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Take Action


AN ACT relating to the disposal of coal combustion wastes. Create new sections of subtitle 50 of KRS Chapter 224 to define "CCR or coal combustion residual," "EAP," "encapsulated CCR," and "unencapsulated CCR"; express sentiment favoring a balanced approach to disposal of CCRs that protects the health and safety of the public and the environment and the need for beneficial reuse of CCRs; require disposal of CCRs as solid waste or in impoundments permitted by the Energy and Environment Cabinet and prohibit permit-by-rule or registered permit-by-rule for disposal of CCRs; require liners, groundwater monitoring, and toxic substance monitoring; require emergency action plans for surface CCR impoundments that are deemed as high hazard potential by the United States Environmental Protection Agency; require the cabinet to promulgate administrative regulations for coal ash CCR emergency action plans within 180 days of the effective date of the Act; establish specific contents of the EAP; amend KRS 109.012 to include CCR as a solid waste; amend KRS 151.250 to prohibit exemption for surface CCR impoundments regardless of size or type and prohibit use of permit-by-rule or registered permit-by-rule for surface CCR impoundments; amend KRS 224.50-760 to delete utility wastes and wastes from coal gasification facilities approved by the cabinet from the definition of special wastes.



  • J. Jenkins