EPA representative: Coal ash could be regulated

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May 7, 2009

Anonymous The Daily Independent Thu May 07, 2009, 07:47 AM EDT

LEXINGTON — An Environmental Protection Agency representative is telling energy industry officials to expect regulations on how to handle ash from coal-fired power plants.

That could include classifying coal ash as hazardous waste, the EPA official said. Matt Hale, director of the EPA's Office of Solid Waste and Emergency Response, spoke Tuesday at the World of Coal Ash conference in Lexington.

The gathering attracted more than 500 people from 21 countries to discuss how to manage the waste, which includes arsenic and other heavy metals, The Courier-Journal reported. The U.S. produces 125 million tons of the ash each year.

Coal Ash came under scrutiny after a massive spill in eastern Tennessee in December. The spill spread 5.4 million cubic feet of ash sludge from a Tennessee Valley Authority power plant across 300 acres.

"The catastrophe at TVA changed the discussion and focused the discussion," Hale said.

Industry officials argue against a hazardous waste classification for coal ash, saying it would greatly increase disposal costs for companies and customers. They said it would also place an undue stigma on growing efforts to find commercial uses for ash, such as in concrete.

Thomas Adams, executive director of the coal ash association, said the coal industry is willing to phase out storing ash in ponds, many of which have no special liners to protect groundwater. He said the industry would also likely not oppose some form of national ash-disposal standards.

"We clearly are going to have national regulations," Hale said. He said the EPA hopes to have a proposal by the end of the year.

A high-profile environmental lawyer, Tom FitzGerald, spelled out some reservations he had over classifying coal ash as a hazardous waste. There isn't enough room in the nation's hazardous-waste landfills to handle all the ash, he said.

FitzGerald, director of the Kentucky Resources Council, said the result could be years of litigation over questions of ash toxicity.

"You can get to the same end result without provoking legal challenges," he said.

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