Jessica King, jessica.king@sierraclub.org
WASHINGTON, D.C. -- In two proposed rules, President Biden's EPA is taking welcome action to protect the public from millions of tons of toxic coal ash sitting in old landfills and ponds across the country previously exempt from federal regulations.
When finalized, the proposal will regulate coal ash disposed of in old landfills and other fill areas at power plants, not just ash in “active” landfills, safeguarding nearby communities and groundwater from the harmful impacts of coal ash. For the first time, the proposal also will regulate the many coal ash ponds located at retired power plants, called legacy ponds.
When EPA issued its first coal ash regulations in 2015, the Coal Combustion Residuals Rule included two dangerous loopholes. These loopholes allowed coal ash ponds at retired power plants, known as legacy impoundments, and “inactive” coal ash landfills where ash hadn’t been dumped since before 2015 to operate without critical monitoring and cleanup requirements and to continue to contaminate groundwater and surface water. On behalf of the Sierra Club and other environmental, civil rights, and community groups, Earthjustice sued the EPA twice challenging this loophole. Today’s proposal is a result of those lawsuits.
EPA will accept public comment on the proposed rules for 60 days. EPA will also hold a public hearing in Chicago on Wednesday, June 28, 2023 and a virtual hearing on Wednesday, July 12, 2023 where members of affected communities can voice their concerns.
“Despite being filled with some of the nastiest contaminants around, from carcinogens like arsenic, cadmium and chromium to neurotoxins such as lead and lithium, hundreds of toxic coal ash dump sites have been allowed to operate without critical safeguards for years,” said Sierra Club Senior Attorney Bridget Lee. “Today’s proposals will change that, and move us a step closer to a future in which our communities have clean water to drink and safe rivers and lakes to enjoy.”
"There's no such thing as too much oversight at coal ash facilities because they pose a clear danger to precious clean water that's needed to grow food, drink, recreate, and support wildlife," said Patricia Schuba, President of the Labadie Environmental Organization. "There are countless mounds of coal waste on power plant properties that were exempted by state agencies for reuse, but we now know those sites pollute water and clean up and remediation must be prioritized."
About the Sierra Club
The Sierra Club is America’s largest and most influential grassroots environmental organization, with millions of members and supporters. In addition to protecting every person's right to get outdoors and access the healing power of nature, the Sierra Club works to promote clean energy, safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying, and legal action. For more information, visit www.sierraclub.org.