The Coal Ash Pollution Prevention Act put Illinois on a path to having strong coal ash regulations. The law directs the Illinois Pollution Control Board (IPCB) to finalize a coal ash rule by March 2021. The rule will guide the Illinois Environmental Protection Agency (Illinois EPA) on how to regulate coal ash. The first step in the rulemaking process is Illinois EPA proposing a draft rule to the IPCB. The Coal Ash Pollution Prevention Act emphasized the importance of meaningful public input in both the regulation of coal ash and the development of the rules, so Illinois EPA has sought public input throughout their drafting process.
Starting in September 2019, Illinois EPA voluntarily held a series of listening sessions across the state to take public input on what should be in a coal ash rule. They held seven listening sessions and a webinar, covering the state north to south and east to west – from Waukegan to Marion, Granite City to Danville. At the listening sessions, Illinois EPA heard from concerned community groups calling for:
- Robust and meaningful public participation.
- Thorough vetting of closure options including both cap in place and removal.
- Rules that ensure coal ash cannot be exposed to groundwater.
- Prioritization of environmental justice communities & high risk impoundments.
- Financial assurances from industry so the public isn’t left holding the bag.
On December 11, 2019 and just before the holiday season, Illinois EPA released a draft version of the rule for public comment. A stakeholder meeting was scheduled for January 6th, and comments on the draft rule are due on January 13th. After receiving the comments on the draft rule, Illinois EPA will propose a version to the Illinois Pollution Control Board by the end of March 2020, and then the IPCB will hold its own set of hearings (TBA) before finalizing the rule in March 2021.
The January 6th stakeholder meeting was well attended by both community groups from coal ash communities across the state and representatives from industry. The draft rule had some good in it, but it needs many improvements to truly be protective. Some major concerns include:
- The draft rule only covering coal ash impoundments, leaving out coal ash landfills and other coal ash dumps found at power plants. The Illinois EPA should take this chance to regulate all of coal ash, not just impoundments.
- The rule should be more clear that coal ash should not be allowed to get wet, and a closure plan should not be approved if it will allow coal ash to remain wet.
- The rule needs to ensure that public participation is comprehensive so that the public has a voice in coal ash decisions. As written, there are gaps in participation opportunities that Illinois EPA should close.
- The rule needs to do a better job of protecting environmental justice communities that are disproportionately burdened by pollution. The rule needs to expand its non-English language access to public participation and include broader consideration of the cumulative impacts of pollution on environmental justice communities.
- The rule needs to ensure that financial assurances are held until pollution is cleaned up. The draft rule allows industry to reduce their financial assurances as they implement their clean up plan, but this will risk leaving the taxpayers holding the bag if their clean up plan does not work.
Prairie Rivers Network is working with our environmental partners and coal ash community groups to fight for rules that are as protective as possible. The rules put in place now will determine the fate of coal ash in Illinois, and we risk leaving pollution behind that will continue to impact our waters for centuries.
