The U.S. Environmental Protection Agency (EPA) has announced a new measure to protect communities and hold polluters accountable for the harmful effects of coal ash disposal. The EPA has proposed a rule that aims to ensure the safe management of coal ash in areas that are currently unregulated at the federal level.
This includes inactive power plants with unused surface impoundments and historical coal ash disposal areas at power plants with regulated coal ash units. The proposal focuses on addressing legacy contamination and inactive units, without impacting current power plant operations.
Coal ash, a byproduct of coal burning in power plants, can contaminate water sources, including groundwater and drinking water, as well as pollute the air. It contains hazardous substances such as mercury, cadmium, chromium, and arsenic, which are associated with serious health risks, including cancer.
This action by the EPA aims to protect underserved communities that are disproportionately affected by pollution, aligning with the Biden-Harris Administration’s commitment to environmental justice. EPA Administrator Michael S. Regan emphasizes the importance of safeguarding the health and environment of communities, reducing pollution, and ensuring a reliable and affordable electricity supply.
The proposed rule specifically addresses inactive coal ash surface impoundments, also known as “legacy CCR surface impoundments,” which are more prone to leaks and structural issues due to being unlined and unmonitored. The rule proposes measures such as proper closure of impoundments and remediation of coal ash contamination in groundwater.
Additionally, the EPA aims to extend certain protections from its coal ash regulations to areas where coal ash has been improperly disposed of outside of regulated units. As the EPA finalizes the proposal, it plans to engage with the power sector and other stakeholders to align with the administration’s pollution reduction goals while providing regulatory certainty and operational flexibility. The public can provide comments on these proposals through regulations.gov, and the EPA will conduct in-person and virtual public hearings.