After more than a year of deliberation, the U.S. Environmental Protection Agency in May released a draft rule to toughen fly ash regulations. For the first time, coal combustion residues (CCR) will be controlled under the federal Resource Conservation and Recovery Act - requiring numerous changes to disposal practices in the energy industry.

GAI's environmental experts are helping energy clients effectively navigate these new compliance issues. Our professionals act as on-site policy resources for some of the nation's largest electric utilities to help interpret the anticipated regulations.

Coal ash refers to the fine particulate ash sent up by the combustion of coal and discharged as an airborne emission. Since environmental regulations did not exist 40 years ago as they do now, this by-product was simply being discarded with no plans for practical utilization. EPA action was triggered in December 2008, when an ash impoundment at the TVA plant in Kingston, TN broke open, creating a spill that sent coal ash slurry over 300 acres of land and into the Emory and Clinch rivers.

On May 4, the EPA released the two options of its draft proposed rule - either reversing the August 1993 and May 2000 Bevill Regulatory Determination regarding CCR, and listing these residuals as "Special Waste" under Subtitle C of RCRA when destined for disposal, or by leaving the Bevill Determination in place and regulating disposal under Subtitle D of RCRA by issuing national minimum criteria.

Both options will essentially phase out surface impoundments and require utilities to assess future operations at their facilities.

GAI is nationally recognized for our expertise in CCR disposal and utilization, with our professionals issuing numerous state-of-practice reports and design manuals. We have designed and permitted more than 50 structurally stable and environmentally secure landfills, impoundments, and pond-to-landfill conversions for top U.S. utilities. We've also developed beneficial reuses for CCRs to build roads, trails, and runways.

For the complete EPA Coal Ash rule, visit www.epa.gov/coalashrule.