Coal ash, remember that big impoundment release, photo above, not all that long ago?

Good grief, it was a DECADE ago, and it’s still a mess.  From the EPA page:

EPA’s response to the TVA coal ash release in Kingston, TN

And another ash impoundment failure, our friends at Duke Energy, from EPA page:

EPA’s response to the Duke Energy coal ash spill in Eden, NC

It’s an issue in Minnesota too:

Who cares?  Well, once a rule is proposed, there’s not much variation, because if there is, then it has to start all over again and go through this process.  This is proposed to “amend” the 2015 final rule, so it can’t be good.  Speak up NOW!  Go to EPA’s and make Comments under Docket ID No. EPA-HQ-OLEM-2017-0286 — open for 45 days after the proposed rule is published in the Federal Register, which is/was when?  Figure it’s published NOW, and just do it.

From the EPA’s site, here’s the rule proposed to gut the 2015 final rule, because gutting regulation, that’s what this administration does:

View a pre-publication version of the proposed rule

And here’s the poop cut and pasted direct from the source:

Proposed Amendments to the National Regulations (Phase One)

On March 1, 2018, EPA Administrator, Scott Pruitt, signed the first of two rules that proposes to amend the April 2015 final rule. The proposal:

  1. Addresses provisions of the final rule that were remanded back to the Agency on June 14, 2016 by the U.S. Court of Appeals for the D.C. Circuit;
  2. Provides states with approved CCR permit programs (or EPA where it is the permitting authority) under the Water Infrastructure Improvements for the Nation (WIIN) Act the ability to set certain alternative performance standards; and
  3. Addresses one additional issue that has arisen since the April 2015 publication of the final rule.

EPA is proposing six provisions that would allow states or EPA the ability to incorporate flexibilities into their coal ash permit programs. These flexibilities would also be available to facilities with U.S. EPA-issued CCR permits.

Additionally, the proposal:

  • Clarifies the type and magnitude of non-groundwater releases that would require a facility to comply with some or all of the corrective action procedures set forth in title 40 of the Code of Federal Regulations (CFR) in sections 257.96 through 257.98 in meeting their obligation to clean up the release.
  • Adds boron to the list of constituents in Appendix IV of 40 CFR part 257 that trigger corrective action.
  • Determines the requirement for proper height of woody and grassy vegetation for slope protection.
  • Revises the current regulations to allow the use of CCR in the construction of final cover systems for CCR units closing pursuant to 40 CFR section 257.101 that are closing with waste-in-place.
  • Adds a new paragraph to 40 CFR section 257.103 to allow facilities to qualify for the alternative closure provisions based on the continued need to manage non-CCR wastestreams in the unit.

EPA will be accepting written comments on this proposal through under Docket ID No. EPA-HQ-OLEM-2017-0286 for 45 days after the proposed rule is published in the Federal Register.

Additionally, EPA will hold a hearing on this proposed rule. Additional information about the hearing will be posted in the docket for this proposal and on this website in the near future.

And more, cut and pasted from EPA:

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