Testimony of Abigail Dillen, Coal Program Director Earthjustice Before the Subcommittee on Environment and the Economy Committee on Energy and Commerce U.S. House of Representatives Legislative Hearing on “Federal and State Partnership for Environmental Protection Act of 2013;” the “Reducing Excessive Deadline Obligations Act of 2013;” and the “Federal Facility Accountability Act of 2013.”

Abigail Dillen of Earthjustice testifies that the 'Reducing Excessive Deadline Obligations Act of 2013' is a misguided attempt to derail lawsuits seeking to compel the EPA to regulate coal ash. The testimony highlights the severe environmental and health risks associated with the current lack of federal standards, including groundwater contamination by toxic metals, air pollution from fugitive dust, and the catastrophic potential for coal ash impoundment failures. Dillen emphasizes that the EPA has delayed necessary regulations for 13 years despite acknowledging their need, and that the proposed bill would leave the second largest toxic waste stream in the U.S. unregulated indefinitely.

• The 'Reducing Excessive Deadline Obligations Act of 2013' is designed to undercut three consolidated lawsuits filed by conservation groups and the coal ash recycling industry to force the EPA to regulate coal ash under RCRA Section 2002(b).
• The EPA has failed to implement national standards for coal ash for 13 years, despite concluding in 2000 that such standards were necessary to protect human health and the environment.
• Coal ash disposal in the U.S. poses severe water contamination risks; approximately 39% of annual coal ash is placed in surface impoundments, 62% of which are unlined or inadequately lined.
• Exposure to arsenic from contaminated water near unlined coal ash impoundments can result in a one in fifty chance of developing cancer, a risk 2,000 times higher than the EPA's target protection level.
• Improper coal ash disposal creates air quality risks, with the EPA concluding that dry-handling of ash is likely to exceed National Ambient Air Quality Standards (NAAQS) for particulate matter without fugitive dust controls.
• Coal ash impoundments present catastrophic failure risks; about 50 are rated 'high hazard' (likely to cause loss of human life) and 181 are rated 'significant hazard' (likely to cause economic or environmental damage).
• The 2008 collapse of the Tennessee Valley Authority (TVA) Kingston Fossil Plant dam released one billion gallons of toxic sludge, representing the largest waste spill in U.S. history with cleanup costs estimated at over $1.2 billion.
• State-level regulations are insufficient, with 67% of surveyed states lacking liner requirements for coal ash surface impoundments and 61% lacking groundwater monitoring requirements for the same.

APA

Dillen, A. (2013). Testimony of Abigail Dillen, Coal Program Director Earthjustice Before the Subcommittee on Environment and the Economy Committee on Energy and Commerce U.S. House of Representatives Legislative Hearing on “Federal and State Partnership for Environmental Protection Act of 2013;” the “Reducing Excessive Deadline Obligations Act of 2013;” and the “Federal Facility Accountability Act of 2013.”. Earthjustice. https://earthjustice.org/wp-content/uploads/testimony-abigail-dillen.pdf

Chicago

Dillen, Abigail. Testimony of Abigail Dillen, Coal Program Director Earthjustice Before the Subcommittee on Environment and the Economy Committee on Energy and Commerce U.S. House of Representatives Legislative Hearing on “Federal and State Partnership for Environmental Protection Act of 2013;” the “Reducing Excessive Deadline Obligations Act of 2013;” and the “Federal Facility Accountability Act of 2013.”. Earthjustice, 2013. https://earthjustice.org/wp-content/uploads/testimony-abigail-dillen.pdf.

Wikipedia

{{cite press release |last1=Dillen |first1=Abigail |title=Testimony of Abigail Dillen, Coal Program Director Earthjustice Before the Subcommittee on Environment and the Economy Committee on Energy and Commerce U.S. House of Representatives Legislative Hearing on “Federal and State Partnership for Environmental Protection Act of 2013;” the “Reducing Excessive Deadline Obligations Act of 2013;” and the “Federal Facility Accountability Act of 2013.” |publisher=Earthjustice |date=17 May 2013 |url=https://earthjustice.org/wp-content/uploads/testimony-abigail-dillen.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@misc{dillen2013testimony, author = {Dillen, Abigail}, title = {{Testimony of Abigail Dillen, Coal Program Director Earthjustice Before the Subcommittee on Environment and the Economy Committee on Energy and Commerce U.S. House of Representatives Legislative Hearing on “Federal and State Partnership for Environmental Protection Act of 2013;” the “Reducing Excessive Deadline Obligations Act of 2013;” and the “Federal Facility Accountability Act of 2013.”}}, publisher = {Earthjustice}, year = {2013}, month = may, url = {https://earthjustice.org/wp-content/uploads/testimony-abigail-dillen.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }