On the recordOctober 14, 2011
I want to thank the gentleman. I have read the bill. And under this bill, if a State fails to do an adequate job of enforcing this program there is only one remedy: EPA has to take over the entire program. And we all know that having EPA take over a State's program is unlikely and highly undesirable. My amendment creates an additional remedy for inadequate State enforcement that is more measured than taking over a State's program. It allows the EPA to enforce State requirements if a structure is in violation and the State isn't doing anything about it. Without this amendment, a State could fail to implement their program for coal ash disposal in a way that puts human health and the environment at risk, and there would be no discrete way for the EPA to intervene to provide the necessary safeguards. Mr. McKINLEY. Let me reclaim my time, if I could. Again, with all due respect, I think there are at least three components there that you're overlooking in your amendment. One is that these dams are designed by professional engineers that are stamping and maintaining and seen by contractors. They have to see that those dams are maintained, those structures. So there's not a threat. Second, you have the issue of imminent hazard under page 18. Please read the bill, and you'll see that they can step in at any time if they feel that there's a threat. They can step in and take care of that.…





