Earthjustice, a non-profit public interest law firm dedicated to environmental protection, and Appalachian Mountain Advocates, a non-profit environmental law and policy organization, recently released a new study, "State of Failure: How States Fail to Protect Our Health and Drinking Water From Toxic Coal Ash," a comprehensive study of state regulations in 37 states. The study highlights the lack of state-based regulations for coal ash disposal and points to the 12 worst states when it comes to coal ash dumping: Alabama, Georgia, Illinois, Indiana, Kentucky, Missouri, North Carolina, Ohio, South Carolina, Tennessee, Texas, South Carolina and Virginia.
There are currently nearly 700 coal ash ponds and hundreds of coal ash landfills in the U.S. The study finds that most states do not require coal ash disposal sites to employ appropriate safeguards. Of the 37 states examined:
- Only 3 states require composite liners for all new coal ash ponds;
- Only 5 states require composite liners for all new coal ash landfills;
- Only 2 states require groundwater monitoring of all coal ash ponds;
- Only 4 states require groundwater monitoring of all coal ash landfills;
- Only 6 states prohibit siting of coal ash ponds into the water table;
- Only 17 states require regulatory inspections of the structural integrity of coal ash ponds.
The EPA is currently considering a federal proposal to regulate coal ash that includes two options: the first option would classify coal ash as hazardous waste, requiring water quality monitoring, liners and the phase out of dangerous "wet" storage of coal ash, such as the pond that collapsed in Kingston, Tennessee in 2008. The second option would continue to allow states to regulate coal ash with appropriate safeguards in place.
How best to manage coal ash remains an ongoing controversy with environmental groups and utility industry representatives at conflict over how EPA should regulate these waste materials. Industry trade groups continue to work with interested parties to ensure that any coal ash reforms ensure the best possible reuse and recycling efforts continue in addition to appropriate waste management practices.