Residents need clarity on how the federal coal-combustion rule applies to Beacon Island
To the Editor:
To date, the Port of Albany has spent approximately $172 million in taxpayer funds on pre-construction activities preparing the Beacon Island site for a potential industrial tenant.
In 2024, the U.S. Environmental Protection Agency issued its Final Coal Combustion Residuals (CCR) Rule, a federal regulation intended to ensure that coal ash is managed in a way that protects communities, groundwater, and the environment [“Beacon Island ash landfill to come under new EPA regulations,” The Altamont Enterprise, June 3, 2024].
Beacon Island has been identified by the EPA as a probable Coal Combustion Residuals Management Unit (CCRMU) and a Legacy Surface Impoundment (LSI). These designations indicate that coal ash may be present at the site and that the property may be subject to federal requirements for testing, public disclosure, and, where necessary, cleanup to protect nearby residents and waterways.
Public reporting indicates that the Port of Albany holds title to the Beacon Island property. The Port has suggested that the 2024 EPA rule may not apply to its role because it considers itself the property owner rather than the operator of any coal-ash unit. However, the federal rule addresses responsibilities related to coal ash management for “owners or operators” of such units.
In 2025, the Port also received an additional $18 million in taxpayer funding through Empire State Development’s FAST NY Focused Attraction of Shovel-Ready Tracts New York] program to support the proposed project at the site.
Given the significant public investment and the potential environmental considerations, it is reasonable for residents to seek clarity regarding how the federal CCR rule applies to Beacon Island and what steps, if any, are required to ensure compliance with federal safety and environmental standards.
Transparent communication and careful adherence to applicable regulations help protect both public resources and public trust.
Sylvia Rowlands
Glenmont