EPA Agrees to Issue Coal Ash Rules

As part of a settlement agreement related to a federal lawsuit, U.S. EPA this week agreed to take "final action" on coal ash waste disposal rules by Dec. 19, 2014. The lawsuit was initiated in 2012 by environmental groups that were pushing EPA to expedite a rulemaking on the issue. The Judge in the case directed EPA to come up with a timeline and the settlement announced this week fulfilled that directive. EPA did not indicate in the settlement whether it is planning to regulate coal ash as a hazardous or nonhazardous substance. EPA began work on a rule to regulate the disposal of coal ash following a December 2008 spill from an impoundment at a Tennessee Valley Authority (TVA) facility in Kingston, Tenn. The containment failure released approximately a billion gallons of coal ash sludge into the adjoining rivers and neighborhood and put a national spotlight on impoundment and disposal practices. AGC has been working to keep EPA from taking action to deem coal ash (including fly-ash) as hazardous. AGC submitted comments urging EPA to weigh the potential impacts of its regulatory options on the beneficial use of these materials and take into consideration the real environmental benefits of reusing these materials, as well as the lack of negative reports (i.e., alleged or proven damage cases) associated with the beneficial use of fly-ash in many construction applications including concrete and wallboard. AGC urged EPA to either rely on state requirements or establish non-hazardous waste requirements that protect the beneficial use of fly-ash in construction. AGC is also working in support of HR 2218 the “Coal Residuals Reuse and Management Act of 2013,” which was sponsored by Rep. David McKinley (R-W.Va.) and a bipartisan group of representatives. The legislation would prevent the EPA from regulating coal ash as a “hazardous” substance. The legislation would give states broad powers to regulate the disposal of waste from coal combustion as long as they follow minimum federal standards. HR 2218 has been reported from the House Commerce Committee and is pending floor action. Companion legislation has not yet been introduced in the Senate.