Many millions of tons of coal ash generated by power plants each year and stored in unlined impoundments across the United States are subject to new regulation following an announcement of the U.S. Environmental Protection Agency’s rule on the industrial waste.
A Dec. 19 press release from the EPA stated the new rule offers coal-fired facilities a practical approach to protecting drinking water and air from coal ash contamination.
“EPA is taking action to protect our communities from the risk of mismanaged coal ash disposal units, and putting in place safeguards to help prevent the next catastrophic coal ash impoundment failure, which can cost millions for local businesses, communities and states,” said Gina McCarthy, EPA administrator.
To ensure existing coal ash storage ponds do not collapse or seep heavy metals and other toxins into nearby water sources, the rule requires each pond undergo groundwater monitoring and regular inspections of structural integrity. Existing ponds that do not meet new requirements will be closed. Coal ash ponds constructed after the rule’s release must be outfitted with liners.
Duke Energy spokesperson Dave Scanzoni said in a Dec. 19 email the rule is “lengthy and complex, requiring a detailed review” by staff before any official comments are made. If necessary, existing management plans and closure strategies created by the utility company, largely in response to the Feb. 2 spill of 39,000 tons of coal ash into the Dan River near Eden, N.C., will be adjusted to comply with state and federal regulations, Scanzoni added.
Jamie Kritzer, N.C. Department of Environment and Natural Resources spokesperson, said the state agency is also deferring official comment on the rule until staff reviews it and compares it to state law.
“We will need time to review it to determine what the coal ash rule calls for and how that will impact coal ash regulation in North Carolina,” Kritzer said. A Dec. 19 statement from DENR said federal regulations handed down from the EPA appear to be weaker than state laws implemented in 2014 by the Coal Ash Management Act and Gov. Pat McCrory’s executive order.
Frank Holleman, Southern Environmental Law Center senior attorney, criticized the EPA’s final rule for imposing more tests and management practices at existing sites rather than requiring all coal ash be moved to dry, lined landfills away from public water resources.
“Instead of addressing the issue very clearly and requiring that the ash be moved over a reasonable period of time to safe storage, the EPA adopted a complicated, convoluted, time-consuming process, which may result in some sites being cleaned up, but it’s not clear that it will,” Holleman said.
Holleman said he also hoped the rule would require federal enforcement of new regulations, instead of allowing community groups and state agencies to oversee implementation.
The rule did bring some good news, Holleman added.
“Finally, there are some federal standards. They apply across the country, everywhere, and the utilities are going to have to become more transparent with their data. … If anybody is crazy enough to build another one of these lagoons in the future, at least it would have to be lined,” Holleman said. “We’ve got some minimum standards.”
email [email protected]
