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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A group of Illinois lawmakers are asking the White House not to classify coal ash as a hazardous material because doing so would cripple their state’s economy. In a letter to the Office of Management and Budget, the bipartisan group of congressmen expressed concerns that reclassifying the byproduct from coal-firing plants would raise the cost of energy for Illinois consumers. It would also hamper local utilities’ ability to recycle the coal ash in products like cement, concrete and other building materials, a process that the group says generates thousands of jobs in Illinois.

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If the Environmental Protection Agency (EPA) rules that coal ash waste from utility plants should be classified as a hazardous material, the ripple effect could hit Tennessee Valley Authority (TVA) customers right in the wallet.

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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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Environmental groups and coal-firing operations will have to wait even longer for federal regulations to ensure the protection of public health and the environment regarding the storage of coal ash, according to a statement from the Environmental Protection Agency (EPA). The agency was saddled with the hefty task of setting guidelines on the storage of coal ash impoundment ponds months ago and had promised a decision on regulating those plants by the end of the year. But as the days ticked by, having a proposal before 2010 rang in was looking less and less likely. The EPA confirmed that hunch this week with a formal announcement, stating that it expects to issue a proposed rule in the “near future.”

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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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Tina Nicholson walks down her driveway in Cumberland County, Tenn., every afternoon to meet her kids as they get off the school bus. They often detour down the winding Smith Mountain Road to look at wild growing herbs and enjoy the fresh air. The road is so narrow that when cars pass by, the Nicholson family has to step into a ditch that runs parallel to the road to make room. “Two regular cars cannot pass each other on this road as it is,” she says.

But if Crossville Coal Company and Smith Mountain Solutions have their way and are allowed to reclaim a surface mine on top of Smith Mountain to store coal ash recovered from the east Tennessee site of a massive coal ash spill, the narrow roadway where the Nicholsons walk will become even more treacherous with heavy trucks carrying tons of coal ash.

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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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Concerned citizens and environmental activists are opposing plans to expand a coal ash pond along the Ohio River in northern Kentucky because they say if the pond ruptures, it could contaminate drinking water. The proposal from LG&E would build 100-foot-tall walls around an existing coal ash pond, giving it more capacity than the coal ash impoundment at the Tennessee Valley Authority (TVA) Kingston, Tenn., plant, which failed last year and dumped more than a billion gallons of toxic waste on to a neighboring community.

That spill, called one of the largest environmental disasters in U.S. history, knocked houses off their foundations, damaged property and contaminated waterways. The TVA is currently undergoing an estimated three-year, $1.2 billion cleanup effort to restore the land.

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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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