ash

The EPA only has limited authority to implement and enforce a Subtitle D nonhazardous waste rule, like the coal combustion residuals rule. As a result, EPA had to promulgate the standards as “minimum federal criteria” that states are encouraged to adopt as part of their Subtitle D programs (but EPA cannot actually require states to adopt or implement these requirements.) Nonetheless, the new minimum criteria do indeed serve as legal standards that an owner or operator of a coal combustion residuals disposal unit must meet.

The EPA’s new final rule marks a turning point in the handling of coal fly ash. EPA has tried to balance the needs of utilities with existing coal ash deposits and the needs of communities that are worried that such ponds will leak into waterways, or even worse, burst open and wreak havoc. In the process, it’s pleased few.