Velázquez Applauds Biden Administration for Strengthening Coal Ash Safeguards

Washington, DC— Today, Congresswoman Nydia M. Velázquez applauded the Environmental Protection Agency (EPA) for addressing gaps in the 2015 Coal Ash Rule that left half of coal ash unregulated and allowed coal plants to avoid cleaning up toxic coal ash across the country. In 2021, Velázquez led 37 of her colleagues in a letter calling on the Environmental Protection Agency (EPA) to repair and improve the 2015 Coal Ash Rule.

“For too long, utilities have been given free rein to pollute our communities by dumping coal ash. This new rule strengthens coal ash regulations and will force power plants to finally clean up their toxic waste,” said Congresswoman Velázquez. “I was proud to lead my House colleagues in calling for this action and I look forward to seeing the positive impact that has on communities on the frontlines of the fight for environmental justice.”

Coal ash is what is left behind when power companies burn coal for energy. It is a toxic mix of hazardous pollutants, metals, carcinogens, and neurotoxins. For decades, utilities disposed of coal ash by dumping it in unlined ponds, landfills and mines where the toxic pollution leaks into groundwater. Coal ash is disproportionately located in low-income communities and communities of color. Exposure to these toxins through drinking water or air pollution may lead to disastrous consequences for the health of civilians living nearby.

In 2015, EPA adopted its first-ever safeguards to protect people from toxic coal ash, after a lawsuit was brought by Earthjustice. However, EPA excluded landfills and waste piles that stopped receiving coal ash before the rule went into effect, as well as dumpsites at power plants that stopped producing power. The 2015 coal ash rule did not regulate about half of all coal ash in the U.S. stored in legacy coal ash ponds and landfills.

Last year, the EPA designated coal ash a national enforcement priority and has ramped up enforcement actions, acknowledging that there is widespread noncompliance with existing coal ash regulations. Today’s finalization of the Legacy CCR Surface Impoundment Rule will extend federal monitoring and cleanup requirements to hundreds of previously excluded older coal ash landfills and ponds.

New York State has 12 coal ash dumpsites containing millions of cubic yards of toxic waste. In Puerto Rico, the Applied Energy Services — Puerto Rico coal plant in Guayama produces an average of 600 tons of coal ash per day. The Guayama region, where many residents are Afro-Puerto Rican, has a high rate of poverty. Studies have shown that the Guayama community suffers higher incidence of respiratory disease, cardiovascular disease, asthma, hives, spontaneous abortions, bronchitis than communities whose air and environment are not impacted by the power plant.

“EPA’s new rule is aimed at cleaning up coal plants once and for all –coal plants will have to monitor each of these toxic dumps, stop the leaking of hazardous chemicals, and clean up groundwater when contamination is found. This is a watershed moment,” said Lisa Evans, senior attorney at Earthjustice.