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EPA Lists 44 "High Hazard Potential" Coal Ash Sites

On June 29, 2009, the United States Environmental Protection Agency ("EPA") released a list of 44 "high hazard potential" impoundments containing coal combustion residuals, commonly referred to as coal ash.

The list is the result of an EPA investigation of coal ash storage sites nationwide after the failure of a Tennessee Valley Authority coal ash impoundment in December 2008, which flooded more than 300 acres of land in Kingston, Tennessee. North Carolina has the most "high hazard potential" sites on the list, a dozen.

According to an EPA press release, a "high hazard priority" rating is not related to the stability of those impoundments but to the potential for harm should the impoundment fail. By compiling a list of these facilities, EPA stated that it will be better able to identify and reduce potential risks by working with states and local emergency responders. The agency further noted that the 44 units on the list will receive "high priority attention as EPA continues its assessment of impoundment safety." EPA's next step is to review the information it has gathered in its investigation of coal ash sites; the agency will require appropriate action at any facility that is found to pose a risk. EPA has also committed to proposing regulation on the management of coal ash sites by December 31, 2009.

To view EPA's fact sheet on "high hazard potential" coal ash sites and for a complete list of the 44 "high hazard potential" sites, click here.

For questions regarding this Environmental Update, please contact any of the attorneys in Schiff Hardin's Environmental Group.

RECENT ENVIRONMENTAL PUBLICATIONS

"Climate Bill Narrowly Passes in U.S. House," Environmental Update (June 29, 2009)
"EPA Has No Permitting Role When The Army Corps Issues Fill Permits," Environmental Update (June 26, 2009)
"State-Issued "No Further Remediation" Letter May Not Defeat RCRA Claims," Environmental Update (June 23, 2009)
"Eleventh Circuit Court of Appeals Upholds Bush-Era Rule that Allows Water Transfers Without an NPDES Permit," Environmental Update (June 11, 2009)

ABOUT SCHIFF HARDIN LLP

Schiff Hardin's diverse environmental practice advises clients engaged in a wide variety of industries and commercial endeavors such as electric generation, natural gas distribution and production, chemical manufacturing, auto and auto parts manufacturing, consumer goods manufacturing, real estate development and investments by financial institutions and equity investors.

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