Industry wins exemption for ‘beneficial use’ but faces tighter rules on impoundments and landfills.
Kenneth Kastner is a partner in the Washington, C.C. office of Hogan Lovells. Kastner served previously as assistant general counsel of the Chemical Manufacturers Association, now known as the American Chemistry Council. Also, the author participated in the lawsuit that forced the U.S. Environmental Protection Agency to complete its final rule on coal ash by mid-December of last year, and was involved in the rulemaking and related legislative initiatives.
The opinions expressed are those of the author(s) and do not necessarily reflect the views of the firm, its clients, or Portfolio Media Inc., or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.
On December 19, 2014, the U.S. Environmental Protection Agency (EPA) placed on its website a controversial new rule on how coal ash is regulated when disposed in wet surface impoundments and dry landfills.1 The final rule comes in direct response to a retaining wall that failed at a coal ash impoundment at the Tennessee Valley Authority ("TVA") Kingston, Tennessee power plant in 2009, and more recently, a coal ash impoundment release at a Duke Energy power plant in North Carolina, both allowing tons of coal ash to run across neighboring property and into waterways.2