Environmental Law Matters

The Alabama Department of Environmental Management (ADEM) has given notice that it is proposing revisions to its Water Quality Program regulations, identifying specific changes to the toxicity values for several pollutants (complete list below).

In the Summary of Reasons Supporting the Adoption of Proposed Revisions, ADEM indicates it is proposing the revisions at the direction of the Alabama Environmental Management Commission, which develops environmental policy for the State.  Earlier this year, the Commission granted a petition for rulemaking filed by several environmental advocacy groups which requested these changes to the toxicity values. 

Toxicity values are used to establish ambient water quality criteria for legally binding water quality standards, which in turn are used by ADEM to set limits on pollutant discharges from regulated facilities.  It is anticipated that adoption of the revised toxicity values will result in significantly lower water quality criteria and more stringent permit discharge limitations for these pollutants, so Alabama facilities with individual National Pollutant Discharge Elimination System permits or State Indirect Discharge permits, should review the proposed revisions and consider potential impacts to facility operations. 

ADEM is accepting public comments on the proposed rules through January 12, 2026.   

The Burr & Forman environmental team recognizes the importance of this issue and will continue to track any developments with the rulemaking. 

Complete list of proposed changes:

• Revising the cancer potency factor for Arsenic from the current value of 1.75 (kg-day) /mg to 32 (kg-day) /mg.
• Revising the reference dose for Cyanide from the current value of 0.02 mg/ (kg-day) to 0.0006 mg/ (kg-day).
• Revising the reference dose for 1,3-Dichlorobenzene from the current value of 0.0134 mg/ (kg-day) to 0.002 mg/ (kg-day).
• Revising the cancer potency factor for 1,3-Dichloropropylene from the current value of 0.1 (kg-day)/mg to 0.122 (kg-day)/mg.
• Revising the reference dose for 4,6-Dinitro-2-methylphenol from the current value of 0.00039 mg/ (kg-day) to 0.0003 mg/ (kg-day).
• Revising the cancer potency factor for 2,4-Dinitrotoluene from the current value of 0.31 (kg-day)/mg to 0.667 (kg-day)/mg.
• Revising the reference dose for Ethylbenzene from the current value of 0.1 mg/ (kg-day) to 0.022 mg/ (kg-day).
• Revising the cancer potency factor for Hexachloroethane from the current value of 0.014 (kg-day) /mg mg to 0.04 (kg-day)/mg.
• Revising the cancer potency factor for Pentachlorophenol from the current value of 0.12 (kg-day)/mg to 0.4 (kg-day)/mg.
• Revising the reference dose for Toluene from the current value of 0.2 mg/(kg-day) to 0.0097 mg/(kg-day).
• Removing the reference dose for 1,2,4-Trichlorobenzene but adding a cancer potency factor for 1,2,4-Trichlorobenzene of 0.029 (kg-day)/mg.
• Revising the cancer potency factor for Trichloroethylene from the current value of 0.0126 (kg-day)/mg to 0.05 (kg-day)/mg.