Jim Roewer Executive Director USWAG

CCR Background 1993 and 2000 Bevill Amendment Regulatory Determinations – Coal Combustion Residuals (CCR) do not warrant hazardous waste regulation December 2008 – Kingston ash spill June 2010 – EPA proposal to (i) reverse regulatory determinations and regulate CCR as hazardous waste, or (ii) regulate under self-implementing non- hazardous waste regime

Background EPA received over 450,000 comments on Proposal 13,000 Substantive Comments 2 million pages Final rule delayed until 2012

HR 2273 – Coal Residuals Reuse & Management Act Amends RCRA’s Subtitle D non-hazardous waste program to add a new section for CCR Authorizes 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 Views Utility 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 2273 Structural integrity standards & key elements of MSWLF Standards Design standards Groundwater monitoring/ corrective action Location restrictions Air quality Constituents for groundwater monitoring Financial Assurance Closure

Core Elements of HR 2273 EPA 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 Issues Ambiguous timeframes: No required schedule for corrective action No requirement for regularly occurring inspection regime MSW 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 Issues Assertion there is no legal standard for evaluating adequacy of a state program EPA enforcement authority Groundwater monitoring for closed units Deadline for closure of impoundments EPA authority to tailor criteria for CCRs

Bottom Line Establishes non-hazardous, minimum federal requirements Will require all disposal units receiving CCR to obtain an enforceable permit Provides EPA with oversight authority but gives states the first opportunity to establish and implement the program

House Action Amendments must be filed today Rules Committee meets Wednesday Floor 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 support On-going discussions surrounding list of 8 issues Shared Goal: Do not want coal ash regulated as hazardous waste Enactment of bill this Congress

Other USWAG Activities CCR NODA PCB Phase-out Initiative ANPRM 2010; Proposed Rule 2012 CISWI/DSW POPs (Treated Wood and PCB) Hazmat Transportation Remediation Wastes

Questions? Jim Roewer 202/