Coal Combustion Residue (CCR) Regulation Status Update

***
These outlines were made available as part of an audio presentation through Law Seminars that Grant and I participated in. A few highlights of the presentation:

• It is fairly certain that EPA will not issue a final rule this year. There is speculation that a final rule won't be released before next year's elections and EPA is considering requesting further public input.
• The House Energy and Commerce Committee is currently considering a bill that would short circuit EPA's efforts, prohibit any rule listing CCR as hazardous waste, and allow states to regulate the material. Here's a recent news article about the bill. 
• There is a great deal of pressure for legislative intervention because the power and CCR industries don't feel a hazardous designation would be at all workable, because the pervasive and apparently unending uncertainty is causing significant problems with planning for current and future disposition of CCR, and because the utilities are faced with an onslaught of new environmental regulations that could result in requirements for large capital expenditures.
• One of the presenters noted that those pushing for hazardous regulation are largely environmental groups opposed to coal-fired power and industries that compete with CCR for its various beneficial uses. On the other hand -- according to him -- there is overwhelming opposition to a hazardous waste determination.
• It was noted that the technical disposal requirements between the two options (RCRA Subtitle C, hazardous, or D, nonhazardous) are slight. The main reason EPA favors the Subtitle C option is that they would be responsible for enforcement rather than the states--not the case for the Subtitle D option and current regulation.

___