EPA Considers Regulating Coal Ash as Hazardous Material

By Jim Burress

Atlanta, GA – More than a year after a massive coal ash spill devastated Kingston, Tennessee and surrounding areas, the federal government is considering changes to how it regulates waste from coal-fired power plants. Any change could have a major effect on existing ash here in Georgia. WABE's Jim Burress reports.

The EPA is considering two options. One would treat coal ash as hazardous material, in which case the federal government would develop stringent disposal rules. The other would classify coal ash as simple, solid waste similar to how it's treated now. That concerns Justine Thompson, an environmental attorney and executive director of Atlanta-based GreenLaw.

"The differences between the proposals are actually very stark," said Thompson. "One would actually move us in the right direction. The other would maintain status quo."

Thompson says the Kingston disaster represented a turning point, proving that coal ash disposal needs stringent regulation. Labeling it as hazardous waste, Thompson says, is the only way to ensure that happens. "Coal ash waste is indeed hazardous waste," she said.

But Jeff Wilson, spokesman for Georgia Power, disagrees.

"We do not believe coal ash should be classified as hazardous waste," Wilson said. He adds that the EPA has visited the issue several times over the past few decades, and each time comes to the same conclusion.

"Based on EPA's own studies, over the past twenty years or so, their studies show it should not be classified as a hazardous waste," said Wilson.

Any change would have a major effect on the utility's 10 coal ash disposal facilities across the state--including at least two near metro Atlanta. Wilson says company executives are still reading through the EPA's 562-page proposal. He doesn't know how much a change in regulation might cost, or how long it would take to implement.

If the EPA regulates coal ash as hazardous waste, enforcement would fall to the Georgia Environmental Protection Division.

Meanwhile, a 90-day public comment period will open as soon as the final proposal is published in the Federal Register.

Jim Burress, WABE News.