TESTIMONY OF LISA EVANS, SENIOR COUNSEL, EARTHJUSTICE BEFORE THE SUBCOMMITTEE ON ENERGY AND ENVIRONMENT, COMMITTEE ON ENERGY AND COMMERCE, U.S. HOUSE OF REPRESENTATIVES

The document details the widespread groundwater contamination caused by coal ash at U.S. power plants, where 91 percent of plants exceed federal safe standards. It highlights the dangers of 'sham recycling'—specifically using coal ash as soil fill—and contrasts this with legitimate encapsulation in concrete and gypsum. The testimony criticizes the Trump administration's efforts to cede enforcement to states and weaken federal regulations, while providing evidence that 'closure by removal' of ash ponds leads to significant water quality improvements and economic benefits for local communities.

• Industry data indicates that 91 percent of U.S. coal plants are contaminating groundwater above federal safe standards, with arsenic being the most prevalent pollutant.
• The use of coal ash as a substitute for soil (fill) is identified as a dangerous practice that contaminates drinking water and soil; for example, arsenic levels in residential soil in the Town of Pines, Indiana, were found to be more than 1,300 times the EPA's safe level.
• The Trump administration is accused of undermining coal ash protections by attempting to cede authority to states and restricting enforcement to only 'imminent threats to human health,' effectively burying the National Enforcement and Compliance Initiative.
• The 2024 Legacy Coal Ash Rule was created to address gaps in the 2015 rule, specifically targeting 'legacy ponds' at retired plants and onsite dry disposal units (CCRMUs) that were previously unregulated.
• Legitimate recycling through encapsulation in concrete and gypsum is beneficial, but the volume is small; the American Coal Ash Association reports that recycling into encapsulated products is short of 40 percent of annual generation.
• Extracting rare earth elements (REEs) from existing coal ash dumps is feasible, as 113 million tons of ash could generate nearly 9,000 tons of rare earth oxides, but the document argues that no new coal should be burned specifically to create ash for this purpose.
• Closure by removal of coal ash is more effective and economically beneficial than capping waste in place; the clean closure of the Grainger Generating Station in South Carolina resulted in an estimated $67 million in additional GDP over eight years.
• The EPA's proposed approval of North Dakota's coal ash permit program is argued to be illegal under the WIIN Act because the program is not 'at least as protective' as federal requirements and ignores existing permits that allow noncompliance.

APA

Evans, L. (2025). TESTIMONY OF LISA EVANS, SENIOR COUNSEL, EARTHJUSTICE BEFORE THE SUBCOMMITTEE ON ENERGY AND ENVIRONMENT, COMMITTEE ON ENERGY AND COMMERCE, U.S. HOUSE OF REPRESENTATIVES. Earthjustice. https://earthjustice.org/wp-content/uploads/2025/06/levans-ccr-testimony-6.25.25_.pdf

Chicago

Evans, Lisa. TESTIMONY OF LISA EVANS, SENIOR COUNSEL, EARTHJUSTICE BEFORE THE SUBCOMMITTEE ON ENERGY AND ENVIRONMENT, COMMITTEE ON ENERGY AND COMMERCE, U.S. HOUSE OF REPRESENTATIVES. Earthjustice, 2025. https://earthjustice.org/wp-content/uploads/2025/06/levans-ccr-testimony-6.25.25_.pdf.

Wikipedia

{{cite report |last1=Evans |first1=Lisa |title=TESTIMONY OF LISA EVANS, SENIOR COUNSEL, EARTHJUSTICE BEFORE THE SUBCOMMITTEE ON ENERGY AND ENVIRONMENT, COMMITTEE ON ENERGY AND COMMERCE, U.S. HOUSE OF REPRESENTATIVES |publisher=Earthjustice |date=26 June 2025 |url=https://earthjustice.org/wp-content/uploads/2025/06/levans-ccr-testimony-6.25.25_.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{evans2025testimony, author = {Evans, Lisa}, title = {{TESTIMONY OF LISA EVANS, SENIOR COUNSEL, EARTHJUSTICE BEFORE THE SUBCOMMITTEE ON ENERGY AND ENVIRONMENT, COMMITTEE ON ENERGY AND COMMERCE, U.S. HOUSE OF REPRESENTATIVES}}, institution = {Earthjustice}, year = {2025}, month = jun, url = {https://earthjustice.org/wp-content/uploads/2025/06/levans-ccr-testimony-6.25.25_.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }