Trump's EPA rolls back Obama-era coal ash regulations

Environmental groups say drinking water could be affected by new Trump administration rules on coal waste. A court challenge was being weighed.</s>WASHINGTON (Reuters) - The U.S. Environmental Protection Agency said on Wednesday it has eased Obama-era standards on the disposal of toxic coal ash, a move expected to be the agency’s first revision of the standards and one that was slammed by environmentalists.

The 2015 rule established minimum national standards for the disposal of coal ash, a byproduct of coal-fired power plants that contains materials such as arsenic and lead.

The EPA said the revision would give flexibility to utility companies and states, which had fought against the standards calling them unduly burdensome, and save $28 million to $31 million per year in regulatory costs.

“Our actions mark a significant departure from the one-size-fits-all policies of the past and save tens of millions of dollars in regulatory costs,” said Andrew Wheeler, the acting head of the agency. Wheeler took over last week after Scott Pruitt, who was facing more than a dozen probes into ethics issues, stepped down.

It was the first rule that Wheeler, a Washington insider who in recent years worked as a lobbyist for coal and other companies, signed in his new position.

Under the new rule, state and EPA officials will be able to suspend groundwater monitoring requirements at coal ash sites if it is determined there is no potential for pollutants to move into certain aquifers. The rule also extends the life of some coal ash ponds from early 2019 to late 2020.

Coal ash is stored at hundreds of power plants throughout the country. Spills in Tennessee and North Carolina leached sludge containing toxic materials into rivers in those states over the last decade.

Environmentalists said the signing of the rule showed that the EPA’s direction of slashing regulations since Republican President Donald Trump took office will not change under Wheeler.

“This indefensible gutting of our nation’s first-ever coal ash pollution control rule cements the shameful environmental legacy of the Trump Administration,” said Lisa Hallowell, a lawyer with the Environmental Integrity Project, a group co-founded by a former director of the agency’s office of civil enforcement.

Revisions to the standards open the door “for weakened monitoring and cleanup standards, which means ... that the public and the environment on which we all depend will be in harm’s way.”

The EPA said on Wednesday it plans to propose other changes to the 2015 coal ash rule later this year.</s>Canonsburg, PA — Today, U.S. Environmental Protection Agency (EPA) Acting Administrator Andrew Wheeler visited Western Pennsylvania to meet with environmental and industry stakeholders. This visit marked Administrator Wheeler’s first state visit since being sworn in as head of EPA.

“Thanks to the success of President Trump’s agenda, including EPA’s regulatory reform efforts, Western Pennsylvania is experiencing an economic revival,” said Acting Administrator Andrew Wheeler. “It’s vitally important that we continue to meet with stakeholders in the states – industry and environmental groups alike – to solicit their input and provide them certainty and clarity with respect to EPA’s actions.”

Administrator Wheeler began his trip in Canonsburg, Penn. where he toured Range Resources, a petroleum and natural gas exploration company, and held a roundtable with company employees. At the roundtable, the Administrator heard firsthand from employees about the importance of maintaining a robust energy presence in the region to help keep energy prices low and stimulate the local economy.

Following his tour of Range Resources, Administrator Wheeler attended a Washington County Chamber of Commerce roundtable hosted by AccuTrex, a local manufacturer that employs over 150 workers. Administrator Wheeler was joined by Washington County Chamber of Commerce President Jeff Kotula, AccuTrex CEO Martin Beichner, and other county business leaders. They discussed a variety of topics, including how EPA can provide more certainty to businesses while promoting positive environmental outcomes.

“Range Resources appreciates Administrator Wheeler and his staff taking time to see the great work our employees and contractors are doing on a daily basis, and we look forward to continually working with the regulatory community to safely develop oil and gas. Range, along with many of our peers, is implementing best-in-class emissions management technologies and practices on our natural gas well sites. Not only is the Marcellus the largest natural gas field in the country, but it is also a leading hub for engineering solutions and technological advancement within the industry, which we were proud to show the Administrator and his team today,” said Range Resources Sr. Vice President of Operations Dennis Degner.

“The Washington County Chamber of Commerce was pleased to host Acting Administrator Wheeler today in Washington County, PA. We had a great discussion with him concerning balancing economic development, job creation and business growth with our continuing responsibilities to the environment. In Washington County, we have been at the forefront of these efforts and were proud to relay our experiences to Mr. Wheeler and look forward to working with him in his new role,” said Washington County Chamber of Commerce President Jeff Kotula.

“We appreciate Acting EPA Administrator Andrew Wheeler visiting our region and seeing firsthand industry’s commitment to employing the latest environmental technologies that ensure the safe production of American natural gas. The Marcellus and Utica Shale formations represent enormous opportunity for our nation’s economic and national security, particularly as it relates to rebuilding our domestic manufacturing base for generations to come, and we are deeply committed to environmental sustainability. Acting administrator Wheeler’s agenda – focused on commonsense policies and smart regulations that encourage the responsible natural gas development – will help ensure that the United States continues to emerge as a dominant global energy leader,” said Marcellus Shale Coalition President David Spigelmyer.

After holding a roundtable with local business leaders, Acting Administrator Wheeler visited the Western Pennsylvania Conservancy in Pittsburgh with President and CEO Tom Saunders and staff to hear about their work to restore and preserve the region’s clean water supply, forests, and wildlife. The focus of the meeting was on the organization’s work throughout the state, particularly in regard to abandoned mine lands and watershed conservation.

“The Western Pennsylvania Conservancy is appreciative of the opportunity to discuss its conservation priorities with the acting administrator during his initial set of stakeholder-outreach meetings. The EPA has been an important conservation partner supporting many Conservancy-related projects over the years, including watershed restoration efforts, abandoned mine drainage work, and habitat studies,” said Western Pennsylvania Conservancy Spokesperson Carmen Bray.

Administrator Wheeler concluded his trip sitting down with the Pittsburgh Post-Gazette Editorial Board and took questions on his vision for the Agency.</s>But environmental groups say the rollback of coal ash storage regulations established by the Obama administration in 2015 could affect drinking water near dozens of sites.

Dalal Aboulhosn, Sierra Club's deputy legislative director for land and water, said legal action was being considered. "We are pouring through the rule change see what our next steps might be," she said

The coal industry petitioned the Trump administration for the roll back, announced by Environmental Protection Agency Acting Administrator Andrew Wheeler — aformer lobbyist for the coal industry.

"It's not like EPA has granted us free pass here," said James Roewer, executive director of the Utility Solid Waste Advisory Group, an industry organization that had pushed for the changes. "It just gives us additional time to operate those facilities and better synch them up" with the upcoming wastewater guidelines.

The EPA states that the relaxed rules will save affected utility companies $28 to $31 million a year in regulatory costs.

"These amendments provide states and utilities much-needed flexibility in the management of coal ash, while ensuring human health and the environment are protected," Wheeler said in a statement. "Our actions mark a significant departure from the one-size-fits-all policies of the past and save tens of millions of dollars in regulatory costs."

The EPA extended the time by 18 months that the industry can use unlined coal ash ponds and groundwater-adjacent sites for dumping. The Obama administration sought to phase out those sites by April 2019.

The unlined ponds are considered by environmentalists to be the worst offenders for polluting groundwater that sometimes is tapped for drinking.

"The Trump administration is turing a blind eye to damage done to our drinking water," said Lisa Evans, senior counsel for environmental group Earthjustice. "This is aimed at saving industry money instead of protecting the public."

Testing standards for the amount of lead, cobalt, lithium and molybdenum in adjacent waters were also weakened under the rule change.

Coal ash is often doused with water for quick cooling and dumping, but the sludge is highly toxic and can seep into aquifers. It can include arsenic, lead, mercury and chromium, experts say.

The EPA states there are 663 active ponds serving 321 plants and 286 active coal landfills serving 204 power plants. There are 111 additional "inactive ponds" that no longer accept waste.

About a half dozen of the ponds are Superfunds sites, Evans said; several others are equivalently polluted but are permitted because they're in active use. The states most affected by the regulation change include Texas, Michigan, Ohio, West Virginia, Tennessee, Illinois, Kentucky, Indiana and New Mexico, she said.

The roll back marks the first major policy initiative by Wheeler, who has temporarily replaced Scott Pruitt following the later's July 5 resignation over his lavish spending.

The original, Obama-era coal ash regulations, adopted in 2015, came in response to a massive 2008 coal ash spill in Kingston, Tennessee. A containment dike burst at a Tennessee Valley Authority power plant and released 5.4 million cubic yards of ash. The accident dumped waste into two nearby rivers, destroyed homes and brought national attention to the issue.</s>The Trump administration announced Wednesday that it is relaxing rules for the disposal of spent coal used to fuel hundreds of power plants nationwide.

But environmental groups say the rollback of coal ash storage regulations established by the Obama administration in 2015 could affect drinking water near dozens of sites.

Dalal Aboulhosn, Sierra Club’s deputy legislative director for land and water, said legal action was being considered. "We are pouring through the rule change see what our next steps might be," she said

The coal industry petitioned the Trump administration for the roll back, announced by Environmental Protection Agency Acting Administrator Andrew Wheeler — a former lobbyist for the coal industry.

"It's not like EPA has granted us free pass here," said James Roewer, executive director of the Utility Solid Waste Advisory Group, an industry organization that had pushed for the changes. "It just gives us additional time to operate those facilities and better synch them up" with the upcoming wastewater guidelines.

The EPA states that the relaxed rules will save affected utility companies $28 to $31 million a year in regulatory costs.

"These amendments provide states and utilities much-needed flexibility in the management of coal ash, while ensuring human health and the environment are protected," Wheeler said in a statement. "Our actions mark a significant departure from the one-size-fits-all policies of the past and save tens of millions of dollars in regulatory costs."

The EPA extended the time by 18 months that the industry can use unlined coal ash ponds and groundwater-adjacent sites for dumping. The Obama administration sought to phase out those sites by April 2019.

The unlined ponds are considered by environmentalists to be the worst offenders for polluting groundwater that sometimes is tapped for drinking.

"The Trump administration is turing a blind eye to damage done to our drinking water," said Lisa Evans, senior counsel for environmental group Earthjustice. "This is aimed at saving industry money instead of protecting the public."</s>The Trump administration is easing rules for handling toxic coal ash from more than 400 coal-fired power plants across the U.S. after utilities objected to regulations adopted under former President Barack Obama.

Environmental Protection Agency acting Administrator Andrew Wheeler said Wednesday the changes will save utilities roughly $30 million annually.

Documents show most savings come from extending by 18 months the deadline for utilities to close ash dumps that don't meet water protection standards.

The EPA also is giving state regulators the power to suspend water monitoring requirements for the dumps.

The original Obama-era rule came in response to a massive 2008 coal ash spill in Kingston, Tennessee.

Environmentalists say the administration has caved to the industry's wishes and is endangering the health of people living near power plants.</s>FILE - In this Nov. 8, 2012 file photo, TVA contract workers remove coal ash from the edge of the Emory River next to the Kingston Fossil Plant in Kingston, Tenn. as part of the cleanup from a December 2008 spill. The Trump administration is easing rules for handling toxic coal ash from more than 400 coal-fired power plants across the U.S. after utilities objected to regulations adopted under former President Barack Obama. Environmental Protection Agency acting Administrator Andrew Wheeler said Wednesday, July 18, 2018, the changes will save utilities roughly $30 million annually. (Michael Patrick/Knoxville News Sentinel via AP, File) less

FILE - In this Nov. 8, 2012 file photo, TVA contract workers remove coal ash from the edge of the Emory River next to the Kingston Fossil Plant in Kingston, Tenn. as part of the cleanup from a December 2008 ... more

FILE - In this May 1, 2018 file photo, the Richmond city skyline can be seen on the horizon behind the coal ash ponds along the James River near Dominion Energy's Chesterfield Power Station in Chester, Va. The Trump administration is easing rules for handling toxic coal ash from more than 400 coal-fired power plants across the U.S. after utilities objected to regulations adopted under former President Barack Obama. Environmental Protection Agency acting Administrator Andrew Wheeler said Wednesday, July 18, 2018, the changes will save utilities roughly $30 million annually. less

FILE - In this May 1, 2018 file photo, the Richmond city skyline can be seen on the horizon behind the coal ash ponds along the James River near Dominion Energy's Chesterfield Power Station in Chester, Va. The ... more

DENVER (AP) — The Trump administration on Wednesday eased rules for handling toxic coal ash from more than 400 U.S. coal-fired power plants after utilities pushed back against regulations adopted under former President Barack Obama.

Environmental Protection Agency acting Administrator Andrew Wheeler said the changes would save utilities roughly $30 million annually.

The move represents the latest action by Trump's EPA to boost the struggling coal industry by rolling back environmental and public health protections enacted under his predecessor.

It pushes back the deadline to close problematic ash dumps and gives state regulators flexibility in how they deal with the massive waste piles that result from burning coal for electricity.

Environmentalists argued the administration is endangering the health of people living near power plants and ash storage sites, while industry representatives welcomed the announcement.

U.S. coal plants produce about 100 million tons annually of ash and other waste, much of which ends up in unlined disposal ponds prone to leak. Some have been in use for decades.

Data released by utilities in March under an EPA mandate showed widespread evidence of groundwater contamination at coal plants. Heightened levels of pollutants — including arsenic and radium in some cases — were documented at plants in numerous states, from Virginia to Alaska.

EPA documents show most savings for utilities from the new rules will come from extending by 18 months the deadline to close ash dumps that don't meet water protection standards. The new deadline is Oct. 31, 2020.

The utility industry said the changes give "regulatory certainty" for ash dump operators. That's in part because it aligns the closure requirements with upcoming guidelines limiting the levels of toxic metals in wastewater discharged from power plants.

The changes also give state regulators the power to suspend monitoring requirements for dumps that don't meet water quality standards.

"It's not like EPA has granted us free pass here. It just gives us additional time to operate those facilities and better synch them up" with the upcoming wastewater guidelines, said James Roewer, executive director of the Utility Solid Waste Advisory Group, an industry organization that had pushed for the changes.

The original, Obama-era rule, adopted in 2015, came in response to a massive 2008 coal ash spill in Kingston, Tennessee. A containment dike burst at a Tennessee Valley Authority power plant and released 5.4 million cubic yards of ash.

The accident dumped waste into two nearby rivers, destroyed homes and brought national attention to the issue.

Attorney Larissa Liebmann with the Waterkeeper Alliance said the costs saved by utilities won't simply go away. Instead, she said, they'll be borne by communities that are forced to deal with contaminated water.

"We think it's fundamentally unfair, Liebmann said. "The rules that were created in 2015 were already very much to the bare minimum."</s>DENVER — The Trump administration on Wednesday eased rules for handling toxic coal ash from more than 400 U.S. coal-fired power plants after utilities pushed back against regulations adopted under former President Barack Obama.

Environmental Protection Agency acting Administrator Andrew Wheeler said the changes would save utilities roughly $30 million annually.

The move represents the latest action by Trump’s EPA to boost the struggling coal industry by rolling back environmental and public health protections enacted under his predecessor.

It pushes back the deadline to close problematic ash dumps and gives state regulators flexibility in how they deal with the massive waste piles that result from burning coal for electricity.

Environmentalists argued the administration is endangering the health of people living near power plants and ash storage sites, while industry representatives welcomed the announcement.

U.S. coal plants produce about 100 million tons annually of ash and other waste, much of which ends up in unlined disposal ponds prone to leak. Some have been in use for decades.



 FILE - In this Nov. 8, 2012 file photo, TVA contract workers remove coal ash from the edge of the Emory River next to the Kingston Fossil Plant in Kingston, Tenn. as part of the cleanup from a December 2008 spill. The Trump administration is easing rules for handling toxic coal ash from more than 400 coal-fired power plants across the U.S. after utilities objected to regulations adopted under former President Barack Obama. Environmental Protection Agency acting Administrator Andrew Wheeler said Wednesday, July 18, 2018, the changes will save utilities roughly $30 million annually. (Michael Patrick/Knoxville News Sentinel via AP, File) (Associated Press)

Data released by utilities in March under an EPA mandate showed widespread evidence of groundwater contamination at coal plants. Heightened levels of pollutants — including arsenic and radium in some cases — were documented at plants in numerous states, from Virginia to Alaska.

EPA documents show most savings for utilities from the new rules will come from extending by 18 months the deadline to close ash dumps that don’t meet water protection standards. The new deadline is Oct. 31, 2020.

The utility industry said the changes give “regulatory certainty” for ash dump operators. That’s in part because it aligns the closure requirements with upcoming guidelines limiting the levels of toxic metals in wastewater discharged from power plants.

The changes also give state regulators the power to suspend monitoring requirements for dumps that don’t meet water quality standards.

“It’s not like EPA has granted us free pass here. It just gives us additional time to operate those facilities and better synch them up” with the upcoming wastewater guidelines, said James Roewer, executive director of the Utility Solid Waste Advisory Group, an industry organization that had pushed for the changes.

The original, Obama-era rule, adopted in 2015, came in response to a massive 2008 coal ash spill in Kingston, Tennessee. A containment dike burst at a Tennessee Valley Authority power plant and released 5.4 million cubic yards of ash.

The accident dumped waste into two nearby rivers, destroyed homes and brought national attention to the issue.

Attorney Larissa Liebmann with the Waterkeeper Alliance said the costs saved by utilities won’t simply go away. Instead, she said, they’ll be borne by communities that are forced to deal with contaminated water.

“We think it’s fundamentally unfair, Liebmann said. “The rules that were created in 2015 were already very much to the bare minimum.”

Copyright 2018 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.</s>DENVER — The Trump administration on Wednesday eased rules for handling toxic coal ash from more than 400 U.S. coal-fired power plants after utilities pushed back against regulations adopted under former President Barack Obama.

Environmental Protection Agency acting Administrator Andrew Wheeler said the changes would save utilities roughly $30 million annually.

The move represents the latest action by Trump’s EPA to boost the struggling coal industry by rolling back environmental and public health protections enacted under his predecessor.

It pushes back the deadline to close problematic ash dumps and gives state regulators flexibility in how they deal with the massive waste piles that result from burning coal for electricity.

Wheeler, a former coal industry lobbyist, signed the order a week after taking the helm of the agency following the resignation of former administrator Scott Pruitt amid ethics investigations.

Environmentalists argue the administration is endangering the health of people living near power plants and ash storage sites, while industry representatives welcomed the announcement.

U.S. coal plants produce about 100 million tons annually of ash and other waste, much of which ends up in unlined disposal ponds prone to leak. Some have been in use for decades.

Data released by utilities in March under an EPA mandate showed widespread evidence of groundwater contamination at coal plants. Heightened levels of pollutants — including arsenic and radium in some cases — were documented at plants in numerous states, from Virginia to Alaska.

EPA documents show most savings for utilities from the new rules will come from extending by 18 months the deadline to close ash dumps that don’t meet water protection standards. The new deadline is Oct. 31, 2020.

The utility industry said the changes give “regulatory certainty” for ash dump operators. That’s in part because it aligns the closure requirements with upcoming guidelines limiting the levels of toxic metals in wastewater discharged from power plants.

The changes also give state regulators the power to suspend monitoring requirements for dumps that don’t meet water quality standards.

“It’s not like EPA has granted us free pass here. It just gives us additional time to operate those facilities and better synch them up” with the upcoming wastewater guidelines, said James Roewer, executive director of the Utility Solid Waste Advisory Group, an industry organization that had pushed for the changes.

The original, Obama-era rule, adopted in 2015, came in response to a massive 2008 coal ash spill in Kingston, Tennessee. A containment dike burst at a Tennessee Valley Authority power plant and released 5.4 million cubic yards of ash.

The accident dumped waste into two nearby rivers, destroyed homes and brought national attention to the issue.

Attorney Larissa Liebmann with the Waterkeeper Alliance said the costs saved by utilities won’t simply go away. Instead, she said, they’ll be borne by communities that are forced to deal with contaminated water.

“We think it’s fundamentally unfair, Liebmann said. “The rules that were created in 2015 were already very much to the bare minimum.”</s>Our boy Andrew Wheeler has wasted no time during his takeover at the Environmental Protection Agency. Scott Pruitt may be out, but that doesn’t mean propping up the fossil fuel industry is. First on Acting Administrator Wheeler’s checklist? Easing restrictions on coal ash.

Coal ash is what’s left behind after a power plant is done burning the coal itself. In 2015, former President Barack Obama put out a rule to help regulate it. A final version of the Disposal of Coal Combustion Residuals From Electric Utilities rule, aka the CCR rule, took effect in 2016, but once President Donald Trump took office, coal ash companies began petitioning the EPA to do away with it. Now, they’ve scored $28-31 million in savings through a revision that removes key elements of the rule that helped protect communities.

Per the Washington Post, Wheeler’s EPA has revised the Obama rule to extend the life of some existing coal ash ponds (where coal ash is mixed with water and stored) from April 2019 to October 2020, give states more power over deciding whether a facility is meeting the federal standard, and suspend some requirements on groundwater monitoring.

“Our actions mark a significant departure from the one-size-fits-all policies of the past and save tens of millions of dollars in regulatory costs,” said Wheeler, in a press release announcing the revision on Wednesday.

It’s true the Obama-era rule cost industry more money. But that’s because it put basic safeguards in place to keep people safe from their waste. Coal ash can contain heavy metals like lead, arsenic, mercury, and boron—all of which can leach into the groundwater if not stored properly after removed from a power plant. If people inhale or drink this stuff, they can suffer from cancer, heart damage, and kidney disease (among other things). It’s no secret that communities of color and low-income families bear a disproportionate burden from this.

After analyzing industry data on coal ash earlier this year, environmental groups found groundwater contamination throughout Oklahoma—the same state Pruitt approved just last month to regulate its own coal ash. And Oklahoma’s not alone: In Puerto Rico, a study in March uncovered that a major coal ash dump was contaminating groundwater in Guayama. The rollback of this rule will impact people there, too.

“[This rollback] is a menace to public health,” said Ruth Santiago, an attorney with the Environmental Dialogue Committee in Puerto Rico who lives in the area, to Earther. “It’s certainly a huge concern for communities like Guayama and Salinas who have all this exposure to the coal combustion, this waste.”

Wheeler’s sign-off on the revision shouldn’t come as a surprise: The man is a former coal lobbyist, after all. This is just his first move, which the EPA has dubbed “Phase One, Part One.” What’ll Phase Two hold?

Santiago back in Puerto Rico isn’t sure, but she and her colleagues are working diligently to prepare a response. People’s lives are depending on it.
Environmental Protection Agency Acting Administrator Andrew R. Wheeler announces coal-burning power plants may dispose of fly ash in unlined ponds for another 18 months beyond a previously-set April 2019 deadline. Testing standards for hazardous elements in adjacent waters are also weakened. While the move would theoretically save an estimated $28-31 million annually in regulatory costs, there are concerns drinking water could be affected.