In a continuing push to reform the coal industry, President Donald Trump’s administration recently renewed efforts to ease cleanup requirements for the toxic ash left when coal is burned.
Conservation groups say the measures could increase the risk of increased groundwater contamination. But in Virginia, state law strictly regulates how coal ash cleanup is managed at specific sites.
Proposed changes to federal regulations
Earlier this month, the Environmental Protection Agency proposed changes Regarding the disposal of coal combustion residues (CCR), also known as coal ash, which contain toxic heavy metals such as mercury, lead, and arsenic. The announcement of the proposed rule amendments initiated a public comment period before the final rule was finalized.
Coal ash disposal regulations to prevent groundwater contamination were first passed in 2015 under former President Barack Obama’s administration and then strengthened in 2024 under former President Joe Biden.
Newly proposed changes would allow states and utility regulators to waive some national standards for handling coal ash.
“Specifically, these provisions would allow permitting authorities to make site-specific determinations regarding appropriate compliance standards for groundwater monitoring systems (and) site-specific cleanup levels during component corrective actions in the absence of federal maximum contamination levels,” the proposal reads.
Sen. Tim Kaine, D-Virginia, opposed the change, saying it would weaken health protections for residents.
““EPA’s recent proposal to exempt companies from on-site contamination with carcinogenic coal ash is one of countless steps this administration has taken to roll back environmental regulations designed to keep Americans safe,” Kaine said in a statement.
Under the proposed regulatory changes, more ash could remain submerged in water near rivers and lakes where plants often live, which could lead to groundwater contamination, environmental groups warned.
“Putting policy in the hands of coal-fired power producers has been a disaster for communities across the South, resulting in coal ash spills and hundreds of families forced to live on bottled water for years under the threat of coal ash contamination,” said Nick Torrey, principal attorney at the Southern Environmental Law Center.
What disaster was Tory referring to? Coal ash spill accident in North Carolina in 2014 It comes from a Duke Energy plant that sent millions of gallons of contaminated wastewater into the Dan River. The disaster affected water intake miles away in Virginia Beach.
The proposed changes would also ease recycling requirements for ash for cement manufacturing, flue gas desulfurization gypsum for agriculture, and wallboard.
EPA Administrator Lee Zeldin said these are “common sense changes” that reflect “a commitment to restoring America’s energy advantage.”
Coal Management in Virginia
Although most of the commonwealth’s coal-fired power plants have been retired or converted to natural gas power plants, two plants still burn coal and are managed by Dominion Energy.
Virginia has its own regulations regarding coal ash disposal management, including a 2019 law that mandates certain cleanups of CCR at four of Dominion’s former coal-burning facilities: Bremo Bluff, Chesapeake Energy Center, Chesterfield Generating Station, and Possum Point.
The law required Dominion to remove the ash and either recycle it or place it in a lined landfill. This will allow the company to recover costs from customers through approval from the National Enterprise Commission.
recent dominion petitioned the committee Authorizes a 53 cent increase in monthly bills to cover the ongoing costs of cleaning the CCR and managing ash pond water treatment.
As part of the Virginia Clean Economy Act, coal-fired and gas power plants must be retired by 2050, unless reliability needs warrant an extension.
Asked if the proposed new federal regulations would affect Virginia operations, a spokesperson for the Virginia Department of Environmental Quality said Virginia already has more stringent requirements.
“The Waste Management Act requires the removal and closure of certain CCR facilities in the Chesapeake Bay watershed and Giles County, which means CCR must be excavated, removed and placed in lined modern landfills or recycled through encapsulated beneficial use,” a DEQ spokesperson said. “The legislation also includes additional requirements related to transportation, public water connections or private water testing, and continued efforts to recycle CCR.”
State law also requires biennial progress reports on CCR cleanup in the Chesapeake watershed.
The last report in 2024 indicates that approximately 1,645,698 cubic yards of coal ash were removed from the Chesterfield Power Plant site and approximately 123,812 cubic yards of coal ash from the Chesterfield Power Plant was sent off-site for reuse.
The next progress report is scheduled for October 2026.
What happens next with federal regulations?
EPA is accepting public comments until June 12th. An EPA-sponsored virtual public hearing on the proposed changes will also be held on May 28th.
These steps will allow authorities to finalize and implement the rule changes, but it is unclear when that will happen.
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