Three AGs Filed Comments Opposing Weakening of Closure Standards for Coal Ash Impoundments

APRIL 17, 2020

Maryland Attorney General Brian Frosh, Illinois Attorney General Kwame Raoul and Michigan Attorney General Dana Nessel submitted comments to the Environmental Protection Agency (EPA) in response to a proposed rule that would allow many coal ash impoundments—including impoundments with a history of leaking toxic substances into neighboring waterways—to potentially remain open indefinitely. In their comments, the AGs warned that the proposal violates the Resource Conservation and Recovery Act (RCRA) by allowing coal ash to continue to be dumped in unlined and leaking impoundments, and fails to address particularly problematic abandoned coal ash dumps known as “legacy ponds.” The AGs also noted that the proposal would create a carve-out for clay-lined impoundments, in violation of a 2018 decision by the U.S. Court of Appeals for the D.C. Circuit.