On the recordOctober 14, 2011
Madam Chair, my amendment simply provides Federal enforcement authority so that if the EPA administrator determines that a structure is in violation of a State coal combustion residuals permit program and the State has not taken appropriate action to enforce such permit program with respect to such structure, the administrator may inspect such structure and enforce the requirements of such permit program. Madam Chair, as currently drafted, H.R. 2273 fails to require States to enforce their own permit requirements. The manager's amendment only requires States to describe their ``process to enforce,'' but there is no hint, no requirement, not a syllable to actually enforce regulations. This built-in loophole in H.R. 2273 does not require adequate State inspection of coal ash ponds and landfills, and it allows States to set up voluntary regulatory programs, which will clearly not ensure the safe design, the safe operation, and the cleanup of the Nation's many toxic coal ash disposal sites. Madam Chair, due to a well-noted case in my district of Crestwood, Illinois, where contaminated drinking water was piped into the homes of my constituents for over 20 years, between 1986 and 2007, without any intervention from either the State or Federal EPA agencies, I, for one, am very sensitive to this issue.…





