EPA Doubts Enforcement Power To Address Coal Ash Under Subtitle D

摘要

Top EPA officials are raising doubts on whether the agency has authority to bring enforcement actions at coal ash disposal sites in the event the agency's upcoming coal ash waste rule delegates authority to states to implement disposal standards under the weaker "solid" waste provisions of the Resource Conservation and Recovery Act (RCRA), which most states and industry groups favor. The agency's doubts are prompting concerns from state officials and some lawmakers, who fear the agency will be forced to create additional federal requirements that states will have to implement in parallel to any state rules, or even craft the rules under stricter RCRA provisions governing "hazardous" wastes.