September 1, 2010

Coal Ash Regulation: Playing the Name Game

By Angela Neville, JD

Environmental Groups Weigh In

In stark contrast to the industry groups’ position on the EPA’s proposed rule changes, leading environmental organizations strongly support regulating coal ash as a special waste under Subtitle C.

In a recent joint statement, the Natural Resources Defense Council, the Sierra Club, the Environmental Integrity Project, and other groups said, “The EPA’s ‘special waste’ proposal is the only way to guarantee the closure of the most dangerous waste ponds; ensure strong federal oversight and cleanup of contaminated streams, rivers and drinking water supplies; and protect communities across from the country from coal ash contamination.”

Recent Legislative Hearing

On July 22, a hearing was held by a U.S. House of Representatives subcommittee to examine what impacts the proposed changes to the current laws governing the beneficial use of coal ash would have on small businesses.

During the hearing, Rep. Heath Shuler (D-N.C.), a subcommittee chairman, commented that he is a proponent of creating a new national coal ash standard because small businesses stand to lose a great deal if the material is regulated as a hazardous waste.

“Small businesses involved in the recycling, handling, and transportation of coal ash stand to suffer serious economic harm if the EPA doesn’t get this right,” Shuler said. “I agree that we need strong and enforceable regulations at the federal level for coal ash storage and disposal. I want to work with EPA on a solution to provide better environmental protection without the economic damages of regulating coal ash like a hazardous waste—when it really isn’t.”

He stated that he is currently preparing legislation to help address recycling entrepreneurs’ concerns.

Creating a New Customized Standard

Coal ash waste needs to be regulated under a pragmatic new federal standard that addresses its unique properties without stigmatizing all recycling applications of the material. A specifically tailored standard for coal ash could give the EPA enforcement powers over coal ash management practices that would protect human health and the environment while also promoting the beneficial use of coal ash without the liability exposure of labeling the waste as hazardous.