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By Richard G. Stoll (March 12, 2015)
The draft final Coal Combustion Residual Rule signed in December 2014 by EPA Administrator Gina McCarthy defers defining the economically useful material as either hazardous or non-hazardous solid waste under the Resource Conservation and Recovery Act. Richard Stoll of Foley & Lardner LLP discusses the events leading to the rule—the 2008 collapse of an impoundment dike at the Tennessee Valley Authority Kingston, Tenn., power plant—and the efforts by the EPA to develop a rule to address the results of the spill while allowing coal combustion residue to continue to be used as an industrial material without the stigma of a hazardous waste designation. Stoll argues the uncertainties in the draft rule simply will lead to a new round of rulemaking unless Congress intervenes.
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