September 15, 2025

Duckworth, Durbin, Van Hollen, Booker, Blumenthal Slam Epa Administrator for Proposal to Push Back Deadline to Monitor Toxic Coal Ash Sites

In their letter, the lawmakers called on EPA to preserve existing regulations that protect Americans’ health and the environment

 

[WASHINGTON, D.C.] – U.S. Senators Tammy Duckworth (D-IL), U.S. Senate Democratic Whip Dick Durbin (D-IL), Chris Van Hollen (D-MD), Cory Booker (D-NJ) and Richard Blumenthal (D-CT) today sent a letter to Environmental Protection Agency (EPA) Administrator Lee Zeldin calling on the agency to preserve existing regulations covering the disposal of coal combustion residuals (CCR), more commonly known as “coal ash,” and further urged the agency to abandon its proposal to extend the deadline for CCR management unit (CCRMU) groundwater monitoring.  

“We urge the U.S. Environmental Protection Agency (EPA) to preserve its 2024 regulations covering the disposal of coal combustion residuals (CCR) or ‘coal ash’ and to not pursue its proposal to extend the deadline for CCR management unit (CCRMU) groundwater monitoring. Considering that EPA’s stated mission is to ‘protect human health and the environment’—which we support—we oppose any actions that would undermine this mission and lead to exposing humans to toxins, contaminating the environment, and contributing to higher electricity and water bills,” the lawmakers wrote.

In 2024, EPA expanded its coal ash standards to retired coal combustion residual (CCR) impoundments, known as “legacy CCR impoundments.” The rule also covered CCRMUs, areas in which CCR was disposed outside of regulated impoundments, which have been found to contribute to groundwater contamination. The rule established groundwater monitoring, corrective action, closure and post closure care requirements for these areas. Facilities were given compliance deadlines based on projected timelines necessary to comply up until August 2027. 

In July 2025, as part of the Trump Administration’s “pro-coal” deregulatory agenda, EPA announced that it would allow extensions for CCRMU owners and operators to comply with groundwater monitoring requirements until August 2029, which is two years beyond the Biden-era deadline of August 2027. This dangerous deadline extension would allow toxins from CCRMUs to continue leaching into groundwater without proper oversight from the federal government.

In their letter, the lawmakers emphasized that allowing coal waste to be disposed improperly can lead to life-threatening ailments for residents living near these disposal sites. Further, the 2024 rule reduced cancer and cardiovascular mortality risk while also cutting the cost of treating public drinking water contaminated by CCR. If the Trump Administration follows through with its plans to extend the deadline for CCRMU groundwater monitoring, Americans will be unnecessarily exposed to toxins that threaten their health and the delayed remediation of coal ash sites will cost millions more in taxpayer dollars.

“Coal waste, including CCR, contains dangerous pollutants that can remain in the environment for years and are linked to cancer, heart damage, lung disease, kidney disease, and birth defects, and may even lead to premature death. Nationwide, more than two gigatons of coal ash are stored in hundreds of impoundments that could fail, and risk dumping coal ash and its contaminants into water sources, including surface water and groundwater,” the lawmakers wrote.

“Active and legacy CCR surface impoundments and CCRMUs must be responsibly regulated and managed to mitigate threats to communities, waterways, and drinking water. Unfortunately, EPA is proposing to lower these standards, including a proposed extension for compliance with CCRMU groundwater monitoring until August 2029. This increases the risk that drinking water sources will be polluted by hazardous contaminants like mercury and arsenic. We also are concerned that without robust regulations, communities will lack access to information to protect themselves from toxins,” the lawmakers continued.

“The economic benefits of the 2024 rule, including reduced cancer risk and avoided losses due to intellectual disability from consuming these toxins, were estimated to reach up to $80 million per year. EPA also found that its 2024 rule would reduce cardiovascular mortality and adverse neurological effects, as well as reduce costs associated with treating public drinking water contaminated by CCR and environmental restoration following CCR spills. When appropriately managed, land contaminated with CCR can be remediated and redeveloped, which contributes to increased property values,” the lawmakers wrote.

The lawmakers concluded their letter by appealing to the President’s mission to ‘Make America Healthy Again,’ reminding Administrator Zeldin that environmental protections are critical to preserving public health.

“Rolling back environmental protections, particularly when known threats to human health are present, do nothing to support EPA’s mission of protecting human health and the environment or this administration’s goal to ‘Make America Healthy Again.’ The proper management of coal ash is necessary to protect our air, land, and water. We strongly urge you to uphold the stronger protective standards outlined in EPA’s 2024 rule,” the lawmakers concluded their letter.

Illinois legacy units covered by the rule are at Crawford Generating Station (Chicago), Fisk Street Generating Station (Chicago), Hutsonville Power Station, Meredosia Power Plant, Venice Power Plant and Vermillion Power Station. Illinois CCRMUs are at Baldwin Energy Complex, Coffeen Power Plant, Crawford Generating Station (Chicago), Hennepin Power Station, Joliet 29, Joppa Power Plant, Lincoln Generating Facility (Manhattan), Powerton (Pekin), Newton Power Plant, Waukegan Generating Station and Will County Station (Romeoville).  

A copy of the letter is available here and below:

September 15, 2025

Dear Administrator Zeldin:

We urge the U.S. Environmental Protection Agency (EPA) to preserve its 2024 regulations covering the disposal of coal combustion residuals (CCR) or “coal ash” and to not pursue its proposal to extend the deadline for CCR management unit (CCRMU) groundwater monitoring. Considering that EPA’s stated mission is to “protect human health and the environment”—which we support—we oppose any actions that would undermine this mission and lead to exposing humans to toxins, contaminating the environment, and contributing to higher electricity and water bills.

Coal waste, including CCR, contains dangerous pollutants that can remain in the environment for years and are linked to cancer, heart damage, lung disease, kidney disease, and birth defects, and may even lead to premature death. Nationwide, more than two gigatons of coal ash are stored in hundreds of impoundments that could fail, and risk dumping coal ash and its contaminants into water sources, including surface water and groundwater. In 2024, EPA updated the CCR rule at the direction of a 2018 order by the U.S. Court of Appeals for the District of Columbia Circuit (Utility Solid Waste Activities Group, et al v. EPA), which required EPA to regulate inactive surface impoundments at inactive electric utilities, known as “legacy CCR surface impoundments.” EPA’s 2024 rule also regulates dump sites at CCR facilities in which CCR was disposed of or managed on land outside of regulated units, known as CCRMUs.

Active and legacy CCR surface impoundments and CCRMUs must be responsibly regulated and managed to mitigate threats to communities, waterways, and drinking water. Unfortunately, EPA is proposing to lower these standards, including a proposed extension for compliance with CCRMU groundwater monitoring until August 2029. This increases the risk that drinking water sources will be polluted by hazardous contaminants like mercury and arsenic. We also are concerned that without robust regulations, communities will lack access to information to protect themselves from toxins.

In 2024, EPA determined that the costs associated with cleaning up legacy CCR surface impoundments and CCRMUs would impact regional electricity prices by less than one percent. The economic benefits of the 2024 rule, including reduced cancer risk and avoided losses due to intellectual disability from consuming these toxins, were estimated to reach up to $80 million per year. EPA also found that its 2024 rule would reduce cardiovascular mortality and adverse neurological effects, as well as reduce costs associated with treating public drinking water contaminated by CCR and environmental restoration following CCR spills. When appropriately managed, land contaminated with CCR can be remediated and redeveloped, which contributes to increased property values.

Rolling back environmental protections, particularly when known threats to human health are present, do nothing to support EPA’s mission of protecting human health and the environment or this administration’s goal to “Make America Healthy Again.” The proper management of coal ash is necessary to protect our air, land, and water. We strongly urge you to uphold the stronger protective standards outlined in EPA’s 2024 rule. Thank you for your attention to this important matter.

Sincerely,

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