• EPA Issues Proposed Federal Regulations Environmental on Coal Ash
  • July 28, 2010 | Authors: Karim A. Abdulla; Frank V. Bifera; Richard R. Capozza; Thomas A. Carnrike; Jeffrey W. Davis
  • Law Firms: Hiscock & Barclay, LLP - Buffalo Office ; Hiscock & Barclay, LLP - Albany Office ; Hiscock & Barclay, LLP - Syracuse Office
  • On June 21, 2010, the U.S. Environmental Protection Agency (“EPA”) released its proposed federal regulations (“Proposed Rule”) on the disposal and storage of coal ash. See Hazardous and Solid Waste Management System, 75 Fed. Reg. 35, 128-35, 264 (June 21, 2010). Currently, coal ash is considered an exempt waste under a 1980 amendment to the Resource Conservation and Recovery Act (“RCRA”). Public awareness of the potential environmental concerns from coal ash was raised as a result of the December 2008 failure of the coal ash surface impoundment at the Tennessee Valley Authority's plant in Kingston, Tennessee, which flooded more than 300 acres of land and water with coal ash. In response, EPA is proposing to regulate coal ash under RCRA for the first time in order to address the risks posed by coal ash handling and disposal.