A Comprehensive Survey of Coal Ash Law and Commercialization: Its Environmental Risks, Disposal Regulation, and Beneficial Use Markets

Abstract

This white paper was commissioned by the National Association of Regulatory Utility Commissioners (NARUC) under a grant from the U.S. Department of Energy (DOE), in response to a major rule, Hazardous and Solid Waste Management System; Disposal of Coal Combustion Residuals From Electric Utilities; Final Rule (Final Rule) issued by the U.S. Environmental Protection Agency (EPA) on April 17, 2015, on coal ash disposal and remediation of disposal sites, which has significant implications to states. It subjects state environmental agencies and public utility commissions to regulatory responsibilities to implement federal regulations under the Final Rule and oversee the cost implications on electric customers. To better evaluate the regulatory issues underlying the choices facing utilities and independent power producers (IPPs) regarding coal ash management options under the Final Rule, an overview of coal ash production and disposal practices is helpful. This comprehensive survey provides background information on the following topics: (a) coal ash production by a coal combustion generation plant, (b) the historical practices of utility waste management practices, (c) coal ash toxicity and related constituents, (d) further understanding of potential impacts to groundwater, and (e) the aging structures and outdated designs of coal ash surface impoundments and landfills.