With names like “boiler slag” and “bottom ash,” it’s no wonder that anyone who has ever heard of coal ash, or the coal combustion residuals (CCRs) produced from burning coal, assumes they are the basest forms of pollution....more
Texas is now the third state with an approved CCR permit program. On June 28, 2021, the Environmental Protection Agency published the approval of the Texas Commission on Environmental Quality’s partial State Coal Combustion...more
On April 17, 2015, EPA issued the final coal combustion residuals (CCR) Rule (the 2015 CCR Rule), providing the first federal regulatory scheme for the disposal of CCR materials. The 2015 CCR Rule regulates only facilities in...more
Earthjustice on behalf of a number of environmental organizations sent a February 7th letter to United States Environmental Protection Agency (“EPA”) Administrator Andrew Wheeler styled...more
The United States Environmental Protection Agency (“EPA”) approved the Georgia Environmental Protection Division’s partial Coal Combustion Residuals (“CCR”) state permit program on January 10th. EPA approved the Georgia...more
The Coal Combustion Residuals (CCR) Rule, first issued in April 2015, regulates the disposal of coal ash in landfills and surface impoundments under Subtitle D of the Resource Conservation and Recovery Act. It provides...more
Some companies subjected to environmental enforcement or cleanup actions may believe others should take the blame or share in the costs. When environmental consultants have been involved, the finger can point in their...more
Recently, the use of coal has been most highlighted in the power production industry, although coal has been used for generations in many industries. For example, steel, paper, chemicals, and oil refining industries utilize...more
On September 24, 2018, in two separate decisions, the Sixth Circuit Court of Appeals found that coal ash wastewater that enters groundwater and eventually travels to navigable waters through the groundwater is not regulated...more
The huge unknown about President-Elect Donald Trump's energy plans is in electric power. Whatever he decides, with a unified Republican Congress behind him, he has the ability to shape federal electric policy in the coming...more
The EPA’s publication of a coal ash rule on April 17, 2015, did little to resolve the debate about the proper management of the material. Members of Congress have continued to push for legislation which would change...more
On January 10, 2015, Governor Snyder signed SB 891 into law, enacting revisions to Part 201 of the Natural Resources and Environmental Protection Act ("Part 201), Michigan’s environmental remediation law. The revisions cover...more
The U.S. Environmental Protection Agency (EPA) on December 19, 2014, issued a much anticipated and certain to be controversial final rule under the Resource Conservation and Recovery Act (RCRA) on the RCRA regulatory status...more
The U.S. EPA’s efforts to develop a new regulatory path for coal ash (“Coal Combustion Residuals” or “CCR”) by regulating the material either as a hazardous waste or as a solid but non-hazardous waste, are nearing a...more
Updating an ongoing issue related to options for new ash regulations, the U.S. House of Representatives passed the Coal Residuals Reuse and Management Act (H.R. 2218) on July 25, 2013. ...more