requirement and not a limitation on emissions, it’s a good first step toward addressing
a historically overlooked issue.
Sulfur dioxide: On June 22, the EPA published a new NAAQS for sulfur dioxide. The
EPA had proposed the standard to be between
50 and 100 parts per billion and came in at the
middle: 75 parts per billion. The standard is
based on a one-hour averaging time � but
there will surely be attempts to water it down
in its implementation. Nevertheless, this
standard should be a real thorn in the side of
coal-burning power plants and oil refineries,
especially in areas where multiple polluting
sources are clustered together, like the Ohio
River Valley.
quality standards. The existing Effluent Limi-
tations Guidelines do not contain limits for
toxic metals in coal combustion waste streams,
and states routinely fail to set limits or even
require monitoring for these pollutants. The
EPA also states that seepage from coal-com-
bustion waste impoundments is likely a “point
source,” which means power plant operators
must obtain Clean Water Act permits for these
discharges. The document provides the tech-
nical guidance that permitting agencies should
use when setting technology and water quality
limits. The EPA expects to issue a final rule
revision, setting nationally applicable stan-
dards, in late 2013. The guidance document
is available at tinyurl.com/EPAdocument. ST
the army corps of engineers
revoked the nationwide
permit allowing mountaintop-removal coal mining.
Coal combustion waste and ash: On June
21, the EPA published its proposal to regulate, for the first time, coal combustion waste
or ash under the Resource Conservation and
Recovery Act. The agency is considering two
options. One option would essentially allow
the coal-burning power plants to self-regulate,
which is very unlikely to have any real world
impact. The other option, called the “Subtitle
C” proposal, while far from perfect, would
actually require coal-burning power plants to
properly dispose of much of this huge toxic
waste stream. The EPA is taking comments on
the proposal until Sept. 20. More information,
including how to submit comments, is available at epa.gov/epawaste/nonhaz/industrial/
special/fossil/ccr-rule/ index.htm.
Liquid discharges: On June 7, the EPA
posted helpful Clean Water Act permitting guidance for power-plant scrubber and
coal-combustion waste-impoundment liquid discharges. The EPA clarified that the
Clean Water Act requires permitting agencies to (1) set case-by-case technology-based
effluent limits for the pollutants and waste
streams not addressed in the existing Effluent Limitations Guidelines and ( 2) include
water-quality-based limits where discharges
have a reasonable potential to exceed water-
