Vote Smart's Synopsis:

Vote to pass a bill that authorizes states to regulate coal combustion residuals.

Highlights:

• Authorizes any state to adopt, implement, and enforce a coal combustion residual permit program to regulate management and disposal of coal combustion residuals (Sec. 2).

• Defines “coal combustion residuals” as solid coal combustion wastes that are produced in conjunction with the combustion of coal (Sec. 2).

• Prohibits the Administrator of the Environmental Protection Agency from enforcing regulations of coal combustion residuals in any state that is implementing a permit program except in the following circumstances (Sec. 2):
• The governor of the state notifies the Administrator that the state will not implement a program;
• The state is notified of, but fails to remedy, program deficiencies; or
• The state notifies the Administrator that it will no longer implement such a program.

• Requires the owner or operator of a structure that receives coal combustion residuals to acquire annual certification by an independent registered professional engineer that the structure is compliant with “generally accepted good” engineering practices (Sec. 2).

• Requires the owner or operator of a structure that receives coal combustion residuals to cover or wet coal combustion residuals to prevent wind dispersal (Sec. 2).

• Requires the owner or operator of a structure that receives coal combustion residuals to implement a groundwater monitoring system for boron, chloride, conductivity, fluoride, mercury, pH, sulfate, sulfite, aluminum, iron, manganese, molybdenum, and total dissolved solids (Sec. 2).

• Requires the owner or operator of a structure that receives coal combustion residuals to construct the structure with a base at least 2 feet above the upper limit of the water table (Sec. 2).

• Requires the owner or operator of a structure that receives coal combustion residuals to construct the structure with a composite liner which meets existing federal specifications at any structure that receives the residuals (Sec. 2)

• Requires a state that decides to implement a permit program submit to certify to the Administrator that the state has statutes or regulations required within 36 months of the enactment of this bill (Sec. 2).

• Authorizes an implementing agency to obtain any necessary information to determine whether a structure that receives coal combustion residuals is being operated in accordance with the requirements of this bill (Sec. 2).

• Requires the implementing agency to ensure that minimum requirements concerning environmental safety and hazardous conditions for a permit program are met no later than (Sec. 2):
• A period of 12 months after a state submits its certification;
• A period of 42 months after the Administrator receives notice that a state will not operate its own permit program; or
• A period of 48 months after the enactment of a program that is being implemented by the Administrator.

• Authorizes an implementing agency to extend the deadline for meeting a groundwater protection standard except in cases where there has been contamination of public or private drinking water systems (Sec. 2).

• Requires the implementing agency to issue a final permit or final denial for an application no later than (Sec. 2):
• A period of 48 months after the state submits its certification;
• A period of 78 months after the Administrator receives notice from a state that it does not intend to operate its own permit program; or
• A period of 84 months after the enactment of such program that is being implemented by the Administrator. 

• Requires an implementing agency to notify an owner or operator of a structure that receives coal combustion residuals of the obligation to apply for and obtain a permit as described in this bill no later than (Sec. 2):
• A period of 12 months after a state submits certification of a permit program;
• A period of 30 months after a state notifies the Administrator that it does not intend to develop a permit program; or
• A period of 36 months after the implementation of a permit program.

Full Bill Text

Full Bill Text