ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

NOTICE OF APPLICATION FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT FOR DISCHARGE INTO WATERS OF THE STATE OF ALABAMA AND REQUEST FOR COMMENTS

The following applicant has applied for an NPDES permit to discharge treated wastewater into waters of the State of Alabama:

SHELBY COUNTY

Alabama Power Company - E.C. Gaston Steam Electric Plant, PO Box 2641, Bin 12N-0830, Birmingham, Alabama 35291, NPDES Permit Number AL0003140, located at Alabama Highway 25 South, Wilsonville, Alabama, 35186, for modification of a permit which authorizes discharges resulting from stormwater runoff from capped areas of the ash pond footprint that has not had contact with CCR materials; including fire protection system waters discharging through Outfalls DSN028 and DSN029 into the Coosa River, classified as Public Water Supply, Swimming, Fish & Wildlife in the Coosa River Basin. Additionally, modifications have been proposed to incorporate the requirements of the revised 40 CFR Part 423 Steam Electric Effluent Guideline Limitations, colloquially referred to as the “Reconsideration Rule” which established new requirements for flue gas desulfurization (FGD) wastewater and for bottom ash transport water (BATW), and modifications to reflect the transition to the Department’s new Alabama Environmental Permitting and Compliance System (AEPACS).

The Department has tentatively determined that the proposed action described in this notice is consistent with the Water Quality Program regulations.
Copies of the draft permit, conditions, limitations and a fact sheet, as applicable, describing the methodology for setting the limitations and conditions and other applicable NPDES forms and related documents are available for public inspection electronically via http://adem.alabama.gov/newsEvents/publicNotices.cnt, and at the following location Monday – Friday (except legal holidays), 8:00 am to 5:00 pm.  A nominal fee for copying and/or mailing may be charged.  Arrangements for copying should be made in advance.

Jeffery W. Kitchens, Chief
ADEM-Water Division
1400 Coliseum Blvd.
[Mailing address: PO Box 301463; Zip 36130-1463]
Montgomery, Alabama 36110-2400
(334) 271-7823
water-permits@adem.alabama.gov

Persons wishing to comment may do so, in writing, to the Department's named contact above within 30 days following the publication date of this notice.  COMMENTERS SHOULD IDENTIFY THE NPDES PERMIT NUMBER ON THE FIRST PAGE OF THEIR COMMENTS.  All comments must be received in the ADEM Main Office in Montgomery no later than 5:00 P.M. on the last day of the comment period. In order to affect final decisions, comments must offer technically substantial information that is applicable to the draft permit.

A written request for a public hearing may also be filed within that 30-day period and must state the nature of the issues proposed to be raised in the hearing.  The Director shall hold a public hearing whenever it is found, on the basis of hearing requests, that there exists a significant degree of public interest in the permit application or draft permit.  The Director may also hold a hearing if he determines that it would clarify one or more issues involved in the permit decision.

After consideration of all written comments, review of any public hearing record, and consideration of the requirements of the Alabama Water Pollution Control Act, the federal Water Pollution Control Act, and applicable regulations, the Department will make a final determination.  The Department will develop a response to comments, which will become part of the public record.  The Department will post responses to comments as well as the final permit determinations to the Department’s website at http://app.adem.alabama.gov/eFile/.  To find the response to comments and final permit determination, you may search by the permit number listed in this notice.

The Department maintains a list of interested individuals who are emailed legal notices regarding proposed permits.  If you wish to receive such notices, please sign up here by entering your email address on the left side of the page and clicking the submit button.

This notice is hereby given this 10th day of May, 2023, by authorization of the Alabama Department of Environmental Management.

Nondiscrimination Statement:  The Department does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in the administration of its programs.