Turn to the nation's most objective and informative daily environmental news resource to learn how the United States and key players around the world are responding to the environmental...
Dec. 3 --The Environmental Protection Agency has shifted its rulemaking on the management of coal ash to its “long-term action” list, meaning a final regulation is unlikely in the next 12 months unless a federal court intercedes.
Placing a regulation on the long-term action lists means the agency “does not expect to have a regulatory action within the 12 months after publication.”
A federal judge in October ordered the agency to submit a proposed schedule to complete its review and revision of coal ash regulations by Dec. 29, which could speed the regulation's promulgation (Appalachian Voices v. McCarthy, 2013 BL 299598, D.D.C., No. 12-00523, 10/29/13; 44 ER 3249, 11/1/13).
The EPA told Bloomberg BNA it is “working to comply with the court order” and would promulgate a final regulation on the management of the residue from coal-fired power generation “pending a full evaluation of all the information and comments received.”
In 2010, the EPA proposed regulating coal ash, currently an exempt waste, under either the hazardous waste provisions of Subtitle C of the Resource Conservation and Recovery Act or under the nonhazardous waste provisions of Subtitle D.
The agency said it “could be adequate” to regulate coal ash under Subtitle D in its April 2013 proposed rule on effluent guidelines from power plants (44 ER 1229, 4/26/13).
Thomas Adams, executive director of the American Coal Ash Association, told Bloomberg BNA moving the rule to the long-term action list likely means the agency will not finalize a regulation until 2015.
Adams said the move by the agency could also signify the White House would prefer for Congress to address coal ash management issues, rather than having the EPA complete its rulemaking.
The House passed legislation (H.R. 2218) July 25 that would grant the states the primary regulatory role over coal ash but would allow the EPA to step in if necessary. It is considered unlikely the Senate will take up a version of the legislation (44 ER 2214, 7/26/13).
Earthjustice, which represents the environmental plaintiffs in the lawsuit, and the Utility Solid Waste Activities Group, which represents the electric utility industry on solid and hazardous waste issues, were unavailable for comment.
To contact the reporter on this story: Anthony Adragna in Washington at email@example.com
To contact the editor responsible for this story: Larry Pearl at firstname.lastname@example.org
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)