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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
coal combustion residuals program
Purpose
Establishes the Coal Combustion Residuals Program (CCR Program) and outlines CCR Program requirements.
Background
Federal law allows a state to submit evidence of a permit program or other system of prior approval and conditions under state law for state regulation of CCR units that, after approval, will operate in lieu of regulation of CCR units. A permit program must be approved within 180 days after the date on which a state submits evidence of the program after public notice and an opportunity for public comment has been provided (42 U.S.C. § 6945).
CCR is fly ash, bottom ash, boiler slag and glue gas desulfurization materials generated from burning coal for the purpose of generating electricity by electric utilities and independent power producers. A CCR landfill is an area of land or an excavation that receives CCR and that is not a surface impoundment, underground injection well, salt dome formation, salt bed formation, underground or surface coal mine or cave (40 C.F.R. § 257).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
CCR Program Establishment
1. Allows the Director to adopt rules to establish and operate a CCR Program to obtain approval to operate the Federal CCR Program.
2. Allows federal CCR regulations to be adopted by reference.
3. Prohibits CCR Program rules from being more or less stringent than, or in conflict with, federal regulations for nonprocedural standards, except that the Arizona Department of Environmental Quality (ADEQ) may adopt aquifer protection standards more stringent than the federal regulations if the standards are developed pursuant to aquifer protection permit statutes.
4. Prohibits CCR Program rules from being more or less stringent than, or in conflict with, federal regulations for nonprocedural standards.
5. Requires, on the general effective date, ADEQ to adopt portions of the dam safety standards that exist for CCR surface impoundments that are more stringent than federal regulations.
6. Requires a solid waste facility to demonstrate financial responsibility for the costs of closure, post-closure care, if necessary, and any corrective action as a result of known releases from the facility starting on the later of:
a) 180 days after the effective date of the design and operation rules adopted by the Director for a CCR Program; or
b) after CCR Program approval.
7. Allows, within 180 days after the effective date of design and operation rules adopted by the Director for a CCR facility, existing solid waste facilities to submit to ADEQ the financial responsibility requirement.
8. Requires, within 180 days after CCR Program approval, existing solid waste facilities regulated by CCR statutes to submit to ADEQ the required financial responsibility.
9. Allows a solid waste facility in operation before the effective date of CCR Program approval to continue to operate while ADEQ reviews the submission.
10. Allows a financial responsibility demonstration by a local governmental agency with CCR units to contain the details of the financial arrangements used to meet estimated closure and post-closure costs without specifying a specific financial assurance mechanism.
11. Prohibits a person from:
a) dumping or disposing of solid waste in violation of a rule adopted pursuant to the CCR Program; and
b) operating a solid waste facility in a manner inconsistent with the solid waste facility plan after it has been approved or any rule adopted pursuant to the CCR Program.
Permitting and Fees
12. Requires CCR Program rules authorized by ADEQ to provide requirements for issuing, denying, suspending or modifying individual CCR permits, including:
a) requirements for submitting notices, permit applications and any additional information necessary to determine whether a permit should be issued;
b) recordkeeping, reporting and compliance schedule requirements in the permit;
c) a permit life of 10 years, after which the permit must be renewed;
d) adequate opportunities for public participation during CCR permit processing; and
e) other terms and conditions deemed necessary by the Director to ensure compliance.
13. Requires rules for CCR permits to include:
a) permit processing fees from the applicant to cover the cost of administrative services and other expenses associated with evaluating the application and issuing or denying the permit, beginning when an application is submitted; and
b) annual CCR Program fees approved by the U.S. Environmental Protection Agency (U.S. EPA) beginning after CCR Program approval.
14. Requires CCR Program fees to be deposited in the Solid Waste Fee Fund.
15. Allows, within 180 days after the effective date of design and operation rules adopted by the Director for CCR facilities, facilities with CCR units to submit a permit application covering each CCR unit at the facility to ADEQ.
16. Requires, within 180 days of CCR Program approval, facilities with CCR units to submit a permit application covering each CCR unit at the facility to ADEQ.
Enforcement
17. Allows, after CCR Program approval, the Director to compel production of documents or information from owners and operators of CCR units to evaluate compliance with applicable statutes, rules and permits.
18. Allows the Director to issue an order requiring immediate compliance or compliance within a specified period of time if the Director determines that a person is in violation of a CCR Program rule or CCR permit condition.
19. Allows the Director, for a violation of CCR rules or permit conditions, to request a temporary restraining order, a preliminary injunction, a permanent injunction or any other relief necessary to protect public health or the environment through the Attorney General.
20. Subjects a person who violates a CCR permit or CCR Program rule to a civil penalty of up to $1,000 per day, not to exceed $15,000 for each violation.
21. Stipulates that enforcement of CCR rules and permit conditions does not apply until after CCR Program approval.
22. Subjects a final agency order regarding a CCR Program rule or CCR permit to judicial review.
Exclusions and Exemptions
23. Exempts CCR facilities from self-certification requirements for solid waste facilities.
24. Excludes CCR solid waste land disposal facilities from solid waste facilities that must obtain approval of a plan.
25. Specifies that the requirement that ADEQ adopt rules for solid waste land disposal facilities does not apply to facilities regulated by the CCR Program.
26. Exempts, from aquifer protection permit requirements, CCR units regulated under the U.S. Code of Federal Regulations or by a CCR Program permit approved by the U.S. EPA.
Disposal of Oil
27. Allows oil to be disposed of in a landfill subject to municipal solid waste landfill federal regulations.
Definitions
28. Excludes, from the definition of dam, any CCR surface impoundment:
a) regulated by a permit in effect under the CCR Program; and
b) approved for CCR surface impoundment safety by the U.S. EPA.
29. Includes in the definition of closed solid waste facility, separate from a solid waste facility, a CCR unit, if:
a) placement of CCR in a CCR unit has ceased; and
b) the owner or operator has completed closure of the CCR unit and has initiated post-closure care.
30. Excludes a CCR landfill from the definition of solid waste landfill.
31. Defines terms.
Miscellaneous
32. Makes technical and conforming changes.
33. Becomes effective on the general effective date.
House Action
NREW 1/20/22 DP 7-5-0-0
3rd Read 2/3/22 31-28-1
Prepared by Senate Research
March 7, 2022
RC/slp