Congressional Research Service Report Shows Little Change in State Programs if Congress Had Its Way
By Erin Burks
Red, White and Water intern, Summer 2012
Transportation bill negotiations between the House and Senate came to a close on June 29 and an amendment blocking the U.S. Environmental Protection Agency’s ability to finalize coal ash storage and disposal is out of the picture for now. This amendment, known as Title V was attached as an amendment to the transportation bill by West Virginia representative David McKinley.
Back in June 2010, the EPA proposed two options on how to manage and dispose of coal ash:
The first option would be to classify coal ash as a special waste under the hazardous waste provision (Subtitle C) and allow the EPA continue to regulate it in a fashion similar to hazardous waste when it is stored in landfills and ponds. This option would set forth federally enforceable guidelines, working with states to implement these standards.
The second option would be to manage coal ash under Subtitle D which would to leave it up to the states to determine if coal ash is managed safely, with EPA-recommended guidelines. Common household trash is treated in this manner. This second option does not allow EPA to enforce the standards, instead leaving it up to the states and individual citizens enforce the standards, leaving the EPA with only a finger to shake at states who do not comply with their recommendations.
While the devastating coal ash spill in Kingston, TN, was the impetus for EPA to review coal ash disposal and storage, the EPA has not finalized either of these provisions. Title V would permanently block the EPA from ever doing so.
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