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NCEL Comments to Adminstrator Wheeler

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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 202-744-1006 • www.ncel.net • 1228½ 31st St. NW, Suite 110 • Washington, DC 20007 ​ ​ ​ ​ ​ ​ 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 Pricey Harrison 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 Cathy Breen Representative Michelle Dunphy Maine Maine Representative Nicole Grohoski Representative Craig Hickman Maine Maine Senator Rebecca Millett Senator David Miramant 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 John Ager Representative John Autry North Carolina North Carolina Representative Cynthia Ball Representative Mary Belk North Carolina North Carolina Representative Deb Butler Representative Becky Carney North Carolina North Carolina Representative Christy Clark Representative Ashton Clemmons North Carolina North Carolina Representative Allison Dahle 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 Rosa Gill North Carolina North Carolina Representative Wesley Harris 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 Nasif Majeed Senator Natasha Marcus North Carolina North Carolina Representative Grier Martin Representative Chuck McGrady North Carolina North Carolina Representative Graig Meyer Senator Mujtaba Mohammed North Carolina North Carolina Representative Marcia Morey 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. 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