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House approves bill to bring coal-plant ash under state solid-waste oversight

Utah House of Representatives · March 4, 2015
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Summary

The House passed SB 154 to eliminate an exemption for coal-fired power-plant ash so Utah's Division of Environmental Quality can regulate disposal and coordinate with EPA oversight; the vote was 73–0.

Senate Bill 154, which removes an exemption for coal-fired power-plant ash from Utah's definition of solid waste so that the Division of Environmental Quality can regulate ash disposal, passed the House 73–0.

Representative Handy explained the change was prompted in part by the EPA's rulemaking on coal-ash management and said state participation in oversight would better account for local conditions and reduce the likelihood of a one-size-fits-all federal requirement. Handy said the bill eliminates the statute's current exemption and enables state regulation of ash ponds and disposal practices, including cases where ash is reused in road construction.

Representative Briscoe asked the sponsor to confirm the state would assume responsibility for ensuring correct disposal practices; Handy agreed and reiterated that the federal rule allows state participation. The sponsor noted major power-plant operators support the bill because state participation can avoid overly prescriptive federal mandates.

The bill passed unanimously on the floor and will be returned to the Senate for the president's signature.

Next steps: With passage in the House, SB 154 moves back to the Senate to complete the concurrence/signature process; DEQ will be positioned to exercise regulatory oversight if and when statutes are updated according to the bill's language.