This December will mark the fifth anniversary of a massive spill of coal ash in Tennessee that destroyed three houses and damaged more than 40 others. This event sparked intensified calls for the regulation of coal ash, a waste by-product produced when coal is burned. Federal efforts to deal with the problem of coal ash have progressed slowly, but agency action on the issue may be gaining momentum in light of recent policy developments. Meanwhile, coal industry proponents in Congress are revamping legislative efforts to thwart national protections against coal waste.

Last month, the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) announced they were moving forward with a much-needed rulemaking to clarify which waters are protected under the Clean Water Act (CWA). Enforcement of the law has been hindered by years of uncertainty about agencies' regulatory jurisdiction over certain wetlands and waterways. On Sept. 17, agencies submitted a draft joint rulemaking for interagency review that would provide greater clarity and help ensure vital waters are covered by the CWA. However, protracted review processes and industry pushback could further extend the uncertainty and leave some waters unprotected.

In May, the U.S. Environmental Protection Agency (EPA) proposed two rules to protect the public from the risks of formaldehyde exposure. The first rule sets emissions standards for formaldehyde in composite wood products; the second establishes requirements for third-party certifications of products subject to those emissions limits. The use of third-party programs to assess regulatory compliance is growing as agencies try to stretch scarce resources, raising troubling questions about enforcement of important standards and safeguards.