FOR IMMEDIATE RELEASE
Media Contacts
[email protected]
410-576-7009
BALTIMORE, MD – Attorney General Anthony G. Brown joined a coalition of attorneys general in opposing two U.S. Environmental Protection Agency (EPA) proposals to weaken or rescind important regulations on coal ash, a toxic waste that is left over after burning coal at power plants.
Coal ash, also referred to as coal combustion residuals, contains dangerous chemicals, including lead, arsenic and mercury. These chemicals pose numerous dangers to human health, including cancer, cardiovascular effects and neurological effects. Despite these serious health risks, coal ash was for years stored in unlined, manmade ponds where hazardous chemicals would leak into surrounding waters.
In 2024, the EPA adopted regulations for ash ponds at inactive power plants and other previously unregulated sites called coal combustion residuals management units. The Trump administration recently proposed a new rule that would relax requirements for legacy ash ponds and entirely exempt management units from federal regulation.
In their comment letter submitted today to the EPA, Attorney General Brown and a coalition of attorneys general call on the agency to preserve strong national standards that protect human health and the environment. The coalition notes that state regulations on coal ash are not uniform, and some states with coal ash ponds or landfills near their borders have weaker regulations, potentially threatening the waters of neighboring states. This is especially important for downstream states like Maryland. They warn that the proposed rule change ignores the environmental risk posed by massive quantities of coal ash and leaves states with the administrative burden of filling the gaps left by federal rules that get rescinded.
The attorneys general argue that the EPA’s proposal violates the Resource Conservation and Recovery Act, which requires the agency to set national criteria for disposal of coal ash that protect public health and the environment.
In addition to today’s comment letter, Attorney General Brown joined a coalition of attorneys general in submitting comments earlier this month opposing another proposed rule change that would rescind regulations protecting water from coal ash contamination.
Toxic metals from coal ash can leak from ash ponds into groundwater and ultimately reach lakes and rivers. In 2024, the EPA adopted regulations under the Clean Water Act requiring coal plants to capture and treat this wastewater, removing toxic components before they can be discharged into rivers and lakes. In their comment letter, the attorneys general note the dangers to public health and the environment posed by this form of pollution.
The letter cites the EPA’s own risk assessment that found living near ash ponds and unlined ash landfills increases the risk of damage to the liver, kidney, lungs and other organs due to exposure to toxic metals like cadmium, cobalt, lead, thallium and other pollutants at concentrations far above levels that are considered safe. The assessment found that risks to infants are particularly acute. The letter also notes that the EPA found that contamination from coal ash can accumulate in fish, and contaminate drinking water with consequences including cancer, cardiovascular disease, neurological disorders, kidney and liver damage, and lowered IQs in children.
The attorneys general argue that the proposed rule change violates the Clean Water Act, which requires the adoption of continually stronger technology standards for reducing toxic pollution that leaks from coal ash impoundments into waterways.
Joining Attorney General Brown in submitting today’s comment letter are the attorneys general of Arizona, Colorado, Delaware, Illinois, Minnesota, New Mexico, and Vermont.
Joining Attorney General Brown in submitting the comment letter earlier this month are the attorneys general of Arizona, Colorado, Delaware, the District of Columbia, Illinois, Michigan, Minnesota, and New Mexico.
###