Earlier this week the House Subcommittee on Rural Development, Entrepreneurship & Trade held a hearing on EPA’s proposal to classify coal ash (also known as coal combustion products (CCP)) as federally-regulated hazardous waste. Read more about the proposal.
The press release released by the Subcommittee stated:
During the hearing, entrepreneurs in the recycling industry said that a hazardous waste classification carries a stigma and would raise liability fears, making it difficult to use coal ash in building materials. Lawmakers also questioned whether the EPA had evaluated the full impact the proposed rule might have on small businesses. In one exchange with lawmakers, the EPA witness conceded that stiffer regulation of coal ash could potentially cause a 6 percent increase in electricity rates.
Should coal ash be classified as hazardous waste, there is also a potential for third party claims for existing building materials that contain the material. Stay tuned.