EPA rule revamps coal ash handling, storage mandates
WASHINGTON — The Environmental Protection Agency on Tuesday finalized a rule to overhaul requirements for handling the toxic waste produced by burning coal, providing more flexibility to state and industry officials who had sought a rollback of restrictions put in place in 2015.
The far-reaching rule will dictate how coal ash, which has contaminated waterways in two high-profile spills in Tennessee and North Carolina during the past decade, is stored at more than 400 coalfired power plants around the country.
The new standards — the first major rule signed by EPA acting administrator Andrew Wheeler — will extend the life of some existing ash ponds from April 2019 until October 2020, empower states to suspend groundwater monitoring in certain cases and allow state officials to certify if utilities’ facilities meet adequate standards.
Wheeler said Wednesday the changes would save utilities roughly $30 million annually in compliance costs.
“These amendments provide states and utilities muchneeded flexibility in the management of coal ash, while ensuring human health and the environment are protected,” Wheeler said in a statement. “Our actions mark a significant departure from the one-sizefits-all policies of the past and save tens of millions of dollars in regulatory costs.”
Industry officials petitioned the Trump administration last year to reconsider existing standards for the fine powder and sludge — which contains mercury, cadmium, arsenic and other heavy metals — and the new regulation expands upon the proposal then-EPA Administrator Scott Pruitt issued in March.
Wheeler worked for several years as a lobbyist for Murray Energy, which supported reconsideration of the coal ash rule, before joining the administration this spring. He said in an interview with The Washington Post earlier this month that he has not lobbied EPA directly for several years, though he lobbied other departments since President Donald Trump took office.
The Obama administration negotiated for years with environmental groups, electric utilities and other affected industries how to address coal waste, which can poison wildlife and lead to respiratory illnesses among those living near storage sites. Its 2015 rule increased inspections and monitoring of coal-ash disposal sites and required measures such as liners in new waste pits to prevent leaks that might threaten nearby drinking water supplies.
Tuesday’s rule — which will be followed by a second one, likely next year, to address how to recycle coal ash to make concrete, gypsum wallboard and pavement — incorporated several requests from industry. For example, it would allow a state to suspend groundwater monitoring if it determines that there are no leaks, contamination or migration of contaminants that can be detected.
The rule will allow coalash impoundments at risk for leaks — including ones located within five feet of groundwater or in wetlands or seismic zones — to continue operating beyond April 2019, when they are slated to close. Instead, they may remain open under the new rule until October 2020.