Industry Proposes EPA Oversight of Non-Hazardous Coal Ash

Date: April 30, 2010

Source: News Room

Industry groups are urging EPA to issue less stringent rules to regulate coal ash disposal by recommending a mechanism whereby EPA could retain federal enforcement authority as long as it remains classified as a non-hazardous solid waste. Both the Edison Electric Institute (EEI) and the Utility Solid Waste Activities Group (USWAG) have met with regulators to push the proposal, which they argue would preserve beneficial reuse of the material and avoid unnecessarily high costs of disposal as a hazardous waste. Under their plan, EPA would retain authority under section 4010(c) of RCRA to oversee state rules regulating solid wastes, much as the agency already does with MSW landfills and non-MSW landfills that may receive conditionally exempt small quantity generator (CESQG) hazardous waste.

RCRA section 4010(c) requires the EPA administrator to issue rules for facilities that may receive hazardous household waste or hazardous waste from small quantity generators.

EPA had wanted to list some forms of coal combustion waste, including ash stored in wet impoundments such as one that failed at a Tennessee Valley Authority plant, causing a massive spill and the impetus for the current regulatory effort, as hazardous while declaring waste that is beneficially reused in concrete as nonhazardous. However, the industry charges that even its potential declaration as hazardous would stigmatize its reuse.

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