In response to recent calls for new federal regulation of coal ash, the Environmental Protection Agency (EPA) has begun gathering data on coal ash management practices as a first step toward new ash management regulations for coal-fired utilities. Such regulations could include new structural stability requirements for ash ponds, as well as stricter ash management requirements.

EPA has twice determined that coal ash and materials from air pollution control equipment (collectively called Coal Combustion Products - CCPs) should not be considered – or regulated – as a hazardous waste. Most recently, in 2000 EPA published a final regulatory determination that fossil fuel combustion wastes, including CCPs, “do not warrant regulation as hazardous waste under RCRA [Resource Conservation and Recovery Act],” and that “the regulatory infrastructure is generally in place at the state level to ensure adequate management of these wastes.”

“Nothing about coal ash has changed since that ruling,” points out NRECA’s vice-president for environmental affairs Kirk Johnson. “NRECA believes coal ash is appropriately regulated, and opposes efforts to reclassify coal ash as hazardous waste.”

Classifying CCPs as hazardous wastes would effectively limit recycling efforts and commercial use of the material. Manufacturers currently use CCPs for a variety of purposes, including the production of gypsum (wallboard) and concrete. CCPs are also safely used in highway and building construction applications and as fill material. Several cooperatives have used coal ash in the construction of new cooperative buildings. Some bowling balls are made using coal ash.

By using CCPs these manufacturers reduce their need for raw materials. And by displacing raw materials, using coal CCPs also lowers the amount of carbon dioxide that would have been emitted in extracting and processing.

Within the current regulatory framework, states are responsible regulation of CCPs. In 2000, EPA determined that the regulatory infrastructure is generally in place at the state level to ensure adequate management of coal ash. Since that time, state regulations have become even more stringent and in 2008 state regulatory agencies reiterated the position that the states – not the federal government – should be responsible for the regulation of coal ash as a non-hazardous waste. State programs can be tailored to best take into account site-specific considerations, as they are able to account for local climate, geology, and hydrology.

The recent TVA spill proves accidents can happen; coal ash does need to be properly managed. Cooperatives are careful in their management of coal ash surface impoundments and their record of handling this substance for more than 30 years without incident is a testament to the adequacy of current safeguards.

“As stakeholders in their local communities, cooperatives consider themselves good stewards of the environment. We are confident that when EPA reviews cooperative management practices, their analysts will concur,” Johnson says.