EPA Rampaging on Coal Ash Rule Despite Groundwater Concerns
Despite pleas by environmental groups for more time to review recent dumps of groundwater monitoring data from power companies, the Environmental Protection Agency (EPA) is forging ahead to finalize a proposed overhaul of the Obama administration’s 2015 final Coal Combustion Residuals (CCR) rule.
The EPA’s 45-day comment period for the agency’s March 1 proposed rule, which includes more than a dozen significant changes to the 2015 action, is slated to end on April 30. Most of the rule’s changes focus on providing more regulatory flexibility to owners of coal ash landfills or surface impoundments, and they explicitly give states the authority to operate CCR permit programs “in lieu of federal regulations,” as long as they are agency-approved. According to the EPA, those changes are expected to save industry between $ 32 million and $ 100 million per year.
However, the proposal also seeks to address four provisions that a federal court remanded to the agency in June 2016. Those changes, for example, propose a clarification of the type and magnitude of non-groundwater releases that would require a coal plant to comply with corrective action procedure, and it adds boron to a list of constituents that may trigger corrective action.…