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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

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