The US EPA has narrowed it’s potential and increased regulation of coal ash to two options. They are currently seeking public comment on two proposals.
Proposal A
The regulations would reverse previous Bevill exemptions and determinations and categorize coal ash as ‘special’ waste under Subtitle C of RCRA when coal ash is destined for landfills or surface impoundments. See note below on description of Sub C. Proposal A has contradictions by identifying the waste as ‘special waste’, this description is most commonly found in Sub D, not Sub C
Proposal B
This regulation would leave Bevill regulations in place and regulate under Subtitle D of RCRA issuing National Minimum Criteria for oversight when destined for disposal in surface impoundments or landfills.
Both seek to establish dam and facility safety requirements that address structural integrity to prevent catastrophic failures
What are the exemptions relative to PCI producer members
Both proposals will exclude regulations for the use of coal ash in beneficial re-use applications such as those associated with the production of concrete at this time. The EPA’s position is that they do not want to ‘inhibit or eliminate the significant and measurable environmental and economical benefits derived from the use of this valuable without a demonstration of an environmental or health threat”. However, they are clarifying this determination and seeking comments on potential refinements for certain beneficial uses.
However, The EPA has received public comments and proposals to regulate coal ash under both Sub D and Sub C, but those proposals did not contain adequate facts or sufficient data to compel the EPA to reverse any decisions. One could argue industries that compete with PCI members were behind these proposals. IE-Steel, Wood, EFIS, Stucco, etc
PCI members are encouraged to submit comments— E-mail: Comments may be sent by electronic mail (e-mail)
to rcra-docket@epa.gov, Attention Docket ID No. EPA-HQ-RCRA-2009-0640.
In contrast to EPA’s electronic public docket, EPA’s e-mail system is
not an “anonymous access” system. If you send an e-mail comment
directly to the Docket without going through EPA’s electronic public
docket, EPA’s e-mail system automatically captures your e-mail address.
E-mail addresses that are automatically captured by EPA’s e-mail system
are included as part of the comment that is placed in the official
public docket, and made available in EPA’s electronic public docket.
