Center President Norris McDonald provided comments at the EPA hearing on coal ash at the Hyatt Regency in Crystal City, Virginia. He also submitted a more detailed written statement for the record.
Norris McDonald with EPA Office of Resource Conservation and Recovery Staff
The Center recommended a hybrid of the two proposed rules as the final rule. Coal combustion residuals (CCR)  (Coal Ash) should be ruled as hazardous if it is not directed to beneficial reuse. The Center is taking the best from both proposals and combining them into a rule that will both stimulate beneficial reuse while policing indiscriminate warehousing of such waste that can then pose a risk to surrounding communities.
The Center recommended that beneficial reuse should include utilizing coal ash as a substitute for Portland cement in the production of concrete. Beneficial reuse should exclude the use of CCR in residences. Our proposal should also eliminate the shipment of residuals to landfills in vulnerable communities.
The Center combines the two proposals by: making the effective date one year after the final rule is promulgated for most provisions; requiring state and local enforcement; the corrective action being self-implementation combined with monitoring by States and EPA; no requirement for financial assurance or permit issuance; requirements for storage, including containers, tanks, and containment buildings pending reuse; reinforce impoundments and cease receiving CCRs for surface impoundments built before rule is finalized; phase out new surface impoundments and install composite liners for newly hazardous CCR for surface impoundments built after the rule is finalized; no liner requirements, but require groundwater monitoring for landfills built before the rule is finalized; liner requirements and groundwater monitoring for landfills built after rule is finalized and requirements for closure and post-closure care monitored by States and EPA.
 CCRs include fly ash; bottom ash; flue gas desulfurization (FGD) materials, including synthetic gypsum; and boiler slag.