EPA advances rule to close coal ash loophole

By Miranda Willson | 03/19/2024 01:28 PM EDT

Though the rule has been praised as a significant step toward addressing toxic industrial waste, advocates are pushing for a stronger regulation.

 In this Feb. 5, 2014 file photo, Amy Adams, North Carolina campaign coordinator with Appalachian Voices, shows her hand covered with wet coal ash from the Dan River swirling in the background, in Danville, Va.

Amy Adams, North Carolina campaign coordinator with Appalachian Voices, shows her hand covered with wet coal ash from the Dan River swirling in the background, in Danville, Virginia, on Feb. 5, 2014. Gerry Broome/AP

The Biden administration pushed forward its new rule to crack down on toxic coal waste near aging and former power plants, which thus far has evaded federal cleanup requirements.

Inactive or “legacy” coal ash ponds across the U.S. have for years been exempt from EPA rules pertaining to coal ash, the byproduct of burning coal that contains cancer-causing heavy metals. Last year, the agency proposed a regulation that would begin to close that loophole.

A final version of the rule is now under review by the White House, according to a notice posted by the Office of Management and Budget. As proposed in May, the rule would direct utilities and coal plant operators to monitor, close and clean up hundreds of previously excluded inactive coal waste sites that can contaminate drinking water and harm nearby communities.

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“Ensuring the health and safety of all people is EPA’s top priority, and this proposed rule represents a crucial step toward safeguarding the air, groundwater, streams and drinking water communities depend on,” EPA Administrator Michael Regan said at the time

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