RCRA

Splitting the Difference on Coal Ash

Industry wins exemption for ‘beneficial use’ but faces tighter rules on impoundments and landfills.

The EPA only has limited authority to implement and enforce a Subtitle D nonhazardous waste rule, like the coal combustion residuals rule. As a result, EPA had to promulgate the standards as “minimum federal criteria” that states are encouraged to adopt as part of their Subtitle D programs (but EPA cannot actually require states to adopt or implement these requirements.) Nonetheless, the new minimum criteria do indeed serve as legal standards that an owner or operator of a coal combustion residuals disposal unit must meet.

From Coal to Gas

Regulatory and environmental challenges for power plant conversions under the EPA’s Clean Power Plan.

Converting a power plant from coal to natural gas triggers a host of environmental challenges and regulatory issues. Operators could be trading one set of regulatory obligations, liabilities, and costs for another, equally problematic, set of liabilities and costs.

Regulatory Gordian Knot

EPA’s new water, waste, and air regulations complicate power plant compliance.

New environmental requirements under the Clean Water Act (CWA) will add to the already complex burden of compliance for power plants. As the Environmental Protection Agency moves forward with cooling water and effluent standards, utilities and generators will have to deal with overlapping rules and conflicting policy goals.

EPA's Winding Road

How we got here and what to expect.

New air quality regulations, including the Cross-State Air Pollution Rule, have prompted substantial investments in emission control upgrades. But a series of additional standards—for mercury, toxins, cooling water and ash residue—are driving delays and shutdowns in the coal-fired power fleet. Investment decisions depend on a clear understanding of where EPA is headed, and how the new regulations will affect generators’ costs—and market prices.

Life After Yucca

Reviving hope for spent-fuel storage.

With Yucca Mountain declared dead, America’s nuclear power industry needs new solutions for managing spent fuel. Although the task is complicated, examples of siting success provide hope that a collaborative approach can close the nuclear fuel cycle.

Perspective

Efforts to site new facilities for the disposal of hazardous waste (HW) and radioactive waste have met with utter paralysis. HW disposal companies have spent hundreds of millions of dollars trying to site new landfills and incinerators for this waste, but most of this money has gone down the drain. Since the enactment of the chief federal law on HW, the Resource Conservation and Recovery Act of 1976 (RCRA), only one new HW landfill has opened on a new site in the United States (in prophetically named Last Chance, CO).