On May 17, the U.S. Environmental Protection Agency announced a new proposed rule for comment that would hold companies accountable for controlling and cleaning up now inactive impoundments and historical coal ash disposal sites created by the disposal of coal combustion residuals (CCR or coal ash), which can cause serious public health risks and leak into groundwater.

According to Earthjustice, there are at least 48 unregulated coal ash legacy impoundments and inactive landfills in Pennsylvania that were originally exempt from the 2015 EPA coal ash rule.  Read more here.

More information on inactive facilities covered by this proposed rule is expected to be released by EPA when it is formally published in the Federal Register for comment.

[Note: Just because EPA has not regulated these facilities does not mean that DEP does not.]

Coal ash is a byproduct of burning coal in power plants that, without proper management, can pollute waterways, groundwater, drinking water, and the air.

Coal ash contains contaminants like mercury, cadmium, chromium, and arsenic associated with cancer and various other serious health effects.

“Ensuring the health and safety of all people is EPA’s top priority, and this proposed rule represents a crucial step toward safeguarding the air, groundwater, streams, and drinking water communities depend on,” said EPA Administrator Michael S. Regan. “Many of these communities have been disproportionately impacted by pollution for far too long. This proposal will better protect their health and our environment, and it will reflect our broader commitment to reduce pollution from the power sector in a way that ensures a reliable, affordable supply of electricity.”

Inactive coal ash surface impoundments at inactive facilities, referred to as “legacy CCR surface impoundments,” are more likely to be unlined and unmonitored, making them more prone to leaks and structural problems than units at facilities that are currently in service.

These units are currently not regulated at the federal level — a gap that a federal court directed EPA to address in 2018.

On August 21, 2018, the United States Court of Appeals for the District of Columbia Circuit vacated the exemption for inactive surface impoundments at inactive facilities and remanded the case to EPA for further action in accordance with the decision in Utility Solid Waste Activities Group, et al. v. EPA.

In response, in October 2020, EPA requested comments and data on legacy CCR surface impoundments to assist in the development of future regulations for these CCR units. This proposed rule incorporates the information collected in that effort.

To address these concerns, EPA is proposing safeguards for legacy coal ash surface impoundments that largely mirror those for inactive impoundments at active facilities, including requiring the proper closure of the impoundments and remediating coal ash contamination in groundwater.

In addition, through implementation of the 2015 CCR rule, EPA found that power plants with regulated impoundments had also disposed of coal ash in areas outside of regulated units. 

These areas could include coal ash in surface impoundments and landfills that closed prior to the effective date of the 2015 CCR Rule, inactive CCR landfills, and other areas where coal ash is placed directly on the land.

The Agency is proposing to apply certain protections in EPA’s coal ash regulations to these areas.

As EPA works to finalize the proposal, it will engage with the power sector and other groups to ensure this proposal reflects the Administration’s commitment to reduce pollution from the power sector while providing long-term regulatory certainty and operational flexibility.

EPA is collecting public comments on these proposals for 60 days through dockets in regulations.gov. EPA will also hold both in-person and virtual public hearings.

For more information, visit this EPA webpage.

(Photo: Little Blue Run coal waste disposal impoundment in Beaver County which is under a DEP agreement to close.)

Resource Link:

-- EPA Announced Proposed Rules Requiring Cleanup Of Inactive Coal Waste Impoundments For Comment

NewsClip:

-- AP: EPA Proposed Rule Would Force Clean-up Of Inactive Power Plant Coal Waste Disposal Areas

[Posted: May 17, 2023]

5/22/2023