Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

Two years after an impoundment pond containing toxic coal ash at a Tennessee Valley Authority (TVA) fossil fuel plant broke, spilling a billion gallons of sludge onto 300 acres of rural east Tennessee, the Environmental Protection Agency (EPA) still isn’t sure whether to recommend that coal ash be classified as a hazardous material. Shortly after the spill, the agency was charged with recommending a classification for the material as part of a federal investigation into the environmental disaster.

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As the Environmental Protection Agency (EPA) ponders how waste from coal-firing plants should be classified, the debate on how best to regulate the toxic material heats up. Here is one more view on The Coal Ash Case, from The New York Times.

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The December 2008 coal ash spill from a Tennessee Valley Authority (TVA) power plant in Kingston, Tenn., was already considered one of the nation’s largest environmental disasters, but one year after the spill, authorities say the devastation is even bigger than first imagined. Eric Schaeffer, executive director of the Environmental Integrity Project, tells The Environment Report’s Tanya Ott that the 2.6 billion pounds of toxic sludge from the east Tennessee impoundment pond is more than the total discharge of all United States power plants last year.

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A Tennessee state advisory board is calling for tougher regulation of coal ash impoundment ponds and recommending that the Tennessee Valley Authority (TVA) turn over control of its storage ponds to the Dam Safety Group, according to WRAL. The board, which formed in the wake of last year’s massive coal ash spill from the Kingston, Tenn., TVA plant, released a report this week outlining its recommendations. The board also recommended that an independent board oversee the design, construction and closure of ash retention ponds.

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Rules regarding the storage of coal ash are expected to come from the Environmental Protection Agency (EPA) before the end of the year, but how the agency plans to categorize coal ash ponds has many environmentalists seeing red. According to a General Accountability Office document listing options currently being discussed, the EPA is considering designating wet coal ash as a hazardous material, but leaving the dry coal ash, or fly ash, categorized as non-hazardous if it is stored in a dry landfill.

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Indiana and Kentucky have the most coal ash ponds in the country and many of those ponds have numerous deficiencies and were built without trained engineers, according to the Environmental Protection Agency (EPA). The EPA conducted the survey on the nation’s coal ash ponds following last December’s massive spill in which a coal ash impoundment pond at a Tennessee Valley Authority (TVA) coal-firing plant in east Tennessee broke, sending 1.1 gallons of toxic sludge onto 300 acres of a neighboring community. The coal ash destroyed homes, damaged property and contaminated nearby waterways, and is being blamed for making many locals sick.

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