June 17, 2010

New EPA Coal Ash Rules: Understanding the Options

On May 4, the U.S. Environmental Protection Agency announced for comment the first-ever federal rule to ensure the safe disposal and management of coal ash from coal-fired power plants. The rule requires protective controls and oversight at landfills and surface impoundments, and is intended to promote environmentally safe and desirable forms of recycling coal ash. The proposal suggests two approaches for addressing coal ash management risks under the Resource Conservation and Recovery Act (RCRA). One would classify coal ash as nonhazardous waste, which may help promote recycling and keep storage costs lower. The second approach would classify coal ash as "special waste," requiring measures to minimize health risks from heavy metals and other contaminants. The panel will discuss the background and features of the rule, possible benefits and drawbacks of each option, and the role of recycling.

Panelists:
Joshua R. More, Partner, Schiff Hardin LLP(moderator)
Eric Schaeffer, Executive Director, Environmental Integrity Project
Betsy Devlin, Associate Director, Materials Recovery and Waste Management Division, US EPA
Jim Roewer, Executive Director, Utility Solid Waste Activities Group (USWAG)

Additional Materials:
Coal Combustion Residuals Proposed Regulations: Betsy Devlin's Presentation
Coal Combustion Residuals: EPA Chart
mp3 recording