WASHINGTON, D.C. — The U.S. Environmental Protection Agency announced on Friday the first national regulations regarding the disposal of coal combustion residuals –or coal ash– from coal-fired power plants and categorized the material as a other non-hazardous wastes.
According to the EPA, improperly constructed or managed coal ash disposal units have resulted in the failure of surface impoundments, damages to surface water, groundwater and the air. The first federal requirements for impoundments and landfills to address these risks include:
-The closure of surface impoundments and landfills that fail to meet engineering and structural standards and will no longer receive coal ash;
-Reducing the risk of catastrophic failure by requiring regular inspections of the structural safety of surface impoundments;
-Restrictions on the location of new surface impoundments and landfills so that they cannot be built in sensitive areas such as wetlands and earthquake zones;
-Protecting groundwater by requiring monitoring, immediate cleanup of contamination, and closure of unlined surface impoundments that are polluting groundwater;
-Protecting communities from fugitive dust controls to reduce windblown coal ash dust; and
-Requiring liner barriers for new units and proper closure of surface impoundments and landfills that will no longer receive CCRs.
“EPA is taking action to protect our communities from the risk of mismanaged coal ash disposal units, and putting in place safeguards to help prevent the next catastrophic coal ash impoundment failure, which can cost millions for local businesses, communities and states,” EPA Administrator Gina McCarthy said. “These strong safeguards will protect drinking water from contamination, air from coal ash dust, and our communities from structural failures, while providing facilities a practical approach for implementation.”
In response to comments received on the proposal, the final rule makes a number of changes by providing greater clarity on technical requirements for coal ash landfills and surface impoundments under Subtitle D of the Resource Conservation and Recovery Act, the nation’s primary law for regulating solid waste.
The rule requires power plant owners and operators provide detailed information to citizens and states to fully understand how their communities may be impacted. The rule also sets out new transparency requirements, including recordkeeping and reporting requirements, as well as the requirement for each facility to post specific information to a publicly-accessible website.
This will provide the public with information such as annual groundwater monitoring results, and corrective action reports, coal ash fugitive dust control plans, and closure completion notifications.
By not regulating coal ash as a hazardous material, the rule supports the recycling of coal ash.
First District Congressman David McKinley has been a part of the work which lead to Friday’s announced regulations and agreed with the EPA’s determination on how the material should be regulated.
“The decision not to regulate coal ash as a hazardous material means it can continue to be recycled and used in everyday products, such as concrete, bricks, and wall board,” he said.
In 2012, almost 40 percent of all coal ash produced was recycled, rather than disposed. Beneficial use of coal ash can produce positive environmental, economic and performance benefits such as reduced use of virgin resources, lower greenhouse gas emissions, reduced cost of coal ash disposal, and improved strength and durability of materials.
However, McKinely did not feel the regulation were clear enough, saying, “the EPA falls short of offering a functional regulatory system, fails to address key issues, and still leaves uncertainty for both industry and environmental groups.”
By putting coal ash in the disposal category it did, state and local governments are viewed as the “primary planning, regulating, and implementing entities” rather than the federal government.
For this reason, U.S. Senator-elect Shelly Moore Capito and U.S. Sen. Jim Inhofe, R-Okla., senior member of the Senate Environment and Public Works Committee, released a joint statement claiming the decision leaves states and the coal industry venerable.
“By regulating coal ash under subtitle D of EPA’s Resource Conservation or Recovery Act, the Administration is subjecting states and industry to citizen lawsuits. This places wealthy, left-wing environmental activist groups in the driver’s seat of enforcing this federal rule.”
They also claim the regulations will not be effective in achieving their goal.
“The rule has long been touted as a knee-jerk reaction from the Tennessee Valley Authority Kingston spill in December 2008, but today’s new mandate from EPA would not have prevented the TVA or other high-profile accidents.”
On December 22, 2008, 5.4 million cubic yards of piled, sodden ash broke loose from a containment area at the power plant’s facility, causing a geological slide that destroyed three homes, damaged others and the ash made it into the Tennessee River. The estimated cost of the cleanup is around $1 billion.
Environmental groups also voiced their displeasure after the release of the regulations.
Mary Ann Hitt, director of Sierra Club’s Beyond Coal Campaign said it is a step in right direction, but released a statement implying the regulations did not go far enough.
“We are disappointed that it allows utilities to continue disposing of coal ash in ponds and does not incorporate strong federal enforcement,” the statement read. “Today’s announcement still leaves people to largely fend for themselves.”
The EPA did include recommendations for state and local governments, including adopt the federal minimum criteria, revise Solid Waste Management Plans and submit these revisions to EPA for approval. A revised and approved SMWP will signal the EPA’s opinion that the state SWMP meets the federal criteria.