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Tennessee sets new coal ash disposal permit requirements and cost recovery rules

January 15, 2025 | House, Introduced, 2025 Bills, Tennessee Legislation Bills, Tennessee


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Tennessee sets new coal ash disposal permit requirements and cost recovery rules
On January 15, 2025, the Tennessee State Legislature introduced House Bill 124, a significant piece of legislation aimed at regulating the disposal of coal ash in the state. This bill seeks to address growing environmental concerns associated with coal combustion residuals, particularly the potential hazards posed by improper disposal methods.

The primary purpose of House Bill 124 is to establish stricter guidelines for the issuance of permits related to coal ash disposal facilities. Under the proposed legislation, the commissioner will be prohibited from granting permits unless the disposal plans include essential safety measures such as a liner and a final cap. These provisions are designed to mitigate the risks of groundwater contamination and other environmental impacts that can arise from coal ash disposal.

Notably, the bill outlines specific exceptions where these stringent requirements would not apply. These include the use of coal ash for fill, agricultural applications, engineered uses as feedstock for product production, and wastewater treatment units. This nuanced approach aims to balance environmental protection with the practical uses of coal ash in various sectors.

The bill also introduces a cost recovery mechanism for the Tennessee Department of Environment and Conservation (TDEC). It allows the department to recover direct and indirect costs associated with the regulation of coal combustion residuals disposal units. This includes expenses related to permitting, oversight, and remediation activities. By establishing an annual cap on these costs, the legislation seeks to ensure that the financial burden of regulation does not become excessive.

The introduction of House Bill 124 has sparked discussions among lawmakers, environmental advocates, and industry stakeholders. Proponents argue that the bill is a necessary step toward safeguarding public health and the environment, especially in light of past incidents involving coal ash spills and contamination. Critics, however, express concerns about the potential economic impact on industries that rely on coal ash for various applications, fearing that stringent regulations could hinder their operations.

As the bill progresses through the legislative process, its implications could resonate beyond environmental concerns. The balance between regulatory oversight and economic viability will be a focal point of debate, with potential ramifications for Tennessee's energy sector and its commitment to sustainable practices.

In conclusion, House Bill 124 represents a critical effort by the Tennessee legislature to enhance the regulation of coal ash disposal. As discussions continue, stakeholders will be closely monitoring the bill's evolution and its potential impact on both the environment and the economy. The outcome of this legislation could set a precedent for how coal combustion residuals are managed in Tennessee and beyond.

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