Senate Coal Ash Bill Leaves Americans in Harm’s Way

This fact sheet by Earthjustice opposes Senate Bill S.1751, claiming it undermines federal oversight of coal ash disposal and poses significant risks to public health. The document argues that the bill is weaker than existing RCRA subtitle D regulations for household waste, fails to prevent catastrophic dam failures, and discourages the recycling of coal ash by allowing the indefinite operation of 676 ash ponds. It highlights the toxicity of coal ash—noting cancer risks 2,000 times the EPA's regulatory goal in some areas—and cites a Tufts University study suggesting a stronger EPA rule could have generated 28,000 jobs.

• S.1751 is characterized as being less protective than the EPA's subtitle D proposal and weaker than existing federal household waste regulations under the Resource Conservation and Recovery Act (RCRA). Specifically, it fails to establish a standard requiring the protection of human health and the environment, does not require the closure of dumps in floodplains or unstable areas, and does not require enforceable permits for coal ash dumps.
• The bill is argued to hinder the economy and recycling efforts by allowing the indefinite operation of 676 coal ash ponds and permitting the construction of new ones, which removes billions of pounds of ash from the recycling market. Conversely, a study by a Tufts University senior economist indicated that a strong coal ash rule, like the 2010 EPA proposal, would have created 28,000 jobs.
• Coal ash is identified as the second largest industrial waste stream in the U.S., containing toxic chemicals such as arsenic, lead, mercury, selenium, and hexavalent chromium. A 2010 EPA risk assessment found that cancer risks from drinking water contaminated by arsenic near some unlined ponds are 50 times higher than normal and 2,000 times the EPA's regulatory goal for risk reduction.
• The document claims S.1751 fails to prevent large-scale disasters, citing the 2008 TVA disaster in Kingston, Tennessee, where a dam failure flooded over 300 acres and cost more than $1 billion to clean up. The bill is criticized for allowing ponds to contain more toxic sludge than they were designed for and exempting states from restricting stormwater and other liquids entering ponds.
• The Obama Administration opposed the bill (and the nearly identical HR 2273), stating it is insufficient to address risks associated with coal ash disposal and management and undermines the federal government's ability to ensure protective requirements.

APA

Earthjustice (n.d.). Senate Coal Ash Bill Leaves Americans in Harm’s Way. https://earthjustice.org/sites/default/files/S1751-fact-sheet.pdf

Chicago

Earthjustice. Senate Coal Ash Bill Leaves Americans in Harm’s Way. n.d. https://earthjustice.org/sites/default/files/S1751-fact-sheet.pdf.

Wikipedia

{{cite report |author=Earthjustice |title=Senate Coal Ash Bill Leaves Americans in Harm’s Way |url=https://earthjustice.org/sites/default/files/S1751-fact-sheet.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{earthjusticendsenate, author = {{Earthjustice}}, title = {{Senate Coal Ash Bill Leaves Americans in Harm’s Way}}, institution = {Earthjustice}, url = {https://earthjustice.org/sites/default/files/S1751-fact-sheet.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }