After 26 years of insufficient guidance from the federal government to regulate the disposal of coal combustion residues generated from power plants, the independent National Research Council of the National Academies today released a report, requested by U.S. Rep. Nick J. Rahall (D-WV), recommending the implementation of enforceable federal standards.

In support of its recommendation that enforceable federal standards be established, the committee of experts assigned to complete this study expressed its belief that "the Office of Surface Mining and its state partners should take the lead in developing new national standards" for depositing coal combustion waste in mines.

Every year, more than 120 million tons of coal combustion residues, the noncombustible portion of coal containing trace metals, are produced by utility power plants. Coal, America's most abundant natural energy resource, is also the largest source of fuel for electricity production, and the waste created in the process is incorporated into numerous products including road pavement. It is, as well, increasingly deposited in abandoned and active mines. According to the Chair of the committee, Perry R. Hagenstein, enough coal combustion residue is generated every year in the United States to fill one million railroad coal cars.

Although the committee highlighted the need for better monitoring and guidance, Rahall expressed disappointment that the report fell short of more specific recommendations for action by federal agencies.

"The study recognizes that regulatory gaps exist and recommends that enforceable federal standards should be issued for the regulation of coal combustion wastes in mine reclamation. I knew that when I requested the study and applaud the committee, which put this study together, for also coming to this conclusion. I am, however, disappointed that this study does not hold the federal government's feet to the fire to end 26 years of uncertainty surrounding this issue by specifically recommending a regulatory regime, although it does express a belief that the Office of Surface Mining should take the lead," stated Rahall.

Since 1980, when an amendment directing the Environmental Protection Agency (EPA) to study the health and human safety effects of various coal residues was enacted, States have been doing the job of regulating the disposal of this waste without federal guidance. After a 2000 EPA report committed the agency to developing regulations for the use and disposal of this waste in coal mines, Rahall requested the National Research Council study to aid in that process.

"The uncertainty facing those on the ground whose responsibility it is to dispose of this waste is not going away. This study underscores the need for disposal of these wastes to be subject to site-specific performance standards, but stops short of recommending those standards. Hopefully this report will encourage the EPA or the Office of Surface Mining to step up to the plate," said Rahall.