PUBLIC NOTICE
ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT (ADEM)

NOTICE OF JOINT PUBLIC HEARING FOR
PROPOSED AIR PERMITS FOR PREVENTION OF SIGNIFICANT DETERIORATION (PSD),
PROPOSED TITLE V MAJOR SOURCE OPERATING PERMIT, AND
PROPOSED NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
AND REQUEST FOR COMMENTS

MOBILE COUNTY

Notice is hereby given that ADEM will hold a Joint Public Hearing on Thursday, October 15, 2020, at 6:00 p.m., at the conference room in the Hampton Inn & Suites located at 80 Shell St, Saraland, AL 36571, for the proposed issuance of the following permits to Alabama Power Company for the James M. Barry Electric Generating Plant (aka Barry Steam Plant) located at 15300 Highway 43 North, Bucks, AL 36512:

1.   The proposed issuance of Air Permits for Prevention of Significant Deterioration (PSD) (Permit Numbers 503-1001-X014, 503-1001-X015, and 503-1001-X016) for the proposed addition of two (2) new natural gas-fired combined cycle (NGCC) units and ancillary equipment, which was previously noticed on August 19, 2020, at http://adem.alabama.gov/newsEvents/notices/aug20/8alpower-barry.html;
2.   The proposed renewal of the Title V Major Source Operating Permit (Permit Number 503-1001) for an existing electric generating facility (SIC code 4911), which was previously noticed on June 30, 2020 at http://adem.alabama.gov/newsEvents/notices/jun20/6alpowerbarry.html; and
3.   The proposed reissuance of the National Pollutant Elimination System (NPDES) Permit (Permit Number AL0002879) for various discharges to the Mobile River, classified as Fish and Wildlife, in the Mobile River Basin, which was previously noticed on August 19, 2020, at http://adem.alabama.gov/newsEvents/notices/aug20/8npdes-alpower.html.

Pursuant to applicable regulations, the Department issued public notice of a 30-day public comment period for the actions listed above on the Department’s website during which any interested person could submit written comments on the permit applications or draft permits.  During this comment period, the Department received sufficient requests to warrant a public hearing. Therefore, the Department is announcing a public hearing, and is extending the public comment period until 5:00 p.m. on Thursday, October 22, 2020 for those notices.
Copies of the complete project files are available as indicated in the public notices listed above and at the following location Monday-Friday, except legal holidays, between 8:00 a.m. and 5:00 p.m. A nominal fee for copying and/or mailing may be charged. Arrangements for copying should be made in advance.

Russell A. Kelly, Chief
Permits and Services Division
ADEM
1400 Coliseum Blvd.
[Mailing address: P. O. Box 301463-1463]
Montgomery, AL 36110-2400
(334) 271-7714

The purpose of the public hearing will be for interested parties to make oral and written comments into the public hearing record.  Those wishing to make oral comments at the public hearing are also encouraged to submit those comments in writing.  All comments must address the conditions of the proposed permit(s); the Department’s adherence to the applicable environmental laws, rules, and regulations in development of the proposed permit(s); or issues that have an impact on the applicant’s ability to meet applicable environmental laws, rules, and regulations to affect the final permit decision.  In order to affect final decisions, comments must offer technically substantial information that is applicable to the proposed permit(s).
Special Public Hearing Procedures Due to COVID-19 Pandemic:

  1. Hearing Format.  In order to conduct an orderly hearing while adhering to the recommended social distancing precautions, the Department will conduct the public hearing as follows:
    1. The Department will call only one registered speaker into the hearing room at a time to provide their testimony to Department representatives. There will not be a general audience in the hearing room. 
    2. Each registered speaker will be allowed no more than seven (7) minutes to present their testimony.  Speakers are encouraged to provide lengthy statements in writing, and to present a summary of their statement during their testimony.
    3. The Department will not allow registered speakers to enter the hearing room until they are called to give their testimony.
    4. The Department will require that speakers exit the hearing location after giving their testimony.
    5. The Department is not able to live stream the hearing or allow remote participation; however, the hearing proceedings will be video recorded and placed on the Department’s YouTube channel at https://www.youtube.com/channel/UCDwu2w3FpjGgT4ZOjhk6ZOw/featured within approximately 24 hours of the conclusion of the hearing.
  2. Preregistration:  In order to allow social distancing by reducing the number of people gathered at the hearing location, the Department is offering preregistration to those who wish to speak at the hearing. 
    1. You may preregister at https://forms.gle/fRu7KSwr5y8GjgF1A or, if any person does not have the ability to preregister online, they may call 334-394-4302 to preregister.
    2. Preregistration will end at 5:00 p.m. on Friday, October 9, 2020, to allow the Department adequate time to notify the people that did preregister of their appointed time slots.  If you miss the preregistration deadline, on-site registration will be available.
    3. To preregister, you must be willing to provide either a valid email address or cell phone number so that the Department may notify you of your approximate time slot in which you will be called to speak.  You may not request a specific time slot.
    4. You should arrive at the hearing no more than 15 minutes before your specified time slot.  At that time, please enter the hotel, and Department employees will alert you when it is your turn to speak.
  3. On-site Registration.
    1. The Department will conduct on-site registration for those that wish to speak at the hearing; however, preregistration is highly recommended.
    2. Upon registering, Department representatives will inform you of your approximate time slot in which you will be called to speak.  You will be instructed to return to the hearing location approximately 15 minutes before your time slot.
    3. Please note that the people that preregistered will be called to speak prior to those that register on-site.
  4. Safety Precautions.
    1. All attendees will be required to wear masks within the hearing location; however, once called into the hearing room, adequate distancing will be established to allow the speaker to remove their mask while speaking.
    2. All attendees will be subject to temperature screening prior to entering the hearing location.
  5. Opening Statements by the Department.  Since the attendees will not be present in the hearing room while the Department provides its opening statements, links to the statements are provided below:
    1. Hearing Officer Statement (http://adem.alabama.gov/newsEvents/notices/sep20/pdfs/9npdes-apcbarry-summary.pdf)
    2. Combined Statement for Air Permits for Prevention of Significant Deterioration and Title V Major Source Operating Permit (http://adem.alabama.gov/newsEvents/notices/sep20/pdfs/9npdes-apcbarry-air.pdf)
    3. National Pollutant Discharge Elimination System (NPDES) Permit (http://adem.alabama.gov/newsEvents/notices/sep20/pdfs/9npdes-apcbarry-water.pdf)

Any person wishing to participate in this hearing who needs special accommodations should contact the ADEM Permits and Services Division at (334) 271-7714 at least five working days prior to the hearing.

Attendance at the public hearing is not necessary in order to have comments included in the public hearing record.  Written comments received prior to the close of the public comment period will also be considered and entered into the public hearing record and will be given the same consideration as those provided at the hearing.  Written comments should be submitted to the mailing or email address(es) listed below, as appropriate.  Commenters should identify the appropriate permit number(s) on the first page of their comments.  If the comments apply to more than one permit, please try to make it clear to which permit each comment applies.

Ronald W. Gore, Chief
ADEM-Air Division
1400 Coliseum Blvd.
[Mailing address: PO Box 301463; Zip 36130-1463]
Montgomery, AL 36110-2400
(334) 271-7861
airmail@adem.alabama.gov

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

After consideration of all oral and written comments and consideration of the requirements of the Alabama Air Pollution Control Act, the federal Clean Air Act, the Alabama Water Pollution Control Act, the federal Water Pollution Control Act, and all other applicable regulations, the Department will make a final determination on the proposed permits.  The Department will develop a response to comments for each permit, which will be posted to the Department’s website at http://app.adem.alabama.gov/eFile/.  To find the response to comments and final permit determination, you may search by the permit or facility number listed in this notice.
The Department maintains a list of interested individuals who are emailed legal notices regarding proposed permits.  If you wish to receive such notices, please sign up at http://adem.alabama.gov/default.cnt by entering your email address on the left side of the page and clicking the submit button.
This notice is hereby given on this 11th day of September, 2020 by authorization of the Alabama Department of Environmental Management.

 

Lance R. LeFleur

Director

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