EPA needs to classify coal ash as hazardous

This May, the EPA proposed the nation’s first regulation over the disposal and management of waste from coal-fired power plants. When coal is burned, it leaves behind coal combustion wastes (CCWs), more commonly known as coal ash. Annually, we burn enough coal to produce130 million tons of waste. These CCWs are kept in impoundments and landfills where toxins can leak into groundwater. Structural failures of

these dams have happened before and caused the largest industrial hazardous waste spill in U.S. history.

Currently, CCWs are classified as non-hazardous and are regulated on the same level as domestic trash because of an amendment to the Resource Conservation and Recovery Act (RCRA). However, coal ash contains higher levels of mercury, arsenic, lead, and other dangerous heavy metals than soil. Heat in the summer bakes the ash into a powder that, when breathed, can destroy your lungs. Populations living near coal ash sites have reported higher rates of cancer and respiratory and neurological disorders. Water levels of sulfates near CCW detention ponds have tested 16 times higher than toxic levels.

Coal ash regulation is an environmental justice issue. People living in low-income areas, such as Alabama, have CCWs relocated and stored near them because they lack the legal means to prevent it.

The proposed regulation by the EPA has two options for regulating coal ash; both are under the RCRA. Subtitle D is for non-hazardous waste and where coal lobbyists believe CCWs should remain. Subtitle C would classify coal ash as a toxic substance and require much more regulation and control when disposed of.

I believe it is extremely important that the EPA classifies coal ash under Subtitle C. The risk to people’s health and the environment is too great. Disasters such as the Tennessee spill have shown that more protection is needed than coal companies are willing to provide on their own. The breaking dams, the polluted water, the high rates of deadly disease, and the subjection of the poor to live next to it all should be more than enough to encourage the EPA to take a stronger stance on CCW regulation.

The public comment period on this issue has been extended to November, 19. Comments (labeled Docket ID No. EPA-HQ-RCRA-2009-0640) can be emailed to docket@epa.gov or mailed in. It is extremely important that people urge the EPA to move coal ash under Subtitle C if anything is going to change for CCW management. All of the legalities of the proposal, including impact analysis, risk assessments, and more can be found here.