Is the Agency proposing to regulate beneficial use?
EPA continues to strongly support the safe and protective beneficial use of CCRs. The proposed rule maintains the Bevill exemption for beneficial uses, and therefore would not alter the regulatory status of coal ash that is beneficially used. At this time, EPA is not proposing to regulate the beneficial use of CCRs. However, EPA has identified concerns with some uses of CCRs in unencapsulated form, such as the use of CCRs in road embankments and agricultural applications, in the event proper practices are not employed. For those uses, the Agency is soliciting comment on whether to regulate and, if so, the most appropriate regulatory approach to be taken. While EPA does not want to negatively impact the legitimate beneficial use of CCRs unnecessarily, we are also aware of the need to fully consider the risks, management practices, and other pertinent information related to CCRs.
