The Environmental Protection Agency proposed a new rule Thursday that will give states and utilities more leeway in how they dispose and manage toxic coal ash waste.
Coal ash is the waste left over from burning coal for electricity production. The waste is typically stored in large containment ponds. But after some large coal ash spills, the Obama administration in 2015 wrote regulations to better contain the waste.
Utility operators produce more than 110 million tons of coal ash annually, according to the EPA.
The Obama-era rule imposed new standards on coal ash disposal sites by increasing inspection and monitoring levels, and requiring power plants to install liners in new waste pits to prevent leaking that could threaten nearby drinking water supplies. Companies also had to conduct water quality tests.
Utility industry groups petitioned to change the rule, arguing it was too costly for power plants.
In September, EPA Administrator Scott Pruitt announced he would reconsider the Obama rule. The 2015 rule was never implemented, and litigation against it still pending in court.
“It is important that we give the existing rule a hard look and consider improvements that may help states tailor their permit programs to the needs of their states, in a way that provides greater regulatory certainty, while also ensuring that human health and the environment remain protected,” Pruitt said at the time.
Pruitt said Thursday his proposed revision of the rule would save companies between $31 million and $100 million per year. It would allow states to come up with their own plans on how to respond to coal ash spills.
“Today’s coal ash proposal embodies EPA’s commitment to our state partners by providing them with the ability to incorporate flexibilities into their coal ash permit programs based on the needs of their states,” Pruitt said. “We are also providing clarification and an opportunity for public comment – something that is much-needed following the public reaction to the 2015 coal ash rule.”
EPA will be accepting public comment on the proposal for 45 days after publication in the Federal Register and plans to hold a public hearing.
