On May 4, 2010, EPA released its proposals to regulate coal
combustion residuals (CCRs). After publication in the
"Federal Register", the public will have 90 days
to comment on these proposals.
EPA is co-proposing two options. The first option is to regulate
CCRs that are generated by electric utilities and independent power
producers under Subtitle C of the Resource Conservation and
Recovery Act (RCRA) as "special waste subject to regulation
under Parts 262 through 268 and Parts 270, 271 and 124" of
Title 40 of the Code of Federal Regulations. The second option is
to regulate CCRs as solid wastes under Subtitle D of RCRA.
According to EPA, it intends to regulate only CCRs generated by
electric utilities and independent power producers under either the
Subtitle C or the Subtitle D option. However, the Subtitle D
option, as drafted, would apply to all CCR, which is broadly
defined as all fly ash, bottom ash, boiler slag, and flue gas
desulfurization materials. In
