EPA proposes crackdown on toxic coal waste at ‘legacy’ power plant sites

The Environmental Protection Agency (EPA) is cracking down on contamination from toxic coal waste at power plants that have been closed for several years — requiring them to take actions to prevent their coal ash from leaking out and contaminating groundwater.

The rule, if finalized, would hold the handling of this “legacy” waste from plants that closed before October 19, 2015 to the same standards applied to that from plants that closed later or are still active. 

Coal ash is produced by burning coal. It contains dangerous substances including mercury and arsenic. Mercury has been linked to fetal brain and nervous system damage, while arsenic has been linked to cancer. 

“This proposed rule represents a crucial step toward safeguarding the air, groundwater, streams, and drinking water communities depend on,” EPA Administrator Michael Regan said in a written statement. 

“Many of these communities have been disproportionately impacted by pollution for far too long,” he added. “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.”

The agency estimates that the new rules will apply to 280 additional sites

Lisa Evans, senior council at Earthjustice, said that the rule was a positive step, but lamented that it does not target legacy sites where coal ash is disposed of only in solid form at landfills, as opposed to a liquid form at ponds. 

“EPA is definitely heading in the right direction,” Evans said. “The rule fills many of the dangerous gaps in the 2015 rule.”

However, she added “it appears that not all gaps may be filled and so we think the agency may have some further work to do and hopefully we’ll see that corrected in the final rule, but this is a good first step that acknowledges the high risk to health and the environment caused by unregulated coal ash.”

Earthjustice estimated that the rule still exempts “dozens” of sites and also notes on its website that the rule does not go after coal ash that was used in construction at places like playgrounds and schools.

The proposed rule comes after a 2018 court decision the agency to address the issue.