jim roewer executive director uswag. ccr background 1993 and 2000 bevill amendment regulatory...
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Jim RoewerExecutive Director
USWAG
CCR Background1993 and 2000 Bevill Amendment Regulatory
Determinations – Coal Combustion Residuals (CCR) do not warrant hazardous waste regulation
December 2008 – Kingston ash spillJune 2010 – EPA proposal to (i) reverse
regulatory determinations and regulate CCR as hazardous waste, or (ii) regulate under self-implementing non-hazardous waste regime
BackgroundEPA received over 450,000 comments on
Proposal13,000 Substantive Comments2 million pages
Final rule delayed until 2012
HR 2273 – Coal Residuals Reuse & Management ActAmends RCRA’s Subtitle D non-hazardous
waste program to add a new section for CCRAuthorizes states to adopt a non-hazardous
waste permit programs for CCR under RCRA subtitle D
Requires state notification and certification to EPA that state program meets federal minimum criteria for CCR permit program
Assures coal ash is regulated as non-hazardous (subtitle D)
Stakeholder ViewsUtility Industry:
Performance-based, non-hazardous waste regulations, states first approach, restore public confidence that coal ash is being properly managed
States:States first, avoids parallel state/EPA program
administration, non-hazardous waste regulations, allows for more efficient process for building on and improving existing state programs
Beneficial Use Sector: Takes subtitle C off the table, provides certainty –
and earlier enactment is important (access to capital and markets)
Core elements of HR 2273Structural integrity standards & key
elements of MSWLF StandardsDesign standardsGroundwater monitoring/ corrective actionLocation restrictionsAir qualityConstituents for groundwater monitoringFinancial AssuranceClosure
Core Elements of HR 2273EPA Authority
May review state programs to ensure state CCR permit programs meet minimum criteria
If not, notice to states with ability to correct deficiencies
EPA may implement CCR permit program only if states do not adopt program or do not correct deficiencies in program
EPA CCR permit program limited to minimum criteria; may not adopt new regulations
Outstanding IssuesAmbiguous timeframes: No required
schedule for corrective actionNo requirement for regularly occurring
inspection regimeMSW operating requirements for run-on/run-
off controls, discharge to surface waters, record-keeping requirements
Including lead, mercury, arsenic and selenium in detection monitoring requirements
Outstanding IssuesAssertion there is no legal standard for
evaluating adequacy of a state programEPA enforcement authorityGroundwater monitoring for closed unitsDeadline for closure of impoundmentsEPA authority to tailor criteria for CCRs
Bottom LineEstablishes non-hazardous, minimum federal
requirementsWill require all disposal units receiving CCR to
obtain an enforceable permitProvides EPA with oversight authority but
gives states the first opportunity to establish and implement the program
House ActionAmendments must be filed todayRules Committee meets WednesdayFloor vote this week—Friday We need a strong bipartisan vote
Senate Activity Discussions underway on Senate bill
Senators Conrad and Hoeven leading: Starting with House text
Core group of supportOn-going discussions surrounding list of 8
issuesShared Goal:
Do not want coal ash regulated as hazardous waste
Enactment of bill this Congress
Other USWAG ActivitiesCCR NODAPCB Phase-out Initiative
ANPRM 2010; Proposed Rule 2012CISWI/DSWPOPs (Treated Wood and PCB)Hazmat TransportationRemediation Wastes
