National Enforcement and Compliance Initiative: Protecting Communities from Coal Ash Contamination

EPA is committed to reducing pollution from coal ash, also known as coal combustion residuals or CCR, the toxic material left behind after facilities burn coal for energy. Coal ash contains contaminants known to cause cancer and other serious health effects.

Coal Ash Facility
Coal Ash facility.

Problem

In 2021 alone, coal-fired electric utilities generated almost 80 million tons of coal ash. There are approximately 300 regulated coal facilities nationwide that currently house approximately 775 coal ash surface impoundments and landfills. Approximately 72 of the facilities are located near communities already overburdened by pollution.

The impact or harm to human health and the environment from noncompliance with the EPA’s Resource Conservation and Recovery Act (RCRA) Coal Ash Program can be significant and can occur through catastrophic releases of contaminants, contamination of groundwater resources, impacts on nearby surface waters, consumption of contaminated drinking water, and releases of pollutants to the air.

Goals

The Protecting Communities from Coal Ash Contamination National Enforcement and Compliance Initiative or NECI seeks to identify and meaningfully reduce the most significant risks to drinking water, surface waters, and groundwater resources, and air quality, from coal ash disposal.

Overview of Protecting Communities from Coal Ash Contamination NECI Goals

  1. Focus on investigated high-risk facilities in each EPA Region, with priority given to those facilities that may significantly impact vulnerable or pollution-burdened communities.
  2. Reduce noncompliance with the CCR regulations by identifying violations through compliance monitoring and resolving these violations through enforcement actions that seek appropriate injunctive relief and mitigation of past harm, including achieving pollutant reductions at facilities that may impact vulnerable or pollution-burdened communities.

FY 2024 MID-YEAR RESULTS

Enforcement Cases

Greenidge Generation LLC: In January 2024, EPA finalized a compliance agreement/final order resolving violations at the company’s Greenidge, New York coal burning power plant. The agreement commits Greenidge to address groundwater monitoring issues and ensure proper closure of a coal ash surface impoundment under the Resource Conservation and Recovery Act. The company will also pay a fine of $105,000. (Press Release)

Enforcement Alerts

In December 2023, EPA issued an enforcement alert, “EPA Finds Significant Noncompliance with RCRA Coal Ash Disposal Regulations.” The purpose of the enforcement alert is to raise awareness and alert regulated entities of common compliance issues related to closure and groundwater remediation requirements.

Compliance Assessments

As of the second quarter of the fiscal year, EPA completed compliance assessments of 64 coal ash units, including on-site inspections, to determine compliance with coal ash regulations.

Capacity Building Efforts

As of the second quarter of the fiscal year, EPA plans to train and educate staff that are responsible for enforcing RCRA’s coal ash regulations. To that end, the Agency hosted three Coal Ash Program training sessions with a combined total of over 400 participants: Basic Overview of Coal Ash Program and regulations, litigation related to the CCR Rule, and criminal enforcement authorities.

Enforcement

Enforcement: Contact Us
Contact Us to ask a question, provide feedback, or report a problem.
Last updated on October 15, 2024