Coal Ash Proposed Rule

Pre-publication proposal released 5/4.

Coal Combustion Residuals Industrial Waste US EPA


E-mail from EPA to Grant regarding proposed rule's applicability to other fuel residues:


From: Livnat.Alexander@epamail.epa.gov [mailto:Livnat.Alexander@epamail.epa.gov]
Sent: Monday, May 10, 2010 1:15 PM
To: Grant Rodway
Cc: Souders.Steve@epamail.epa.gov
Subject: Re: Clarification on the Definition of CCR in the Proposed Rule to Regulate CCR Under RCRA

Mr. Rodway,

Your conclusion about the narrow definition of FFCs, to the effect that 'Waste from the combustion of oil, natural gas, and petroleum coke would not be subject to this proposed rule" is correct. This goes back to the May 2000 Regulatory Determination on Wastes from the Combustion of Fossil Fuels (http://www.epa.gov/fedrgstr/EPA-WASTE/2000/May/Day-22/f11138.htm) where we said that fossil fuel combustion wastes do not warrant regulation under subtitle C: "The Agency has concluded that no additional regulations are warranted for coal combustion wastes that are used beneficially (other than for minefilling) and for oil and gas combustion wastes (emphasis added)....However, EPA has also determined national regulations under subtitle D of RCRA are warranted for coal combustion wastes when they are disposed in landfills or surface impoundments...". This is the reason why since the 2000 Regulatory Determination we have focused on coal combustion wastes/residuals.

Regards,

Alex Livnat, Ph.D
Materials Recovery and Waste Management Division
Office of Resource Conservation and Recovery
US EPA (MC: 5304P)
1200 Pennsylvania Ave, NW
Washington, DC 20460-0001
Tel: (703) 308-7251
Fax: (703) 605-0595
Email: livnat.alexander@epa.gov