Section of Environment, Energy, and Resources
Waste Management Committee - Newsletter Archive
Vol. 2, No. 2 - July 2000
Coal Ash Will Not Be Regulated as Hazardous Waste
Lisa Dowden
On April 25, 2000 EPA announced its decision that coal ash and other wastes produced by coal burning power plants would not be regulated as hazardous waste under RCRA Subtitle C. The Bevill Amendment originally exempted coal wastes, including fly ash, bottom ash, boiler slag and flue gas desulfurization wastes from Subtitle C regulation, pending preparation of a report by EPA. Most states currently treat these wastes as Subtitle D solid wastes. Many states regulate coal ash and related wastes as regular, non-hazardous wastes. Power plants produce about 100 million tons of coal ash per year.
EPA was under a court ordered deadline, and under pressure from utilities and environmentalists, to finalize its conclusions. Although EPA did not decide to treat the wastes as hazardous, it intends to develop regulations for disposal pursuant to notice and comment rulemaking. The EPA determination and request for information and comment can be found at 65 Fed. Reg. 32214 (May 22, 2000). Comments are due by September 19, 2000.
Lisa Dowden is a partner with Spiegel & McDiarmid in Washington, DC.
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