The Environmental Protection Agency has started a series of public hearings on a proposed new rule for regulation of coal ash that could impact us in Hawaii.

EPA is proposing to regulate for the first time coal ash to address the risks from the disposal of the wastes generated by electric utilities and independent power producers. EPA is considering two possible options for the management of coal ash for public comment. Both options fall under the Resource Conservation and Recovery Act (RCRA). Under the first proposal, EPA would list these residuals as special wastes subject to regulation under subtitle C of RCRA, when destined for disposal in landfills or surface impoundments. Under the second proposal, EPA would regulate coal ash under subtitle D of RCRA, the section for non-hazardous wastes. The Agency considers each proposal to have its advantages and disadvantages, and includes benefits which should be considered in the public comment period.

Although often overlooked, coal ash is an issue here in Hawaii.

Coal ash is produced by the AES power plant in Campbell Industrial Park, and its transportation and disposal has been questioned by residents at leeward Neighborhood Board meetings in the past.

In addition, coal ash produced by the former C. Brewer power plant in Pepeekeo, north of Hilo on the Big Island, has been an issue for a decade after the plant closed, leaving tons of coal ash in place.

Questions by residents were documented in a 2003 Hawaii County Planning Commission hearing (search for “coal ash” to find the comments).

Environmental groups are pushing the EPA to adopt a stronger regulatory stance regarding coal ash.

From OMB Watch:

Regulating coal ash as hazardous waste might help prevent some of the horror stories presented at the hearing and elsewhere. When coal ash escapes from currently unregulated ponds, impoundments, and landfills, it contaminates water supplies and threatens communities with cancers and other health problems.

A new report from the Environmental Integrity Project identifies 39 coal ash disposal sites that have contaminated water. The 39 are in addition to the 31 sites the group identified in a February report and 67 damage cases reported by EPA. From the newest report:

At every one of the 35 sites with groundwater monitoring wells, on-site test results show that concentrations of heavy metals like arsenic or lead exceed federal health-based standards for drinking water. For example, arsenic levels were above the 10 microgram per liter “maximum contaminant level” (MCL) at 26 of 35 sites, with concentrations reaching as high as 3,419 micrograms (over 341 times the standard) at the Hatfield’s Ferry site in Pennsylvania.

A press release from Earthjustice at the opening of the rule-making process notes the interest of many environmental organizations, including the Sierra Club, the Environmental Integrity Project, and the Natural Resources Defense Council.

Earthjustice argues:

The two-rule option demonstrates the power and influence of lobbyists for the coal and power industries who continue to block the EPA attempts at strong coal ash safeguards that protect communities. The EPA’s ‘special waste’ proposal is the only way to guarantee the closure of the most dangerous waste ponds, ensure strong federal oversight and cleanup of contaminated streams, rivers and drinking water supplies, and protect communities across the country from coal ash contamination. The EPA itself admits that under its weaker option, many states will not adopt strict federal guidelines and that approximately 50% of the coal ash generated in the U.S. will continue to be managed under state programs that do not require basic disposal safeguards. Power plants in the U.S. produce enough coal ash annually to fill train cars stretching from the North Pole to the South Pole.