EPA's NPRM Concerning Coal Ash Regulation Under RCRA

On May 4, 2010, the United States Environmental Protection Agency (“EPA”) announced a Notice of Proposed Rulemaking (“NPRM”) under the Resource Conservation and Recovery Act (“RCRA”) regarding the regulation of fly ash, bottom ash, boiler slag and flue gas desulfurization wastes destined for disposal (collectively, coal combustion residuals (“CCRs”)). Proposing two alternatives, EPA is currently soliciting comments on whether CCRs generated by electric utilities and independent power producers should be regulated under subtitle C of RCRA or subtitle D of RCRA.