Congressman Cohen Leads Letter Urging EPA to Abandon Proposals to Weaken Coal Ash Pollution Protective Measures

WASHINGTON - Congressman Steve Cohen (TN-9) today led a letter with Congresswomen Valerie Foushee (NC-4) and Debbie Dingell (MI-6) to Environmental Protection Agency (EPA) Administrator Lee Zeldin urging him to withdraw a proposal to weaken federal safeguards regulating coal ash pollution. The letter has 30 additional Congressional co-signers.

"I have been appalled at this Administration tearing down environmental protections," said Congressman Cohen. "This proposed coal ash rule puts communities near any of the 450 coal ash sites across the country at risk - including Boxtown in Tennessee's Ninth Congressional District and Kingston, Tennessee, which in 2008 experienced the largest coal ash spill and one of the largest environmental disasters in our country's history. We need the existing rules in place to ensure that groundwater remains safe and the soil in yards and playgrounds has not been contaminated with toxic chemicals from coal ash."

The letter reads in part:

"We write regarding the U.S. Environmental Protection Agency's ("EPA") recent regulatory proposal to significantly weaken federal safeguards governing coal combustion residuals (CCR), commonly known as coal ash. We are deeply concerned about the real-world consequences this proposal would have for communities across the country - many of which have already been harmed by coal ash pollution, and urge the Agency to reconsider this approach and prioritize public health over short-term industry interests.

"The current proposal would dismantle key elements of the nation's only enforceable federal framework for managing coal ash. These protections were put in place to address well-documented risks to drinking water, land, and air. Weakening them now risks exposing communities-particularly working class communities and others already facing disproportionate environmental burdens-to a wide range of dangerous contaminants such as arsenic, cobalt, lead, lithium, mercury, and thallium. Exposure to these metals is widely known to substantially impair cognitive function and are toxic to a wide array of physiological processes.

"Coal ash remains one of the largest sources of industrial waste in the United States, and its legacy of contamination is well established. Based on industry's own data, we know that over 90 percent of all coal ash sites are leaking contaminants into groundwater and there is widespread industry non-compliance. Existing CCR standards created baseline requirements for monitoring, closure, and cleanup of unsafe and leaking disposal sites after years of inadequate oversight. Rolling back those standards would not only undo that progress, but also erode public confidence in the federal government's ability to prioritize and enforce basic environmental protections.

"We are especially troubled that the proposal would allow facilities to sidestep cleanup responsibilities and delay action at sites with known contamination. Changes to requirements for unlined and leaking impoundments, combined with reduced federal oversight, would place increased risk on nearby communities and shift responsibility to state agencies that may not have sufficient resources or authority to respond effectively.

"Beyond these concerns, the proposal raises serious legal issues. It is inconsistent with the EPA's obligations under the Resource Conservation and Recovery Act to ensure the safe management of solid waste, safeguard groundwater for future generations, and protect human health and the environment. Moving away from long-standing safeguards not only puts communities at risk, but also creates legal uncertainty that could delay meaningful protections even further.

"We urge the Agency to withdraw this proposal and instead focus on nationwide enforcement of the existing coal ash standards. EPA should prioritize taking necessary enforcement action, as the federal government-and the EPA in particular-has a responsibility to enforce the existing protections to ensure clean water and a safe environment for all. As you know, EPA was established by President Nixon to protect human health and the environment. We hope you will act in full consideration of that mission in mind.

"We appreciate your attention to this matter and look forward to continued engagement to ensure coal ash is managed safely and responsibly."

See the letter here.

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