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EPA Options for the Federal Regulation of Coal Combustion Waste Lisa Evans Earthjustice October 22, 2010. The Problem. 141 million tons of coal ash generated annually in the U.S.
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EPA Options for the Federal Regulation ofCoal Combustion WasteLisa EvansEarthjusticeOctober 22, 2010
The Problem • 141 million tons of coal ash generated annually in the U.S. • Hazardous pollutants (arsenic, mercury, lead, etc) captured by CAA pollution control devices are transferred to the solid waste (CCR). • No federal regulation of CCR. State laws are inadequate. • Water contamination via mismanagement documented at 137 sites in 34 states. • Toxic leaching of coal ash poses high risk. People living near some unlined ash ponds have 1 in 50 chance of cancer.
Options for CCR Regulation under RCRA • Subtitle C: Regulation as a “special waste” with “cradle to grave” management requirements, including phase-out of ash ponds. • Subtitle D: Regulation of CCR as a nonhazardous waste with self-implementing requirements allowing operation of lined ash ponds. • Subtitle D Prime: Same as Subtitle D, with allowance for continued operation of unlined coal ash ponds. • Subtitle C Prime: Regulation as a hazardous waste with tighter timelines and requirements for closure of both ash ponds and unlined landfills.
