Improving Coal Combustion Residuals Regulation Act of 2016

Improving Coal Combustion Residuals Regulation Act of 2016

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.

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.

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 this bill.

The agency implementing the permit program must ensure that certain information concerning the program is publicly available.