tons per year of some 188 listed chemicals, or 25 tons combined listed pollutants. In addition to MACT, AADEM regulates air toxics by including special provisos in the permits and subsequent authorizations to operate. These could include emission limitations on raw materials required operation parameters, process and air pollution control monitoring equipment, etc.²³

Jefferson County operates a local air pollution program through its county health department, and Huntsville operates a city program, but ADEM has ultimate responsibility to see that the NAAQS are met.

Under the Clean Air Act Amendments of 1990, EPA must monitor a range of toxic pollutants in urban areas of more than 250,000 population to identify which pollutants in those areas present the greatest risk, not limited to carcinogenicity. Within five years it must propose specific actions designed to reduce by 75 percent the cancer risks from urban sources. Although EPA has published a report providing estimated emissions by 1990 by census tract, EPA has not proposed specific actions designed to reduce cancer risks from urban source. Since over 50 percent of the emissions of concern are from commercial products and auto-mobile emissions, regulation will be at the national level.

Alabama operates acid precipitation collection stations in Tallassee and Mobile. An advisory committee primarily made of industry, advised ADEM on the inventory of sulfur dioxide and nitrogen dioxide. STAR (State Acid Rain Advisory Committee) indicated in 1986 the electric power generation industry is a major industrial source of sulfur dioxide emission in Alabama.^21/13 The Clean Air Act Amendments of 1990 required reductions in sulfur dioxides and nitrogen oxides at TVA's Colbert Steam Plant and Alabama Power's Wilsonville facility in 1995. Most of the other 10 coal-fired generating plants will be required to reduce emissions by 2000.

Acid rain was the first problem to be viewed as regional in nature. ADEM is a member of the Southern Appalachian Mountains Initiative (SAMI), whose members represent eight state agencies (Alabama, Georgia, Kentucky, North Caroling, South Carolina, Tennessee, Virginia and West Virginia), federal agencies, industry, academia and the general public. SAMI's goals are to target problems such as acid rain that exist in the Southern Appalachians and to recommend pollution control options to correct those problems through scientific studies. SAMI offers and opportunity for all individuals within the Southeast to share in the development of control strategies aimed at reducing air pollution in the Southern Appalachians.

The Health Department can do an asbestos survey or analyze bulk samples for private citizens (personnel will instruct how to collect and send samples). Due to budget constraints, the Department no longer samples indoor air quality upon request. The Department continues to provide information on indoor air and can provide a list of contractors that do indoor air sampling.

The Health Department still routinely analyzes children's blood for elevated lead levels and will assist in the investigation of its cause. Using a surface instrument, the Department can also get readings on lead in paint and give instructions on the best way to handle the problem.

Next to smoking, radon is considered the second most frequent contributor to lung cancer. Radon gas occurs naturally in certain geological formations and seeps into air in building through foundation cracks and sometimes water vapor. Limited home testing was done in a pilot program of the Radiation Division of the State Health Department a few years ago. They then mapped areas prone to radon-generally Madison and Limestone Counties. There are currently no regulations of radon in Alabama, but citizens can call the toll free number for information and can purchase kits for testing.

In the early 90's, ADEM's Water Division completed a study for radon in all community groundwater sources and found a third have radon above the EPA proposed guidelines, particularly in the Piedmont section of east central Alabama and an area in the northwest corner of the state. About 500 community water systems use wells, and those systems with high levels were notified. Radon evaporates from surface water and can be removed from well water before delivery by aeration. EPA has not established standards for radon in public drinking water although regulations are still anticipated.¹⁶

Regulations require that any demolition operation or removal of asbestos containing material notify ADEM at least 10 weekdays prior to the first day of demolition or the first day that the asbestos containing material is to be disturbed. Material must be removed and disposed of according to regulations and all regulated removals involving friable asbestos containing materials must be performed by a company certified to do so by ADEM.

Alabama required that asbestos be removed from public primary and secondary schools in the late 80's.

The Office of Education and Outreach (OEO) was formed when ADEM combined a number of non-regulatory functions. This office provides assistance, through the Pollution Prevention Unit, on recycling and pollution prevention and facilitates the Waste Reduction and Technology Transfer (WRATT) Program. This was developed in conjunction with the Tennessee Valley Authority, and allows retired engineers and scientists provide confidential waste reduction assessments, upon request, to state industries. The Nonpoint Source Unit provides assistance on controlling nonpoint source pollution to the agricultural, silvicultural, mining and urban communities through education and funding for demonstration projects.

The Ombudsman's Office operates a toll free number to answer questions about the environment in Alabama, and to provide assistance to small business and citizens. If you are not sure about whom to call regarding an environmental issue, the Ombudsman can direct you.

Through the OEO, ADEM provides speakers for civic clubs, professional groups and other organizations, training seminars on environmental issues and educational materials for the general public, businesses, teachers and students.

ADEM is often criticized for not inspecting sources monthly or even daily; for relying on industry self monitoring, for not monitoring all stream segments every year for every possible chemical and for not monitoring a particular neighbor-hood for all possible air contaminants. While ADEM inspects facilities in accordance with the frequency established by the federal Environmental Protection Agency and monitoring sites/ frequency are also compliance with EPA requirements, many citizens think checks should be made more often.. As with any agency, the number of employees and the resulting products are related to funding.

ADEM has four sources of funding: state general fund appropriations, federal grant dollars from the EPA, fees charged for services and fines resulting from enforcement action. As the following chart demonstrates the amount of funding ADEM receives from the general fund has steadily decreased.²⁴

Alabama also receives less state general funds for environmental programs that any other state in the southeast. Decline in purchasing power is shown in the following table.

ADEM General Fund Appropriation (State of AL) FY 1991 - 1999

Although funds received from the EPA has increased during corresponding years, so has the requirements or amount of work required to receive the grant funding. Although ADEM continues to seek and implement efficiency measures, the amount of work is increasing at a faster pace than funding. Federal funds are also provided and must be spent in the specified areas. Although ADEM may feel that federal funds received for air activities would benefit the state more if spent on hazardous waste, grant requirements will not allow the expenditure. In addition some programs, such as solid waste management, receive no federal funds and must be funded entirely by the state.

The Clean Air Act Amendments of 1990 require the air program to charge emission fees or the fees will go to the federal treasury. The air fees can only be spent on implementing the requirements of the 1990 Clean Air Amendments. Other programs are allowed to charge fees for permits review and certifications to reimburse expenditures but are not authorized by state law to charge other fees such as emission and disposal fees. Administrative fines received by the department are refunded to the legislature after deduction of costs of the enforcement action.

While there are no easy decisions about how to spend state tax dollars, increased monitoring of air and water pollutants, and increased inspections of sources of pollution, as well as other activities requested by the public can not occur without increased funding. This funding must come from either the state general fund on from increased fees on industry which can only be authorized by the legislature.

As a result of the 1985 chemical release in Bhopal, India, the Congress passed the Emergency Planning and Community Right to Know ACT. If you want to know about a chemical spill in your community, what toxins you might be exposed to at your plant and the health effects, what potentially hazardous chemical are routinely released in your community (by facilities with 10 or more employees that manufacture or use more than "threshold " amounts of these chemicals), call your Local Emergency Planning Committee or call:

If you have a computer and a modem, you may call up the national data base on the National Library of Medicine's TOXNET system (nominal access fee). A public Library in your county will have, or can get for you, a microfiche of the latest Toxic Release Inventory.

Other Numbers:

As more American homes have computers and Internet access, traditional sources of environmental information as well as new sources are placing more information on the environment. We have listed only a few; a search on the Internet will reveal many more but these will provide the basic information.

The League of Women Voters of Alabama, like the League of Women Voters of the United States, has a longstanding commitment to the support of legislation and citizen action to preserve and enhance the environment. This report was prepared by a committee of the League of Women Voters of Alabama: Sybylle Barron, Kathy Bolland, Ruth Ott, and Maxine Rosser, Chair, based on information provided by Sue Robertson. It is printed on recycled paper. Cover art is by Shannon Hamil Zaninovich.