A Georgia House bill would align state law with the current federal rule around the storage of the toxic material left over from burning coal to make electricity, also known as coal ash.
The rule, enforced by the federal Environmental Protection Agency, is this: Coal ash should not be stored in contact with groundwater, and utilities should take every practicable step to keep the two from mixing.
Georgia House Bill 564 would make that federal rule into state law. Prior Georgia bills that were aimed at restricting coal ash storage failed in 2020 during the period when the Trump-era EPA declined to enforce its coal ash rule.
Over the past year, the EPA has been enforcing the rule with renewed vigor, notably at a power plant in Ohio. The EPA has also told Alabama Power it is likely out of compliance at its Plant Barry near Mobile, Ala.
Democratic state Rep. Mary Frances Williams is the lead sponsor of HB 564. She represents part of Cobb County, where Alabama Power sister company Georgia Power would like to store coal ash in unlined pits at its Plant McDonough on the Chattahoochee River.
“This water belongs to the people; it's not to be used as anybody's trash,” Williams said on GPB’s Lawmakers. “It's really the source of our water, our drinking water, and we need to keep that safe.”
The main objection from environmentalists to keeping coal ash in unlined storage has long been the threat to drinking water. Coal ash can cause a litany of deadly diseases with high enough exposures over time.
The safety of drinking water has long been a concern for residents of Juliette, Ga. They live next to one of the largest coal fired power plants in the state, Plant Scherer.
Dozens of Juliette residents are part of a suit against Georgia Power in which they allege water-borne coal ash has led to a long history of rare cancers. Altamaha Riverkeeper Fletcher Sams has performed water testing at Juliette homes for years. He consulted for the government of Monroe County during their own water testing.
“The EPA rule is and always has been clear: Infiltration of liquid into the waste is not permissible,” Sams said. “The fact that Georgia EPD is even considering issuing permits that allow the waste to be permanently stored in groundwater is shocking.”
Representatives for Georgia Power have said they will continue to evaluate the EPA rule and that they are in compliance with state law at Plant Scherer, Plant McDonough and other sites.
Georgia Power has requested unlined storage of coal ash at five sites around the state. Those plans remain under EPA review.
