KINGSTON, Tenn. — Tennessee knows more than most states the impact coal ash can have on a community - having been home to a coal fly ash slurry spill in Kingston in 2008.

This week the Environmental Protection Agency held a public hearing where communities impacted by coal ash asked the agency not to roll back safeguards, as proposed by EPA head Scott Pruitt. Coal ash contains toxic pollutants such as arsenic, lead and radioactive elements, many of which have no federal maximum contaminant level for drinking water.

According to Lisa Evans, senior administrative counsel at the environmental law firm Earthjustice, the current regulations require leaks from coal ash dumps to be cleaned up before they reach drinking water.

"What Pruitt would like to do is to allow states or the polluters themselves to set their own standards for those chemicals that don't have a federal MCL,” Evans said.

Public comment on the proposed changes ends Monday, April 30.

The EPA estimates the changes would save electric utilities up to $100 million per year in compliance costs. Also this week, the environmental agency announced it would limit the kinds of scientific studies it would use when it develops policies.

Critics say the move will permanently limit the agency's ability to protect the public.

But Evans pointed out that the new regulation goes further than giving states discretion in setting limits on toxic pollutants from coal ash in drinking water. A close reading of the fine print revealed a critical omission.

"They didn't require that the states or the polluters consider the health of children,” she observed. “So that will allow them to set those levels at a higher standard, which is even more damaging to children."

Evans maintains there is no scientific basis for the proposed rule, which she said is being rushed through at the request of the electric utilities. And this rule change could just be the beginning.

"We are expecting the Trump administration to come out with a second rule, they said in September," Evans said. "So, it's a one-two punch against public health and safety."

Children are especially vulnerable to the effects of coal ash pollutants, but the words "sensitive subgroups," which includes children, have been deleted from the regulation. Tennessee is home to eight coal-fired power plants and a total of 44 coal ash ponds owned and managed by the Tennessee Valley Authority.

More information is available at Earthjustice.org.


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The Iowa Environmental Council has petitioned the Environmental Protection Agency to invoke emergency powers to protect sensitive soil and groundwater in northeast Iowa.

The council is holding a public webinar today and wants the EPA to address groundwater contamination in northeast Iowa's so-called Driftless region. The groundwater there has a well-documented history of nitrate contamination.

Alicia Vasto, director of water program for the council, said the highly porous and soluble karst soil prevalent in the region is susceptible to contamination from centralized animal feeding operations.

"We did some analyses of private well data and public water systems and found that there was a lot of contamination of nitrate in those drinking water sources," Vasto reported. "The state has really failed to take action meaningfully that would address those problems."

The state has said it is constantly working to upgrade groundwater quality standards and is in the process of taking public input on creating yet another set of rules.

Vasto emphasized since the state has failed to address the water safety concerns for decades, the council and a coalition of other environmental groups have, in effect, gone above the state's head to the EPA, asking the agency to implement an emergency stop gap on nitrate pollution the way the agency did in neighboring Minnesota last year.

"We're asking that at, at minimum, the EPA would require the state of Iowa to do what they required the state of Minnesota to do under the same petition," Vasto explained. "Because the geology of northeast Iowa is the same as of southeast Minnesota."

The council's recommendations include calling on the EPA to create a communications plan with residents whose water could be at risk, create a drinking water sampling plan, and establishing a thorough permitting process for centralized animal feeding operations.


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A Knoxville-based environmental group is advocating for the Radiation Exposure Compensation Act expansion, currently awaiting House approval.

It would provide compensation to more states such as Tennessee for radiation exposure from U.S. government nuclear activities such as weapons testing and uranium mining.

Tanvi Kardile, coordinator for the Oak Ridge Environmental Peace Alliance, said the current act fails to compensate Tennesseans exposed to nuclear waste from the Y-12 weapons complex, a significant part of the Manhattan Project.

"This expansion bill does extend compensation to people in Tennessee," Kardile acknowledged. "It will directly affect us because it would allow people here to receive that compensation for being exposed to radiation from nuclear waste, which is a big issue here. "

Uranium miners, millers, and ore transporters may be eligible for a one-time payment of $100,000. The law would create a grant program for the study of epidemiological research. The research would focus on how uranium mining and milling affects the health of people directly involved, such as the families of miners and millers.

Kardile emphasized the importance of Tennesseans collaborating with lawmakers to work on expanding the Radiation Exposure Compensation Act since the existing program expires in less than sixty days.

"The Speaker of the House, Mike Johnson, has to bring up the vote in the House, and he hasn't done that yet," Kardile noted. "He has to bring it up by June, which is when RECA is set to expire. So we do want to urge people to call Speaker Mike Johnson."

Kardile added the U.S. Senate passed the reauthorization of The Radiation Exposure Compensation Act on March 7. However, current benefits are limited to specific regions, excluding areas affected by events such as the Trinity atomic test in New Mexico.

The State of Arizona has received $156 million to invest into solar systems for Arizona families.

Adrian Keller, Arizona program director for the nonprofit Solar United Neighbors, said the group is "thrilled" about the grant made available through the federal solar policy known as Solar For All. The policy sets out to expand or create new low-income solar programs, which the Environmental Protection Agency claims will enable more than 900,000 homes across the nation to benefit from.

Keller expects the funding will help between 10,000 and 11,000 Arizona families.

"These are all low- to middle-income families," Keller pointed out. "The state is projecting somewhere around 61 megawatts of new solar throughout the state of Arizona and there are a bunch of different funding pools and mechanisms to make sure that this funding is disbursed equitably and throughout communities in the state, not just hitting certain metro areas."

Despite Arizona ranking second for solar energy potential in the nation, Keller acknowledged there are still many in the Grand Canyon State who would like to transition to solar but cannot afford to do so. He stressed the federal funds are a step in the right direction. He added through the Greenhouse Gas Reduction Fund, Solar for All will allocate $21 million to support clean-energy job creation and train workers.

Keller argued while there are significant federal dollars flowing into Arizona for solar systems and incentives, some of the state policies around solar energy are lackluster. Keller noted the Arizona Corporation Commission is in the process of determining how rooftop solar customers in the state will be compensated, but could end up lowering bill credits.

"We're kind of in this interesting place with the current landscape of solar in Arizona," Keller explained. "In some ways it's really good, because we've got these great federal policies, but at the same time the state is sending mixed signals, particularly the corporation commission about the value of solar in Arizona."

Keller considers Solar for All to be a "transformative opportunity" to change the narrative surrounding solar-energy accessibility and added his organization is eager to partner with the state to start rolling out the program later this year. He said 300 rural households will also benefit from solar plus battery systems for their homes, protecting them from electricity service disruption.