EPA officially opened their comment period on the federal regulation of coal ash under the Resource Conservation and Recovery Act (RCRA). The basic question posed by EPA during this comment period is whether toxic coal ash should be regulated as a hazardous waste under Subtitle C of RCRA or as a solid waste under Subtitle D. Really? Do we need a debate about this??? The very nature of coal ash is HAZARDOUS. Coal ash is riddled with heavy metals that are toxic to humans and the environment. For more information on the nature of coal ash and its impacts on the environment click here.

I sat through an hour and a half-long webinar hosted by EPA yesterday on the federal coal ash rule. The rulemaking experts (made up of economists, attorneys and engineers) at EPA presented on the federal rule and its costs vs. benefits yesterday.