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EPA Agrees to Deadline for First-Ever U.S. Coal Ash Regulations

Victory: Environmental litigation prevails, local coal ash communities to gain some protection
January 30, 2014
Washington, D.C. —

The Environmental Protection Agency will finalize first-ever federal regulations for the disposal of coal ash by December 19, 2014, according to a settlement in a lawsuit brought by environmental and public health groups and a Native American tribe. The settlement does not dictate the content of the final regulation, but it confirms that the agency will finalize a rule by a date certain after years of delay.

The settlement is in response to a lawsuit brought in 2012 by Earthjustice on behalf of Appalachian Voices (NC); Chesapeake Climate Action Network (MD); Environmental Integrity Project (D.C., PA); Kentuckians For The Commonwealth (KY); Moapa Band of Paiutes (NV); Montana Environmental Information Center (MT); Physicians for Social Responsibility (DC); Prairie Rivers Network (IL); Sierra Club (CA); Southern Alliance for Clean Energy (eight southeast states); and Western North Carolina Alliance (NC).

In October, the U.S. District Court for the District of Columbia ruled that the EPA has a mandatory duty to review and revise its waste regulations under the Resource and Conservation Recovery Act. The EPA has never finalized any federal regulations for the disposal of coal ash—the nation’s second largest industrial waste stream.

Taking overdue action to safeguard communities from coal ash was the first promise the Obama Administration made to the American public. Former EPA Administrator Lisa Jackson vowed to finalize coal ash regulations following a spill in Kingston, TN, where over a billion gallons of coal ash burst through a dam and damaged or destroyed two dozen homes and 300 acres of riverfront property. In the aftermath of that disaster, the EPA proposed various regulatory options in May 2010 and held seven public hearings in August and September of that year. Environmental and public health groups, community organizations, Native American tribes and others generated more than 450,000 public comments on EPA’s proposed regulation, calling for the strongest protections under the law. But since then, despite coal ash contamination at more than 200 sites nationwide, the agency has failed to finalize the protections under pressure from industry, the White House and some members of Congress.

View a timeline of coal ash events from the TVA spill to today’s settlement.

The following statement is made on behalf of the organizations involved in this lawsuit:

“Now we have certainty that EPA is going to take some action to protect us and all of the hundreds of communities across the country that are being poisoned by coal ash dumps. Since the disaster in Kingston, we have seen more tragic spills, and the list of sites where coal ash is contaminating our water keeps growing. Today, we are celebrating because the rule we need is finally in sight.

“But this deadline alone is not enough. EPA needs to finalize a federally enforceable rule that will clean up the air and water pollution that threatens people in hundreds of communities across the country. Coal ash has poisoned too many lakes, rivers, streams and groundwater aquifers. It is time to close dangerous unlined ash impoundments like the one that burst at Kingston.

“Utility companies need to stop dumping ash into unlined pits and start safely disposing of ash in properly designed landfills. Groundwater testing is needed at these ash dumps, data needs to be shared with the public, and power companies must act promptly to clean up their mess. A rule that requires anything less than these common-sense safeguards will leave thousands of people who live near ash dumps in harm’s way.”

Read the consent decree.

Contacts

Jared Saylor, Earthjustice, (202) 745-5213

About Earthjustice

Earthjustice is the premier nonprofit environmental law organization. We wield the power of law and the strength of partnership to protect people’s health, to preserve magnificent places and wildlife, to advance clean energy, and to combat climate change. We are here because the earth needs a good lawyer.