Coal ash regulation will depend on who gets elected

Despite much controversy coal ash, Congress isn't likely to move on new regulations until after the election, and then action will depend on the priorities of the party controlling the White House, Juliet Eilperin of The Washington Post reports. The U.S.'s 431 coal-fired power plants produce 140 million tons of ash a year. About 60 percent is stored in landfills, ponds and mines, and evidence suggesting leaks are a problem had been growing. The issue is rural because that's where plants and disposal areas are located. (Photo by Nancy Pierce of The Clog: coal ash pond near Mountain Island Lake, N.C.)

The Environmental Protection Agency gave 45 ponds at 27 locations a "high hazard potential" rating, meaning that if they break or leak, it would likely result in loss of life. Environmental groups in the last month have sued operators of 14 power plants in North Carolina and four in Illinois over coal-ash contamination, and ash-contaminated water at 197 sites in 37 states, according to Earthjustice.

President Obama and Mitt Romney have touted their love of the coal industry, and the idea of coal ash as a hazardous waste creates controversy. Obama's EPA moved toward regulating more strictly, then backed off. If it is officially labeled hazardous, EPA will have direct control over it and new handling procedures on utilities will be implemented, something that would increase utilities' costs. The EPA and environmentalists say new regulations will encourage more utilities to recycle coal ash into concrete and other products, but recycling companies and mining industry officials say this will be less likely if it's labeled as hazardous. (Read more)