EPA has informed a federal district court that it will not be able to finalize the rule on coal ash within six months and requested an additional year. There has been pressure from both the environmental groups and the users of coal ash to settle this matter. The agency’s original proposal outlined two options for regulation: one approach would regulate coal ash as a “hazardous waste” under Subtitle C of the Resource Conservation and Recovery Act, while the other approach would involve regulating coal ash as a nonhazardous waste under RCRA Subtitle D. There has been separate activity in Congress on this subject. The House of Representatives passed bipartisan legislation that would establish a state permitting program for coal ash and prescribe certain requirements that would apply to all disposal sites. There is bipartisan sponsorship in the Senate but the sponsors have not been able to move the rule along to a vote.

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• McIlvaine

• Coal

• Regulation

• Article