EPA Proposes Coal Ash Regulations

With almost 900 ash-containing landfills nationwide, the proper disposal of coal ash was a problem that could be avoided no longer.

Early last week, the Environmental Protection Agency finally announced a new proposed set of regulations on coal ash, the first time this by product is being nationally regulated.  The main concern with this coal power plant after product lies in its contents of potentially hazardous contaminants, such as mercury, arsenic, and cadmium.  Because the ash is commonly stored in liquid form, seepage of these heavy metals into groundwater has been a concern that the EPA is working to eliminate.  EPA administrator Lisa Jackson said, “The time has come for common-sense national protections to ensure the safe disposal of coal ash.  We’re proposing strong steps to address the serious risk of groundwater contamination and threats to drinking water and we’re also putting in place stronger safeguards against structural failures of coal ash impoundments. The health and the environment of all communities must be protected.”

Despite its desire to control the waste material, the EPA has yet to decide on the final course to pursue, which are open to public comment for 90 days.  The first option is drawn from the Resource Conservation and Recovery Act (RCRA) which would create an extensive program of federally enforceable requirements.  The second option, drawn from another part of the RCRA, would create standards for the proper waste management and would be primarily enforced through civil lawsuits.  The EPA has published a comparison of the two options for public review.

Fortunately, in order to keep from alienating support in industry, the EPA announced that it will leave the Bevill exemption in place under the new rules.  This exemption allows different industries to recycle the ash into other useful products that do not present health hazards.  The assistant administrator of the office overseeing the regulations, Mathy Stanislaus said, “EPA supports the legitimate beneficial use of coal combustion residuals.  Environmentally sound beneficial uses of ash conserve resources, reduce greenhouse gas emissions, lessen the need for waste disposal units, and provide significant domestic economic benefits. This proposal will clearly differentiate these uses from coal ash disposal and assure that safe beneficial uses are not restricted and in fact are encouraged.”

The long awaited rules are definitely a step in the right direction and fortunately the legitimate, beneficial uses of the waste material are preserved.

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