Cleanup Of 'Legacy' Coal Ash Sites Remains As Unresolved Issue For EPA

摘要

A national power industry group is rejecting environmentalists' suggestions that EPA embrace a novel theory that would allow regulation of "legacy" coal ash sites under its upcoming Resource Conservation Recovery Act (RCRA) disposal rule, framing what may be one of the last major battles over the pending measure. While environmentalists recently agreed to an industry suggestion for EPA to use novel RCRA enforcement authority that will allow the agency to regulate coal combustion residuals (CCR) as a "solid waste," the preferred approach of states and industry groups, they said that approach could be an acceptable "minimum" for an ash policy if EPA also addresses disposal at "legacy" sites that no longer receive the material. But in a July 27 response, the Utility Solid Waste Activities Group (USWAG) - while welcoming advocates' turnaround on the "solid waste" question - charged that EPA lacks RCRA authority to require cleanup at legacy sites and said it has no interest in negotiating over the inclusion of legacy sites in the rulemaking.