	Overview of Disposal and Use Issues

Coal fired power plants account for almost 45% of electric power generated in the United States. Coal combustion waste is managed in two ways: It may be disposed of in landfills or surface impoundment ponds, or in mines as minefill, or it may be used in some capacity (commonly referred to as "beneficial use")—for example, as a component in concrete, cement, or gypsum wallboard, or as structural or embankment fill. On December 22, 2008, national attention was turned to potential risks associated with CCW management when a breach in an impoundment pond at the Tennessee Valley Authority's (TVA's) Kingston, TN, plant released 1.1 billion gallons of coal fly ash slurry. According to TVA, the estimated cleanup cost will likely reach $1.2 billion. Some plants have been in operation for decades (the site of the Kingston release has accumulated ash sludge since 1954), resulting in the disposal of millions of tons of CCW at individual plants across the United States. The waste likely contains certain hazardous constituents that EPA has determined pose a risk to human health and the environment. Those constituents include heavy metals such as arsenic, beryllium, boron, cadmium, chromium, lead, and mercury, and certain toxic organic materials such as dioxins and polycyclic aromatic hydrocarbon (PAH) compounds. Instead, it is regulated in accordance with requirements established by the states. In 1999, EPA determined that national regulations regarding CCW disposal were needed, in part due to inconsistencies in state requirements. EPA stated that regulations would be proposed for public comment by the end of 2009. Since EPA's statement, industry and environmental groups, state government representatives, and some Members of Congress have expressed concerns regarding how the waste will ultimately be regulated. On December 17, 2009, EPA issued a statement that its pending decision on regulating CCW would be delayed for a "short period due to the complexity of the analysis the agency is currently finishing." Surface or Groundwater Contamination

Although the possibility exists that hazardous constituents in CCW could become airborne, the primary concern regarding the management of the waste usually relates to the potential for hazardous constituents to leach into surface or groundwater, and hence contaminate drinking water, surface water, or biota. The presence of hazardous constituents in the waste does not, by itself, mean that they will contaminate the surrounding air, ground, groundwater, or surface water. The 2006 NRC report stated that there are many complex physical and biogeochemical factors that influence the degree to which heavy metals can essentially dissolve and migrate offsite. Those factors include:
T he volume and degree to which water is able to flow through the waste . EPA has also conducted studies into the beneficial use of CCW. In addition, both EPA and the Department of the Interior's Office of Surface Mining (OSM) have conducted various activities related to mine placement of CCW. On March 9, 2009, EPA announced that it was moving forward on developing regulations to address the management of CCW. In 2008, 136 million tons of CCW were generated. However, it is unknown how accurate that estimate is. As with the disposal of CCW in landfills and surface impoundments, there are no explicit federal requirements specific to the use of CCW as part of the mine reclamation process. According to EPA, unencapsulated uses of CCW require proper hydrogeologic evaluation to ensure adequate groundwater protection.
In 2008, coal-fired power plants accounted for almost half of the United States' electric power, resulting in as much as 136 millions tons of coal combustion waste (CCW). On December 22, 2008, national attention was turned to issues regarding the waste when a breach in an impoundment pond at the Tennessee Valley Authority's (TVA's) Kingston, TN, plant released 1.1 billion gallons of coal ash slurry. The estimated cleanup cost will likely reach $1.2 billion.
The characteristics of CCW vary, but it generally contains a range of heavy metals such as arsenic, beryllium, chromium, lead, and mercury. While the incident at Kingston drew national attention to the potential for a sudden catastrophic release of waste, the primary concern regarding the management of CCW usually relates to the potential for hazardous constituents to leach into surface or groundwater, and hence contaminate drinking water, surface water, or living organisms. The presence of hazardous constituents in the waste does not, by itself, mean that they will contaminate the surrounding air, ground, groundwater, or surface water. There are many complex physical and biogeochemical factors that influence the degree to which heavy metals can dissolve and migrate offsite—such as the mass of toxins in the waste and the degree to which water is able to flow through it. The Environmental Protection Agency (EPA) has determined that arsenic and lead and other carcinogens have leached into groundwater and exceeded safe limits when CCW is disposed of in unlined disposal units.
In addition to discussions regarding the potential harm to human health and the environment, the Kingston release brought attention to the fact that the management of CCW is essentially exempt from federal regulation. Instead, it is regulated in accordance with requirements established by individual states. State requirements generally apply to two broad categories of actions—the disposal of CCW (in landfills, surface impoundment, or mines) and its beneficial use (e.g., as a component in concrete, cement, or gypsum wallboard, or as structural or embankment fill).
In May 2000, partly as a result of inconsistencies in state requirements, EPA determined that national regulations regarding CCW disposal were needed. To date, regulations have not been proposed. However, on March 9, 2009, EPA stated that regulations to address CCW disposal in landfills and surface impoundments would be proposed by the end of 2009. Also, in March 2007, an advance notice of proposed rulemaking regarding the disposal of CCW in mines was released by the Department of the Interior's Office of Surface Mining (OSM). Draft rules have not yet been proposed. With regard to potential uses of CCW, EPA has stated that there have been few studies that would definitively prove that certain uses of CCW are safe, but that its use should include certain precautions to ensure adequate groundwater protection. It is unknown whether regulations regarding beneficial uses of CCW will be included in the upcoming rulemaking.
Some Members of Congress and other stakeholders have expressed concern regarding how CCW will ultimately be regulated. Among other issues, there is concern that the upcoming regulations will be either too far-reaching, and hence costly, or not far-reaching enough—meaning that they will not establish consistent, enforceable, minimal federal requirements applicable to CCW disposal units. On December 17, 2009, EPA issued a statement that its pending decision on regulating CCW would be delayed for a "short period due to the complexity of the analysis the agency is currently finishing."