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Bill114th CongressFiled Apr 13, 2015Environmental Protection
H.R. 1734

Improving Coal Combustion Residuals Regulation Act of 2015

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Under committee review

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What it doesSummary passed house amended (Jul 22, 2015)

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.

What just happenedJul 14, 2016

Read twice and referred to the Committee on Environment and Public Works.

Who’s behind it

Rep. McKinley, David B. [R-WV-1](R-WV)Sponsor
44 cosponsors4 D40 R
Read on Congress.gov
44cosponsors2committees38actions6amendments4related bills15subjects
  1. Jul 14, 2016IntroReferral

    Read twice and referred to the Committee on Environment and Public Works.

    Environment and Public Works Committee
  2. Jul 23, 2015IntroReferral

    Received in the Senate.

  3. Jul 22, 2015FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  4. Jul 22, 2015FloorH37100

    On passage Passed by recorded vote: 258 - 166 (Roll no. 458).

  5. Jul 22, 2015Floor8000

    Passed/agreed to in House: On passage Passed by recorded vote: 258 - 166 (Roll no. 458).

  6. Jul 22, 2015FloorH36110

    On motion to recommit with instructions Failed by recorded vote: 184 - 240 (Roll no. 457). (consideration: CR H5379-5380)

    Energy and Commerce Committee
  7. Jul 22, 2015FloorH8A000

    The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H5379)

  8. Jul 22, 2015FloorH8D000

    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.

  9. Jul 22, 2015FloorH36100

    Mr. Foster moved to recommit with instructions to the Committee on Energy and Commerce. (consideration: H5378-5380; text: CR H5378)

    Energy and Commerce Committee
  10. Jul 22, 2015FloorH35000

    The previous question was ordered pursuant to the rule. (consideration: CR H5378)

  11. Jul 22, 2015FloorH32600

    The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1734.

  12. Jul 22, 2015FloorH8D000

    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.

  13. Jul 22, 2015FloorH8D000

    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.

  14. Jul 22, 2015FloorH8D000

    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.

  15. Jul 22, 2015FloorH8D000

    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.

  16. Jul 22, 2015FloorH8D000

    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.

  17. Jul 22, 2015FloorH8D000

    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.

  18. Jul 22, 2015FloorH8D000

    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.

  19. Jul 22, 2015FloorH8D000

    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.

  20. Jul 22, 2015FloorH8D000

    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.

  21. Jul 22, 2015FloorH8D000

    DEBATE - Pursuant to the provisions of H.Res. 369, the Committee of the Whole proceeded with 10 minutes of debate on the Shimkus amendment No. 1.

  22. Jul 22, 2015FloorH8D000

    GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1734.

  23. Jul 22, 2015FloorH32020

    House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 369 and Rule XVIII.

  24. Jul 22, 2015FloorH32400

    The Speaker designated the Honorable Randy Hultgren to act as Chairman of the Committee.

  25. Jul 22, 2015FloorH8D000

    Resolution provides for consideration of H.R. 1599 and H.R. 1734.

  26. Jul 22, 2015FloorH30000

    Considered under the provisions of rule H. Res. 369. (consideration: H5358-5380; text as reported CR H5365-5370)

  27. Jul 22, 2015FloorH1L220

    Rule H. Res. 369 passed House.

  28. Jul 21, 2015FloorH1L210

    Rules Committee Resolution H. Res. 369 Reported to House. Resolution provides for consideration of H.R. 1599 and H.R. 1734.

  29. Jun 9, 2015CalendarsH12410

    Placed on the Union Calendar, Calendar No. 103.

  30. Jun 9, 2015CommitteeH12200

    Reported by the Committee on Energy and Commerce. H. Rept. 114-143.

    Energy and Commerce Committee
  31. Jun 9, 2015Committee5000

    Reported by the Committee on Energy and Commerce. H. Rept. 114-143.

    Energy and Commerce Committee
  32. Apr 17, 2015Committee

    Referred to the Subcommittee on Environment and the Economy.

    Environment, Manufacturing, and Critical Materials Subcommittee
  33. Apr 15, 2015Committee

    Ordered to be Reported by the Yeas and Nays: 32 - 19.

    Energy and Commerce Committee
  34. Apr 15, 2015Committee

    Committee Consideration and Mark-up Session Held.

    Energy and Commerce Committee
  35. Apr 14, 2015Committee

    Committee Consideration and Mark-up Session Held.

    Energy and Commerce Committee
  36. Apr 13, 2015IntroReferralH11100

    Referred to the House Committee on Energy and Commerce.

    Energy and Commerce Committee
  37. Apr 13, 2015IntroReferralIntro-H

    Introduced in House

  38. Apr 13, 2015IntroReferral1000

    Introduced in House

Passed House amendedJul 22, 201536

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.

Reported to House without amendmentJun 9, 201579

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

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.

Introduced in HouseApr 13, 2015

Improving Coal Combustion Residuals Regulation Act of 2015

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. 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.

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.

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

Improving Coal Combustion Residuals Regulation Act of 2015 — Informed