EPA proposes flexibilities for toxic coal waste

The Trump administration's Environmental Protection Agency (EPA) proposed new rules on October 31, 2019, to provide greater flexibility for power plants in managing toxic coal ash waste, aiming to reduce regulatory burdens on the industry. The proposal seeks to amend the 2015 Coal Combustion Residuals (CCR) rule, which established the first federal regulations for the disposal of coal ash from electricity generation. This byproduct, containing contaminants like arsenic, lead, and mercury, has historically been stored in ponds and landfills, posing risks to groundwater and public health. The proposed changes would extend the lifespans of certain unlined coal ash ponds, allow states more authority in approving cleanup plans, and offer utilities more time to comply with closure requirements for contaminated sites. EPA Administrator Andrew Wheeler stated the revisions would save the industry up to $31 million annually while maintaining environmental protections. The move represents a significant shift from the Obama-era regulations, which were implemented following major coal ash spills, such as the 2008 Kingston Fossil Plant disaster in Tennessee that released over a billion gallons of slurry. Environmental groups and Democratic lawmakers have criticized the proposal, arguing it weakens crucial safeguards and increases health risks for communities near disposal sites. They contend that increased flexibility could lead to more groundwater contamination and delay necessary cleanups. The proposal is now subject to a 60-day public comment period, with final rules expected in 2020. This regulatory adjustment continues the administration's broader efforts to support the coal industry by rolling back environmental regulations, including the Clean Power Plan and mercury emissions standards.