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Maryland committee considers bill to adopt EPA'legacy coal ash rules, expand state oversight
Summary
The House Environment and Transportation Committee heard testimony supporting House Bill 902, which would require the Maryland Department of the Environment to adopt EPA'legacy coal ash regulations, add state authority to go beyond federal rules, and create a coordinating committee including affected residents.
Delegate Mary Layman asked the House Environment and Transportation Committee on March 11 to give House Bill 902 a favorable report. The bill would require the Maryland Department of the Environment (MDE) to adopt the EPA'issued May 2024 legacy coal ash rule, consider EPA'effluent standards for coal combustion residual wastewater, and create a statewide coal combustion byproducts coordinating committee that includes residents of impacted communities.
The bill, Layman said, responds to federal action last May and is meant to ensure Maryland retains protections if federal rules are weakened. "This legislation will ensure that Marylanders remain protected even if the Trump administration withdraws or weakens EPA's 2024 guidelines," she told committee members, adding the measure would give MDE authority "to go further than those May 2024 federal guidelines if necessary to protect human health and the environment." Layman described the Brandywine facility in Prince George's County as among the state's highest'priority legacy sites.
Supporters described the human health stakes and the technical gaps the bill aims to close. Dave Arndt, a Baltimore resident and chemical engineer, said coal ash contains multiple heavy metals and neurotoxins and that contamination happens through groundwater, storm overflow and airborne dust. Jason Litton, co'director of the Western Maryland Regional GIS Center at Frostburg State University, testified that Maryland has about 70 coal ash disposal sites ranging from large landfills to smaller structural uses, many of which are unlined and near water.
Representatives from environmental groups and MDE joined the hearing. Zachary Schafer, assistant secretary for policy at MDE, told the committee the department supported the bill with amendments and emphasized the state will need long'term oversight as coal'fired generation retires. Schafer said DNR and MDE have identified dozens of smaller sites that will require monitoring or reclamation and noted the department is pursuing fee changes to match oversight needs.
Layman said several amendments were developed with MDE staff. She said one amendment removes an industry fee increase originally in the bill because of statutory constraints on MDE's fee collection; another sets a December 2026 deadline for MDE to adopt regulations to augment the federal legacy rule; and another would allow MDE to use excess industry fees to monitor smaller sites and support beneficial reuse.
Community witnesses emphasized local experience with contamination. Noah Waters, mayor of the Town of Eagle Harbor, said well water testing showed elevated PCBs and that residents downstream of the Brandywine Ash Management Facility have experienced decades of leaching into groundwater. Potomac Riverkeeper testimony referenced long'running consent orders and EPA enforcement priorities.
The committee did not take a vote at the hearing. Committee members asked technical questions about which sites are lined versus unlined, the scope of the fee program, and timelines for MDE rulemaking.
Why it matters: advocates said HB 902 would establish state backstops and local voice for communities near legacy coal ash disposal sites that are already linked to contamination risks. The bill also aims to preserve monitoring and cleanup authority at the state level if federal rules are rolled back.
Next steps: MDE indicated support with amendments; the sponsor indicated amendments had been filed and the committee will consider them in follow'up work.
