30 Years of ADEM - Alabama Department of Environmental ...
30 Years of ADEM - Alabama Department of Environmental ...
30 Years of ADEM - Alabama Department of Environmental ...
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Thirty<br />
<strong>Years</strong><br />
<strong>of</strong><br />
1982 - 2012
Permits & Services Division 5<br />
Land Division 13<br />
Water Division 21<br />
Air Division 31<br />
Field Operations Division 37<br />
List <strong>of</strong> Acronyms 44
Letter From the Director<br />
It is with great pleasure that I present, on behalf <strong>of</strong> our dedicated employees, this report to celebrate the <strong>30</strong>th anniversary <strong>of</strong><br />
the <strong>Alabama</strong> <strong>Department</strong> <strong>of</strong> <strong>Environmental</strong> Management and to highlight the many accomplishments that have been achieved<br />
during this time. Created in 1982 with the bold and ambitious mission <strong>of</strong> protecting and preserving <strong>Alabama</strong>’s air, land, and water<br />
resources, <strong>ADEM</strong> has directly impacted the lives <strong>of</strong> millions <strong>of</strong> <strong>Alabama</strong> citizens and taken great strides to assure future<br />
generations will enjoy the boundless natural resources <strong>of</strong> <strong>Alabama</strong>.<br />
The accomplishments outlined in the following pages would not have been possible without the commitment and hard work <strong>of</strong><br />
our current, and former, employees. <strong>ADEM</strong> has consistently fielded one <strong>of</strong> the best trained and most dedicated, pr<strong>of</strong>essional work<br />
forces in government. They strive each and every day to ensure this great State continues to live up to its name, “<strong>Alabama</strong> the<br />
Beautiful.”<br />
Likewise, there are many individual citizens, stakeholder groups, environmental organizations, business associations, and<br />
other government agencies that have contributed to the environmental well being <strong>of</strong> our State. Working with these stakeholders,<br />
leveraging resources, and fostering effective communication has made it possible for <strong>ADEM</strong> to identify priority areas and focus<br />
limited resources to achieve significant success.<br />
As you begin to review the information in this report I encourage you to start with the overall time-line that immediately follows<br />
this introduction. This time-line highlights some <strong>of</strong> the major environmental milestones that have been achieved over the last <strong>30</strong><br />
years. As you move further into the report you will find highlights <strong>of</strong> the accomplishments <strong>of</strong> each <strong>ADEM</strong> Division. The cleanup<br />
<strong>of</strong> almost 700 illegal dump sites, the designation <strong>of</strong> almost <strong>30</strong>0 miles <strong>of</strong> rivers/streams as Outstanding <strong>Alabama</strong> Waters, the<br />
achievement <strong>of</strong> National Ambient Air Quality Standards, the issuance <strong>of</strong> more than $1 billion in clean water/drinking<br />
water low-interest loans, and the ability to measure pollutants in parts-per-trillion instead <strong>of</strong> parts-per-million are all significant<br />
accomplishments that attest to positive environmental impacts that have been realized.<br />
Interestingly, environenmental stewardship can also pay economic dividends. The assessment <strong>of</strong> old underground storage tank<br />
sites along the Selma-to-Montgomery National Historic Trail has not only reduced a major threat to groundwater resources but has<br />
also allowed these properties to be promoted for redevelopment into viable business ventures in the historically impoverished Black<br />
Belt Region. Efficient financial resource management allows high quality, protective environmental permits to be issued quickly<br />
and correctly giving <strong>Alabama</strong> a competitive advantage in attracting job providing businesses.<br />
The <strong>Department</strong> has also made great strides in the area <strong>of</strong> <strong>Environmental</strong> Justice to ensure all citizens are afforded the opportunity<br />
to participate in the regulatory decision making process. Partnerships with <strong>Alabama</strong> A&M University, <strong>Alabama</strong> State University,<br />
Tuskegee University, and Bishop State Community College have supported training events and workshops designed to engage<br />
local citizens while the internal training <strong>of</strong> <strong>ADEM</strong> employees has supported the transition to a comprehensive approach to<br />
<strong>Environmental</strong> Justice within <strong>ADEM</strong>.<br />
It is my pleasure to serve the citizens <strong>of</strong> <strong>Alabama</strong> and to work under the guidance <strong>of</strong> the<br />
<strong>Alabama</strong> <strong>Environmental</strong> Management Commission to fulfill our mission <strong>of</strong> protecting<br />
<strong>Alabama</strong>’s air, land, and water resources. It is my hope that the information contained in<br />
this report will instill in you confidence in knowing that our efforts are reaping benefits for<br />
<strong>Alabama</strong>’s environment, as well as <strong>Alabama</strong>’s economy, and will make <strong>Alabama</strong> a better<br />
place to live for today’s residents and future generations.<br />
Lance R. LeFleur,<br />
Director<br />
1
Significant Events - <strong>ADEM</strong><br />
2<br />
1982<br />
1983<br />
1984<br />
1985<br />
1986<br />
1987<br />
1988<br />
1989<br />
1990<br />
1991<br />
1992<br />
1993<br />
1994<br />
1995<br />
1996<br />
1997<br />
<strong>ADEM</strong> created with passage <strong>of</strong> the <strong>Alabama</strong> <strong>Environmental</strong> Management Act<br />
Class I UIC wells (Deep well injection below the lowermost underground source <strong>of</strong> drinking water) prohibited<br />
WANG mainframe computer system installed and is still in use today<br />
EPA and <strong>ADEM</strong> sign cooperative agreement for <strong>ADEM</strong> to perform CERCLA Assessments<br />
<strong>Environmental</strong> programs are consolidated into one building, becoming the first central <strong>of</strong>fice for <strong>ADEM</strong><br />
WANG Word Processing incorporated to replace typewriters<br />
<strong>Alabama</strong> Legislature authorized <strong>ADEM</strong> to assess administrative penalties<br />
Amendments to the Clean Water Act established the Section 319 Nonpoint Source Management Program<br />
<strong>Alabama</strong> Hazardous Substances Cleanup Fund created to provide a mechanism to investigate, remediate, and<br />
monitor hazardous substances sites that do not qualify for CERCLA<br />
First state to receive EPA approval <strong>of</strong> a State UST Trust Fund Program<br />
U.S. <strong>Department</strong> <strong>of</strong> Defense and <strong>ADEM</strong> entered into DSMOA<br />
Reservoir Monitoring Program and Clean Lakes Program Phase I Intensive Reservoir Surveys initiated<br />
NPDES Phase I Stormwater Program initiated<br />
Fish Tissue Monitoring Program initiated<br />
Outstanding <strong>Alabama</strong> Water classification established<br />
<strong>ADEM</strong> received the EPA Award <strong>of</strong> Excellence for Drinking Water Supply Program<br />
Subtitle D <strong>of</strong> RCRA adopted into <strong>ADEM</strong> regulations<br />
<strong>Alabama</strong> Comprehensive State Groundwater Protection Program was one <strong>of</strong> the first in the nation approved<br />
EPA approved Title V Operating Permit Program<br />
<strong>ADEM</strong> web page is published to establish <strong>ADEM</strong> as one <strong>of</strong> the first state agencies to begin using the internet to<br />
communicate with the public/regulated community<br />
AHWMMA permit issued to Chemical Demilitarization Facility in Anniston
1998<br />
1999<br />
2000<br />
2001<br />
2002<br />
2003<br />
2004<br />
2005<br />
2006<br />
2007<br />
2008<br />
2009<br />
2010<br />
2011<br />
2012<br />
“The Cluster Rule” became effective and virtually eliminated all dioxin discharges at pulp and paper facilities<br />
Construction completed on new central <strong>of</strong>fice building, known as the <strong>Environmental</strong> Building<br />
NPDES Phase II Stormwater Program initiated<br />
NPDES permits required for Concentrated Animal Feeding Operations<br />
<strong>Alabama</strong> Drycleaning <strong>Environmental</strong> Response Trust Fund created to establish a voluntary self-insurance program<br />
EPA approved Phase I <strong>of</strong> <strong>Alabama</strong>’s NOx SIP Call Trading Program, resulting in large decreases in NOx emissions<br />
<strong>Alabama</strong> Land Recycling & Economic Development Act enacted to provide for a voluntary cleanup program<br />
<strong>Alabama</strong> drinking water systems ranked 2nd nationwide in compliance<br />
<strong>ADEM</strong> awarded first Brownfields Pilot grant <strong>of</strong> $1 million<br />
<strong>ADEM</strong> receives the first <strong>of</strong> eight (8) EPA Exchange Network grants totaling $2.45 Million<br />
<strong>Alabama</strong> Land Recyling & Finance Authority Act passed<br />
Updated reference doses, cancer potency factors, and bioconcentration factors that are used in calculation <strong>of</strong><br />
certain human health toxic pollutant criteria<br />
EPA formally re-designated Jefferson and Shelby Counties to attainment <strong>of</strong> the 1-hour ozone NAAQS<br />
The combined drinking water and wastewater State Revolving Fund Loan Programs surpassed $1 billion in loans<br />
EPA approved Phase 2 <strong>of</strong> <strong>Alabama</strong>’s NOx SIP Call Trading Program<br />
Construction completed on the state-<strong>of</strong>-the-art laboratory building adjacent to the central <strong>of</strong>fice building<br />
EPA designated Jefferson and Shelby Counties to attainment <strong>of</strong> the 8-hour ozone NAAQS<br />
Implemented UST regulations which comply with the Energy Act requirements for secondary containment<br />
<strong>Alabama</strong> Uniform <strong>Environmental</strong> Covenants Act enacted<br />
Passage <strong>of</strong> the <strong>Alabama</strong> Solid Wastes and Recyclable Materials Management Act<br />
Revised cancer risk level used in water quality equations for all carcinogens except arsenic and revised reference<br />
doses for acrolein and phenol to be consistent with the EPA Integrated Risk Information System<br />
e-File System for the electronic internet-based file retrieval allowed public access to permits, compliance data,<br />
correspondence, and enforcement documents<br />
Awarded Brownfields Grant <strong>of</strong> $200,000 to assess sites along Selma-to-Montgomery National Historic Trail<br />
Air quality data in the Birmingham nonattainment area met the daily fine particle NAAQS (2007-2009)<br />
The Clean Water State Revolving Fund exceeded $1 billion in closed loans<br />
Air quality data in the Birmingham nonattainment area met the annual fine particle NAAQS (2008-2010)<br />
Electronic Complaint System went online to allow concerned citizens to enter environmental complaints<br />
141 miles <strong>of</strong> rivers/streams were classified less than suitable for fish and wildlife as compared to 713 miles in 1982<br />
Birmingham designated as attainment/unclassifiable for the 2008 ozone standard<br />
3
<strong>30</strong> YEARS OF <strong>ADEM</strong>
Permits & Services Division<br />
<strong>ADEM</strong> Facilities<br />
Prior to the creation <strong>of</strong> <strong>ADEM</strong> in 1982, the wide-range <strong>of</strong> environmental (air/land/water)<br />
programs were housed in different buildings throughout the City <strong>of</strong> Montgomery. In 1984 the<br />
<strong>Department</strong> rented a building located at 1751 Congressman Dickinson Drive which became the<br />
first <strong>ADEM</strong> central <strong>of</strong>fice building. The central functions remained in this building until a new<br />
central <strong>of</strong>fice building was constructed in 1999. The new state-<strong>of</strong>-the art facility, known as<br />
the <strong>Environmental</strong> Building, is located at 1400 Coliseum Boulevard in Montgomery and houses<br />
the employees <strong>of</strong> the Air Division, Land Division, Water Division, Permits & Services Division,<br />
Human Resources, and Office <strong>of</strong> General Counsel. The 120,000 square foot facility is functional,<br />
accessible, and at the time <strong>of</strong> construction was considered to be highly energy efficient.<br />
The <strong>Department</strong>’s original laboratory was also located in Montgomery from 1982 until 2006<br />
when a new laboratory/<strong>of</strong>fice building was constructed. The new Central Laboratory was<br />
completed in 2006 and sits adjacent to the central <strong>of</strong>fice. It houses <strong>of</strong>fices for the Field<br />
Operations Division staff, storage/maintenance space for field equipment, and numerous<br />
environmental laboratories. The <strong>Department</strong> has embarked on a series <strong>of</strong> improvements to<br />
increase the energy efficiency <strong>of</strong> the Central Laboratory. In addition, The <strong>Department</strong> maintains<br />
field <strong>of</strong>fices in Birmingham, Decatur, and Mobile to facilitate the rapid deployment <strong>of</strong> inspectors<br />
and emergency response personnel.<br />
State Revolving Fund Programs<br />
The Clean Water State Revolving Fund (CWSRF) was established in 1988 and closed its first loan<br />
in 1989. Over its history, more than $1 billion <strong>of</strong> loans to public bodies have provided low-cost<br />
financing for wastewater infrastructure improvements.<br />
In 2010, the <strong>Alabama</strong> <strong>Environmental</strong> Management Commission adopted changes to the<br />
program’s rules that established a state-<strong>of</strong>-the-art integrated priority system for project ranking.<br />
The first loan to address the impacts <strong>of</strong> nonpoint source pollution was subsequently closed in<br />
2011. In addition to assisting local communities, fees generated by the CWSRF have provided<br />
more than $50 million to support the <strong>Department</strong>’s water permitting programs.<br />
Likewise, the Drinking Water State Revolving Fund (DWSRF) closed its first loan in 1998. Since<br />
that time, more than $360 million in improvements to public drinking water systems have been<br />
financed by the program.<br />
Together, these state revolving fund programs have funded projects in 63 counties, ranging in<br />
cost from $85,000 to $59 million and have enhanced the treatment <strong>of</strong> wastewater along with the<br />
ability to provide <strong>Alabama</strong> residents with clean, safe drinking water.<br />
Clean Vessel Act Program & Boating Infrastructure Grant Program<br />
<strong>ADEM</strong> provides grant funds for the construction <strong>of</strong> marina pumpout stations and waste<br />
reception facilities for recreational boaters. These pumpout stations and waste reception<br />
facilities provide boaters with an easy, convenient method <strong>of</strong> disposing <strong>of</strong> their wastewater in<br />
lieu <strong>of</strong> discharging it, untreated, into <strong>Alabama</strong>’s waterways. Since 1993, <strong>ADEM</strong> has provided<br />
more than $500,000 to marinas to install boat sewage pumpout stations.<br />
<strong>ADEM</strong> also provides grant funds for the construction <strong>of</strong> docking facilities for transient vessels<br />
that are 26 feet or greater in length and non-trailerable. <strong>ADEM</strong> has awarded more than $1.6<br />
million to marinas for the construction <strong>of</strong> transient boat docking facilities.<br />
5
PERMITS & SERVICES DIVISION<br />
Section 319 Nonpoint Source Management Program<br />
The goal <strong>of</strong> the Nonpoint Source Management Program is to protect water quality from the impacts <strong>of</strong> nonpoint source<br />
pollution and to restore water quality in watersheds where nonpoint source pollution impacts have already occurred. Since 1990<br />
the <strong>Department</strong> has utilized over $60 million in funding to implement a statewide nonpoint source pollution management plan and<br />
to implement on-the-ground best management practices to improve water quality.<br />
The Nonpoint Source Management Program, through its non-regulatory approach, has supported the implementation <strong>of</strong> over 400<br />
different best management practices. These best management practices have addressed the impacts <strong>of</strong> nonpoint source pollution<br />
associated with agricultural processes, forestry activities, urban development, and mining operations. In addition, program efforts<br />
have supported education/outreach efforts, monitoring and assessment efforts, as well as statewide watershed coordinator efforts.<br />
The implementation <strong>of</strong> these key program activities has resulted in nitrogen, sediment, and phosphorous pollutant load reductions.<br />
Another key aspect <strong>of</strong> the Nonpoint Source Management Program is the development <strong>of</strong> small-scale watershed<br />
management plans that address the nine key elements that are outlined in the Section 319 grant guidelines. To date, <strong>ADEM</strong><br />
has overseen and supported the development <strong>of</strong> almost 50 small-scale watershed management plans targeting watersheds that have<br />
been identified as being impaired by nonpoint source pollution. These watershed management plans give local elected <strong>of</strong>ficials,<br />
citizens, environmental groups, and other stakeholders an opportunity to have an active role in protecting/restoring water quality<br />
at the local level.<br />
Information Systems<br />
The Information Systems Branch has grown from two members at the inception <strong>of</strong> the <strong>Department</strong> to approximately 40 staff<br />
members in 2012. This growth reflects an increase in the scope and complexity <strong>of</strong> the <strong>Department</strong>’s regulatory responsibility since<br />
its formation.<br />
Early in its history automated data processing revolved around payroll processing and personnel management, tasks that still<br />
remain as priorities. The <strong>Department</strong>’s early adoption in 1983 <strong>of</strong> a WANG mainframe computer occurred at a time when<br />
personal computers in a business/governmental environment hardly existed. By the late 1980’s the <strong>Department</strong> was using<br />
electronic data imaging and personal computers during the normal course <strong>of</strong> business. However, much <strong>of</strong> the work that the<br />
<strong>Department</strong> performed utilized mainframe computers at the U.S. <strong>Environmental</strong> Protection Agency (EPA).<br />
The <strong>Department</strong> began using a web site in 1996 to provide basic information to permit holders, the public, and other stakeholders.<br />
By 1999 the <strong>Department</strong> implemented electronic document imaging enterprise-wide. Today, approximately 1.5 million electronic<br />
documents are available, free-<strong>of</strong>-charge, via the e-File system on the <strong>ADEM</strong> web site.<br />
The advance <strong>of</strong> computing technology has also produced electronic inspection forms, web-based compliance reporting, webbased<br />
permit applications and a web site that provides permit application forms in an electronic format. Since 2003 <strong>ADEM</strong> has<br />
garnered $2.45 million in competitive Exchange Network federal grants that have been used to fund many <strong>of</strong> these new systems.<br />
Additional advancements are anticiapted that will increase efficiency, accuracy, and transparency while controlling costs even as<br />
environmental regulations change and expand.<br />
The Clean Vessel Act Program has provided more than<br />
$500,000 in grants for marinas to install pumpout<br />
stations to protect water quality in <strong>Alabama</strong> lakes and<br />
rivers.<br />
6
The Section 319 Nonpoint<br />
Source Program<br />
has utilized over $60<br />
million to work with<br />
landowners to install best<br />
management practices to<br />
improve water quality.<br />
Water Well Standards Program<br />
The <strong>Alabama</strong> Water Wells Standards Act was passed in 1971 under the direction <strong>of</strong> the <strong>Alabama</strong> Water Well Standards Board<br />
and <strong>ADEM</strong> took over this responsibility in 1982. Over the past <strong>30</strong> years, the Water Well Standards Program has imposed well<br />
construction standards and required well drillers in <strong>Alabama</strong> to be duly licensed to help protect groundwater resources.<br />
The licensing <strong>of</strong> well drillers is an integral part <strong>of</strong> the program requiring well drillers to pass a comprehensive exam and to also<br />
obtain sufficient experience in order to obtain an <strong>Alabama</strong> well driller license. Currently, there are 143 licensed well drillers in<br />
<strong>Alabama</strong>.<br />
Well drillers are required to follow certain construction standards when installing wells and are also required to notify <strong>ADEM</strong><br />
<strong>of</strong> any planned well construction. They are also required to submit to <strong>ADEM</strong> the location <strong>of</strong> all finished wells and construction<br />
details for completed wells. <strong>ADEM</strong> maintains a database <strong>of</strong> water wells drilled by licensed drillers throughout the state. The<br />
database contains well driller records for almost 26,000 water wells. When warranted, <strong>ADEM</strong> inspects well installations and<br />
initiates enforcement actions, accordingly.<br />
Signifi cant enhancements in computer technology<br />
supports electronic data submissions, electronic<br />
permit applications, and instant access to over 1.5<br />
million scanned documents.<br />
7
PERMITS & SERVICES DIVISION<br />
Water and Wastewater Operator Certification Program<br />
The <strong>ADEM</strong> Water and Wastewater Operator Certification Program was developed to ensure the safe, efficient, and proper<br />
operation <strong>of</strong> public drinking water systems and wastewater treatment systems. The certification process is an important step in<br />
protecting <strong>Alabama</strong>’s public water supplies for potable uses and in protecting the water quality <strong>of</strong> <strong>Alabama</strong>’s rivers, lakes, and<br />
streams.<br />
There are nine operator grades, or classifications, for the Water and Wastewater Certification Program. To become an operator<br />
intern each candidate must pass a rigorous, tailored exam. A candidate must then work as an operator intern under the tutelage<br />
<strong>of</strong> a qualified senior operator for a period <strong>of</strong> 6 - 36 months. The minimum required experience varies according to the level <strong>of</strong><br />
certification pursued.<br />
The program requires that process control decisions be made by a certified operator and minimum staffing requirements are also<br />
specified in the regulations. <strong>ADEM</strong> inspects facilities to confirm that a current certified operator <strong>of</strong> record is on duty and available<br />
to make process control decisions.<br />
The program has been refined and improved in recent years to impose continuing education requirements on certified operators.<br />
Minimum continuing education requirements must be met every three years. Applications for renewal are audited by <strong>ADEM</strong> to<br />
confirm that applicants have met the required training classes necessary for certification renewal.<br />
Since 2009, <strong>ADEM</strong> has also instituted a fully electronic testing procedure. For the electronic certification process, <strong>ADEM</strong> has<br />
developed a bank <strong>of</strong> tailored electronic exam questions and a contractor is employed to administer the exams. Upon completing an<br />
electronic exam at a local testing center, an examinee is provided with test results on-the-spot. Overall, the electronic testing and<br />
renewal process has greatly automated this program providing a convenience to operators at a reduced cost to <strong>ADEM</strong>. Presently,<br />
there are about 3,400 certified water and wastewater operators in <strong>Alabama</strong>.<br />
Landfill Operator Certification<br />
Building on the success <strong>of</strong> the <strong>ADEM</strong> Water and Wastewater Operator Certification Program, <strong>ADEM</strong> recently developed a similar<br />
program for the operators <strong>of</strong> municipal landfills. These new regulations were adopted in November 2009 and the certification<br />
process began implementation in 2010. To date, there are 425 certified landfill operators in <strong>Alabama</strong>, which provides an additional<br />
safeguard measure to ensure these facilities do not have an adverse impact on <strong>Alabama</strong>’s air, land, and water quality.<br />
Staff and Budgets<br />
<strong>ADEM</strong> has experienced significant increases in the number <strong>of</strong> regulatory programs it administers and its overall responsibilities<br />
over the past <strong>30</strong> years. The <strong>Department</strong> originally implemented only 10 environmental programs but now fully implements over<br />
40 different environmental programs. These programs initially focused on large industries such as paper mills, power plants, and<br />
chemical manufacturers. However, over the years those regulatory efforts have been expanded to include small businesses such as<br />
dry cleaners, gas stations, construction sites, and pesticide applicators. Consequently, staff levels and budgets have increased in an<br />
effort to keep pace with these rising demands.<br />
<strong>ADEM</strong> requires the operators <strong>of</strong> wastewater treatment<br />
plants, drinking water treatment plants, and landfi lls to<br />
pass training and testing standards to ensure protection<br />
<strong>of</strong> air, land, and water resources.<br />
8
Over $1 billion in lowinterest<br />
loans have<br />
supported improvements<br />
in drinking water and<br />
wastewater treatment in<br />
local communities across<br />
<strong>Alabama</strong>.<br />
<strong>ADEM</strong> originally employed a staff <strong>of</strong> around 200 and over the years has expanded to reach almost 625 at times. The <strong>Department</strong><br />
currently employs just under 600 full time staff members and has an operating budget <strong>of</strong> $63 million. This budget compares to an<br />
original operating budget <strong>of</strong> around $8 million in 1982.<br />
The operating budget is supported by three funding sources that include federal funds, state general funds, and other generated<br />
funds. In 1982, federal funds provided 51% <strong>of</strong> the budget, state general funds provided 28%, and other generated funds provided<br />
21%. In 2012 those percentages have changed significantly with federal funds providing 35% <strong>of</strong> the budget, state general funds<br />
providing 6%, and other generated funds providing 59%.<br />
The staff within <strong>ADEM</strong> continues to focus on identifying areas to enhance efficiency and effectiveness in the<br />
implementation <strong>of</strong> environmental programs. Improvements in technology, partnerships with other agencies, and leveraging<br />
resources with outside stakeholders have all allowed the <strong>Department</strong> to evolve over the last <strong>30</strong> years and continue to be an<br />
effective steward <strong>of</strong> its provided resources.<br />
<strong>ADEM</strong> was awarded the EPA Exchange Network<br />
Leadership Award in 2012 for its leadership and<br />
innovation regarding electronic data fl ow and data<br />
sharing.<br />
9
Significant Events - Permits & Services Division<br />
1983<br />
1984<br />
1985<br />
1987<br />
1988<br />
1989<br />
1990<br />
1992<br />
1993<br />
1995<br />
1996<br />
1997<br />
1998<br />
1999<br />
WANG mainframe computer system installed and is still in use today<br />
Wide range <strong>of</strong> environmental programs previously housed in different buildings are consolidated into one building,<br />
becoming the first central <strong>of</strong>fice for <strong>ADEM</strong><br />
WANG Word Processing incorporated to replace typewriters<br />
Amendments to the Clean Water Act established the Section 319 Nonpoint Source Management Program<br />
WANG Imaging System incorporated to manage the sheer volume <strong>of</strong> paperwork generated by the <strong>ADEM</strong> regulatory<br />
programs. The electronic images still exist today and are retrievable via the <strong>Department</strong>’s public, web-based<br />
system, e-File<br />
The first Nonpoint Source Assessment and Nonpoint Source Management documents approved by EPA<br />
The first Clean Water State Revolving Fund loan closed for the Ozark Utilities Board<br />
<strong>Alabama</strong> is allocated $760,000 to initiate its Nonpoint Source Management Program<br />
Micros<strong>of</strong>t NT Server and Exchange E-mail implemented as a new technology that was just beginning to come into<br />
use in universities, private industry, and the military<br />
Initial deployment <strong>of</strong> personal computers with Windows 3.0/3.1<br />
Continued implementation <strong>of</strong> personal computer efforts with installation <strong>of</strong> Windows 95<br />
<strong>ADEM</strong> web page is published to establish <strong>ADEM</strong> as one <strong>of</strong> the first state agencies to begin using the internet to<br />
communicate with the public/regulated community<br />
New EPA grant guidelines direct states to develop watershed management plans that contain 9 key elements<br />
The first Drinking Water State Revolving Fund loan is closed for the Town <strong>of</strong> Nectar<br />
FileNet electronic document filing system implemented which now allows anytime access to over 1.5 million<br />
documents<br />
Construction completed on new central <strong>of</strong>fice building, known as the <strong>Environmental</strong> Building<br />
10
2000<br />
2001<br />
2003<br />
2005<br />
2006<br />
2007<br />
2009<br />
2010<br />
2011<br />
2012<br />
<strong>ADEM</strong> partners with stakeholders to revise/update the 1989 <strong>Alabama</strong> Nonpoint Source Management Plan<br />
<strong>ADEM</strong> begins to focus Section 319 grant funds on implementing the nonpoint source components <strong>of</strong> approved<br />
Total Daily Maximum Loads<br />
<strong>ADEM</strong> receives the first <strong>of</strong> eight (8) EPA Exchange Network grants totaling $2.45 million to streamline data<br />
management and to facilitate efficiency/accuracy in data management<br />
The combined State Revolving Fund Loan Program surpassed $1 billion in loans with the closing <strong>of</strong> a $25 million<br />
loan to the Shelby County Commission<br />
Construction completed on the state-<strong>of</strong>-the-art laboratory building adjacent to the central <strong>of</strong>fice building<br />
<strong>ADEM</strong> receives EPA recognition <strong>of</strong> Flint River Nonpoint Source Success Story and the de-listing <strong>of</strong> a 28 mile segment<br />
<strong>of</strong> the Flint River due to water quality improvements<br />
e-File System for the electronic internet-based file retrieval allowed public access to permits, compliance data, correspondence,<br />
and enforcement documents<br />
A new state-<strong>of</strong>-the-art integrated priority system and expanded project eligibilities ensured the CWSRF was prepared<br />
to address the most pressing water quality infrastructure needs<br />
The closing <strong>of</strong> a $7 million loan to the City <strong>of</strong> Dothan allows the Clean Water State Revolving Fund to exceed $1<br />
billion in closed loans<br />
<strong>ADEM</strong> exceeds $60 million in Section 319 grant funding to address the impacts <strong>of</strong> nonpoint source pollution<br />
Electronic Complaint System went online to allow concerned citizens to enter environmental complaints online<br />
and check the status <strong>of</strong> action(s) taken<br />
11
<strong>30</strong> YEARS OF <strong>ADEM</strong>
Land Division<br />
Overview<br />
During the past <strong>30</strong> years, the success <strong>of</strong> the Land Division has been achieved through<br />
innovative organization and a clear dedication to the <strong>Department</strong>’s mission. Through the<br />
Division’s “one program” approach, regulatory consistency and facility equality improved the<br />
overall effectiveness <strong>of</strong> each individual program. The <strong>Department</strong> is able to decide which<br />
regulatory program best serves the need <strong>of</strong> both the regulated community and the public.<br />
Programs such as the Voluntary Clean Up and Brownfields have allowed facilities to address<br />
environmental concerns and return those sites to usable space which has an economic<br />
benefit for the State <strong>of</strong> <strong>Alabama</strong>. Through the <strong>Alabama</strong> Scrap Tire <strong>Environmental</strong> Quality Act,<br />
a management program has been established which allows for the assessment and remediation<br />
<strong>of</strong> scrap tire dumps scattered throughout the state. Following the example <strong>of</strong> this action, the<br />
<strong>Alabama</strong> Solid Waste and Recyclable Materials Management Act was passed in 2008, which has<br />
funded the cleanup <strong>of</strong> numerous unauthorized dumps and provided recycling grants for<br />
local governments. By having all these programs under one Division, it promotes effective<br />
assessment, remediation, and restoration <strong>of</strong> contaminated sites to ensure the protection <strong>of</strong> both<br />
the environment and the citizens <strong>of</strong> <strong>Alabama</strong>.<br />
Solid Waste Branch<br />
The Solid Waste Branch oversees the <strong>Department</strong>’s Solid Waste Program, Recycling<br />
Program, and Scrap Tire Program. These programs cover landfill permits, scrap tire registrations,<br />
recycling facility registrations, scrap tire marketing, and remediation <strong>of</strong> illegal scrap tire and<br />
unauthorized dump sites. Funding for the Solid Waste Program and Recycling Program is<br />
provided by the Solid Waste Fund which is generated from the $1.00 per ton tipping fee<br />
assessed on solid waste disposed <strong>of</strong> in <strong>Alabama</strong> landfills. The Scrap Tire <strong>Environmental</strong> Fee<br />
funds the Scrap Tire Program to support the cleanup <strong>of</strong> scrap tire dumps through the assessment<br />
<strong>of</strong> a $1.00 per tire fee on all retail tire sales in <strong>Alabama</strong>.<br />
The Solid Waste Engineering Section is responsible for issuing permits and permit<br />
modifications for solid waste landfills in <strong>Alabama</strong>. The Enforcement and Remediation Section<br />
responds to any complaints <strong>of</strong> unauthorized dumps (UADs) and has remediated over 700 UADs<br />
by enforcement actions or through Solid Waste Fund projects. Four large scrap tire remediation<br />
projects have been completed at a cost <strong>of</strong> nearly $6 million. From those four sites, approximately<br />
7 million passenger tire equivalents were removed with over 50% beneficially reused in lieu <strong>of</strong><br />
landfill disposal.<br />
The Recycling Program is responsible for grants and facility registrations. In 2008, the <strong>Alabama</strong><br />
Recycling Grants Program was created to provide funding for communities to enhance and<br />
promote local recycling efforts. In the first four years <strong>of</strong> the program, almost $7 million has<br />
been awarded to 58 applicants. The Recycling Facility Registration Program, which went into<br />
effect in 2010, regulates the management <strong>of</strong> reusable materials in <strong>Alabama</strong>. Recycling facilities<br />
are required to register with the <strong>Department</strong> and maintain records on the amount <strong>of</strong> materials<br />
recycled.<br />
The <strong>Alabama</strong> Scrap Tire <strong>Environmental</strong> Quality Act was signed into law in 2003 and provided<br />
a funding mechanism for scrap tire management through the assessment <strong>of</strong> a $1.00 per tire fee<br />
on all retail sales <strong>of</strong> tires in <strong>Alabama</strong>. The Act also prescribed how collected funds were to be<br />
allocated to support activities <strong>of</strong> fund disbursement, regulation, marketing, site<br />
remediation, and county delegation. Additionally, it directed <strong>ADEM</strong> to establish a ranking system<br />
13
LAND DIVISION<br />
for accumulation sites and regulations for the management, transportation, disposal or reuse <strong>of</strong> scrap tires and a regulatory<br />
system for site remediation. The regulatory program instituted provides for the registration <strong>of</strong> Scrap Tire Receivers, which includes<br />
separate classes for tire retailers and salvage and fleet operations. The permitting program initiated provides for permitting <strong>of</strong><br />
scrap tire transporters, processors and end-users, and includes provisions for the storage and transportation <strong>of</strong> scrap tires as well<br />
as other requirements.<br />
Demonstration projects to increase potential markets for scrap tire materials have been done in conjunction with several state<br />
agencies and municipalities for a variety <strong>of</strong> applications such as walking tracks, playground and landscaping mulch, septic<br />
system field lines, and sidewalks. More than 100,000 tires have been diverted from landfill disposal and beneficially reused in<br />
these projects. These projects have served to increase public awareness <strong>of</strong> the possible utilization <strong>of</strong> scrap tire material.<br />
Hazardous Waste Management Program<br />
The Hazardous Waste Management Program identifies hazardous wastes and establishes standards for its accumulation,<br />
transportation, storage, treatment, and disposal. In 1987, <strong>ADEM</strong> became authorized under the Resource Conservation and<br />
Recovery Act (RCRA) to manage the hazardous wastes in <strong>Alabama</strong> in lieu <strong>of</strong> EPA. Under the established guidelines <strong>of</strong> EPA, <strong>ADEM</strong><br />
has accomplished a 100% goal for the RCRA permitting baseline goal at a pace that exceeded EPA interim goals.<br />
A notable accomplishment for the program was the permitting <strong>of</strong> the state’s only commercial Subtitle C (Hazardous Waste)<br />
landfill. Through its administration <strong>of</strong> permitting, compliance monitoring, and enforcement <strong>of</strong> these preventative measures, the<br />
overall standard <strong>of</strong> care for managing hazardous wastes has greatly increased throughout the State as compared to that exhibited<br />
prior to the establishment <strong>of</strong> modern regulatory controls and standards. As a result, there have been no significant impacts to the<br />
environment from post-regulatory waste management practices. In addition, through recycling and innovative process controls<br />
employed on the point <strong>of</strong> generation, <strong>Alabama</strong> has seen a sharp decline in the quantity <strong>of</strong> hazardous wastes being disposed <strong>of</strong><br />
each year.<br />
In 1996, the <strong>Department</strong> became authorized to manage the corrective action activities for the majority <strong>of</strong> the sites that had been<br />
identified. Approximately 200 <strong>of</strong> those sites have corrective action cleanups underway and/or completed.<br />
In addition to these sites, the <strong>Department</strong>, in cooperation with the <strong>Department</strong> <strong>of</strong> the Army, has expedited the cleanup <strong>of</strong> several<br />
restoration sites to support the construction <strong>of</strong> the new Raytheon Missile Production Facility. This expeditious cleanup reduced the<br />
period needed by the Army to obtain regulatory approval by over one year and allowed the construction to begin on the Raytheon<br />
Missile Production Facility ahead <strong>of</strong> schedule.<br />
Anniston Chemical Demilitarization Facility Program<br />
The Anniston Chemical Demilitarization Facility (ANCDF) was constructed and operated with the sole purpose <strong>of</strong> safely<br />
destroying 661,529 nerve agent and mustard agent filled munitions that were stored onsite. While the destruction process<br />
began in August <strong>of</strong> 2003, the <strong>Department</strong>’s work began over ten years prior to that date when <strong>ADEM</strong> scientists and engineers<br />
began reviewing applications and preparatory materials. <strong>ADEM</strong> issued the <strong>Alabama</strong> Hazardous Waste Management Act Permit in<br />
July <strong>of</strong> 1997 after more than 25 public hearings and question/answer sessions had been held in the community in an effort to ensure<br />
Over 71,000 work hours were committed to monitor<br />
activities 24/7 to ensure the safe destruction <strong>of</strong> over<br />
650,000 chemical weapons in Anniston.<br />
14
Over 25,000 tons <strong>of</strong><br />
solid waste materials<br />
have been removed<br />
to clean up over 700<br />
illegal dump sites.<br />
that the public was informed about the destruction process.<br />
Since August <strong>of</strong> 2003, <strong>ADEM</strong> has monitored activities at the ANCDF by maintaining an onsite presence 24 hours a day, seven<br />
days a week and committed over 71,000 work hours to ensure adherence to permit and regulatory requirements. Out <strong>of</strong> the three<br />
locations where the Army has operated chemical agent incineration sites, only the ANCDF site has been monitored 24 hours a day<br />
by the state regulatory agency. The last <strong>of</strong> the 661,529 munitions was destroyed on September 22, 2011.<br />
School Chemical Cleanout Program<br />
Working under small EPA grants, <strong>ADEM</strong> visited numerous <strong>Alabama</strong> public high schools concentrating on those that received<br />
Title I funds (service environmental justice communities). The visits revealed that up to one half <strong>of</strong> the schools had outdated<br />
laboratory chemicals which would be classified as hazardous waste upon disposal. The schools had been holding the chemicals for<br />
extended periods due to both a lack <strong>of</strong> funding to pay for disposal and a lack <strong>of</strong> knowledge about how to properly dispose <strong>of</strong> the<br />
chemicals. <strong>ADEM</strong> assisted these schools in identifying the wastes that needed to be disposed, safely packaging the wastes, and<br />
transporting them for proper disposal to a permitted hazardous waste landfill. <strong>ADEM</strong> also provided educational guidance in<br />
reducing or eliminating the need for stockpiling laboratory chemicals for future use. This protected children’s health by removing<br />
a significant hazard to the students, faculty, and staff and provided the school with the opportunity to avoid this problem in the<br />
future.<br />
As part <strong>of</strong> this effort, <strong>ADEM</strong> removed over ten tons <strong>of</strong> waste chemicals from 110 public schools in <strong>Alabama</strong>. <strong>ADEM</strong> also removed<br />
over 100 pounds <strong>of</strong> elemental mercury and over 500 mercury thermometers and mercury containing devices from another 45<br />
<strong>ADEM</strong> assisted 110 schools in removing over 10 tons<br />
<strong>of</strong> outdated laboratory chemicals to ensure their safe<br />
disposal in a permitted hazardous waste landfi ll.<br />
15
LAND DIVISION<br />
schools.<br />
In 2009 <strong>ADEM</strong> was recognized for its achievements in support <strong>of</strong> the Schools Chemical Cleanout Campaign by EPA at their SC3<br />
School Labs Cleanout Awards Meeting. <strong>Alabama</strong> was one <strong>of</strong> only two states to be recognized for this award.<br />
<strong>Environmental</strong> Services Branch<br />
The <strong>Environmental</strong> Services Branch is responsible for the <strong>Alabama</strong> Hazardous Substance Cleanup Fund (AHSCF), the Brownfield<br />
Redevelopment Program (Brownfields), and the Voluntary Cleanup Program (VCP). Since 1990, 313 sites have been addressed<br />
under the AHSCF, with an expenditure <strong>of</strong> approximately $2.7 million. There are many other sites which were initially screened by<br />
<strong>ADEM</strong> under AHSCF that have been referred to the appropriate state and/or federal program for assessment and cleanup. Some<br />
are considered Superfund-equivalent sites, which are being assessed jointly by <strong>ADEM</strong> and EPA.<br />
Through the Brownfields and Voluntary Cleanup Programs <strong>ADEM</strong> has assessed, cleaned up, and returned to productive use almost<br />
250 properties that were either contaminated or thought to be contaminated. Brownfield sites usually are idle, underutilized, or<br />
abandoned and provide no useful benefit to the community. The <strong>Department</strong> has conducted brownfields initial assessments for<br />
local governments and non-pr<strong>of</strong>it organizations in an effort to support redevelopment and potentially increase employment and<br />
local tax bases while removing blight. Through this program, these sites have been converted into viable assets. Currently, <strong>ADEM</strong><br />
has about 200 applicants in the program.<br />
In 2008, <strong>ADEM</strong> began assessing sites along the Selma-to-Montgomery Historic Voting Rights Trail (Trail). <strong>ADEM</strong> partnered with<br />
EPA, the National Parks Service, and other federal/state agencies to assist communities along the Trail to identify brownfield<br />
sites, assess sites, and share information with community leaders about remediating and redeveloping these sites to revitalize<br />
blighted areas, increase employment opportunities, increase local tax bases, and conserve greenspace. Activities began in 2009 to<br />
create a workgroup <strong>of</strong> federal agencies, state agencies, and municipalities to promote redevelopment and job creation. <strong>ADEM</strong><br />
conducted a brownfields survey <strong>of</strong> petroleum sites located along the Trail, and with assistance from EPA, conducted a number<br />
<strong>of</strong> site assessments.<br />
Since 2009, numerous meetings with community leaders, municipal and county <strong>of</strong>ficials, developers, financiers, and concerned<br />
citizens have been held in Selma, Selmont, Hayneville, and west Montgomery. In addition, outreach activities have been conducted<br />
that include visioning/charette sessions in west Montgomery, Hayneville, Selmont, Selma, and Uniontown.<br />
Underground Storage Tank Program<br />
The Underground Storage Tank Program regulates underground storage tanks (UST) containing petroleum and hazardous<br />
substances. The UST Corrective Action Section oversees corrective actions and cleanup <strong>of</strong> releases from underground and<br />
aboveground storage tanks. The program administers the <strong>Alabama</strong> Underground and Aboveground Storage Tank Trust Fund which<br />
serves as a financial responsibility mechanism for underground storage tank owners/operators and for aboveground storage tank<br />
owners who meet the eligibility requirements. Abandoned UST sites are investigated and remediated through the administration<br />
<strong>of</strong> the Leaking Underground Storage Tank Trust Fund which receives funding from EPA.<br />
Almost $7 million in recycling grants have been<br />
awarded to start new recycling programs, or enhance<br />
existing programs, and support the purchase <strong>of</strong><br />
equipment such as scales, balers, recycling trailers, and<br />
education/outreach materials.<br />
16
<strong>ADEM</strong> completed<br />
the cleanup <strong>of</strong> soil<br />
and groundwater<br />
contamination from<br />
leaking underground<br />
storage tanks at<br />
more than 10,000<br />
locations across<br />
<strong>Alabama</strong>.<br />
Since 1988, over 10,000 releases from underground storage tank systems have been cleaned up. Many <strong>of</strong> these were cleaned up<br />
during the removal <strong>of</strong> underground storage tank systems. Of this number, 1,989 UST releases were cleaned up utilizing funding<br />
available through the <strong>Alabama</strong> Underground and Aboveground Storage Tank Trust Fund. Over the last 24 years, $390 million has<br />
been reimbursed to eligible tank owners for site investigations, site cleanup and third party claims at over 2,900 eligible release<br />
sites.<br />
DSMOA Program<br />
To expedite the cleanup <strong>of</strong> hazardous waste sites, solid waste sites, munitions sites, and other areas <strong>of</strong> concern on current and<br />
former <strong>Department</strong> <strong>of</strong> Defense (DoD) installations, DoD and <strong>ADEM</strong> entered into the <strong>Department</strong> <strong>of</strong> Defense and State<br />
Memorandum <strong>of</strong> Agreement (DSMOA) on November 29, 1990. Under DSMOA, a Cooperative Agreement signed biennially<br />
serves as the funding mechanism by which <strong>ADEM</strong> receives federal financial assistance for eligible services at DoD facilities in<br />
support <strong>of</strong> environmental restoration. This funding resource enables <strong>ADEM</strong> to ensure that adequate staff are available to provide<br />
regulatory review and oversight <strong>of</strong> DoD environmental restoration in <strong>Alabama</strong>, ensuring compliance with the applicable State<br />
laws and regulations. The national DSMOA Program fosters improved communication, coordination, and cooperation between<br />
States and DoD components in order to facilitate progress on projects to protect human health and the environment. The State<br />
<strong>of</strong> <strong>Alabama</strong> receives approximately $2 million in cost reimbursements annually from the DoD through this program.<br />
<strong>ADEM</strong> assessed sites along the Selma-to-Montgomery<br />
Historic Voting Rights Trail for contamination to support<br />
enhanced opportunities for economic redevelopment.<br />
17
Significant Events - Land Division<br />
1982<br />
1983<br />
1986<br />
1987<br />
1988<br />
1989<br />
Authority for the regulation <strong>of</strong> solid waste disposal assumed from the <strong>Alabama</strong> <strong>Department</strong> <strong>of</strong> Public Health<br />
Underground Injection Control Program approved by EPA<br />
EPA and <strong>ADEM</strong> sign cooperative agreement for <strong>ADEM</strong> to perform CERCLA Assessments<br />
Began issuing initial Hazardous Waste Operating Permits<br />
Began issuing initial Post-Closure Care Permits<br />
Received RCRA Permitting Base Program Authorization and closed out all interim status surface impoundments<br />
State <strong>of</strong> <strong>Alabama</strong> passes the <strong>Alabama</strong> Hazardous Substances Cleanup Fund (AHSCF) to provide a mechanism to<br />
investigate, remediate, and monitor hazardous substances sites that do not qualify for, or are unlikely to be<br />
addressed by, CERCLA<br />
Implemented regulations that required all generators to obtain pre-approval for waste disposed in a<br />
commercial hazardous waste landfill, which established a new process for permitting solid waste landfills,<br />
including local government review, and imposed two year permit moratorium for study and development <strong>of</strong> a<br />
State solid waste management plan<br />
First state to receive EPA approval <strong>of</strong> a State UST Trust Fund Program<br />
1990<br />
1991<br />
1993<br />
1994<br />
1996<br />
1997<br />
UST regulations went into effect with requirements for leak detection, corrosion protection, spill/overfill<br />
prevention, and release response requirements<br />
U.S. <strong>Department</strong> <strong>of</strong> Defense and <strong>ADEM</strong> entered into the <strong>Department</strong> <strong>of</strong> Defense and State Memorandum <strong>of</strong><br />
Agreement (DSMOA)<br />
Wellhead Protection Program was the first in EPA Region IV to be approved<br />
The UST Tank Trust Fund was revised by the <strong>Alabama</strong> Legislature to include aboveground tanks and to provide<br />
additional funding<br />
Subtitle D <strong>of</strong> RCRA adopted into <strong>ADEM</strong> regulations<br />
<strong>Alabama</strong> selected as one <strong>of</strong> 11 pilot states for the development <strong>of</strong> a Comprehensive Ground Water Protection<br />
Program<br />
The <strong>Alabama</strong> Comprehensive State Groundwater Protection Program was one <strong>of</strong> the first four in the nation<br />
approved by EPA<br />
HSWA Corrective Action Base Program Authorization received<br />
AHWMMA permit issued to Chemical Demilitarization Facility in Anniston<br />
Completed issuance <strong>of</strong> initial Operating Permits received in 1983<br />
The first commercial treatment, storage, and disposal facility in <strong>Alabama</strong> is issued an AHWMMA permit<br />
18
1998<br />
1999<br />
2000<br />
2001<br />
2002<br />
2003<br />
2004<br />
2006<br />
2007<br />
2008<br />
Completed issuance <strong>of</strong> initial Post-Closure Permits received in 1983<br />
The <strong>Alabama</strong> Scrap Tire Study Commission and a $1.00 per tire scrap tire fee established<br />
<strong>Alabama</strong> Scrap Tire <strong>Environmental</strong> Quality Act established both a Scrap Tire Management Program and a<br />
remediation fund for the clean-up <strong>of</strong> scrap tire dumps<br />
Adoption <strong>of</strong> the 1991 State SWMP into the Solid Waste Program<br />
<strong>Alabama</strong> Drycleaning <strong>Environmental</strong> Response Trust Fund (DERTF) created to establish a voluntary self-insurance<br />
program<br />
<strong>Alabama</strong> Land Recycling & Economic Development Act enacted to provide for a voluntary cleanup program<br />
<strong>ADEM</strong> awarded first Brownfields Pilot Grant <strong>of</strong> $1 million<br />
<strong>Alabama</strong> Land Recycling & Finance Authority Act passed to establish a Revolving Fund Loan Program for<br />
brownfield sites<br />
<strong>Alabama</strong> Brownfields Development Tax Abatement Act enacted<br />
First Brownfields Revolving Loan Grant <strong>of</strong> $1 million awarded<br />
UST regulations implemented requiring compliance with most stringent standard for flexible piping compatibility<br />
with regulated substances<br />
<strong>Alabama</strong> Uniform <strong>Environmental</strong> Covenants Act enacted<br />
Implemented UST regulations which comply with the Energy Act requirements for secondary containment and<br />
interstitial monitoring requirements<br />
<strong>Alabama</strong> Uniform Covenants Act regulations promulgated<br />
<strong>ADEM</strong> and EPA begin focus on brownfields sites along Selma-to-Montgomery Historic Voting Rights Trail<br />
Passage <strong>of</strong> the <strong>Alabama</strong> Solid Wastes and Recyclable Materials Management Act that established a clean-up fund<br />
for unauthorized dumps, a Recycling Grants Program, a Landfill Operator Certification Program, and a $1.00/ton<br />
statewide disposal fee to fund oversight <strong>of</strong> these programs<br />
RCRA 2020 Baseline established (71 Facilities in <strong>Alabama</strong>)<br />
2010<br />
2011<br />
UST regulations implemented to comply with Energy Act requirements for UST delivery<br />
<strong>ADEM</strong> awarded Brownfields Assessment Grant <strong>of</strong> $200,000 to assess petroleum sites along Selma-to-Montgomery<br />
Historic Voting Rights Trail<br />
RCRA Facility Assessment and NCAPS rankings completed at all facilities on 2020 Baseline<br />
Corrective Action Remedies constructed at 59% <strong>of</strong> the facilities on the 2020 Baseline while the regional goal was<br />
48%<br />
19
<strong>30</strong> YEARS OF <strong>ADEM</strong>
Water Division<br />
Overview<br />
<strong>Alabama</strong>, appropriately named “The River State,” has a tremendous resource in the more than<br />
77,000 miles <strong>of</strong> rivers, creeks, and streams within its borders. In addition to these surface<br />
waters, <strong>Alabama</strong> has an abundant supply <strong>of</strong> groundwater that is utilized for drinking water by<br />
more than 40% <strong>of</strong> the State’s citizens. The Water Division is responsible for administering the<br />
programs and daily activities that ensure the protection <strong>of</strong> these resources. Most functions <strong>of</strong><br />
the Water Division fall under two federal statutes, the Safe Drinking Water Act (SDWA) and the<br />
Clean Water Act (CWA).<br />
Originally, the SDWA focused primarily on treatment as the means <strong>of</strong> providing safe<br />
drinking water at the tap. Amendments in 1996 added source water protection, operator<br />
training, funding for water system improvements, and public information as important<br />
components <strong>of</strong> safe drinking water. In 2002, the U.S. <strong>Environmental</strong> Protection Agency<br />
ranked <strong>Alabama</strong>’s drinking water systems second nationwide in compliance, and several large<br />
public water systems including Birmingham, Huntsville, Mobile, and Montgomery have been<br />
recognized in national magazines for the quality <strong>of</strong> their public water.<br />
During the1996–2011 period, at least 90% <strong>of</strong> <strong>Alabama</strong>’s public water systems have regularly<br />
been in compliance with monitoring and reporting requirements and at least 95% have met or<br />
exceeded EPA standards set for contaminant levels.<br />
The Water Division also administers the CWA and the <strong>Alabama</strong> Water Pollution Control Act<br />
(AWPCA) to ensure water quality standards are achieved in <strong>Alabama</strong>’s rivers, lakes, and streams.<br />
This effort is accomplished by regulating point source discharges including semi-public/private<br />
municipal wastewater treatment plants and industrial wastewater treatment plants along with<br />
storm water run<strong>of</strong>f from mining, construction, industrial, and municipal facilities.<br />
The CWA sets a goal <strong>of</strong> water quality, wherever attainable, that provides for the protection<br />
<strong>of</strong> fish, shellfish, wildlife, and recreation in, or on, the water. To this end, the Water Division<br />
evaluates and classifies all waters <strong>of</strong> the State.<br />
Water Quality Programs<br />
The Water Quality Branch administers several programs pursuant to the CWA and the AWPCA.<br />
These programs fall under the broad category <strong>of</strong> surface water protection and management.<br />
Waters in the State <strong>of</strong> <strong>Alabama</strong> are classified in one <strong>of</strong> seven designated use categories which<br />
are described in quality tables provided in this section. Some <strong>of</strong> the accomplishments <strong>of</strong> the<br />
Water Quality Program are as follows:<br />
• Waters classified as either Agricultural & Industrial Water Supply or Limited Warmwater<br />
Fishery have been reduced by more than 80%, from 713 miles to 141 miles.<br />
• Waters classified as Outstanding <strong>Alabama</strong> Waters now account for approximately 285 miles<br />
<strong>of</strong> rivers and streams and 3,582 acres <strong>of</strong> coastal waters.<br />
• The special Treasured <strong>Alabama</strong> Lake designation was created in April 2011 and Lake Martin<br />
became the first waterbody in <strong>Alabama</strong> to receive this designation.<br />
• Waters designated as Outstanding National Resource Waters now account for 805 miles <strong>of</strong><br />
rivers and streams and 1,946 acres <strong>of</strong> other waters.<br />
Integrated Report (<strong>30</strong>5(b) Report / <strong>30</strong>3(d) List) - The Water Quality Branch compiles a<br />
list <strong>of</strong> waterbodies (<strong>30</strong>3(d) List) that do not fully support their designated uses based on a<br />
21
WATER DIVISION<br />
review <strong>of</strong> water quality data and information. The list is submitted to EPA for approval after an opportunity for public comment.<br />
In addition to the causes and sources <strong>of</strong> water quality impairment for each waterbody listed, the list includes a schedule for<br />
development <strong>of</strong> a Total Maximum Daily Load (TMDL) for each pollutant causing impairment. The latest <strong>30</strong>5(b) Report and <strong>30</strong>3(d)<br />
List are available on the <strong>ADEM</strong> website.<br />
Total Maximum Daily Load (TMDL) Program - TMDL is a term used to describe the maximum amount <strong>of</strong> a pollutant that a<br />
body <strong>of</strong> water can receive and still meet water quality standards. The Water Quality Branch develops TMDLs for pollutants in<br />
waterbodies included on <strong>Alabama</strong>’s <strong>30</strong>3(d) list. As noted in the chart below, a total <strong>of</strong> 224 TMDLs have been completed and<br />
approved in 12 <strong>of</strong> the 13 major river basins within <strong>Alabama</strong>.<br />
TMDLS Approved<br />
(by Year and River Basin)<br />
Fiscal Year 1997 98-02 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Total<br />
Cumulative TMDL Total 12 12 73 100 132 135 150 159 202 207 219 224 by<br />
Basin<br />
R <strong>Alabama</strong> 1 1 3 5<br />
I Black Warrior 3 13 12 2 1 1 2 34<br />
V<br />
E<br />
Cahaba 5 3 1 4 2 1 16<br />
R Chattahoochee 0<br />
Chipola 1 1<br />
B<br />
A Choctawhatchee 1 1 2 4<br />
S Coosa 3 2 1 28 3 37<br />
I<br />
Escatawpa 1 2 1 2 6<br />
N<br />
S Mobile 1 6 3 6 1 1 18<br />
Perdido-Escambia 3 2 1 6<br />
Tallapoosa 1 1 1 1 3 3 10<br />
Tennessee 2 47 22 2 7 3 2 85<br />
Tombigbee 2 2<br />
Totals per Fiscal Year 12 0 61 27 32 3 15 9 43 5 12 5 224<br />
Waste Load Allocation (WLA) Program - A WLA refers to the allowable load <strong>of</strong> pollutants a discharger may release into a<br />
particular waterway from a point source. WLAs are developed by staff engineers who utilize computer models to predict effluent<br />
limits that are protective <strong>of</strong> applicable water quality standards. <strong>ADEM</strong> staff have completed over 700 waste load allocations to<br />
ensure point source discharges do not have a negative impact on water quality.<br />
In 1982 <strong>Alabama</strong> had zero miles <strong>of</strong> Outstanding<br />
<strong>Alabama</strong> Waters and Outstanding National Resource<br />
Waters and in 2012 there are 285 miles and 805 miles<br />
as well as 3,582 acres and 1,946 acres, respectively.<br />
22
Lake Martin became the<br />
fi rst lake in <strong>Alabama</strong> to<br />
receive the Treasured<br />
<strong>Alabama</strong> Lake special<br />
designation.<br />
Designated Uses<br />
Outstanding<br />
<strong>Alabama</strong> Water (OAW)<br />
Public Water Supply<br />
(PWS)<br />
Swimming and Other<br />
Whole Body Water-Contact<br />
Sports (S)<br />
Water Quality Tables<br />
# <strong>of</strong> Waterbody Description<br />
Segments<br />
16 High quality waters that constitute an outstanding <strong>Alabama</strong> resource, such as waters <strong>of</strong> state parks<br />
and wildlife refuges and waters <strong>of</strong> exceptional recreational or ecological significance.<br />
118 Considered safe for drinking or food-processing purposes if subjected to treatment to remove<br />
naturally present impurities.<br />
224 Meet accepted standards <strong>of</strong> water quality for outdoor swimming places and will be<br />
considered satisfactory for swimming and other whole body water-contact sports.<br />
Shellfish Harvesting (SH) 12 For propagation and harvesting <strong>of</strong> shellfish (oysters) for sale or for use as a food product--also<br />
suitable for propagation <strong>of</strong> fish and other aquatic life, including shrimp and crabs.<br />
Fish and Wildlife (F&W) 680 For fishing and the propagation <strong>of</strong> fish, aquatic life, and wildlife. Under proper sanitary<br />
supervision by the controlling health authorities, these waters will meet accepted standards <strong>of</strong><br />
water quality for outdoor swimming places from June through September.<br />
Limited Warmwater<br />
Fishery (LWF)<br />
Agricultural and<br />
Industrial Water<br />
Supply (A&I)<br />
9 December through April-for fishing and the propagation <strong>of</strong> fish, aquatic life, and wildlife;<br />
May through November- for agricultural irrigation, livestock watering, industrial cooling, and<br />
process water supplies.<br />
8 For agricultural irrigation, livestock watering, industrial cooling, and process water supplies.<br />
This classification includes watercourses in which natural flow is intermittent and nonexistent<br />
during droughts and which may, <strong>of</strong> necessity, receive treated waste from existing<br />
municipalities and industries, both now and in the future.<br />
Special Designations<br />
Outstanding<br />
National Resource Water<br />
(ONRW)<br />
Treasured <strong>Alabama</strong> Lake<br />
(TAL)<br />
# <strong>of</strong> Waterbody Descriptions<br />
Segments<br />
5 High quality waters, such as waters <strong>of</strong> national and state parks and wildlife refuges and waters <strong>of</strong><br />
exceptional recreational or ecological significance, may be considered for this designation.<br />
1 High quality waters within impoundments and natural lakes that constitute an exceptional resource,<br />
such as waters <strong>of</strong> state parks and wildlife refuges and waters <strong>of</strong> exceptional whole body<br />
water-contact recreation, water supply or rare and extraordinary ecological significance, may be<br />
considered for designation as a Treasured <strong>Alabama</strong> Lake (TAL); provided that such waters are<br />
fully supporting their classified uses at the time <strong>of</strong> the TAL designation.<br />
23
WATER DIVISION<br />
Underground Injection Control (UIC) Program<br />
<strong>Alabama</strong> obtained primacy from EPA in 1983 to operate the Underground Injection Control Program for the State <strong>of</strong><br />
<strong>Alabama</strong>. <strong>Alabama</strong>’s UIC Program regulates the subsurface injection <strong>of</strong> wastewater and derives its state authority from the<br />
AWPCA. There are five well classifications (Classes I–V) established under the SDWA. Class I wells (deep well injection below the<br />
lowermost Underground Source <strong>of</strong> Drinking Water, USDW) are banned in <strong>Alabama</strong>. Class II wells (injection <strong>of</strong> wastes related to the<br />
production <strong>of</strong> Oil and Gas) are regulated by the Oil and Gas Board <strong>of</strong> <strong>Alabama</strong>, and Class IV wells (shallow injection <strong>of</strong> hazardous<br />
waste) are banned nationally.<br />
<strong>ADEM</strong> regulates the two remaining well classifications, which are Class III and Class V. Class III wells are used in solution<br />
mining and <strong>Alabama</strong> has one Class III well field located in McIntosh. These wells solution-mine salt from a natural underground<br />
salt dome deposit.<br />
<strong>ADEM</strong> regulates more Class V wells than any other type. Many are for the subsurface discharge <strong>of</strong> treated sanitary sewage from<br />
wastewater treatment facilities serving residential areas or businesses. <strong>ADEM</strong> currently administers UIC permits for over 90 <strong>of</strong><br />
these types <strong>of</strong> treatment systems with discharge flows greater than 15,000 gallons per day while the <strong>Alabama</strong> <strong>Department</strong> <strong>of</strong><br />
Public Health permits these types <strong>of</strong> discharges for volumes <strong>of</strong> 15,000 gallons per day or less. <strong>ADEM</strong> has permitted about<br />
150 Class V operations which utilize injection wells in groundwater cleanup systems at contaminated industrial sites. Over <strong>30</strong>0<br />
additional injection well operations make up the remainder <strong>of</strong> the inventory. These facilities discharge treated wastewater<br />
from various other industrial and commercial operations. Federal and state regulations prohibit the operation <strong>of</strong> Class V wells<br />
resulting in groundwater pollutants exceeding drinking water standards. Most <strong>of</strong> these wells discharge to shallow soil zones,<br />
either by gravity or low pressure shallow distribution systems. Operators are required to monitor the quality <strong>of</strong> groundwater.<br />
<strong>ADEM</strong> plans to apply to EPA for primacy to regulate the newly established Class VI injection wells. These wells would inject carbon<br />
dioxide for the purpose <strong>of</strong> geologic sequestration in deep underground rock formations. The goal <strong>of</strong> this type <strong>of</strong> injection well<br />
would be to safely place and contain man-made carbon dioxide gas generated by energy producers deep underground in order to<br />
reduce carbon dioxide discharges to the atmosphere.<br />
Drinking Water Program<br />
As recently as 100 years ago, thousands <strong>of</strong> U.S. residents died annually as a result <strong>of</strong> waterborne diseases carried by drinking water.<br />
Improvements in drinking water treatment and distribution has helped to eliminate these health concerns. The enactment <strong>of</strong> the<br />
SDWA in 1974 was a major milestone as was the <strong>Alabama</strong> Legislature’s adoption <strong>of</strong> the <strong>Alabama</strong> Safe Drinking Water Act in 1977.<br />
<strong>Alabama</strong> has approximately 605 public water systems supplying <strong>Alabama</strong> citizens with drinking water. Community water systems<br />
are operated by towns, counties, mobile home parks, and others. Non-community water systems are typically schools, industries,<br />
rest areas, and campgrounds that provide water to a more transient group <strong>of</strong> people. Additionally, water potability certificates are<br />
issued to ice producing facilities, meat processing facilities and dairies.<br />
Through a variety <strong>of</strong> programs, <strong>ADEM</strong> provides assistance and oversight for water systems to ensure they have the technical,<br />
managerial, and financial ability to provide clean, safe drinking water to their customers. Through its Water Security Program,<br />
<strong>Alabama</strong> public water systems have a combined tank/<br />
tower capacity <strong>of</strong> more than 1.1 billion gallons and in<br />
2002 EPA ranked <strong>Alabama</strong>’s drinking water programs<br />
second in the entire nation for compliance.<br />
24
The number <strong>of</strong> drinking<br />
water contaminants<br />
monitored and regulated<br />
by <strong>ADEM</strong> has increased<br />
more than <strong>30</strong>0% since<br />
1982.<br />
<strong>ADEM</strong> assists small community water systems with protection <strong>of</strong> their drinking water supplies and infrastructure. Drinking Water<br />
personnel have not only responded to increased security concerns but also to a number <strong>of</strong> hurricanes (Ivan/Dennis/Katrina) and<br />
tornado outbreaks which have caused operational problems for as many as 200 systems per event. During these natural disasters,<br />
<strong>ADEM</strong> staff contact the water systems to assess difficulties and <strong>of</strong>fer assistance as needed.<br />
In 2006, EPA issued three Operation and Maintenance Excellence Awards to drinking water systems in Region IV. All three awards<br />
were won by <strong>Alabama</strong> public water systems to include the City <strong>of</strong> Fayette, Huntsville Utilities, and Trussville Utilities. In addition,<br />
Birmingham Water Works won the Excellence Award in 2007 for large surface systems.<br />
National Pollutant Discharge Elimination System (NPDES) Program and State Indirect<br />
Discharge (SID) Program<br />
<strong>ADEM</strong> administers the NPDES Program that regulates discharges <strong>of</strong> pollutants to <strong>Alabama</strong> waters. Improvements to the quality <strong>of</strong><br />
water over the past <strong>30</strong> years can be directly linked to the implementation <strong>of</strong> the NPDES Program. Individual and general NPDES<br />
permits set technology-based and water quality-based effluent limits to maintain applicable standards to ensure protection <strong>of</strong><br />
aquatic life and human health. Discharges include process wastewater and storm water run<strong>of</strong>f originating from a variety <strong>of</strong> sources.<br />
As <strong>of</strong> 2012, <strong>ADEM</strong> regulates over 9,500 NPDES permittees.<br />
Facilities that discharge pollutants into a surface water <strong>of</strong> the state must obtain a permit and implement treatment technologies<br />
and/or best management practices (BMPs) to control potential pollutants in wastewater discharges or storm water run<strong>of</strong>f. Facilities<br />
must routinely monitor their discharge for compliance purposes.<br />
EPA has recognized <strong>ADEM</strong> for the high percentage <strong>of</strong> NPDES permits which are current. A high issuance rate ensures that<br />
controls on sources <strong>of</strong> potential pollutants remain current and up-to-date.<br />
The <strong>Department</strong> utilizes both NPDES individual permits and general permits to establish appropriate permit requirements and<br />
conditions for regulated entities. Individual NPDES permits contain specific, point source conditions for a regulated facility.<br />
General permits may apply to multiple facilities which have similar types <strong>of</strong> operations and discharges. General Permits<br />
typically apply to smaller facilities and allow the <strong>Department</strong> to efficiently and effectively regulate numerous sources.<br />
Currently, the Water Division has developed 23 General Permits covering a variety <strong>of</strong> industrial and other sectors. General Permit<br />
issuance began in 1992 and the Water Division has reissued many <strong>of</strong> the General Permits for a 5th permit cycle. During the past<br />
two years, 17 <strong>of</strong> the 23 General Permits have been reissued, including the Phase II Municipal Separate Storm Sewer System<br />
(MS4) General Permit. Thousands <strong>of</strong> facilities have obtained coverage under the <strong>Department</strong>’s General Permits. In addition to the<br />
reissuance process, during April 2011 the Water Division issued a new Construction Stormwater General Permit. The Construction<br />
25
WATER DIVISION<br />
Stormwater program was previously a permit by rule program which included a registration process. Additional General Permits<br />
that were recently developed include the Sand and Gravel General Permit and the Pesticide General Permit.<br />
<strong>ADEM</strong> also administers the State Indirect Discharge (SID) Permit Program which provides regulatory oversight for industrial<br />
facilities that discharge into publicly or privately owned wastewater treatment systems. Currently, <strong>ADEM</strong> regulates approximately<br />
<strong>30</strong>0 facilities through SID permits.<br />
As outlined below, several systems have been implemented to enable <strong>ADEM</strong> staff to focus their efforts on permitting, compliance,<br />
and enforcement activities by allowing data management to occur more efficiently:<br />
• In 2007, <strong>ADEM</strong> completed the implementation <strong>of</strong> the E2 Reporting System which allows permit holders to submit their<br />
Discharge Monitoring Reports (DMRs) electronically. This system saves paper, time, and data entry that is necessary with<br />
the paper forms. In addition, E2 data is available more quickly for compliance reviews and permit holders receive immediate<br />
confirmation that their data was submitted.<br />
• e-File, <strong>ADEM</strong>’s electronic, internet-based filing system was implemented in 2009 to allow the public access to permits,<br />
compliance data, correspondence, and enforcement data.<br />
• In 2010, <strong>Alabama</strong> became a pilot state to test implementation <strong>of</strong> a data transfer link from <strong>ADEM</strong> directly to EPA’s Integrated<br />
Compliance Information System (ICIS). Facility, permit, and compliance information is now being transferred into ICIS and the<br />
program is expected to provide real-time transfer <strong>of</strong> NPDES enforcement data to EPA’s national compliance database.<br />
• In 2011, <strong>ADEM</strong> began implementing an electronic Notice <strong>of</strong> Intent (eNOI) system allowing general permit applicants to submit<br />
their applications online.<br />
• In 2012, <strong>ADEM</strong> established an online complaint system which can be utilized by the public to lodge, view, and track the status<br />
<strong>of</strong> complaints.<br />
<strong>Alabama</strong> had 713 miles <strong>of</strong> waterways classifi ed as less<br />
than suitable for fi sh and wildlife in 1982, but that<br />
number has decreased to only 141 miles in 2012 (see<br />
map on the following page).<br />
26
Significant Events - Water Division<br />
1982<br />
1983<br />
1986<br />
1987<br />
1988<br />
1989<br />
1991<br />
1992<br />
713 miles <strong>of</strong> rivers/streams were classified less than suitable for fish and wildlife<br />
Class I UIC wells (Deep well injection below the lowermost underground source <strong>of</strong> drinking water) prohibited in<br />
<strong>Alabama</strong><br />
U.S. Underground Injection Control Regulations passed to regulate injection wells that place fluids underground<br />
for storage or disposal<br />
Federal Safe Drinking Water Act reauthorized and accelerated establishment <strong>of</strong> maximum levels for 83 contaminants<br />
<strong>Alabama</strong> Legislature authorized <strong>ADEM</strong> to assess administrative penalties<br />
<strong>ADEM</strong> and USGS conducted study to evaluate vulnerability <strong>of</strong> major aquifers supplying public water wells<br />
<strong>Alabama</strong> Lead Ban Act passed and prohibited the use <strong>of</strong> products which are not lead free in repair or installation <strong>of</strong><br />
public water systems<br />
EPA adopted Surface Water Treatment Rule, establishing standards for treatment <strong>of</strong> surface water sources for the<br />
prevention <strong>of</strong> Legionella and Giardia Iamblia<br />
EPA adopted the Total Coliform Rule, setting both health goals and legal limits for total coliform levels in drinking<br />
water<br />
NPDES Phase I Stormwater Program initiated to address stormwater for large municipalities, industries, and land<br />
disturbance activities greater than 5 acres<br />
<strong>ADEM</strong>, EPA, and the <strong>Alabama</strong> Rural Water Association studied radon in drinking water with each community public<br />
water system well being sampled and analyzed for radon<br />
Municipal wastewater treatment systems utilizing secondary treatment increased to 100%<br />
Outstanding <strong>Alabama</strong> Water (OAW) classification established<br />
Portions <strong>of</strong> Sipsey Fork (Black Warrior River) classified Outstanding National Resource Water (ONRW)<br />
<strong>Alabama</strong> Water Watch Program created<br />
1993<br />
1994<br />
1997<br />
<strong>ADEM</strong> received the EPA Award <strong>of</strong> Excellence for Drinking Water Supply Program<br />
<strong>ADEM</strong> received second EPA Award <strong>of</strong> Excellence for Drinking Water Supply Program<br />
For three consecutive years, dioxin in fish sampled downstream <strong>of</strong> <strong>Alabama</strong>’s 10 bleach pulp mills were below levels<br />
associated with fish consumption advisories<br />
<strong>Alabama</strong>’s Comprehensive State Groundwater Protection Program became one <strong>of</strong> the first in the nation approved<br />
by EPA<br />
222 miles <strong>of</strong> rivers/streams were classified less than suitable for fish and wildlife<br />
<strong>Alabama</strong> Legislature authorized Drinking Water Finance Authority which allowed <strong>Alabama</strong> to receive EPA<br />
capitalization grants<br />
28
1998<br />
1999<br />
2002<br />
2004<br />
2005<br />
2008<br />
2010<br />
2011<br />
<strong>Alabama</strong> Clean Water Partnership established to link individuals, companies, organizations, and governing bodies<br />
for participation in projects to protect and preserve <strong>Alabama</strong>’s water resources<br />
“The Cluster Rule” became effective and combined air and water rule for the pulp and paper industry. The standards<br />
virtually eliminated all dioxin discharges<br />
The Interim Enhanced Surface Water Treatment Rule improved control <strong>of</strong> microbial contaminants, particularly<br />
Cryptosporidium<br />
<strong>ADEM</strong> and the Homebuilders Association <strong>of</strong> <strong>Alabama</strong> cooperatively developed a program to teach homebuilders<br />
how to manage construction stormwater and received national recognition for their efforts<br />
NPDES Phase II Stormwater Program initiated to address stormwater for small municipalities, industries, and land<br />
disturbance activities greater than 1 acre<br />
<strong>Alabama</strong> drinking water systems ranked 2nd nationwide in compliance<br />
Established lake-specific nutrient criteria (chlorophyll a targets) for 9 reservoirs within <strong>Alabama</strong><br />
Established lake-specific nutrient criteria (chlorophyll a targets) for 11 additional reservoirs within <strong>Alabama</strong><br />
Updated reference doses, cancer potency factors, and bioconcentration factors that are used in calculation <strong>of</strong><br />
certain human health toxic pollutant criteria<br />
Established lake-specific nutrient criteria (chlorophyll a targets) for 5 additional reservoirs within <strong>Alabama</strong><br />
eDMR System for the electronic filing <strong>of</strong> Discharge Monitoring Reports began<br />
Revised cancer risk level used in Water Quality equations for all carcinogens except arsenic. Revised reference<br />
doses for acrolein and phenol to be consistent with the EPA Integrated Risk Information System (IRIS)<br />
Added nutrient criteria in the form <strong>of</strong> chlorophyll a to 8 lakes and reservoirs<br />
eNOI System allowed electronic filing <strong>of</strong> applications for some general permits<br />
Issued Pesticide General Permit for discharges from application <strong>of</strong> pesticides<br />
Conversion <strong>of</strong> the Construction Stormwater Permit by Rule to a General Permit<br />
Phase II Municipal Separate Storm Sewer System (MS4) Permit Reissued<br />
2012<br />
Treasured <strong>Alabama</strong> Lake special designation established with Lake Martin being the first to be designated a<br />
Treasured <strong>Alabama</strong> Lake<br />
Nutrient criteria in the form <strong>of</strong> chlorophyll a established for 37 <strong>of</strong> the 41 publicly owned lakes and reservoirs<br />
141 miles <strong>of</strong> rivers/streams were classified less than suitable for fish and wildlife as compared to 713 miles in 1982<br />
<strong>ADEM</strong> received the EPA Award <strong>of</strong> Excellence in Public Participation<br />
29
<strong>30</strong> YEARS OF <strong>ADEM</strong>
Air Division<br />
Overview<br />
The Air Division is responsible for managing the State’s air resources by implementing<br />
programs designed to ensure that safe air quality levels are achieved and maintained. Different<br />
technical branches have been established within the Air Division to handle various tasks such as<br />
permitting, enforcement, air toxics regulations, source evaluation, asbestos removal, and<br />
complaints.<br />
Engineering Services<br />
Engineering Services consist <strong>of</strong> the Chemical Branch and the Energy Branch and both serve as<br />
a direct link to regulated industry. The Chemical Branch and Energy Branch are responsible for<br />
permitting air pollution sources, conducting inspections, and overseeing enforcement activities.<br />
Permits are perhaps the most essential factor in the environmental regulatory process and<br />
are designed to assure that sources comply with the applicable environmental laws. The<br />
permitting decisions that <strong>ADEM</strong> must make are technical judgments. If the application does not<br />
demonstrate that the project is capable <strong>of</strong> complying with the regulations, the permit would be<br />
denied. However, if the application demonstrates that the project is capable <strong>of</strong> complying with<br />
the regulations, a permit would be issued.<br />
<strong>ADEM</strong> included provisions in the Air Code that would facilitate the permitting <strong>of</strong> projects<br />
that are considered environmentally beneficial. The purpose <strong>of</strong> these provisions is to reduce<br />
obstacles to modifications <strong>of</strong> existing processes that would result in an overall environmental<br />
benefit while maintaining adequate protection <strong>of</strong> air quality.<br />
The issuance <strong>of</strong> operating permits under Title V <strong>of</strong> the Clean Air Act<br />
Amendments (CAAA) <strong>of</strong> 1990 has increased the level <strong>of</strong> permit review by EPA, the<br />
State, and the public. Title V required permitting authorities to collect annual fees from<br />
all major sources as necessary to fund the implementation and management <strong>of</strong> the<br />
operating permit programs. <strong>ADEM</strong> elected to initiate operating permit fees beginning in<br />
1992 in order to develop the needed information and personnel to implement the new<br />
requirements under the CAAA.<br />
When dealing with enforcement issues, <strong>ADEM</strong> and EPA Region 4 share concurrent<br />
authority to enforce air pollution control regulations. EPA may, at any time, initiate enforcement<br />
procedures regardless <strong>of</strong> State actions. This rarely occurs due to coordination with the federal<br />
agency through monthly enforcement calls to discuss violations and actions being taken by<br />
<strong>ADEM</strong>. Oversight inspections are also held yearly by EPA to confirm that correct information is<br />
contained in the files, as well as periodic audits to validate compliance data.<br />
Planning Branch<br />
The Planning Branch is responsible for maintaining the <strong>Alabama</strong> State Implementation Plan<br />
(SIP), developing emission inventories, developing control strategies for areas with poorer<br />
air quality, and adopting/developing regulations. Several units within the Planning Branch<br />
coordinate to insure these responsibilities are met.<br />
The Emissions Measurement Section implements activities that evaluate and/or quantify air<br />
emissions from regulated and non-regulated facilities. These activities include the observation<br />
<strong>of</strong> emissions testing, evaluation <strong>of</strong> emissions test reports, certification/recertification<br />
<strong>of</strong> continuous emissions monitoring systems (CEMS), CEMS audits, Acid Rain Certification,<br />
31
AIR DIVISION<br />
source testing, and the Visible Emissions Certification Program.<br />
During a typical fiscal year, approximately 750 emissions tests are conducted within the State. Approximately half <strong>of</strong> these tests<br />
are observed by Air Division staff. Also, approximately 325 emissions test protocols are reviewed around 35 audits are performed<br />
each year.<br />
<strong>ADEM</strong> has a comprehensive plan for evaluating the certification and recertification <strong>of</strong> continuous emissions monitoring systems.<br />
During a typical year, between 16 and 20 CEMS are audited for precision and accuracy, 36 certification or recertification tests <strong>of</strong><br />
CEMS are observed, and 70 reports are evaluated. Regarding the Acid Rain Program, Air Division staff performs three to five Level<br />
III audits each fiscal year, 50 CEMS certifications are observed, and 145 reports are evaluated.<br />
The Visible Emissions Certification Program consists <strong>of</strong> two “smoke schools” that are held annually. These schools are conducted<br />
in the spring and fall and are open to agency personnel, other regulatory personnel, consultants, and members <strong>of</strong> the regulated<br />
community. The purpose <strong>of</strong> the program is to train and certify participants to meet federal requirements for making visible<br />
emissions determinations. Each school consists <strong>of</strong> a half day <strong>of</strong> lecture followed by a written exam and up to two and a half days<br />
<strong>of</strong> field training and testing. The lecture certification is valid for three years and the field certification is valid for six months.<br />
The Control Strategies Section is responsible for SIP development, developing emission inventories, adopting/<br />
developing federal regulations into State regulations, grants management, training, and keeping abreast <strong>of</strong> programs and<br />
requirements administered at the federal level (mobile source issues/global climate change/stratospheric ozone protection/air<br />
toxics) in order to determine their impact on the State <strong>of</strong> <strong>Alabama</strong>.<br />
Over the past <strong>30</strong> years, local controls required by SIPs for areas <strong>of</strong> the State with air quality issues, along with the<br />
implementation <strong>of</strong> federal air quality programs, have lead to major improvements in air quality across the State. The three graphs<br />
below demonstrate how these actions have led to significant reductions in ground-level ozone and fine particulate matter in the<br />
Birmingham area. The red solid line represents the standard for each pollutant and the blue dotted line represents the <strong>ADEM</strong> design<br />
values for each year.<br />
<strong>ADEM</strong> staff conducts, observes, or reviews<br />
approximately 1,000 stack tests each year to<br />
document permit compliance.<br />
32
Air quality in <strong>Alabama</strong><br />
has improved from 26<br />
areas not meeting air<br />
quality standards to<br />
only two areas currently<br />
not meeting air quality<br />
standards, which are<br />
more stringent than they<br />
were <strong>30</strong> years ago.<br />
The Meteorological Section is responsible for air dispersion modeling, air quality forecasting, and attainment demonstration<br />
modeling. In some situations, including the Prevention <strong>of</strong> Significant Deterioration (PSD) Program, receiving a permit may involve<br />
air dispersion modeling to determine the impact <strong>of</strong> source emissions on air quality. The Meteorological Section evaluates the<br />
modeling performed by permit applicants to ensure that the proper procedures, models, and data were utilized.<br />
In 1996, the Meteorological Section began air quality forecasting. The meteorologists issue daily air quality forecasts for the cities<br />
<strong>of</strong> Birmingham, Huntsville/Decatur, Columbus (GA)/Phenix City and the Mobile area. The purpose <strong>of</strong> air quality forecasting<br />
is to issue alerts on days on which weather conditions are expected to be favorable for concentrations to approach or exceed the<br />
National Ambient Air Quality Standards (NAAQS). This gives the public an opportunity to voluntarily reduce emissions and also<br />
affords asthmatics and other sensitive groups the opportunity to minimize their exposure to unhealthy air quality.<br />
Attainment modeling is also performed to determine the emissions controls needed to reduce pollutant concentrations to levels<br />
lower than the NAAQS in areas <strong>of</strong> the State that are designated non-attainment. This type <strong>of</strong> modeling was recently accomplished<br />
for the Annual PM2.5 non-attainment area in Birmingham. Through these modeling initiatives, the State has been able to attain the<br />
previous 1-hour ozone standard, the current 8-hour ozone standard, as well as the 24-hour and Annual PM2.5 standard.<br />
The Meteorological Section is also actively involved in education and outreach activities. <strong>ADEM</strong> meteorologists visit schools, civic<br />
clubs, and other organizations on a regular basis to educate children on weather and air quality.<br />
<strong>ADEM</strong> meteorologists utilize computer models, weather<br />
forecasts, and other data to issue air quality forecasts<br />
in Huntsville, Birmingham, Columbus (GA)/Phenix City,<br />
and Mobile.<br />
33
AIR DIVISION<br />
The Special Services Section conducts field patrols <strong>of</strong> sources <strong>of</strong> air pollution once or twice a month, regulates asbestos<br />
abatement and cotton gins, manages the air pollution complaint systems, and is the open burning contact for the Air Division. They<br />
also investigate air pollution complaints involving non-permitted sources, which constitute 90% <strong>of</strong> all incoming complaints.<br />
In 1990, the EPA revised its 1973 asbestos regulations and delegated the authority to implement them to <strong>ADEM</strong> the following year.<br />
These regulations mandated that any demolition operation be regulated, regardless <strong>of</strong> whether asbestos containing material (ACM)<br />
is present or not, and that renovation operations be regulated if the ACM is friable (reducible to powder by hand pressure) and the<br />
project includes at least 160 square feet, 260 linear feet, or 35 cubic feet <strong>of</strong> ACM.<br />
Regulated operations require that the removal contractor or property owner submit a written notification to the appropriate air<br />
pollution control agency at least 10 weekdays prior to the first day <strong>of</strong> demolition or the first day that the ACM will be disturbed.<br />
Regulated ACM must be wetted before and during removal and thoroughly soaked afterwards. Waste ACM must be sealed in a<br />
leak-tight, properly labeled container while wet. All regulated removals involving friable ACM must be performed by a company<br />
certified to do so by <strong>ADEM</strong>.<br />
<strong>ADEM</strong> does not require (although it is recommended) that nonfriable ACM be removed by a certified contractor. However, all<br />
cementitious, nonfriable ACM must be removed prior to a demolition operation. ACM such as vinyl asbestos floor tile and mastic<br />
may be left in a building prior to demolition.<br />
In 1996, the <strong>ADEM</strong> Land Division removed nonfriable ACM waste as a type <strong>of</strong> special waste. This allows nonfriable ACM to be<br />
part <strong>of</strong> the normal waste stream, with no packaging or wetting requirements. The Air Division urges generators <strong>of</strong> nonfriable ACM<br />
waste to use best management practices in the handling and disposal <strong>of</strong> this waste.<br />
As part <strong>of</strong> the Acid Rain Program, <strong>ADEM</strong> staff conduct<br />
Level III audits and oversee certifi cation <strong>of</strong> continuous<br />
emissions monitoring systems to protect air quality.<br />
34
Significant Events - Air Division<br />
1982<br />
1991<br />
1995<br />
1996<br />
1999<br />
2001<br />
2004<br />
2005<br />
2006<br />
2008<br />
2009<br />
2010<br />
2011<br />
2012<br />
Efforts focused on attaining National Ambient Air Quality Standards (NAAQS) for the following areas:<br />
• 2 nonattainment areas for lead<br />
• 7 nonattainment areas for sulfur dioxide (SO2)<br />
• 5 nonattainment areas for suspended solids<br />
Began licensing asbestos removal contractors with 394 contractors being initially licensed<br />
Acid Rain regulations were adopted resulting in substantial reductions in emissions <strong>of</strong> SO2 and nitrogen oxides<br />
(NOx) from utilities<br />
EPA approved Title V Operating Permit Program<br />
Began providing ozone forecasts for the Birmingham area to aid in voluntary actions by the public to reduce ozone<br />
precursor emissions<br />
Began ozone forecasting for Mobile and Huntsville<br />
EPA approved Phase 1 <strong>of</strong> <strong>Alabama</strong>’s NOx SIP Call Trading Program, resulting in large decreases in emissions <strong>of</strong><br />
nitrogen dioxides from utilities and large boilers<br />
EPA formally re-designated Jefferson and Shelby Counties to attainment <strong>of</strong> the 1-hour ozone NAAQS due largely to<br />
NOx controls on utilities and lower sulfur gasoline requirements<br />
EPA approved Phase 2 <strong>of</strong> <strong>Alabama</strong>’s NOx SIP Call Trading Program, requiring nitrogen oxide emissions reductions<br />
from internal combustion engines<br />
EPA designated Jefferson & Shelby Counties to attainment <strong>of</strong> the 8-hour ozone NAAQS due largely to<br />
implementation <strong>of</strong> the NOx SIP Call Trading Program and national standards for cleaner vehicles and gasoline<br />
Submitted Regional Haze SIP to EPA which established goals and emission reduction strategies to improve visibility<br />
at national parks and wilderness areas in the southeast<br />
Submitted PM2.5 Annual SIP to EPA attaining the 1997 annual standard<br />
Submitted redesignation request for PM2.5 24-hour standard<br />
EPA determined that monitored air quality data in the Birmingham nonattainment area met the daily fine particle<br />
NAAQS for the 2007 through 2009 period<br />
EPA determined that monitored air quality data in the Birmingham nonattainment area met the annual fine particle<br />
NAAQS for the 2008 through 2010 period<br />
Birmingham designated as attainment/unclassifiable for the 2008 ozone standard<br />
35
<strong>30</strong> YEARS OF <strong>ADEM</strong>
Field Operations Division<br />
Overview<br />
Field Operations Division administers a wide variety <strong>of</strong> programs including Emergency<br />
Response, Animal Feeding Operations/Concentrated Animal Feeding Operations Program,<br />
Coastal Programs, Ambient Monitoring Programs for Water/Air, and the Laboratory Program.<br />
Aside from these programs, Field Operations Division carries out support functions for the<br />
<strong>Department</strong> by conducting NPDES compliance inspections, solid waste facility and underground<br />
storage tank compliance inspections, and complaint responses. Field Operations utilizes four<br />
decentralized field <strong>of</strong>fices located in Birmingham, Decatur, Mobile, and Montgomery to meet<br />
the <strong>Department</strong>’s needs and allow the <strong>Department</strong> to increase efficiency, reduce costs, conduct<br />
inspections, and respond to citizen complaints in a timely manner. Having recognized the<br />
efficiencies and cost savings gained through this approach, decentralization has increased the<br />
number and variety <strong>of</strong> activities conducted by the field <strong>of</strong>fices over the past <strong>30</strong> years.<br />
Emergency Response Program<br />
The Emergency Response Program has grown from a few part time responders to a group<br />
<strong>of</strong> highly trained and dedicated response staff. The program responds to a variety <strong>of</strong><br />
environmental emergencies impacting the citizens and environment <strong>of</strong> the State <strong>of</strong><br />
<strong>Alabama</strong>. Responses include weather related events such as Hurricane’s Ivan and Katrina,<br />
the tornado outbreak <strong>of</strong> 2011, facility based releases, a variety <strong>of</strong> air, railroad, pipeline, and<br />
highway transportation related emergencies as well as the BP-Deepwater Horizon oil spill. The<br />
program has grown through the development and implementation <strong>of</strong> the Incident Command<br />
System and the National Response Framework, which promotes better coordination between<br />
federal, state, and local response partners. The Emergency Response Program is better trained<br />
and equipped than ever to respond to environmental emergencies impacting <strong>Alabama</strong>.<br />
Regulations Implemented For Animal Agricultural Facilities<br />
Animal waste, dead animal disposal, and other potential sources <strong>of</strong> pollution were<br />
important environmental concerns addressed by the <strong>Department</strong> in 1999 with the adoption <strong>of</strong><br />
EPA approved Animal Feeding Operation (AFO) and Concentrated Animal Feeding Operation<br />
(CAFO) regulations. The rules prohibit discharges to groundwater and surface water and require<br />
animal agricultural facilities to implement effective waste management practices that meet or<br />
exceed technical standards established by the Natural Resources Conservation Service and<br />
<strong>ADEM</strong>.<br />
Coastal Program<br />
In 1972, Congress passed the Coastal Zone Management Act in order to improve the<br />
management <strong>of</strong> our nation’s coastal areas. This Act created the Coastal Zone Management<br />
Program, which is administered by the National Oceanic and Atmospheric Administration<br />
(NOAA). In an effort to protect and enhance coastal resources and reduce potential conflicts<br />
between environmental and economic interests, the <strong>Alabama</strong> Coastal Area Management<br />
Program (ACAMP) was approved by NOAA in 1979. The ACAMP strives to balance economic<br />
growth with the need for preservation <strong>of</strong> natural resources.<br />
<strong>Alabama</strong>’s coastal area extends from the upland continuous ten foot contour (ten foot<br />
above mean sea level) to the limit <strong>of</strong> the state’s territorial waters three miles <strong>of</strong>fshore. The<br />
responsibilities <strong>of</strong> the <strong>Alabama</strong> Coastal Area Management Program are divided between the<br />
<strong>Alabama</strong> <strong>Department</strong> <strong>of</strong> Conservation and Natural Resources (ADCNR) and <strong>ADEM</strong>. These<br />
agencies are advised by the Coastal Resources Advisory Committee.<br />
37
FIELD OPERATIONS DIVISION<br />
ADCNR serves as the lead agency responsible for management <strong>of</strong> the program relating to planning, fiscal management,<br />
public information, and education. <strong>ADEM</strong> manages the regulatory, permitting, monitoring, and enforcement responsibilities <strong>of</strong><br />
the program. The goal <strong>of</strong> this program is to protect and, where possible, restore or enhance coastal resources for current and<br />
future generations. In addition, the program continues to support the Mobile Bay National Estuary Program’s Comprehensive<br />
Conservation and Management Plan, which was developed for estuaries <strong>of</strong> national significance that are threatened by pollution,<br />
development, or overuse.<br />
The Coastal Waters Monitoring Program (CWMP) monitors the water quality <strong>of</strong> rivers, streams, and estuaries within <strong>Alabama</strong>’s<br />
coastal area. Initiated in 2011, the CWMP unified several existing <strong>ADEM</strong> monitoring efforts under a single program that ensures<br />
consistency <strong>of</strong> techniques and increases overall monitoring efficiency. Approximately 50 stations are sampled for the CWMP each<br />
year, to include historical trend monitoring sites and new stations added in 2011.<br />
In 1999, to increase public awareness and provide water quality information to help the public make more informed decisions<br />
concerning their recreational use <strong>of</strong> <strong>Alabama</strong>’s natural coastal waters, <strong>ADEM</strong>, in cooperation with the <strong>Alabama</strong> <strong>Department</strong><br />
<strong>of</strong> Public Health (ADPH), initiated the Coastal <strong>Alabama</strong> Recreational Waters Quality Monitoring Program to routinely monitor<br />
bacteria levels at five public recreational beaches along the Gulf Coast. The effort was later expanded to include six additional sites<br />
along the Gulf Coast and Mobile Bay.<br />
In October <strong>of</strong> 2000, the federal Beaches <strong>Environmental</strong> Assessment and Coastal Health (BEACH) Act was signed into law.<br />
This Act mandates the monitoring and assessing <strong>of</strong> coastal recreational waters and the prompt notification <strong>of</strong> the public when<br />
applicable water quality standards are not being met. The Act also authorizes EPA to award grants to help governments implement<br />
monitoring and notification programs consistent with the published EPA guidance and criteria. <strong>ADEM</strong> was designated as the state’s<br />
lead agency for implementation <strong>of</strong> the BEACH Act and was awarded grant money to carry out this program. Through the BEACH<br />
Act, <strong>ADEM</strong> and ADPH expanded and enhanced monitoring and notification efforts for <strong>Alabama</strong>’s public recreational beaches.<br />
The monitoring program involves the routine collection <strong>of</strong> water samples from 25 high-use and/or potentially high-risk<br />
public recreational sites from Perdido Bay to Dauphin Island, including Mobile Bay. Depending on the site rankings, samples are<br />
collected twice per week, once per week, or once every other week during the swimming season (May through September) and<br />
once per month during the cooler months (October through April). Samples are analyzed for the indicator bacteria Enterococci.<br />
The indicator bacteria and the threshold concentration, which triggers an advisory, are based on recommendations provided by the<br />
EPA. All Enterococci analysis is performed by the ADPH Laboratory using approved EPA methods.<br />
Approximately 9,000 samples have been collected since the inception <strong>of</strong> the Beach Monitoring Program, resulting in 157 advisories<br />
issued by ADPH. It is noteworthy that no advisories have been issued for <strong>Alabama</strong> beaches fronting the Gulf <strong>of</strong> Mexico.<br />
Water Quality Monitoring Program<br />
Water quality monitoring is a multi-faceted effort encompassing many varied programs and approaches for assessing surface<br />
water, groundwater, wetlands, and fish tissue. In 2005 programs were initiated to focus on assessing water quality in large rivers,<br />
publicly-owned lakes, and reservoirs (Rivers and Reservoirs Monitoring Program - RRMP) and small rivers and streams (Rivers and<br />
On average, <strong>ADEM</strong> laboratory services perform<br />
approximately 52,000 analytical procedures on almost<br />
8,000 samples each year.<br />
38
<strong>ADEM</strong> has a network <strong>of</strong><br />
50 sampling stations<br />
that are utilized to<br />
monitor and assess the<br />
water quality <strong>of</strong> the<br />
State’s coastal waters,<br />
bays and estuaries.<br />
Streams Monitoring Program - RSMP). These programs modified and enhanced existing efforts to ensure consistency <strong>of</strong> techniques<br />
and increase overall monitoring efficiency. The RSMP is a watershed-based monitoring program designed to provide data that links<br />
watershed condition and assessment results.<br />
<strong>ADEM</strong> and the <strong>Alabama</strong> <strong>Department</strong> <strong>of</strong> Agriculture and Industries have worked cooperatively to determine ambient<br />
groundwater quality in <strong>Alabama</strong>. Selected private residential wells in targeted counties were monitored in 1989, followed by<br />
county-wide studies in 1992 and systematic monitoring <strong>of</strong> groundwater in the state from 2000-2002.<br />
In 2011, <strong>ADEM</strong> began sampling wetland systems statewide as part <strong>of</strong> EPA’s National Wetlands Conditional Assessment<br />
Survey. Beginning in 2012 <strong>ADEM</strong> began sampling Piedmont and Coastal Plain wetland systems as part the Southeast Wetlands<br />
Monitoring Intensification Survey, a 2-year multi-state project. <strong>ADEM</strong> has used information from these studies to develop a<br />
5-year wetland program development plan.<br />
In 1991 <strong>ADEM</strong> established the Fish Tissue Monitoring Program. This greatly expanded the fish tissue collection efforts<br />
begun in the early 1970’s to provide statewide screening <strong>of</strong> contaminants in fish tissue, and to provide the <strong>Alabama</strong> <strong>Department</strong><br />
<strong>of</strong> Public Health with data needed for determination <strong>of</strong> potential risk to those who consume fish from <strong>Alabama</strong> waters. The<br />
program historically exists as a cooperative effort between <strong>ADEM</strong>, ADPH, ADCNR, and the Tennessee Valley Authority.<br />
Contaminant levels in fish collected statewide are provided to the ADPH for issuance, modification, or removal <strong>of</strong> fish consumption<br />
advisories. To date, several thousand fish have been collected and analyzed from 342 sites across the state.<br />
Twenty-fi ve (25) public recreation beaches are routinely<br />
monitored where a total <strong>of</strong> 800-1,000 samples per year<br />
are collected and analyzed to determine the status <strong>of</strong><br />
water quality at these public beaches.<br />
39
FIELD OPERATIONS DIVISION<br />
Air Quality Monitoring Program<br />
Air quality monitoring is driven by National Ambient Air Quality Standards. As a result <strong>of</strong> health studies conducted on the national<br />
level, criteria for a number <strong>of</strong> pollutants have been developed (i.e., ozone, particulate matter, lead, sulfur dioxide, and nitrogen dioxide).<br />
When further research is conducted it usually results in a lowering <strong>of</strong> the standard for the pollutant being studied which necessitates<br />
an increase in the monitoring effort. Also, additional monitoring can be required as new methods <strong>of</strong> testing are developed.<br />
Ground level ozone, created by chemical reactions between oxides <strong>of</strong> nitrogen (NOx) and volatile organic compounds (VOC), is<br />
the main component <strong>of</strong> smog. Emissions from industrial facilities, electric utilities, motor vehicle exhaust, gasoline vapors, and<br />
chemical solvents are some <strong>of</strong> the major sources <strong>of</strong> NOx and VOC. Because even relatively low levels <strong>of</strong> ozone can cause health<br />
effects particularly to people with lung disease, children, and older adults, monitoring for ground level ozone is focused in urban<br />
environments. The data collected from extensive ambient air monitoring networks has resulted in programs aimed at reducing<br />
ozone concentrations by reformulating fuels and consumer/commercial products, such as paints and chemical solvents.<br />
Monitoring for total suspended particle concentrations is another area where the monitoring effort has evolved over the years.<br />
Particulate matter suspended in air has long been known to cause respiratory health problems and for years monitoring<br />
focused on both the large and small (fine) particles. Research began to indicate that the fine particles caused the most problems<br />
and new monitoring methods developed in the late 1980’s allow monitoring to focus on particles smaller than 10 microns in<br />
diameter. In the late 1990’s additional improvements allowed monitoring to focus on particles smaller than 2.5 microns in diameter.<br />
Laboratory Program<br />
Laboratory services are provided to the <strong>Department</strong> by the Laboratory Branch (Central Laboratory) located in Montgomery and<br />
the Birmingham and Mobile laboratories located in their respective <strong>of</strong>fices. As they exist today, the <strong>ADEM</strong> laboratories provide<br />
a broad range <strong>of</strong> environmental testing to include inorganic, organic, and radiological analyses on various media ranging from<br />
drinking water, wastewater, soil, sediments, fish tissue, lead-in-air filters, and hazardous wastes. The Central Laboratory is<br />
fully certified by EPA to perform all inorganic and organic analyses required by the Safe Drinking Water Act. The Mobile and<br />
Birmingham laboratories analyze most <strong>of</strong> the same parameters as the Central Laboratory’s Inorganic Unit. This includes<br />
parameters such as alkalinity, hardness, pH, solids, biochemical oxygen demand, nutrients, and metals, among others.<br />
Microbiological analysis <strong>of</strong> samples (primarily E. coli) is also performed in these three laboratories as well as in the <strong>Department</strong>’s<br />
Decatur Office.<br />
One <strong>of</strong> the Laboratory’s greatest achievements over the last <strong>30</strong> years has been advancements in the ability to manage data. Prior<br />
to 1989 all information pertaining to the receipt <strong>of</strong> samples, the assignment <strong>of</strong> samples to the analysts, the recording <strong>of</strong> data,<br />
and the distribution <strong>of</strong> data back to the sample collector was handled and recorded manually. Beginning in October <strong>of</strong> 1989 the<br />
laboratory transitioned to a computer based system where samples were logged into a database and a report <strong>of</strong> the sample<br />
results could be printed from the database. In 1996 the Laboratory began using a Laboratory Information Management System<br />
that handles all aspects <strong>of</strong> the process from sample receipt through the reporting <strong>of</strong> results electronically.<br />
Approximately 500 fi sh are collected and analyzed<br />
each year to ensure citizens have accurate information<br />
regarding the consumption <strong>of</strong> fi sh from <strong>Alabama</strong>’s<br />
waterways.<br />
40
During the last thirty<br />
years over 41,000<br />
site visits have been<br />
conducted at 2,750<br />
stations located on<br />
<strong>Alabama</strong>’s streams,<br />
rivers, and reservoirs<br />
where over 2.5 million<br />
individual data points<br />
have been collected to<br />
assess water quality.<br />
Advances and enhancements in laboratory instrumentation have played a significant role in improving laboratory performance.<br />
Automation has reduced the amount <strong>of</strong> time required to analyze samples and has limited the need to hire addition analysts.<br />
Updated instrumentation that automatically feeds samples into the analyzer allows for increased efficiency so the analysts can<br />
operate multiple instruments. Significant increases in the sensitivity <strong>of</strong> laboratory instrumentation have made it possible to detect<br />
compounds in the parts per trillion range whereas the norm used to be parts per thousand and parts per million.<br />
In 1982 there were 112 ambient air monitors deployed<br />
in <strong>Alabama</strong>. As overall air quality has improved and<br />
standards have changed, there are now 69 monitors<br />
deployed throughout the State to assess ambient air quality.<br />
41
Significant Events - Field Operations Division<br />
1983<br />
1985<br />
1986<br />
1989<br />
1990<br />
1991<br />
1993<br />
1995<br />
1996<br />
1997<br />
1999<br />
2000<br />
2002<br />
Initiated Wasteload Allocation and Time-<strong>of</strong>-Travel Studies<br />
Initial statewide reservoir water quality monitoring survey<br />
Safe Drinking Water Act revisions require establishment <strong>of</strong> maximum contaminant levels for 57 new compounds<br />
and the implementation <strong>of</strong> commensurate analytical methods<br />
Statewide groundwater monitoring initiated<br />
Comprehensive statewide reservoir water quality monitoring survey<br />
Birmingham Branch moves to new <strong>of</strong>fice/laboratory building<br />
Reservoir Monitoring Program and Clean Lakes Program Phase I Intensive Reservoir Surveys initiated<br />
EPA adopts expanded Synthetic Organic Chemical Rule for Drinking Water, adding 74 compounds to monitoring<br />
requirements<br />
Eco-regional Reference Reach Monitoring Program for Streams initiated<br />
Fish Tissue Monitoring Program initiated<br />
Coastal Monitoring Surveys initiated<br />
Air standards for PM2.5 enacted requiring deployment <strong>of</strong> new ambient air quality monitoring network<br />
Intensive bacteriological surveys initiated<br />
Initial water quality monitoring strategy (ASSESS) developed<br />
Upland ALAMAP probabilistic water quality surveys initiated<br />
Watershed/basin rotation approach in monitoring programs initiated<br />
<strong>30</strong>3(d) list (targeted) stream water quality assessments initiated<br />
Coastal <strong>Alabama</strong> Beach Monitoring Program initiated<br />
NPDES permits required for Concentrated Animal Feeding Operations (CAFO)<br />
Statewide probabilistic groundwater assessments initiated<br />
Periphyton assessments initiated<br />
42
2003<br />
2004<br />
2005<br />
Cahaba River/Hatchet Creek Intensive Survey for Nutrient Target Development initiated<br />
Mobile Bay Water Quality Study conducted<br />
Hurricane Ivan Response<br />
Hurricane Katrina response<br />
Revised Monitoring Strategy implemented<br />
Rivers and Streams / Rivers and Reservoirs Monitoring Programs initiated<br />
Nonwadeable/Large River Bioassessment development and initiation<br />
2006<br />
2007<br />
2008<br />
2009<br />
2010<br />
2011<br />
2012<br />
Stream Fish Index <strong>of</strong> Biotic Integrity (IBI) development initiated<br />
Dedication <strong>of</strong> new Central Laboratory Building and consolidation <strong>of</strong> Field Operations Division Montgomery staff<br />
into one facility<br />
National Lakes Assessment monitoring initiated<br />
E. coli criteria development and implementation<br />
Hurricane Gustav response<br />
Auburn University Algal Toxin Program Partnership initiated<br />
<strong>ADEM</strong> Wetlands Monitoring Program developed<br />
Assessment <strong>of</strong> Water Quality Near Surface Coal Mining Facilities in the Black Warrior River Basin<br />
Coastal Waters Monitoring Program formalized<br />
National Wetlands Condition Assessment<br />
BP-Deep Water Horizon Oil Rig explosion (response continues)<br />
Central Laboratory low-level mercury analyses capability developed<br />
Southeast Wetlands Monitoring Intensification Project initiated<br />
Revised Monitoring Strategy implemented<br />
43
Acronyms<br />
A&I<br />
Agricultural and Industrial Water Supply - Water Quality Classification<br />
ACAMP<br />
<strong>Alabama</strong> Coastal Area Management Program<br />
ACM<br />
Asbestos Containing Materials (containing more than 1% asbestos)<br />
ADCNR<br />
<strong>Alabama</strong> <strong>Department</strong> <strong>of</strong> Conservation and Natural Resources<br />
<strong>ADEM</strong><br />
<strong>Alabama</strong> <strong>Department</strong> <strong>of</strong> <strong>Environmental</strong> Management<br />
ADPH<br />
<strong>Alabama</strong> <strong>Department</strong> <strong>of</strong> Public Health<br />
AFO<br />
Animal Feeding Operation<br />
AHSCF<br />
<strong>Alabama</strong> Hazardous Substance Cleanup Fund<br />
AHWMMA <strong>Alabama</strong> Hazardous Waste Management and Minimization Act<br />
ANCDF<br />
Anniston Chemical Demilitarization Facility<br />
AWPCA<br />
<strong>Alabama</strong> Water Pollution Control Act<br />
BMP<br />
Best Management Practice<br />
CAAA<br />
Clean Air Act Amendments<br />
CAFO<br />
Concentrated Animal Feeding Program<br />
CEMS<br />
Continuous Emission Monitoring System<br />
CERCLA<br />
Comprehensive <strong>Environmental</strong> Response, Compensation, and Liability Act<br />
CFR<br />
Code <strong>of</strong> Federal Regulations<br />
CWA<br />
Clean Water Act<br />
CWSRF<br />
Clean Water State Revolving Fund<br />
CWMP<br />
Coastal Waters Monitoring Program<br />
CZMP<br />
Coastal Zone Monitoring Program<br />
DMR<br />
Discharge Monitoring Report<br />
DoD<br />
<strong>Department</strong> <strong>of</strong> Defense<br />
DSMOA<br />
<strong>Department</strong> <strong>of</strong> Defense and State Memorandum <strong>of</strong> Agreement<br />
DWSRF<br />
Drinking Water State Revolving Fund<br />
E2 or E-DMR Electronic Discharge Monitoring Report<br />
EMC or AEMC <strong>Alabama</strong> <strong>Environmental</strong> Management Commission<br />
eNOI<br />
Electronic Notice <strong>of</strong> Intent<br />
EPA or USEPA United States <strong>Environmental</strong> Protection Agency<br />
F&W<br />
Fish and Wildlife - Water Quality Classification<br />
FWS<br />
U.S. Fish and Wildlife Service<br />
GIS<br />
Geographical Information System<br />
HSWA Hazardous & Solid Waste Amendment <strong>of</strong> 1984<br />
IBI<br />
Index <strong>of</strong> Biotic Integrity<br />
ICIS<br />
Integrated Compliance Information System<br />
44
LWF<br />
Limited Warmwater Fishery - Water Quality Classification<br />
M&R<br />
Monitoring & Reporting<br />
MCL<br />
Maximum Contaminant Level<br />
MS4<br />
Municipal Separate Storm Sewer System<br />
NAAQS<br />
National Ambient Air Quality Standards<br />
NCAPS<br />
National Corrective Action Prioritization System<br />
NMS<br />
NPDES Management System<br />
NOAA<br />
National Oceanic and Atmospheric Administration<br />
NOI<br />
Notice <strong>of</strong> Intent<br />
NOx<br />
Nitrogen Oxides<br />
NPDES<br />
National Pollutant Discharge Elimination System<br />
OAW<br />
Outstanding <strong>Alabama</strong> Water<br />
ONRW<br />
Outstanding National Resource Water<br />
PSD<br />
Prevention <strong>of</strong> Significant Deterioration<br />
PWS<br />
Public Water Supply<br />
RCRA Resource Conservation and Recovery Act <strong>of</strong> 1976<br />
S<br />
Swimming and Other Whole Body Water Contact Sports - Water Quality Classification<br />
SDWA<br />
Safe Drinking Water Act<br />
SH<br />
Shellfish Harvesting - Water Quality Classification<br />
SIC<br />
Standard Industrial Classification<br />
SID<br />
State Indirect Discharge<br />
SIP<br />
State Implementation Plan<br />
SO2<br />
Sulfur Dioxide<br />
STORET<br />
EPA Storage and Retrieval Database<br />
TAL<br />
Treasured <strong>Alabama</strong> Lake<br />
TMDL<br />
Total Maximum Daily Load<br />
Trail<br />
Selma-to-Montgomery Historic Voting Rights Trail<br />
UAD<br />
Unauthorized Dump<br />
UIC<br />
Underground Injection Control<br />
USDW<br />
Underground Source <strong>of</strong> Drinking Water<br />
USGS<br />
United States Geological Survey<br />
UST<br />
Underground Storage Tank<br />
VCP<br />
Voluntary Cleanup Program<br />
WLA<br />
Waste Load Allocation<br />
WQS<br />
Water Quality Standards<br />
45
<strong>Alabama</strong> <strong>Department</strong> <strong>of</strong> <strong>Environmental</strong> Management<br />
1400 Coliseum Boulevard<br />
PO Box <strong>30</strong>1463<br />
Montgomery, <strong>Alabama</strong> 361<strong>30</strong>-1463<br />
(334) 271-7700<br />
Birmingham Branch<br />
110 Vulcan Road<br />
Birmingham, AL 35209-4702<br />
(205) 942-6168<br />
Decatur Branch<br />
2715 Sandlin Road, S.W.<br />
Decatur, AL 35603-1333<br />
(256) 353-1713<br />
Mobile Branch<br />
2204 Perimeter Road<br />
Mobile, AL 36615-1131<br />
(251) 450-3400<br />
Mobile - Coastal<br />
4171 Commanders Drive<br />
Mobile, AL 36615-1421<br />
(251) 432-6533