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On September 12, 2025, the Environmental Protection Agency (EPA) held a virtual public hearing soliciting comments on their proposal to delay the compliance deadlines set in the 2024 Legacy Coal Combustion Residuals Surface Impoundments and CCR Management Units Rule (known as the “Legacy CCR Rule”). Julie MacNamara provided the following testimony: 

Good morning, my name is Julie MacNamara and I am the National Water Projects Coordinator for Clean Water Action and Clean Water Fund, and, for more than 10 years, we have advocated for strong coal ash waste clean-up programs. We oppose this proposal and urge EPA not to delay compliance deadlines set forth in the 2024 Legacy CCR Rule.  

For decades, coal fired power plants have disposed of coal ash into unlined ponds, landfills and mines. This has allowed toxic pollution to leach into groundwater and threatened drinking water sources across the country. As others have emphasized, it has been estimated that over 90 percent of coal plants have contaminated groundwater with harmful chemicals.  

Coal ash is a toxic mix of heavy metals and other hazardous pollutants that have been linked to cancer, heart and thyroid disease, reproductive issues, and neurological harm. Coal ash ponds and landfills are disproportionately located in low-income communities and communities of color, putting them at an increased risk of being exposed to the toxic pollutants found in coal ash.

In 2024, we applauded when EPA took long-overdue action to close the loopholes that had allowed coal plants to avoid cleaning up their toxic coal ash at older landfills, legacy ponds, and fill sites. But now, we are concerned by EPA’s plans to extend compliance deadlines by up to an additional two years. This delay would allow toxic coal ash to continue to contaminate groundwater and drinking water supplies until after 2030, putting the drinking water of nearby communities at risk for even longer.  

This undermines EPA’s mission to protect public health and the environment. EPA must act swiftly to ensure the immediate and safe cleanup of all coal ash ponds and landfills. We urge EPA not to delay efforts to clean up these sites.

Thank you for the opportunity to speak today. 

EPA is now accepting public comments on their proposal to delay clean ups of legacy coal ash sites. Speak out before the deadline on September 15th:

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