EPA Proposed Regulation of Coal Combustion Residuals (CCRs)
EPA CCR Resources |
On June 21, 2010, the U.S. Environmental Protection Agency published a proposal to regulate coal combustion residuals, including fly ash, under the Resource Conservation and Recovery Act (RCRA). CCRs came to national attention in late 2008, when an impoundment holding disposed waste ash failed in Tennessee. The EPA’s proposed regulations [full text of proposed regulation, summary of proposed regulation] would lead to stronger oversight of CCR impoundments, along with measures to prevent environmental damage and contamination of drinking water.
The EPA proposal calls for public comment on the two options being considered. The first option is drawn from enforcement powers available under Subtitle C of the RCRA, and creates a comprehensive program of federally enforceable requirements for management and disposal of “Special wastes.” The other option includes remedies under Subtitle D of the RCRA, which gives the EPA the authority to set performance standards for waste management facilities and would be enforced primarily through citizen suits. [See comparison of two options.] Under both approaches proposed by the EPA, the agency would leave in place the Bevill exemption for beneficial uses of CCRs, in which CCRs are recycled as components of products (including concrete) instead of placed in impoundments or landfills. Comments to the EPA must be received on or before November 19, 2010 (extended from previous deadline of September 20, 2010). Submit your comments, identified by Docket ID No. EPA-HQ-RCRA-2009-0640, through one of the methods listed on www.regulations.gov. This page contains links to educational materials concerning the use of fly ash in concrete, including the EPA's recent alternate proposals for regulating the handling and disposal of certain types of fly ash. EPA seeks comment on the likely effects of its proposals on the beneficial use of fly ash in concrete and other industries. Any opinions expressed in the documents contained here are solely those of the authors. ACI does not express a position on if or how EPA should regulate fly ash. Rather ACI encourages its members who use (or may use) fly ash to consider the information provided on this website to develop their own informed opinions on the likely effects of EPA's alternate proposals. ACI further encourages its members to communicate their informed opinions to EPA by filing comments in EPA's electronic docket. Fly ash photo courtesy of American Coal Ash Association. |
ACI Fly Ash Resources |
To encourage a robust dialogue on the most effective means to address the human health concerns and structural integrity issues associated with coal ash impoundments and landfills, the EPA has proposed two potential rules. Both options have advantages and disadvantages. EPA wants to ensure that the ultimate decision is based on the best available data and is taken with the fullest possible extent of public input.