CRS Predicts Suits Over Uncertain Standards In Coal Ash Waste Rule Bills

摘要

The Congressional Research Service (CRS) says legislation to circumvent EPA's pending coal ash disposal rule with state-crafted standards would be an "unprecedented" move by creating a delegated waste permit program with no federal guidelines, likely prompting litigation that will result in courts having to determine such standards. While the permitting program would be modeled in part on current rules for municipal solid waste (MSW) landfills, the report notes that ambiguities in the bills - given that no new federal regulations would be created and no specific safety standards would be required to be met - "would be subject to state (and ultimately court) interpretation," according to a Dec. 5 CRS report that analyzes two bills to create a coal combustion residuals (CCR) permit program.