To amend subtitle D of the Solid Waste Disposal Act to encourage recovery and beneficial use of coal combustion residuals and establish requirements for the proper management and disposal of coal combustion residuals that are protective of human health and the environment.
Improving Coal Combustion Residuals Regulation Act of 2015
(Sec. 2) This bill amends subtitle D (Resource Conservation and Recovery Act of 1976) of the Solid Waste Disposal Act to establish a permit program for coal combustion residuals (coal ash) that states may elect to administer. The program outlines the criteria that a state must use if it chooses to adopt and enforce a permit program regulating the management and disposal of coal ash generated by electric utilities and independent power producers. The program applies to the disposal of coal ash into landfills or surface impoundments, sand or gravel pits, quarries, or lateral expansions of the structures. The structural criteria concern: (1) design, location, and integrity; (2) financial assurance; (3) groundwater and surface water protections; (4) closure procedures; and (5) air quality with respect to fugitive dust.
In order to adopt or implement a permit program, the lead state implementing agency must maintain a program for control of hazardous waste disposal in open dumps or an authorized state hazardous waste program under the Solid Waste Disposal Act. The implementing agency must ensure that certain information concerning the program is publicly available.
A state that chooses to adopt a coal ash program is given sole enforcement authority. The Environmental Protection Agency (EPA) must implement a program for a state if: (1) a state's program fails to meet those criteria, or (2) a state does not implement a program. A coal ash permit program implemented by the EPA shall not apply to the utilization, placement, and storage of coal ash at surface or underground coal mining and reclamation operations.
Certain uses of coal ash are not considered as receipt of such material for purposes of this bill. These include uses for engineered structural fill, storage in a manner consistent with the management of raw materials, and such beneficial uses as substitution for virgin material (in which case the use must be shown to not result in environmental releases greater than those from a material or product that would be used instead of the coal ash or exceed relevant benchmarks for human and ecological receptors).
The bill revises implementation of the EPA rule governing the disposal of coal ash, entitled "Hazardous and Solid Waste Management System; Disposal of Coal Combustion Residuals from Electric Utilities." The rule may be implemented only through the permit program established by the bill.
Motion to reconsider laid on the table Agreed to without objection.
Read twice and referred to the Committee on Environment and Public Works.
Committee on Environment and Public Works. Hearings held. Hearings printed: S.Hrg. 114-349.
DEBATE - Pursuant to the provisions of H.Res. 369, the Committee of the Whole proceeded with 10 minutes of debate on the Pallone amendment No. 2.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Pallone amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Pallone demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
DEBATE - Pursuant to the provisions of H.Res. 369, the Committee of the Whole proceeded with 10 minutes of debate on the Castor (FL) amendment No. 3.
DEBATE - Pursuant to the provisions of H.Res. 369, the Committee of the Whole proceeded with 10 minutes of debate on the Connolly amendment No. 4.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Connolly amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Connolly demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
DEBATE - Pursuant to the provisions of H.Res. 369, the Committee of the Whole proceeded with 10 minutes of debate on the Adams amendment No. 5.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Adams amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Ms. Adams demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
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Referred to the House Committee on Energy and Commerce.
DEBATE - Pursuant to the provisions of H.Res. 369, the Committee of the Whole proceeded with 10 minutes of debate on the Butterfield amendment No. 6.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Butterfield amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Butterfield demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1734.
The previous question was ordered pursuant to the rule. (consideration: CR H5378)
Mr. Foster moved to recommit with instructions to the Committee on Energy and Commerce. (consideration: H5378-5380; text: CR H5378)
DEBATE - The House proceeded with 10 minutes of debate on the Foster motion to recommit with instructions pending a reservation of a point of order. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to require an agency implementing any coal ash permit ensure that all disposal sites meet criteria for design, construction, operation, and maintenance sufficient to prevent contamination of groundwater and sources of drinking water, including the Great Lakes. Subsequently, the reservation was removed.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H5379)
On motion to recommit with instructions Failed by recorded vote: 184 - 240 (Roll no. 457). (consideration: CR H5379-5380)
Roll Call #457 (House)Passed/agreed to in House: On passage Passed by recorded vote: 258 - 166 (Roll no. 458).
Roll Call #458 (House)On passage Passed by recorded vote: 258 - 166 (Roll no. 458).
Roll Call #458 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read twice and referred to the Committee on Environment and Public Works.