The warily-anticipated and oft-delayed EPA proposal to regulate coal ash (aka "Coal Combustion Residuals") has been released in a 500+ page proposed rule. It is actually two alternate proposals – one which treats ash as hazardous under RCRA Sub-Title C and one treats it as non-hazardous under Sub-Title D, but many expect that the final proposed rule will be a "hybrid" approach that depends upon the actual handling process being used for the ash – that is, different regulations will apply for storage, for transportation, and for use of the ash.

Coal Ash is produced by utilities and other industries which burn coal, and almost 50% of current production is used for fill or the production of products for construction, and its beneficial use is a successful example of going "green" – using what would have usually been disposed of in landfills and decreasing the need for raw natural resources for building materials. Concerns have been raised about the content of heavy metals and other hazardous materials in coal ash; however, the failure of the TVA-Kingston wet coal ash impoundment (which was mainly an issue of mechanical damage – not toxic contamination) brought the issue of coal ash regulation to the forefront.

The proposed rule is being reviewed by "stakeholders" (EPA's term for anyone who could be affected by a regulation) and has not yet been printed in the Federal Register (which would trigger an official review/comment period). EPA's notice about the proposed rule is at: http://www.epa.gov/epawaste/nonhaz/industrial/special/fossil/ccr-rule/index.htm