The Environmental Protection Agency filed a court declaration in the U.S. District Court for the District of Columbia December saying that the agency has not yet made any final decisions on a final rule regarding the management of coal ash, and that it needs to issue an additional Notice of Data Availability before finalizing the rule. The agency proposed two options for regulating coal ash in May 2010: to regulate the material under Subtitle C of the Resource Conservation and Recovery Act as a special waste, subjecting it to hazardous waste regulations; or to regulate it as a nonhazardous waste under Subtitle D, subjecting it to solid waste regulations.
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