EPA Moves to Establish a Federal Permit Program to Allow More Coal Ash Pollution

Today, the Trump administration reopened for public comment its 2020 proposal to create a federal permit program for the disposal of coal ash. EPA’s permit proposal includes features like “permits for life” and “general permits” where the company gets to decide whether it qualifies for a permit.

“Along with EPA’s recent proposal to gut coal ash safeguards, this proposal is part of the administration’s overall effort to take EPA out of the business of protecting the environment, leaving the coal industry and coal-friendly states to police themselves at the expense of human health and the environment,” said Gavin Kearney, Earthjustice attorney. “Today’s proposal is just one more example of the EPA’s capitulation to corporate profit. Earthjustice and its partners will not abide it.”

In April, the EPA proposed drastically weaken protective standards. A virtual public hearing on that proposal to be held tomorrow, May 28, had to be extended to accommodate all the people seeking to comment against the proposed rule.

Toxic coal ash has contaminated water with dangerous pollutants at nearly every current and former coal plant site in the country. Under a permissive federal permit system, utilities can be expected to pressure regulators to eliminate protections and accept inadequate monitoring and cleanup plans on a site-by-site basis. The only recourse for communities would be to challenge the utility’s plans site-by-site, one-by-one.