EPA Announces New Coal Ash Proposal
On May 4, 2010, the U.S. Environmental Protection Agency announced plans to regulate coal ash wastes.
Release of coal ash to Tennessee River in December 2009.
EPA is seeking public comments on two proposed plans for ensuring for the safe storage, use and containment of coal ash wastes. These two options: regulation of coal ash as a hazardous waste under Subtitle C of the Resource Conservation and Recovery Act (RCRA) or regulation of coal ash as a non-hazardous waste under subtitle D of RCRA, follow very different paths with different regulatory provisions, enforcement actions, correction plans, permitting requirements and implementation approaches. While it may take longer to implement, regulations under Subtitle C, it would take a desired step toward protecting our River from the toxic metals in coal ash wastes by "effectively phasing out" the use of coal ash ponds and providing a regulatory framework for federal and state enforcement, corrective oversight, permitting and closure requirements. EPA's other option, regulations under Subtitle D, would leave corrective actions and closure requirements as self-implemented actions taken by the coal ash pond owners. Although regulations under Subtitle D could be implemented sooner than regulations under Subtitle C, regulations under Subtitle D would leave enforcement actions primarily up to citizen lawsuits, similar to many Clean Water Act violation cases.
Our Catawba River - our drinking water supply - deserves absolute assurances that the four coal ash ponds along its banks will be cleaned-out, lined, monitored and closed for usage as soon as possible. During this pending 90-day comment period, CRF will provide full comments to the EPA in support of regulations that ensure these absolute protective measures for our River. The Catawba is no place for the discharge and dangers of coal ash wastes. Mountain Island Lake is a drinking water reservoir, not an ash tray!
These regulations can have a profound impact within our Catawba River basin, and CRF will continue to update you regarding these regulations as they are further vetted and discussed.
To see a chart of the differences between these two proposed options, click here.
To download and read the 563-page proposed rule, click here.
To read today's full announcement from U.S. EPA, click here.
For links to more information about coal ash see below:
- Round 1 of the EPA "Coal Ash Bowl" Goes to Big Coal
http://www.huffingtonpost.com/matt-wasson/round-1-of-the-epa-coal-a_b_564464.html - http://www.erosioncontrol.com/the-latest/epa-coal-ash.aspx
- Is coal ash hazardous waste, or isn't it? - Creative Loafing
