Bill Penny
Bill Penny

Bill Penny is a Member in the Nashville office of Stites & Harbison. He is a member of the firm's Environmental, Natural Resources and Energy Service Group as well as the Green Industry Practice Group. Bill has more than 25 years experience in environmental law. You can contact him at william.penny@stites.com or by phone at 615-782-2308.

Martin Corinne
Corinne Martin

Corinne Martin is an Associate in the Nashville office of Stites & Harbison. She is a member of the Environmental, Natural Resources & Energy Service Group, the Green Industry Practice Group, and the Business Litigation Service Group. cmartin@stites.com or by phone at 615-782-2218.

waste

EPA Announces Public Hearings for Coal Ash Proposed Rules

08.19.10 10:22 AM
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The U.S. Environmental Protection Agency (EPA) announced today that it is hosting seven public hearings on the agency’s proposal to regulate the disposal and management of coal ash from coal-fired power plants.  EPA’s proposal is the first-ever national effort to regulate the disposal and management of coal ash from coal-fired power plants. 

Each hearing will begin at 10:00 a.m. and continue until 9:00 p.m. with a break at noon and 5:00 p.m. local time. The hearings will continue past 9:00 p.m. if necessary.  People who wish for a guaranteed slot to speak must register no later than three business days before each hearing.  Additionally, walk-ins and written comments will be accepted at each hearing. The agency will consider the public’s comments in its final decision. 

As described elsewhere in this blog, EPA's preferred approach was the Subtitle C approach.  Coal Combustion Residuals (CCRs) were to be managed and disposed of in the same manner as Subtitle C RCRA hazardous waste.  Coal combustion products beneficially used would be exempt.  To avoid the stigma of beneficially using a hzardous waste EPA proposed calling it "Special Waste."  The other approach is to require that disposal facilities meet RCRA subtitle D criteria, with regulation and enforcement left to the states or to citizen suits.  The actual cost to the utilty industry is astronomically higher with the Subtitle C approach, but EPA claims the overall benefit favors that approach.

The hearings are scheduled as follows:

August 30:        Hyatt Regency, 2799 Jefferson Davis Highway , Arlington , Va
September 2:    Grand Hyatt, 1750 Welton Street , Denver , Colo.
September 8:    Hyatt Regency Dallas , 300 Reunion Boulevard , Dallas , Texas  
September 14:  Holiday Inn Charlotte (Airport), 2707 Little Rock Road , Charlotte , N.C.  
September 16:  Hilton Chicago, 720 South Michigan Avenue , Chicago , Ill.
September 21:  Omni Hotel, 530 William Penn Place , Pittsburgh , Pa.
September 28:  Seelbach Hilton, 500 Fourth Street , Louisville , Ky.

To pre-register to speak at the hearings, call (703) 308-8429 or sign up online at
http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/ccr-rule/ccr-form.htm



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