The Honorable Andrew Wheeler Administrator U.S. Environmental Protection Agency 1200 Pennsylvania Avenue, NW Washington, D.C. 20460

Re: Proposed Revised Effluent Limitations Guidelines and Standards for the Steam Electric Power Source Category (Docket ID No. EPA-HQ-OW-2009-0819) and Proposed Changes - A Holistic Approach to Closure Part A: Deadline to Initiate Closure (Docket ID No. EPA-HQ-OLEM-0172)

Dear Administrator Wheeler:

On behalf of the 165 undersigned state legislators, we urge you to abandon two recent Environmental Protection Agency’s (EPA) proposals that would weaken water pollution limits for coal plants and rollback critical human health and safety standards needed to protect communities from toxic coal ash. Instead EPA should commit to strengthening these safeguards, which were both finalized by your agency in 2015.

As representatives of residents in 35 states, we understand the vital need to protect our constituents from coal plants, which are responsible for dumping more arsenic, lead, mercury, selenium, and other heavy metals into our rivers and lakes than any other industry. These same plants store their toxic coal ash waste in unsafe dump sites next to rivers and near communities. Recent monitoring data found that 92 percent of U.S. coal plants are currently contaminating groundwater with toxic substances above federal health standards. Pollution from coal plants has also made it unsafe to eat fish from many rivers and lakes, tainted the places where people swim, and contaminated drinking water sources. In 2015 your agency took significant steps toward addressing this pollution by requiring coal plants to safely close and clean-up contaminated coal ash sites and by prohibiting the dumping of coal ash transport water and imposing stringent limits on toxic pollutants in scrubber sludge discharged to precious water resources. Yet now your agency is putting communities in our states at risk by proposing to rollback these commonsense requirements.

We are concerned that your proposal to rollback water pollution limits for coal plants would allow millions of gallons of toxic wastewater to be dumped into our waters daily, even though technology to eliminate this pollution is widely used and affordable. It would

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also allow higher levels of arsenic and selenium in scrubber sludge to be discharged to lakes, rivers and streams, and give plants up to five years to come into compliance with these weak limits. Finally, the proposal would exempt certain coal plants from even these lax standards.

We are also concerned that your proposal to weaken coal ash safeguards would extend the operating life of unstable and dangerously-sited coal ash dumps that are contaminating groundwater. This proposal would also allow leaking ash dumps to continue to accept toxic waste. The 2015 coal ash safeguards, in contrast, required site operators to begin closing unlined ash dumps contaminating groundwater and dumps in unsafe locations nine months ago, or by April 2019.

The EPA’s proposal to weaken existing coal ash safeguards and to rollback water pollution limits for coal plants are big concessions to the power plant industry at the expense of the health of communities in our states. We urge your agency to withdraw these dangerous proposals, and instead commit to adequately protecting human health and the environment from coal plant water pollution and toxic coal ash waste by strengthening the underlying 2015 rules.

Thank you for consideration of our concerns.

Sincerely,

Representative Senator Lela Alston North Carolina Arizona

Representative Isela Blanc Representative Andres Cano Arizona Arizona

Representative Charlene Fernandez Representative Rosanna Gabaldon Arizona Arizona

Senator Juan Mendez Senator Tony Navarrete Arizona Arizona

Senator Martin Quezada Representative Jeni Arndt Arizona Colorado

Senator Mike Foote Representative Chris Hansen Colorado Colorado

Representative Cathy Kipp Senator Brittany Pettersen Colorado Colorado

Representative Emily Sirota Representative Brianna Titone Colorado Colorado

Representative Michael Weissman Councilmember David Grosso Colorado Washington, DC

Representative John Kowalko Representative Anna Eskamani Delaware Florida

Representative Kristin Jacobs Representative Evan Jenne Florida Florida

Representative Becky Evans Senator Nan Orrock Georgia Georgia

Senator Elena Parent Senator Sheikh Rahman Georgia Georgia

Senator Mike Gabbard Senator Les Ihara Jr. Hawaii Hawaii

Representative Amy Perruso Representative Cynthia Thielen Hawaii Hawaii

Representative Tina Wildberger Representative Anna Moeller Hawaii Illinois

Representative Michael Mussman Representative Maurice West Illinois Illinois

Representative Matt Pierce Senator Mark Stoops Indiana Indiana

Representative Liz Bennett Senator Eric Giddens Iowa Iowa

Representative Mary Mascher Representative Art Staed Iowa Iowa

Senator Zach Wahls Representative Annie Kuether Iowa Kansas

Senator Representative Maine

Representative Representative Maine Maine

Senator Senator Maine Maine

Delegate Kumar Barve Delegate Benjamin Brooks Maryland Maryland

Delegate David Fraser-Hidalgo Senator Ben Kramer Maryland Maryland

Senator Clarence Lam Delegate Brooke Lierman Maryland Maryland

Delegate Julie Palakovich Carr Senator Mary Washington Maryland Maryland

Senator Mike Moore Representative Tram Nguyen Massachusetts Massachusetts

Representative Denise Provost Representative Maria Robinson Massachusetts Massachusetts

Representative Tommy Vitolo Senator Jeff Irwin Massachusetts Michigan

Representative Rebekah Warren Representative Robert Wittenberg Michigan Michigan

Senator Jim Abeler Representative Peter Fischer Minnesota Minnesota

Representative Mike Freiberg Representative Fue Lee Minnesota Minnesota

Representative Jamie Long Senator Jerry Newton Minnesota Minnesota

Representative Ami Wazlawik Representative Christopher Bell Minnesota Mississippi

Representative Steven Roberts Senator Dick Barrett Missouri Montana

Assemblymember Howard Watts Representative Susan Almy Nevada New Hampshire

Representative Renny Cushing Representative Garrett Muscatel New Hampshire New Hampshire

Representative Peter Schmidt Representative Deborah Armstrong New Hampshire New Mexico

Senator Liz Stefanics Senator Bill Tallman New Mexico New Mexico

Representative Liz Thomson Senator John Brooks New Mexico New York

Assemblymember William Colton Assemblymember Steve Englebright New York New York

Assemblymember Patricia Fahy Assemblymember Richard Gottfried New York New York

Senator Liz Krueger Assemblymember Barbara Lifton New York New York

Assemblymember Amy Paulin Assemblymember Jeffrey Dinowitz New York New York

Representative Representative John Autry North Carolina North Carolina

Representative Representative Mary Belk North Carolina North Carolina

Representative Representative North Carolina North Carolina

Representative Christy Clark Representative North Carolina North Carolina

Representative Senator Kirk deViere North Carolina North Carolina

Representative Terence Everitt Representative Susan Fisher North Carolina North Carolina

Senator Valerie Foushee Representative John Fraley North Carolina North Carolina

Senator Michael Garrett Representative North Carolina North Carolina

Representative Representative Zack Hawkins North Carolina North Carolina

Representative Yvonne Holley Representative Howard Hunter North Carolina North Carolina

Representative Verla Insko Representative Darren Jackson North Carolina North Carolina

Representative Senator Natasha Marcus North Carolina North Carolina

Representative Representative Chuck McGrady North Carolina North Carolina

Representative Graig Meyer Senator Mujtaba Mohammed North Carolina North Carolina

Representative Senator Wiley Nickel North Carolina North Carolina

Senator Harper Peterson Representative Joe Sam Queen North Carolina North Carolina

Representative William Richardson Senator Gladys Robinson North Carolina North Carolina

Representative C. Ray Russell Senator Sam Searcy North Carolina North Carolina

Representative Julie von Haefen Senator Mike Woodard North Carolina North Carolina

Representative Senator Nickie Antonio North Carolina Ohio

Representative Tavia Galonski Representative David Leland Ohio Ohio

Representative Tiffiny Mitchell Representative Karin Power Oregon Oregon

Representative Marty Wilde Representative Edith Ajello Oregon Rhode Island

Representative Lauren Carson Representative Gary Clary Rhode Island South Carolina

Representative Bob Freeman Senator Brenda Gilmore Tennessee Tennessee

Representative Jennifer Dailey-Provost Representative Suzanne Harrison Utah Utah

Senator Jani Iwamoto Representative Sarah Copeland Hanzas Utah Vermont

Representative Diana Gonzalez Senator Christopher Pearson Vermont Vermont

Representative Trevor Squirrell Delegate Elizabeth Guzman Vermont Virginia

Senator Scott Surovell Representative Beth Doglio Virginia Washington

Representative Joe Fitzgibbon Representative Roger Goodman Washington Washington

Senator Sam Hunt Delegate Evan Hansen Washington West Virginia

Senator Janet Bewley Representative Jill Billings Wisconsin Wisconsin

Representative Gary Hebl Senator Chris Larson Wisconsin Wisconsin

Representative Sondy Pope Senator Fred Risser Wisconsin Wisconsin

Representative Melissa Sargent Representative Katrina Shankland Wisconsin Wisconsin

Representative Lisa Subeck Wisconsin