Coal Ash Rule

Weakened regulations for the storage and disposal of toxic coal waste.

With over 100 million tons produced every year, coal ash – a byproduct of coal-fired power plants – is among the most abundant industrial wastes in the United States. Loaded with carcinogens and heavy metal neurotoxins such as arsenic, lead and mercury, the storage and disposal of coal ash poses a real threat to nearby communities and any downstream.

It was following two massive coal ash spills which resulted in the deaths of dozens of cleanup workers and left 100’s more severely ill or dying, that the Obama administration sought to improve regulations of the toxic waste material.

However, Trump appointee and current head of the Environmental Protection Agency, Andrew Wheeler, just happens to be a veteran coal lobbyist, formerly employed by the largest coal mining company in the country, Murray Energy Corp (of coal magnate Bob Murray notoriety).

And so, Wheeler has made, and continues to make, amendments to the Coal Ash Rule, effectively postponing much of its implementation indefinitely. While the external risk is placed on communities, the only benefactors of Wheeler’s rule delays are, surely by coincidence, that of his former employer and other coal industry executives and stakeholders.

Status

Aug. 29^th, 2018 Phase One: RULE REVISED / DELAYED

Allow states to “incorporate flexibility” in their coal ash permit programs and extending the deadline for facilities which would’ve been forced to close based on their failure to meet regulations.

Coal Ash Rule | Brookings Deregulation Tracker

Aug. 14^th, 2019 Phase Two: PROPOSED

Removes requirement that, for coal ash sites exceeding 12,400 tons, operators demonstrate the waste will not harm the environment. Such a requirement only remains if the coal ash is to be dumped into previously declared wetlands, floodplains, or seismic zones.

Coal Ash Rule | Harvard’s Regulatory Rollback Tracker

Notables

At least 36 cleanup workers have died from diseases and cancers as a result of their work on the 2008 Tennessee coal ash spill; 100’s more suffer from illnesses and debilitations.

Coal’s other dark side: Toxic ash that can poison water and people | National Geographic (2.19.19)

The spill prompted the Obama administrations EPA to create the first federal rule regarding the proper disposal of coal ash; but was blocked from classifying coal ash as “hazardous waste”, only managing the lesser classification of “solid waste”.

Coal’s other dark side: Toxic ash that can poison water and people | National Geographic (2.19.19)

The revised rules allow for some unlined coal ash ponds to remain open as late as 2028 – eight years longer than the original rule which required unlined coal ash ponds to stop receiving new waste by October 31, 2020.