Earlier this summer, EPA proposed to regulate coal ash for the first time to address the risks from the disposal of such wastes generated by electric utilities and independent power producers. 75 Fed. Reg. 35127 (June 21, 2010). Coal ash currently is exempt under RCRA but there are growing concerns about the environmental impacts of coal ash in landfills and surface impoundments following the December 2008 coal ash spill from the TVA's plant in Kingston, TN that flooded over 300 acres with coal combustion residuals.
At issue for EPA is whether or not to classify coal ash as hazardous waste or otherwise impose greater RCRA-like restrictions on how such materials are managed. EPA recently extended the public comment period until November 19, 2010.
Public hearings hosted by EPA, like the September 28th one held in Louisville, KY, create an open forum for discussion over the hotly contested waste status of coal ash. Environmental groups want coal ash regulated as hazardous waste. Most industry and trade groups oppose such classification concerned over the loss of recycling opportunities as well as the impact of such materials on existing waste disposal sites. The next public hearing will be held in Knoxville, TN on October 27th.
The latest developments on the waste classification status of coal ash can be seen at http://www.epa.gov/coalashrule.