Category — Coal Regulation
“For three years the Environmental Protection Agency has imposed a de facto ban on new coal-fired power while doing everything it can to harm existing coal plants.”
- “Killing Coal,” Wall Street Journal, April 5, 2012.
Unhappy with the speed of EPA regulation of coal combustion by-products, a number of environmental organizations recently filed a lawsuit to force EPA to finalize regulation of coal ash.
A natural byproduct of the combustion process for coal-fired power plants, coal ash is typically stored onsite at power plants or sold on the open market for use in the production of concrete and other materials. In 2010, EPA proposed a pair of regulatory approaches for dealing with coal ash, but has to yet to decide how to regulate the material.
Nearly a dozen groups were party to the lawsuit, including the Sierra Club, the Southern Alliance for Clean Energy, and the Environmental Integrity Project. 1 The lawsuit comes just days after the EPA announced plans to regulate greenhouse gas emissions from the energy sector, which the New York Times characterized as EPA’s movement toward “closing out the era of old-fashioned coal-burning power generation.” So much for Obama’s all-of-the-above energy policy.
Perils of Coal Ash as Hazardous Waste
In its lawsuit, the plaintiffs claim that EPA is violating the Resource Conservation and Recovery Act (RCRA) by not including coal ash among the substances it regulates. The organizations are demanding that EPA regulate coal ash under Subtitle C of the RCRA, the title that deals with hazardous waste. A superior option being explored by EPA would regulate coal ash under Subtitle D of the RCRA, allowing states to adopt rules at their own discretion.
It is no surprise that groups with a stated mission of shutting down our nation’s use of coal for electricity would file such a lawsuit, because they understand that coal ash regulations present huge financial and logistical burdens for utilities. The problem is these organizations have no real solutions for keeping the lights on and power bills affordable. [Read more →]
April 16, 2012 6 Comments
Can the Republican House neuter the Obama Administration’s war against coal-fired power plants? I’m not optimistic, but coal is an plentiful, improving resource that will be hard to put and keep in the energy cellar.
The coal industry has been fighting on five key regulatory fronts during the past two years. The good news is that cap-and-trade of carbon dioxide (CO2), a back door energy tax, is defeated. The subject is kryptonite in Washington among Republicans and a surprising number of Democrats–and rightly so.
Cap-and-trade was defeated despite the clever Administration strategy to bribe stakeholders by making their support of the American Power Act economically worthwhile. Several major utilities (especially those with nuclear plants), most equipment manufacturers that sell to the industry, and even the Edison Electric Institute lined up in support of cap-and-trade legislation.
I was especially amused by the strong support from nuclear utilities—I’m sure it had nothing to do with the formula for allocating allowances that would have given them a windfall of hundreds of millions of dollars over time for sitting quietly on the sidelines. Thankfully, the Senate euthanized that legislation before it got much traction.
The Big Regulatory Four
Legislative control of CO2 is closed, perhaps for a decade or more, but this battle hardly ended the conflict. Instead, the Executive Branch has sidestepped Congress to put its full weight behind the regulate-to-death option. There are four fronts: [Read more →]
February 15, 2011 8 Comments