New Coal Ash Standard May Reignite Tax-Exempt Bond Market

Law360, New York (January 26, 2015, 11:48 AM EST) -- In December 2014, as part of its long-awaited federal standards to regulate the storage and disposal of coal ash,[1] the Environmental Protection Agency issued rules making clear that coal ash would be regulated as a solid waste rather than as a hazardous waste. For utilities and other owners of coal-fired generation plants, the EPA’s new standards clarify their ability to finance the disposal or recycling of coal ash through tax-exempt bonds.

Tax Analysis for "Solid Waste" Tax-Exempt Bonds

As a general background, the Internal Revenue Code of 1986, as amended, and related tax regulations provide that tax-exempt bonds can be issued...

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