The Environmental Protection Agency has finalized a rule to close a significant loophole in coal ash disposal regulations.

The Coal Combustion Residuals Rule targets millions of tons of toxic coal ash previously exempt from federal oversight, including the 19 legacy coal ash ponds and landfills in Georgia. For decades, utilities have disposed of coal ash by dumping it in unlined ponds and landfills where the toxins leak into groundwater.

Dori Jaffe, managing attorney for the Environmental Law Program at the Sierra Club, hailed the EPA's decision as a significant victory for communities impacted by coal ash pollution.

"They now will also have to comply with certain requirements regarding groundwater monitoring, corrective action, closure and post-closure care of those units," Jaffe explained.

The rule comes as part of a comprehensive effort by the EPA to tackle pollution from power plants. Alongside the new rule, the agency announced three other regulations aimed at reducing carbon emissions, wastewater pollution and toxic air pollutants from coal- and oil-fired power plants.

According to the EPA, coal ash is a byproduct of coal-fired power plants with a hazardous mix of pollutants and carcinogens. The pollutants found in coal ash are linked to myriad health conditions from cancer to reproductive failure, and pose grave risks to both human and environmental health.

Jaffe underscored the significance of the regulations in holding utilities accountable and pushing for cleaner energy solutions.

"There have been some concerns in the past regarding how EPA is issuing those permits because they are allowing coal ash ponds to be closed in place where the coal ash continues to be saturated with groundwater," Jaffe pointed out. "Which means it's still going to be able to leave that pond, go out into the groundwater and contaminate potentially public water supply sources."

She emphasized Georgia's Environmental Protection Division will not be able to issue permits for closure plans regarding the coal ash ponds but will have to seek permission from the EPA.

Moving forward, Jaffe is concerned about how the rules will be implemented. However, she added it is a great step in protecting communities and the environment from the harmful effects of coal ash.

Environmental groups say Oregon's new groundwater law, meant to curb pollution, has been diluted to the point they can no longer support it.

Industrial agriculture has contaminated parts of Eastern Oregon's groundwater with nitrates from fertilizers and manure, putting residents, many of whom rely on wells for drinking water, at risk.

Kaleb Lay, director of policy and research for the group Oregon Rural Action, said earlier bill versions would have protected residents and held polluters accountable.

"Unfortunately, as the legislative session went on, we saw industry groups and big ag groups get more and more heavily involved," Lay pointed out. "We really saw the governor concede many of the really important points in this bill."

Nitrates are increasingly linked to cancer, miscarriages and birth defects. Gov. Tina Kotek said the new bill gives state agencies more authority to intervene in Oregon's contaminated groundwater areas.

Jim Klipfel moved to Boardman six years ago and discovered his well was contaminated with nitrates after a neighbor warned him not to drink from the hose. Now, he relies on delivered water as officials work on connecting residents to city water. He said there are more stories of illness in the community than average.

"Scientifically, yes, I know this can't be 100% tied to the nitrates, but it's a pretty huge freaking coincidence," Klipfel contended. "People getting cancer, people having miscarriages, people losing farm animals, horses, cows."

A 39-page amendment to the bill removed key pollution control measures, Lay explained, including a mandate for agencies to review and tighten groundwater pollution permits. He argued the industry has too much influence over the law.

"We need to shift that power back where it belongs," Lay stressed. "That is, to the people who are on the front lines of their pollution. It's to the rural working class, low-income residents."

A report from January showed nitrate levels continued to rise across the Lower Umatilla Basin Groundwater Management Area in Morrow and Umatilla counties. About 40% of tested wells exceeded safe drinking water limits.


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Sometimes called the original "ecosystem engineers," beavers and the techniques they use are guiding conservationists in New Mexico to protect scarce water resources.

Defenders of Wildlife is working with a team to install human-made "beaver dam analogs" along two tributaries of the Upper Rio Grande.

Peggy Darr, New Mexico representative for the advocacy group, said like beaver dams, analogs cause water to pond, allowing surrounding soils to soak up moisture during high flows, which restores habitat and encourages beavers to move in.

"The reason that we want to have as many beavers as the systems can hold is because they help keep rivers running year-round, they help to mitigate fire hazards, they help make water cleaner, they also help to reduce damage from flash flooding," Darr outlined.

A recent survey by the group showed a much higher concentration of beaver dams in the northern part of New Mexico, highlighting a need for targeted conservation in less populated regions.

In the Southwest, many perennial rivers now run dry during parts of the year, discouraging the growth of trees, providing a food source for beavers and the wood they use to build their dams. Darr noted the restoration work includes community and tribal outreach about the importance of a nonlethal beaver/human coexistence.

"If you rip out a beaver dam, beavers can rebuild it overnight sometimes, so you'll spend the rest of your life ripping out beaver dams," Darr pointed out. "And if you kill the beavers, it's like putting up a vacancy sign for another beaver pair, and eventually other beavers will move in."

Massive eradication of beavers began in the 1800s, leading to river and stream degradation in New Mexico and across the nation, often made worse by climate change. Darr emphasized conservation tools and public awareness can be beneficial.

"Beavers do millions of dollars of work for free," Darr stressed. "Beaver coexistence and beaver restoration, and just beavers in general, have become high priority for conservation, especially across the West."

Concentrated Animal Feeding Operations, or CAFOs, are banned from the Buffalo National River watershed.

That's after the Arkansas Legislative Council issued a moratorium, outlawing large-scale swine operations on land surrounding the river.

Gordon Watkins, president of the Buffalo River Watershed Alliance, said it's good news for them - but he said he's concerned about other bodies of water around the state that don't have the same protection.

"We've got lots of high-quality recreational streams in the state that deserve to be protected, but our by-laws restrict us to working within the Buffalo River Watershed," said Watkins. "While we would support changes to the regulation, we can't legally take up the leadership role."

Members of the alliance had been fighting for the moratorium since 2013 when C&H Hog Farm opened in the watershed.

Legislators recently passed Act 921, which allows farms to operate anywhere in the state. The Buffalo River is exempt from the legislation.

C&H Hog Farm shut down in 2020, after pressure from environmentalists who said waste from the operation was contaminating surrounding land and water.

Watkins said changes to state rules, such as not contacting local leaders when a company submits an application for a liquid animal waste permit, could impact other rivers and streams.

"Other places in the state are not going to have public notice," said Watkins, "and they're not going to have access to critical information to be able to see if a facility is being built next to them or to see if it's operating properly over time. So, those are our big concerns."

He urged Arkansans to monitor the actions of the Department of Agriculture and the Department of Environmental Quality.

"Be vigilant, pay attention and push for better transparency," said Watkins. "To push the ag department to at least put up a listserv. If they had a listserv where people could sign up for it and they could be guaranteed that they would receive a notice every time an application came up. "

The Arkansas Farm Bureau and the Arkansas Cattlemen's Association argue the moratoriums are government overreach.





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