The U.S. Environmental Protection Agency announced on Friday the first national regulations regarding the disposal of coal combustion residuals –or coal ash– from coal-fired power plants and categorized the material as a other non-hazardous wastes.

According to the EPA, improperly constructed or managed coal ash disposal units have resulted in the failure of surface impoundments, damages to surface water, groundwater and the air. The first federal requirements for impoundments and landfills to address these risks include:

-The closure of surface impoundments and landfills that fail to meet engineering and structural standards and will no longer receive coal ash;

-Reducing the risk of catastrophic failure by requiring regular inspections of the structural safety of surface impoundments;

-Restrictions on the location of new surface impoundments and landfills so that they cannot be built in sensitive areas such as wetlands and earthquake zones;

-Protecting groundwater by requiring monitoring, immediate cleanup of contamination, and closure of unlined surface impoundments that are polluting groundwater;

-Protecting communities from fugitive dust controls to reduce windblown coal ash dust; and

-Requiring liner barriers for new units and proper closure of surface impoundments and landfills that will no longer receive CCRs.

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First District Congressman David McKinley has been a part of the work which lead to Friday’s announced regulations and agreed with the EPA’s determination on how the material should be regulated.

“The decision not to regulate coal ash as a hazardous material means it can continue to be recycled and used in everyday products, such as concrete, bricks, and wall board,” he said.

In 2012, almost 40 percent of all coal ash produced was recycled, rather than disposed. Beneficial use of coal ash can produce positive environmental, economic and performance benefits such as reduced use of virgin resources, lower greenhouse gas emissions, reduced cost of coal ash disposal, and improved strength and durability of materials.

However, McKinley did not feel the regulation were clear enough, saying, “the EPA falls short of offering a functional regulatory system, fails to address key issues, and still leaves uncertainty for both industry and environmental groups.”

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