We are thrilled to announce that a Petition for Rulemaking was granted on Friday by the Alabama Environmental Management Commission (AEMC) after seven conservation organizations urged the state to update and publish amended toxicity values for twelve priority toxic pollutants, such as arsenic, cyanide, and more!
The Petition was filed in April and was backed by substantive, credible and relevant evidence, data and information supporting the adoption of the proposed amendments. After compelling public comments, the AEMC acknowledged that they were not following their own rules and granted the petition.
The seven nonprofit organizations’ legal action states that Alabama’s current toxicity values are not sufficient to protect human health from consumption of contaminated fish, shellfish and water. The groups that filed the Petition for Rulemaking are Alabama Rivers Alliance, Black Warrior Riverkeeper, Cahaba Riverkeeper, Choctawhatchee Riverkeeper, Coosa Riverkeeper, Environmental Defense Alliance, and Mobile Baykeeper.
Several of these groups, including ARA’s Policy Director, Charles Miller, spoke to the EMC to express frustration with their inaction and to further explain how these outdated toxicity values impact families who rely on the river for sustenance. Alabama failed to review and adopt revised toxicity values for toxic pollutants as required by the Clean Water Act despite the development of new information and science on the toxicity of the twelve pollutants. As a result, Alabama’s criteria for these toxic pollutants are outdated and insufficient to protect the health of Alabamians.
“We welcome the Environmental Management Commission’s decision to direct ADEM to finally update its outdated regulations,” Miller said. “It’s long past time for Alabama to align its water quality standards with current science and protect communities from these harmful toxic pollutants. We urge the Department to act swiftly and transparently in completing the rulemaking process.”
David Ludder, the attorney representing the group of organizations, said:
“Congress directed States to review and update water quality criteria for toxic pollutants at least every three years. Alabama failed to update the toxicity values used to calculate surface water quality criteria for Cyanide, 1,3-Dichlorobenzene, 4,6-Dinitro-2-methylphenol, Ethylbenzene, Toluene, 2,4-Dinitrotoluene, Hexachloroethane, Pentachlorophenol, Trichloroethylene, 1,3-Dichloropropylene, Arsenic, and 1,2,4- Trichlorobenzene for ten or more years despite the availability of information indicating these pollutants are more toxic than previously thought. We are pleased that the Commission ordered the Department to initiate rulemaking to consider the updates recommended by the Petitioners and EPA.”
The amendments proposed by the Petition for Rulemaking reflect long-delayed updates to oral Reference Dose (RfD) values and oral Cancer Potency Factor (CPF) values recommended by EPA to protect human health. Adoption of these amendments will result in significantly lower water quality criteria for the twelve toxic pollutants and enhanced protection of human health.
To view the Petition for Rulemaking, click here.
To watch the EMC meeting, click here.
MEDIA COVERAGE
Inside Climate News’ Alabama Environmental Groups Secure Rare Win in Fight to Update Water Toxicity Standards
WBHM’s Alabama environmental groups secure rare win in fight to update water toxicity standards
Bama Buzz’s AEMC approves new standards for keeping Alabama waterways cleaner
Alabama Reflector’s Alabama environmental groups secure rare win in fight to update water toxicity standards
ECOWatch’s Environmental Groups Successfully Petition Alabama to Update Water Toxicity Standards
Environmental Health News’ Alabama finally updates toxic water standards after years of delays
Calhoun Journal’s “Petition Spurs AEMC Action on Toxicity Standards”