Sec. 622. Ensuring safe disposal of coal ash
832 words·~4 min read·
/bill/117/hr/1512/ih/section-622·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 4005(d) of the Solid Waste Disposal Act ( 42 U.S.C. 6945(d) ) is amended— in paragraph (1)— in subparagraph (B)— in the matter preceding clause (i), by striking after public notice and an opportunity for public comment and inserting after public notice, an opportunity for public comment, and an opportunity for a public hearing ; in clause (i), by striking ; or and inserting ; and ; and by amending clause
(ii)to read as follows: the minimum requirements described in paragraph (3). ; by amending subparagraph
(C)to read as follows: No State or political subdivision may impose any requirement less stringent than the requirements for coal combustion residuals under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections 1008(a)(3) and 4004(a)). Nothing in this subsection shall be construed to prohibit any State or political subdivision thereof from imposing any requirements for coal combustion residuals that are more stringent than those imposed by such regulations. ; in subparagraph (D)— in clause (i)(I), by striking 12 and inserting 5 ; in clause (ii)(II), by inserting clauses
(i)and
(ii)of before subparagraph
(B); and by adding at the end the following: The Administrator shall include in a notice under clause
(ii)a reasonable period for the State to correct the deficiencies identified under such clause, which shall not exceed 120 days. ; and in subparagraph (E), by inserting by the end of the period included in the notice under subparagraph (D)(iii) after identified by the Administrator under subparagraph (D)(ii) ; in paragraph (2)(B), by adding before the period at the end and the minimum requirements described in paragraph
(3); by amending paragraph
(3)to read as follows: In addition to requiring compliance with the applicable criteria for coal combustion residuals units under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections 1008(a)(3) and 4004(a)), a permit program or other system of prior approval and conditions approved or implemented by the Administrator under this subsection shall, at a minimum— require meaningful (as defined in section 601 of the CLEAN Future Act ) public participation in the issuance and renewal of all permits or other prior approvals, including notice, opportunity to comment, and public hearings; require financial assurance for all coal combustion residuals units sufficient to cover closure and corrective actions, with no allowance for self-bonding; prohibit the continued operation of unlined impoundments, which shall include all coal combustion residuals units that fail to meet the design criteria for new impoundments pursuant to part 257 of title 40, Code of Federal Regulations; limit fugitive dust at coal combustion residuals units and during closure and corrective action to no more than 35 micrograms per square meter, or another standard established by the Administrator that will protect human health, including the health of vulnerable or disproportionately exposed subpopulations, and require air monitoring and public reporting to ensure such standard is met; require permit or other prior approval terms that do not exceed 5 years; require permits for closure and corrective action, and deny any permit for closure that would allow coal combustion residuals to remain— in contact with ground water; in a location that does not meet the requirements for new units under part 257 of title 40, Code of Federal Regulations; or in a unit that fails to meet the design criteria for new impoundments pursuant to part 257 of title 40, Code of Federal Regulations; prohibit, as open dumping, the use of coal combustion residuals in unencapsulated uses; require a permit or other prior approval for any coal combustion residuals unit that is located on the premises of a coal-burning electric generating facility and has not been closed pursuant to the criteria in part 257 of title 40, Code of Federal Regulations, without regard to when the unit ceased accepting coal combustion residuals; require ground water monitoring methods that are sufficient to detect contaminants at levels defined in applicable ground water protection standards; require ground water monitoring for all constituents listed in Appendix IV to part 257 of title 40, Code of Federal Regulations, and boron and hexavalent chromium; require corrective actions for all continuing releases at a coal combustion residuals unit with a permit or other prior approval under this subsection; and require corrective action beyond facility boundaries, as needed to protect human health and the environment, including the health of vulnerable or disproportionately exposed subpopulations. ; in paragraph (5), by adding before the period at the end and the minimum requirements described in paragraph
(3); and by adding at the end the following new paragraph: Not later than 2 years after the date of enactment of this paragraph, the Administrator shall finalize revisions to the criteria for coal combustion residuals units under part 257 of title 40, Code of Federal Regulations, to include any other criteria necessary to protect human health and the environment, including the health of vulnerable or disproportionately exposed subpopulations. .
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 622
Ensuring safe disposal of coal ash
Cites 1Cited by 0 across 0 sources