New coal ash regulations issued by the Environmental Protection Agency (EPA) in December, 2014 classify coal ash as solid waste, rather than hazardous waste. [“Docket No. EPA-HQ-RCRA-2009-0640”]. This classification allows for less stringent storage and disposal requirements for coal ash than a hazardous waste classification requires. It also means that each state will be responsible for enforcing the EPA regulations. Coal ash, a byproduct of burning coal for power production, had never been federally regulated before the EPA rules were announced in December.
The EPA regulations are intended to prevent coal ash impoundment failures, thus preventing drinking water and air contamination. The rules pertain to new and existing coal combustion residuals (CCR) surface impoundments and landfills. The regulations impose specific requirements for:
- Structural design of CCR surface impoundments;
- Groundwater monitoring and corrective action of contamination;
- Landfill and surface impoundment location restrictions;
- Landfill and surface impoundment liner criteria;
- Operating criteria;
- Record keeping, notification, and Internet posting.
To view the EPA Fact Sheet: Final Rule on Coal Combustion Residuals Generated by Electric Utilities, click here.
While coal burning utilities were generally pleased with the EPA’s decision to classify coal ash as solid waste rather than hazardous waste, many have raised concerns that the EPA has left the door open for coal ash to be reclassified as hazardous in the near future. The EPA regulations also require public disclosure of information regarding coal ash ponds which many believe would invite lawsuits. Republican members of the House Representatives responded to these concerns on March 12, 2015 with draft legislation that would amend the rule issued by the EPA last December.
The proposed bill, sponsored by Rep. David McKinley (R-W.Va.), is intended to add certainty to the EPA’s coal ash classification, and protect utilities as well as the environment and public health. If approved, the new legislation would allow states to adopt and enforce the EPA standards, and would allow the EPA to implement enforcement programs in states that are not in compliance. The proposed bill also seeks to mitigate the risk of lawsuits filed by citizens, by not requiring power companies to provide the public with information regarding coal ash ponds.
To read an overview of the proposed legislation, The Improving Coal Combustion Residuals Regulation Act of 2015, click here.
Philadelphia Environmental Lawyers at Michelman & Bricker, P.C. Provide Legal Advice Regarding Current Environmental Regulations
Manufacturers and utilities that produce coal ash are advised to consult with a knowledgeable Pennsylvania environmental law firm to ensure that their facilities are in compliance with current regulations. Philadelphia environmental lawyers at Michelman & Bricker, P.C. provide legal advice regarding EPA regulation compliance. Our skilled environmental attorneys aggressively defend companies facing environmental lawsuits when necessary. Contact the Philadelphia law firm of Michelman & Bricker, P.C. online or call 215-557-9440. Our offices are located in Philadelphia, Pennsylvania and Cherry Hill, New Jersey and we represent professionals in all of their legal needs throughout Pennsylvania and New Jersey.