EPA Takes First Step in Regulating Coal Ash; Proposed Rule Announced

The U.S. Environmental Protection Agency (EPA) today has proposed the first-ever national rules related to the disposal and management of coal ash from coal-fired power plants.  Coal combustion wastes, including coal ash or fly ash, are widely used in construction applications. The agency will publish a proposed rulemaking in the Federal Register and begin taking comments on which of two regulatory paths the agency should follow under the Resource Recovery and Conservation Act (RCRA). One option is drawn from authorities available under Subtitle C, which creates a comprehensive program of federally enforceable requirements for waste management and disposal. The other option includes remedies under Subtitle D, which gives EPA authority to set performance standards for waste management facilities and would be enforced primarily through citizen suits. The agency states that today's action safeguards environmentally safe and desirable forms of recycling coal ash, known as beneficial uses. Under both approaches proposed by EPA, the agency would leave in place the Bevill exemption for beneficial uses of coal ash in which coal combustion residuals are recycled as components of products instead of placed in impoundments or landfills. Large quantities of coal ash are used today in concrete, cement, wallboard and other contained applications. These "encapsulated" uses would not be impacted by today's proposal. Other uses may be impacted. AGC of America is concerned about implications to the shipping and handling of that material as well as any threats-stigma or otherwise-to beneficial use.   The public comment period is 90 days from the date the rule is published in the Federal Register.  AGC of America will comment on the proposed rule. If you would like to advise AGC in the comment-writing process, please contact Melinda Tomaino at tomainom@agc.org or 703-837-5415.  AGC previously reported on this issue in AGC's Environmental Observer at http://newsletters.agc.org/environment/2010/02/24/epa-proposed-regulation-of-coal-combustion-waste-expected-in-april/.   More information about the proposed regulation: http://www.epa.gov/coalashrule To view the chart comparing the two approaches:  http://www.epa.gov/coalashrule/ccr-table.htm