Coal ash regulation will depend on who gets elected

Despite much controversy coal ash, Congress isn't likely to move on new regulations until after the election, and then action will depend on the priorities of the party controlling the White House, Juliet Eilperin of The Washington Post reports. The U.S.'s 431 coal-fired power plants produce 140 million tons of ash a year. About 60 percent is stored in landfills, ponds and mines, and evidence suggesting leaks are a problem had been growing. The issue is rural because that's where plants and disposal areas are located. (Photo by Nancy Pierce of The Clog: coal ash pond near Mountain Island Lake, N.C.)

The Environmental Protection Agency gave 45 ponds at 27 locations a "high hazard potential" rating, meaning that if they break or leak, it would likely result in loss of life. Environmental groups in the last month have sued operators of 14 power plants in North Carolina and four in Illinois over coal-ash contamination, and ash-contaminated water at 197 sites in 37 states, according to Earthjustice.

President Obama and Mitt Romney have touted their love of the coal industry, and the idea of coal ash as a hazardous waste creates controversy. Obama's EPA moved toward regulating more strictly, then backed off. If it is officially labeled hazardous, EPA will have direct control over it and new handling procedures on utilities will be implemented, something that would increase utilities' costs. The EPA and environmentalists say new regulations will encourage more utilities to recycle coal ash into concrete and other products, but recycling companies and mining industry officials say this will be less likely if it's labeled as hazardous. (Read more)

Groups oppose leaving coal-ash regulation to states

More than 300 groups, saying they represent millions of people from all 50 states, sent a letter to the Senate last week opposing the Coal Ash Recycling and Oversight Act, which would prevent the federal government from regulating coal ash, which contains heavy metals including arsenic, lead and mercury. Billions of tons of it are stored in ponds, landfills and mines in almost every state. (Greenpeace photo of Tennessee coal ash pond)

The Coal Ash Recycling and Oversight Act was introduced last month and would prevent the Environmental Protection Agency from finalizing its proposed coal ash rule and from ever issuing coal ash regulations. The bill would reinforce an EPA decision from 2000 that waste from burning fossil fuels doesn't need to be regulated under the Solid Waste Disposal Act. The issue got fresh attention in December 2008, when a Tennessee Valley Authority coal-ash pond broke and released 1 billion tons of waste into the Emory and Clinch rivers in east Tennessee, Environmental News Service notes. TVA is a federal agency, but the pond had been regulated by the state.

EPA proposed coal-ash regulation in 2010, then backed off. The groups' letter says that the Coal Ash Recycling and Oversight Act would nullify "450,000 public comments, essentially silencing the voices of nearly half a million Americans who supported protective regulations." The groups say they have no confidence in state-by-state management of coal ash. (Read more)

TVA liable in big coal-ash spill, judge rules

"A federal judge ruled today that the Tennessee Valley Authority is liable for the December 2008 coal ash spill that buried a large swath of Roane County, Tenn., under 5 million cubic yards of sludge," Manuel Quinones reports for Environment & Energy News. "U.S. District Court Judge Thomas Varlan for the Eastern District of Tennessee said that while events beyond TVA's control caused the ash pond failure, the utility's actions contributed to the spill. He also ruled certain liability protections do not apply in this case." For the ruling, click here.

"Varlan said the failure was caused by multiple TVA actions, including the placement and design of the failed dike and its decision to continue building up the wet coal ash stack at the site. The ruling also found that TVA’s failure to inform and train its personnel and the negligent performance of those personnel were substantial contributing causes," the Knoxville News-Sentinel reports. "Varlan indicated the next phase of the trial will look at questions related to individual property owners, such as whether coal ash was present on each plaintiff’s property; whether it damaged each specific property; and the amount of damage, if any, to each property and to each plaintiff." (Read more)