Letter from United States Senators to the EPA opposing a hazardous waste designation

We understand that EPA is evaluating its regulatory options for the management of coal combustion byproducts (CCBs) and plans to propose federal management standards for CCBs by the end of the year. This issue involves an important component of the nation's overall energy policy as EPA's decision could affect electricity costs from coal-fired plants, the continued viability of CCB beneficial use practices (which plays a significant role in the reduction of greenhouse gases), and the ability of certain power plants to remain in service. It is important therefore that the final rule reflect a balanced approach that ensure the cost-effective management of CCBs that is protective of human health and the environment, while also continuing to promote and encourage CCB beneficial use. As explained, below we believe that the federal regulation of CCBs pursuant to RCRA's Subtitle D non-hazardous waste authority is the most appropriate option for meeting these goals.
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