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Tag: Coal ash

Jan 15, 2020

Coal Ash Permit Rule to Target “High Hazard” Sites

The EPA has proposed a rule that would require only “high hazard” coal ash disposal sites to seek permits immediately under its Resource Conservation and Recovery Act (“RCRA”) rule establishing a nationwide permit program for disposal facilities.  Other, less high priority sites will have permitting requirements deferred to an unspecified point in the future.  The EPA’s program will apply in all states other than those authorized to administer their own programs.  So far, only two states have received approval from the EPA to administer the programs – Oklahoma and Georgia.  Under the nationwide rule, there will be three types of… Read more

Oct 24, 2018

Increased Regulation Coming for Coal Ash

Coal Ash

The decision of the U.S. Court of Appeals for the District of Columbia Circuit on August 21 in Utility Solid Waste Activities Group (USWAG), et al v. EPA, No. 15-1219, likely will lead to more stringent regulation of coal ash disposal at both active and inactive power plants.  In a per curiam opinion, the D.C. Circuit agreed with challenges asserted by environmental plaintiffs that the Obama-era coal ash rule did not establish stringent enough controls on coal ash disposal and management.  The Court ruled that EPA’s failure to require protective measures for coal ash disposal sites without composite liners, and… Read more