EPA Options for the Federal Regulation of Coal Combustion Waste Lisa Evans Earthjustice October 22, 2010

The Problem 141 million tons of coal ash generated annually in the U.S. Hazardous pollutants (arsenic, mercury, lead, etc) captured by CAA pollution control devices are transferred to the solid waste (CCR). No federal regulation of CCR. State laws are inadequate. Water contamination via mismanagement documented at 137 sites in 34 states. Toxic leaching of coal ash poses high risk. People living near some unlined ash ponds have 1 in 50 chance of cancer.

Options for CCR Regulation under RCRA Subtitle C: Regulation as a “special waste” with “cradle to grave” management requirements, including phase-out of ash ponds. Subtitle D: Regulation of CCR as a nonhazardous waste with self-implementing requirements allowing operation of lined ash ponds. Subtitle D Prime: Same as Subtitle D, with allowance for continued operation of unlined coal ash ponds. Subtitle C Prime: Regulation as a hazardous waste with tighter timelines and requirements for closure of both ash ponds and unlined landfills.

COMPARISON OF REGULATORY REQUIREMENTS Subtitle C Prime Subtitle C Subtitle D Subtitle D Prime Requirements mandatory for states √ Regulations enforceable by EPA Solid waste permits Requirements for storage and transport Phase out surface impoundments RCRA facility-wide inspections RCRA facility-wide corrective action Financial Assurance Continued operation of unlined surface impoundments Phase out unlined and clay-lined landfills Phase out surface impoundments within 3 years Remove all CCR from surface impoundments and clean close Monitor and remediate, as necessary, all off-site CCR fill/disposal sites Install air monitoring at disposal sites Prohibit unencapsulated use of CCR until EPA determines use is safe

Economic Impact According to RIA Subtitle C “Special Waste” Subtitle D Subtitle “D prime” Regulatory Compliance Costs: *Reduction in cost based on EPA’s estimate of percent of noncompliance 1. Engineering controls costs 100% 48%* 2. Ancillary costs 3. Dry conversion costs 40% 0% Regulatory Benefits: Reduction in benefits based on failure to monitor and take timely action to address contamination** or on continued operation of waste ponds*** 1. Groundwater contamination prevention benefits: Groundwater remediation costs avoided 48%** 30%** Monetized value of human cancer risks avoided 2. Impoundment structural failure cleanup costs avoided 45%*** 23%***

Timeline for Compliance EFFECTIVE DATE OF REGULATIONS (Assuming final rule published Jan 2012) Mandated Closure of Unlined and Clay-lined Surface Impoundments Subtitle C Contingent on adoption of state regulations: Estimated 1-5 years after promulgation of final rule 2020-2024 Subtitle D Six months after promulgation of final rule 2019 Subtitle D Prime none Prime Six months after promulgation of final rule. (Adoption by state or use of EPA authority where state has not adopted regulations.) 2015