Comment submitted by Tobin and Dempf LLP
AnonymousOpposeAdvocacy
Summary: The law firm Tobin and Dempf, LLP, is submitting comments on behalf of residents in the Town of Bethlehem, New York, who are concerned about the environmental and health risks posed by a legacy coal ash landfill at Beacon Island. They oppose the proposed 2026 amendments because they believe the rules abdicate federal oversight to state authorities and demand that the EPA maintain strict federal enforcement, including mandatory removal of the coal ash and the imposition of civil and criminal penalties.
The 2026 Proposed Amendment to the Coal Combustion Residential Regulation which abdicates Federal oversight and seems to defer to state or other “regulatory authorities” with permits, deferrals, waivers, and delays, should not apply to the Beacon Island ( two million tons of coal ash, 27 feet deep with ground water between 1’3” and 13’deep) and adjoining contaminated properties located above and aquifer providing drinking water to nearby residential properties at the mouth of a 177 square mile watershed which empties into the Hudson River (tidal waters). See attached.