Illinois EPA Solicits Public Input for Coal Ash Rulemaking

The Illinois Environmental Protection Agency (“IEPA”) recently concluded a series of stakeholder meetings, which sought public input on the development of rules related to the mitigation and remediation of coal ash ponds.[1]  Coal combustion residual surface impoundments, commonly known as “coal ash ponds,” are repositories for the potentially harmful byproducts of coal-powered electric generation facilities.[2]

A 2018 report compiled by EarthJustice, Prairie Rivers Network, Environmental Integrity Project, and the Sierra Club found that 22 out of 24 coal ash ponds in Illinois release toxic pollutants (including arsenic, cobalt, and lithium) into the groundwater.[3]  In the wake of these findings, Illinois governor JB Pritzker signed the Coal Ash Pollution Prevention Act (the “Act”) into law in July 2019.[4]  The Act prohibits the discharge of coal ash into the environment and establishes a regulatory framework designed to ensure industry compliance.[5]  The Act provides guidelines for the construction, operation, and closure of all Illinois coal ash plants currently in operation. The guidelines also set forth the requirements for monitoring contamination levels and any future on-site remediation.

The IEPA hosted its final stakeholder meeting on October 9, 2019 in Waukegan, Illinois. The next step for the Agency is to consolidate the feedback, and draft a rule for public comment.  The IEPA anticipates publishing the draft rule in November or December 2019.  A final version of the rule must be submitted for approval to the Illinois Pollution Control Board by March 30, 2020.[8]

[1] Alex Ortiz, Illinois EPA to host meeting on coal ash pollution in Joliet, The Herald-News (Oct. 5, 2019), available at https://www.theherald-news.com/2019/10/03/illinois-epa-to-host-meeting-on-coal-ash-pollution-in-joliet/aoppp1p/.

[2] Coal Combustion Residual Surface Impoundments, Illinois Environmental Protection Agency, https://www2.illinois.gov/epa/topics/water-quality/watershed-management/ccr-surface-impoundments/Pages/default.aspx (last visited Oct. 25, 2019).

[3] Earthjustice, Prairie Rivers Network, Environmental Integrity Project & Sierra Club, Cap and Run: Toxic Coal Ash Left Behind by Big Polluters Threatens Illinois Water (Nov. 27, 2018), available at https://earthjustice.org/news/press/2018/new-report-reveals-severe-groundwater-contamination-at-illinois-coal-ash-dumps.

[4] Alex Ruppenthal, Illinois Becomes Latest State to Crack Down on Coal Ash Pollution (July 31, 2019), available at https://news.wttw.com/2019/07/31/illinois-becomes-latest-state-crack-down-coal-ash-pollution.

[5] See 415 ILCS 5/22.59 (2019).

[6] See 40 C.F.R. § 257, Subpart D (2019).

[7] Coal Combustion Residual Surface Impoundments, Illinois Environmental Protection Agency,  https://www2.illinois.gov/epa/topics/water-quality/watershed-management/ccr-surface-impoundments/Pages/default.aspx (last visited Oct. 25, 2019).

[8] Id.