• EPA Releases Dual Proposal to Regulate CCR under RCRA
  • June 2, 2010 | Author: Eleni Skoulikas Kouimelis
  • Law Firm: Winston & Strawn LLP - Chicago Office
  • On May 4, 2010, the Environmental Protection Agency (EPA) released two alternative proposals to regulate the disposal of coal combustion residuals (CCR)—fly ash, bottom ash, boiler slag, and flue gas desulfurization materials that are generated from processes intended to generate power—under the Resource Conservation and Recovery Act (RCRA). Both proposals would regulate CCR only from electric utilities and independent power producers intended for disposal in landfills and surface impoundments; neither would regulate CCR intended for beneficial reuse. EPA appears to favor the first proposal, supported by environmental groups, under which CCR destined for disposal in landfills or surface impoundments would be listed as a “special” waste subject to the strict regulatory controls of Subtitle C, which typically apply only to hazardous waste. Under the second proposal, EPA would regulate CCR as a non-hazardous waste subject to the less restrictive regulatory controls of Subtitle D. Both proposals would increase compliance costs and litigation risks facing the electric utility industry and independent power producers. Thus, the electric generation industry should be preparing now for the costly and complicated regulatory regime governing the disposal of CCR that is sure to be imposed in the near future.