EPA Signs Consent Decree on Proposed Fly Ash/Coal Ash Rule

Late last month, EPA submitted to the District Court for the District of Columbia a consent order that requires EPA shall, by December 19, 2014, sign for publication in the Federal Register a notice taking final action on the Agency’s proposal to federally regulate coal ash disposal under the "non-hazardous" Subtitle D of the Resource Conservation and Recovery Act (RCRA). The order makes clear that it is not dictating the results of that action, but only that EPA must make a final decision regarding whether to pursue the Subtitle D option by a certain date (December 19, 2014). The consent decree leaves open the option for EPA to decide not to adopt the Subtitle D proposal and to instead pursue other options, including the "hazardous" Subtitle C option. EPA has indicated in a related rulemaking on Effluent Limitation Guidelines that the Agency’s "current thinking" is that a Subtitle D regulation will be appropriate.

NRMCA continues to support efforts to enact coal ash legislation that would establish a federal non-hazardous waste regulatory program, implemented by the states, for coal combustion residuals management. H.R. 2218, the Coal Residuals Reuse and Management Act of 2013, which would establish minimum state disposal requirements, passed the House on July 25, 2013, by a vote of 265 to 155.