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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3409 Engrossed in House (EH)]

112th CONGRESS
  2d Session
                                H. R. 3409

_______________________________________________________________________

                                 AN ACT

 
   To limit the authority of the Secretary of the Interior to issue 
regulations before December 31, 2013, under the Surface Mining Control 
                      and Reclamation Act of 1977.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Stop the War on 
Coal Act of 2012''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; Table of contents.
TITLE I--LIMITATION ON AUTHORITY TO ISSUE REGULATIONS UNDER THE SURFACE 
               MINING CONTROL AND RECLAMATION ACT OF 1977

Sec. 101. Limitation on authority to issue regulations under the 
                            Surface Mining Control and Reclamation Act 
                            of 1977.
Sec. 102. Publication of scientific studies for proposed rules.
     TITLE II--NO GREENHOUSE GAS REGULATION UNDER THE CLEAN AIR ACT

Sec. 201. No regulation of emissions of greenhouse gases.
Sec. 202. Preserving one national standard for automobiles.
  TITLE III--TRANSPARENCY IN REGULATORY ANALYSIS OF IMPACTS ON NATION

Sec. 301. Committee for the Cumulative Analysis of Regulations that 
                            Impact Energy and Manufacturing in the 
                            United States.
Sec. 302. Analyses.
Sec. 303. Reports; public comment.
Sec. 304. Additional provisions relating to certain rules.
Sec. 305. Consideration of feasibility and cost in establishing 
                            national ambient air quality standards.
     TITLE IV--MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS

Sec. 401. Management and disposal of coal combustion residuals.
Sec. 402. 2000 Regulatory determination.
Sec. 403. Technical assistance.
Sec. 404. Federal Power Act.
TITLE V--PRESERVING STATE AUTHORITY TO MAKE DETERMINATIONS RELATING TO 
                        WATER QUALITY STANDARDS

Sec. 501. State water quality standards.
Sec. 502. Permits for dredged or fill material.
Sec. 503. Deadlines for agency comments.
Sec. 504. Applicability of amendments.
Sec. 505. Reporting on harmful pollutants.
Sec. 506. Pipelines crossing streambeds.
Sec. 507. Impacts of EPA regulatory activity on employment and economic 
                            activity.
               TITLE VI--REGIONAL HAZE REGULATORY RELIEF

Sec. 601. Implementation plans.
Sec. 602. Visibility protection for Federal Class I areas.
   TITLE VII--NO REGIONAL HAZE REGULATION ON THE COAL-POWERED NAVAJO 
                           GENERATING STATION

Sec. 701. Limitation on authority to issue regulations.

TITLE I--LIMITATION ON AUTHORITY TO ISSUE REGULATIONS UNDER THE SURFACE 
               MINING CONTROL AND RECLAMATION ACT OF 1977

SEC. 101. LIMITATION ON AUTHORITY TO ISSUE REGULATIONS UNDER THE 
              SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977.

    The Secretary of the Interior may not, before December 31, 2013, 
issue or approve any proposed or final regulation under the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.) 
that would--
            (1) adversely impact employment in coal mines in the United 
        States;
            (2) cause a reduction in revenue received by the Federal 
        Government or any State, tribal, or local government, by 
        reducing through regulation the amount of coal in the United 
        States that is available for mining;
            (3) reduce the amount of coal available for domestic 
        consumption or for export;
            (4) designate any area as unsuitable for surface coal 
        mining and reclamation operations; or
            (5) expose the United States to liability for taking the 
        value of privately owned coal through regulation.

SEC. 102. PUBLICATION OF SCIENTIFIC STUDIES FOR PROPOSED RULES.

    (a) Requirement.--Title VI of the Surface Mining Control and 
Reclamation Act of 1977 (16 U.S.C. 1291 et seq.) is amended by adding 
at the end the following:

         ``publication of scientific studies for proposed rules

    ``Sec. 722.  (a) Requirement.--The Secretary, or any other Federal 
official proposing a rule under this Act, shall publish with each rule 
proposed under this Act each scientific study the Secretary or other 
official, respectively, relied on in developing the rule.
    ``(b) Scientific Study Defined.--In this section the term 
`scientific study' means a study that--
            ``(1) applies rigorous, systematic, and objective 
        methodology to obtain reliable and valid knowledge relevant to 
        the subject matter involved;
            ``(2) presents findings and makes claims that are 
        appropriate to, and supported by, the methods that have been 
        employed; and
            ``(3) includes, appropriate to the rule being proposed--
                    ``(A) use of systematic, empirical methods that 
                draw on observation or experiment;
                    ``(B) use of data analyses that are adequate to 
                support the general findings;
                    ``(C) reliance on measurements or observational 
                methods that provide reliable and generalizable 
                findings;
                    ``(D) strong claims of causal relationships, only 
                with research designs that eliminate plausible 
                competing explanations for observed results, such as, 
                but not limited to, random-assignment experiments;
                    ``(E) presentation of studies and methods in 
                sufficient detail and clarity to allow for replication 
                or, at a minimum, to offer the opportunity to build 
                systematically on the findings of the research;
                    ``(F) acceptance by a peer-reviewed journal or 
                critique by a panel of independent experts through a 
                comparably rigorous, objective, and scientific review; 
                and
                    ``(G) consistency of findings across multiple 
                studies or sites to support the generality of results 
                and conclusions.''.
    (b) Clerical Amendment.--The table of contents at the end of the 
first section of such Act is amended by adding at the end of the items 
relating to such title the following:

``Sec. 722. Publication of scientific studies for proposed rules.''.

     TITLE II--NO GREENHOUSE GAS REGULATION UNDER THE CLEAN AIR ACT

SEC. 201. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.

    Title III of the Clean Air Act (42 U.S.C. 7601 et seq.) is amended 
by adding at the end the following:

``SEC. 330. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.

    ``(a) Definition.--In this section, the term `greenhouse gas' means 
any of the following:
            ``(1) Water vapor.
            ``(2) Carbon dioxide.
            ``(3) Methane.
            ``(4) Nitrous oxide.
            ``(5) Sulfur hexafluoride.
            ``(6) Hydrofluorocarbons.
            ``(7) Perfluorocarbons.
            ``(8) Any other substance subject to, or proposed to be 
        subject to, regulation, action, or consideration under this Act 
        to address climate change.
    ``(b) Limitation on Agency Action.--
            ``(1) Limitation.--
                    ``(A) In general.--The Administrator may not, under 
                this Act, promulgate any regulation concerning, take 
                action relating to, or take into consideration the 
                emission of a greenhouse gas to address climate change.
                    ``(B) Air pollutant definition.--The definition of 
                the term `air pollutant' in section 302(g) does not 
                include a greenhouse gas. Notwithstanding the previous 
                sentence, such definition may include a greenhouse gas 
                for purposes of addressing concerns other than climate 
                change.
            ``(2) Exceptions.--Paragraph (1) does not prohibit the 
        following:
                    ``(A) Notwithstanding paragraph (4)(B), 
                implementation and enforcement of the rule entitled 
                `Light-Duty Vehicle Greenhouse Gas Emission Standards 
                and Corporate Average Fuel Economy Standards' (as 
                published at 75 Fed. Reg. 25324 (May 7, 2010) and 
                without further revision) and implementation and 
                enforcement of the rule entitled `Greenhouse Gas 
                Emissions Standards and Fuel Efficiency Standards for 
                Medium- and Heavy-Duty Engines and Vehicles' (as 
                published at 76 Fed. Reg. 57106 (September 15, 2011) 
                and without further revision).
                    ``(B) Implementation and enforcement of section 
                211(o).
                    ``(C) Statutorily authorized Federal research, 
                development, demonstration programs and voluntary 
                programs addressing climate change.
                    ``(D) Implementation and enforcement of title VI to 
                the extent such implementation or enforcement only 
                involves one or more class I substances or class II 
                substances (as such terms are defined in section 601).
                    ``(E) Implementation and enforcement of section 821 
                (42 U.S.C. 7651k note) of Public Law 101-549 (commonly 
                referred to as the `Clean Air Act Amendments of 1990').
            ``(3) Inapplicability of provisions.--Nothing listed in 
        paragraph (2) shall cause a greenhouse gas to be subject to 
        part C of title I (relating to prevention of significant 
        deterioration of air quality) or considered an air pollutant 
        for purposes of title V (relating to permits).
            ``(4) Certain prior agency actions.--The following rules 
        and actions (including any supplement or revision to such rules 
        and actions) are repealed and shall have no legal effect:
                    ``(A) `Mandatory Reporting of Greenhouse Gases', 
                published at 74 Fed. Reg. 56260 (October 30, 2009).
                    ``(B) `Endangerment and Cause or Contribute 
                Findings for Greenhouse Gases Under Section 202(a) of 
                the Clean Air Act', published at 74 Fed. Reg. 66496 
                (December 15, 2009).
                    ``(C) `Reconsideration of Interpretation of 
                Regulations That Determine Pollutants Covered by Clean 
                Air Act Permitting Programs', published at 75 Fed. Reg. 
                17004 (April 2, 2010) and the memorandum from Stephen 
                L. Johnson, Environmental Protection Agency (EPA) 
                Administrator, to EPA Regional Administrators, 
                concerning `EPA's Interpretation of Regulations that 
                Determine Pollutants Covered by Federal Prevention of 
                Significant Deterioration (PSD) Permit Program' 
                (December 18, 2008).
                    ``(D) `Prevention of Significant Deterioration and 
                Title V Greenhouse Gas Tailoring Rule', published at 75 
                Fed. Reg. 31514 (June 3, 2010).
                    ``(E) `Action To Ensure Authority To Issue Permits 
                Under the Prevention of Significant Deterioration 
                Program to Sources of Greenhouse Gas Emissions: Finding 
                of Substantial Inadequacy and SIP Call', published at 
                75 Fed. Reg. 77698 (December 13, 2010).
                    ``(F) `Action To Ensure Authority To Issue Permits 
                Under the Prevention of Significant Deterioration 
                Program to Sources of Greenhouse Gas Emissions: Finding 
                of Failure To Submit State Implementation Plan 
                Revisions Required for Greenhouse Gases', published at 
                75 Fed. Reg. 81874 (December 29, 2010).
                    ``(G) `Action to Ensure Authority To Issue Permits 
                Under the Prevention of Significant Deterioration 
                Program to Sources of Greenhouse Gas Emissions: Federal 
                Implementation Plan', published at 75 Fed. Reg. 82246 
                (December 30, 2010).
                    ``(H) `Action to Ensure Authority to Implement 
                Title V Permitting Programs Under the Greenhouse Gas 
                Tailoring Rule', published at 75 Fed. Reg. 82254 
                (December 30, 2010).
                    ``(I) `Determinations Concerning Need for Error 
                Correction, Partial Approval and Partial Disapproval, 
                and Federal Implementation Plan Regarding Texas 
                Prevention of Significant Deterioration Program', 
                published at 75 Fed. Reg. 82430 (December 30, 2010).
                    ``(J) `Limitation of Approval of Prevention of 
                Significant Deterioration Provisions Concerning 
                Greenhouse Gas Emitting-Sources in State Implementation 
                Plans', published at 75 Fed. Reg. 82536 (December 30, 
                2010).
                    ``(K) `Determinations Concerning Need for Error 
                Correction, Partial Approval and Partial Disapproval, 
                and Federal Implementation Plan Regarding Texas 
                Prevention of Significant Deterioration Program; 
                Proposed Rule', published at 75 Fed. Reg. 82365 
                (December 30, 2010).
                    ``(L) Except for actions listed in paragraph (2), 
                any other Federal action under this Act occurring 
                before the date of enactment of this section that 
                constitutes a stationary source permitting requirement 
                or an emissions standard for a greenhouse gas to 
                address climate change.
            ``(5) State action.--
                    ``(A) No limitation.--This section does not limit 
                or otherwise affect the authority of a State to adopt, 
                amend, enforce, or repeal State laws and regulations 
                pertaining to the emission of a greenhouse gas.
                    ``(B) Exception.--
                            ``(i) Rule.--Notwithstanding subparagraph 
                        (A), any provision described in clause (ii)--
                                    ``(I) is not federally enforceable;
                                    ``(II) is not deemed to be a part 
                                of Federal law; and
                                    ``(III) is deemed to be stricken 
                                from the plan described in clause 
                                (ii)(I) or the program or permit 
                                described in clause (ii)(II), as 
                                applicable.
                            ``(ii) Provision defined.--For purposes of 
                        clause (i), the term `provision' means any 
                        provision that--
                                    ``(I) is contained in a State 
                                implementation plan under section 110 
                                and authorizes or requires a limitation 
                                on, or imposes a permit requirement 
                                for, the emission of a greenhouse gas 
                                to address climate change; or
                                    ``(II) is part of an operating 
                                permit program under title V, or a 
                                permit issued pursuant to title V, and 
                                authorizes or requires a limitation on 
                                the emission of a greenhouse gas to 
                                address climate change.
                    ``(C) Action by administrator.--The Administrator 
                may not approve or make federally enforceable any 
                provision described in subparagraph (B)(ii).''.

SEC. 202. PRESERVING ONE NATIONAL STANDARD FOR AUTOMOBILES.

    (a) Finding.--Congress finds that the emissions of greenhouse gases 
from a motor vehicle tailpipe are related to fuel economy.
    (b) Report Required.--Not later than 60 days after the date of 
enactment of this Act, the Secretary of Transportation shall submit a 
report to the Congress that, notwithstanding section 201, assumes the 
implementation and enforcement of the final rule entitled ``2017 and 
Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions and 
Corporate Average Fuel Economy Standards'' (issued on August 28, 2012) 
and estimates--
            (1) the total number of jobs that will be lost due to 
        decreased demand by year caused by the rule;
            (2) the number of additional fatalities and injuries that 
        will be caused by the rule; and
            (3) the additional cost to the economy of the redundant 
        regulation of fuel economy and greenhouse gas emissions by the 
        Environmental Protection Agency and State agencies for model 
        years 2011 through 2025.
    (c) Consultation.--Other than to gather basic factual information, 
the Secretary of Transportation shall not consult with the 
Administrator of the Environmental Protection Agency or any official 
from the California Air Resources Board in fulfilling the requirement 
described in subsection (b).
    (d) Amendment to the Clean Air Act.--Section 209(b) of the Clean 
Air Act (42 U.S.C. 7543) is amended by adding at the end the following:
    ``(4) With respect to standards for emissions of greenhouse gases 
(as defined in section 330) for model year 2017 or any subsequent model 
year new motor vehicles and new motor vehicle engines--
            ``(A) the Administrator may not waive application of 
        subsection (a); and
            ``(B) no waiver granted prior to the date of enactment of 
        this paragraph may be construed to waive the application of 
        subsection (a).''.

  TITLE III--TRANSPARENCY IN REGULATORY ANALYSIS OF IMPACTS ON NATION

SEC. 301. COMMITTEE FOR THE CUMULATIVE ANALYSIS OF REGULATIONS THAT 
              IMPACT ENERGY AND MANUFACTURING IN THE UNITED STATES.

    (a) Establishment.--The President shall establish a committee to be 
known as the Committee for the Cumulative Analysis of Regulations that 
Impact Energy and Manufacturing in the United States (in this Act 
referred to as the ``Committee'') to analyze and report on the 
cumulative and incremental impacts of certain rules and actions of the 
Environmental Protection Agency, in accordance with sections 302 and 
303.
    (b) Members.--The Committee shall be composed of the following 
officials (or their designees):
            (1) The Secretary of Agriculture, acting through the Chief 
        Economist.
            (2) The Secretary of Commerce, acting through the Chief 
        Economist and the Under Secretary for International Trade.
            (3) The Secretary of Labor, acting through the Commissioner 
        of the Bureau of Labor Statistics.
            (4) The Secretary of Energy, acting through the 
        Administrator of the Energy Information Administration.
            (5) The Secretary of the Treasury, acting through the 
        Deputy Assistant Secretary for Environment and Energy of the 
        Department of the Treasury.
            (6) The Administrator of the Environmental Protection 
        Agency.
            (7) The Chairman of the Council of Economic Advisors.
            (8) The Chairman of the Federal Energy Regulatory 
        Commission.
            (9) The Administrator of the Office of Information and 
        Regulatory Affairs.
            (10) The Chief Counsel for Advocacy of the Small Business 
        Administration.
            (11) The Chairman of the United States International Trade 
        Commission, acting through the Office of Economics.
    (c) Chair.--The Secretary of Commerce shall serve as Chair of the 
Committee. In carrying out the functions of the Chair, the Secretary of 
Commerce shall consult with the members serving on the Committee 
pursuant to paragraphs (5) and (11) of subsection (b).
    (d) Consultation.--In conducting analyses under section 302 and 
preparing reports under section 303, the Committee shall consult with, 
and consider pertinent reports issued by, the Electric Reliability 
Organization certified under section 215(c) of the Federal Power Act 
(16 U.S.C. 824o(c)).
    (e) Termination.--The Committee shall terminate 60 days after 
submitting its final report pursuant to section 303(c).

SEC. 302. ANALYSES.

    (a) Scope.--The Committee shall conduct analyses, for each of the 
calendar years 2016, 2020, and 2030, of the following:
            (1) The cumulative impact of covered rules that are 
        promulgated as final regulations on or before January 1, 2013, 
        in combination with covered actions.
            (2) The cumulative impact of all covered rules (including 
        covered rules that have not been promulgated as final 
        regulations on or before January 1, 2013), in combination with 
        covered actions.
            (3) The incremental impact of each covered rule not 
        promulgated as a final regulation on or before January 1, 2013, 
        relative to an analytic baseline representing the results of 
        the analysis conducted under paragraph (1).
    (b) Contents.--The Committee shall include in each analysis 
conducted under this section the following:
            (1) Estimates of the impacts of the covered rules and 
        covered actions with regard to--
                    (A) the global economic competitiveness of the 
                United States, particularly with respect to energy 
                intensive and trade sensitive industries;
                    (B) other cumulative costs and cumulative benefits, 
                including evaluation through a general equilibrium 
                model approach;
                    (C) any resulting change in national, State, and 
                regional electricity prices;
                    (D) any resulting change in national, State, and 
                regional fuel prices;
                    (E) the impact on national, State, and regional 
                employment during the 5-year period beginning on the 
                date of enactment of this Act, and also in the long 
                term, including secondary impacts associated with 
                increased energy prices and facility closures; and
                    (F) the reliability and adequacy of bulk power 
                supply in the United States.
            (2) Discussion of key uncertainties and assumptions 
        associated with each estimate.
            (3) A sensitivity analysis.
            (4) Discussion, and where feasible an assessment, of the 
        cumulative impact of the covered rules and covered actions on--
                    (A) consumers;
                    (B) small businesses;
                    (C) regional economies;
                    (D) State, local, and tribal governments;
                    (E) low-income communities;
                    (F) public health, including health effects 
                associated with regulatory costs;
                    (G) local and industry-specific labor markets; and
                    (H) agriculture,
        as well as key uncertainties associated with each topic.
    (c) Methods.--In conducting analyses under this section, the 
Committee shall use the best available methods, consistent with 
guidance from the Office of Information and Regulatory Affairs and the 
Office of Management and Budget Circular A-4.
    (d) Data.--In conducting analyses under this section, the 
Committee--
            (1) shall use the best data that are available to the 
        public or supplied to the Committee by its members, including 
        the most recent such data appropriate for this analysis 
        representing air quality, facility emissions, and installed 
        controls; and
            (2) is not required to create data or to use data that are 
        not readily accessible.
    (e) Covered Rules.--In this section, the term ``covered rule'' 
means the following:
            (1) The following published rules (including any successor 
        or substantially similar rule):
                    (A) The Clean Air Interstate Rule (as defined in 
                section 304(a)(4)).
                    (B) ``National Ambient Air Quality Standards for 
                Ozone'', published at 73 Fed. Reg. 16436 (March 27, 
                2008).
                    (C) ``National Emission Standards for Hazardous Air 
                Pollutants for Major Sources: Industrial, Commercial, 
                and Institutional Boilers and Process Heaters'', 
                published at 76 Fed. Reg. 15608 (March 21, 2011).
                    (D) ``National Emission Standards for Hazardous Air 
                Pollutants for Area Sources: Industrial, Commercial, 
                and Institutional Boilers'', published at 76 Fed. Reg. 
                15554 (March 21, 2011).
                    (E) ``National Emission Standards for Hazardous Air 
                Pollutants from Coal- and Oil-fired Electric Utility 
                Steam Generating Units and Standards of Performance for 
                Fossil-Fuel-Fired Electric Utility, Industrial-
                Commercial-Institutional, and Small Industrial-
                Commercial-Institutional Steam Generating Units'', 
                published at 77 Fed. Reg. 9304 (February 16, 2012).
                    (F) ``Hazardous and Solid Waste Management System; 
                Identification and Listing of Special Wastes; Disposal 
                of Coal Combustion Residuals From Electric Utilities'', 
                published at 75 Fed. Reg. 35127 (June 21, 2010).
                    (G) ``Primary National Ambient Air Quality Standard 
                for Sulfur Dioxide'', published at 75 Fed. Reg. 35520 
                (June 22, 2010).
                    (H) ``Primary National Ambient Air Quality 
                Standards for Nitrogen Dioxide'', published at 75 Fed. 
                Reg. 6474 (February 9, 2010).
                    (I) ``National Emission Standards for Hazardous Air 
                Pollutants from the Portland Cement Manufacturing 
                Industry and Standards of Performance for Portland 
                Cement Plants'', published at 75 Fed. Reg. 54970 
                (September 9, 2010).
            (2) The following additional rules or guidelines 
        promulgated on or after January 1, 2009:
                    (A) Any rule or guideline promulgated under section 
                111(b) or 111(d) of the Clean Air Act (42 U.S.C. 
                7411(b), 7411(d)) to address climate change.
                    (B) Any rule or guideline promulgated by the 
                Administrator of the Environmental Protection Agency, a 
                State, a local government, or a permitting agency under 
                or as the result of section 169A or 169B of the Clean 
                Air Act (42 U.S.C. 7491, 7492).
                    (C) Any rule establishing or modifying a national 
                ambient air quality standard under section 109 of the 
                Clean Air Act (42 U.S.C. 7409).
                    (D) Any rule addressing fuels under title II of the 
                Clean Air Act (42 U.S.C. 7521 et seq.) as described in 
                the Unified Agenda of Federal Regulatory and 
                Deregulatory Actions under Regulatory Identification 
                Number 2060-AQ86, or any substantially similar rule, 
                including any rule under section 211(v) of the Clean 
                Air Act (42 U.S.C. 7545(v)).
    (f) Covered Actions.--In this section, the term ``covered action'' 
means any action on or after January 1, 2009, by the Administrator of 
the Environmental Protection Agency, a State, a local government, or a 
permitting agency as a result of the application of part C of title I 
(relating to prevention of significant deterioration of air quality) or 
title V (relating to permitting) of the Clean Air Act (42 U.S.C. 7401 
et seq.), if such application occurs with respect to an air pollutant 
that is identified as a greenhouse gas in ``Endangerment and Cause or 
Contribute Findings for Greenhouse Gases Under Section 202(a) of the 
Clean Air Act'', published at 74 Fed. Reg. 66496 (December 15, 2009).

SEC. 303. REPORTS; PUBLIC COMMENT.

    (a) Preliminary Report.--Not later than March 31, 2013, the 
Committee shall make public and submit to the Committee on Energy and 
Commerce of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a preliminary report 
containing the results of the analyses conducted under section 302.
    (b) Public Comment Period.--The Committee shall accept public 
comments regarding the preliminary report submitted under subsection 
(a) for a period of 120 days after such submission.
    (c) Final Report.--Not later than September 30, 2013, the Committee 
shall submit to Congress a final report containing the analyses 
conducted under section 302, including any revisions to such analyses 
made as a result of public comments, and a response to such comments.

SEC. 304. ADDITIONAL PROVISIONS RELATING TO CERTAIN RULES.

    (a) Cross-State Air Pollution Rule/Transport Rule.--
            (1) Earlier rules.--The rule entitled ``Federal 
        Implementation Plans: Interstate Transport of Fine Particulate 
        Matter and Ozone and Correction of SIP Approvals'', published 
        at 76 Fed. Reg. 48208 (August 8, 2011), and any successor or 
        substantially similar rule, shall be of no force or effect, and 
        shall be treated as though such rule had never taken effect.
            (2) Continued applicability of clean air interstate rule.--
        In place of any rule described in paragraph (1), the 
        Administrator of the Environmental Protection Agency (in this 
        section referred to as the ``Administrator'') shall continue to 
        implement the Clean Air Interstate Rule.
            (3) Additional rulemakings.--
                    (A) Issuance of new rules.--The Administrator--
                            (i) shall not issue any proposed or final 
                        rule under section 110(a)(2)(D)(i)(I) or 
                        section 126 of the Clean Air Act (42 U.S.C. 
                        7410(a)(2)(D)(i)(I), 7426) relating to national 
                        ambient air quality standards for ozone or 
                        particulate matter (including any modification 
                        of the Clean Air Interstate Rule) before the 
                        date that is 3 years after the date on which 
                        the Committee submits the final report under 
                        section 303(c);
                            (ii) in issuing any rule described in 
                        clause (i), shall base the rule on actual 
                        monitored (and not modeled) data and shall, 
                        notwithstanding section 110(a)(2)(D)(i)(I), 
                        allow the trading of emissions allowances among 
                        entities covered by the rule irrespective of 
                        the States in which such entities are located;
                            (iii) shall not issue any proposed or final 
                        rule under section 109 of the Clean Air Act (42 
                        U.S.C. 7409) that relies upon scientific or 
                        technical data that have not been made 
                        available to the public; and
                            (iv) shall not issue any proposed or final 
                        rule under section 109 of the Clean Air Act (42 
                        U.S.C. 7409), unless the accompanying 
                        regulatory impact analysis, as required under 
                        Executive Order No. 12866, is peer reviewed in 
                        a manner consistent with the Office of 
                        Management and Budget's ``Final Information 
                        Quality Bulletin for Peer Review'' and the 
                        third edition of the Environmental Protection 
                        Agency's ``Peer Review Handbook''.
                    (B) Implementation schedule.--In promulgating any 
                final rule described in subparagraph (A)(i), the 
                Administrator shall establish a date for State 
                implementation of the standards established by such 
                final rule that is not earlier than 3 years after the 
                date of publication of such final rule.
            (4) Definition of clean air interstate rule.--For purposes 
        of this section, the term ``Clean Air Interstate Rule'' means 
        the Clean Air Interstate Rule and the rule establishing Federal 
        Implementation Plans for the Clean Air Interstate Rule as 
        promulgated and modified by the Administrator (70 Fed. Reg. 
        25162 (May 12, 2005), 71 Fed. Reg. 25288 (April 28, 2006), 72 
        Fed. Reg. 55657 (October 1, 2007), 72 Fed. Reg. 59190 (October 
        19, 2007), 72 Fed. Reg. 62338 (November 2, 2007), 74 Fed. Reg. 
        56721 (November 3, 2009)).
    (b) Steam Generating Unit Rules.--
            (1) Earlier rules.--The proposed rule entitled ``National 
        Emission Standards for Hazardous Air Pollutants From Coal- and 
        Oil-Fired Electric Utility Steam Generating Units and Standards 
        of Performance for Fossil-Fuel-Fired Electric Utility, 
        Industrial-Commercial- Institutional, and Small Industrial-
        Commercial-Institutional Steam Generating Units'' published at 
        76 Fed. Reg. 24976 (May 3, 2011), and any final rule that is 
        based on such proposed rule and is issued prior to the date of 
        the enactment of this Act, shall be of no force and effect, and 
        shall be treated as though such proposed or final rule had 
        never been issued. In conducting analyses under section 302(a), 
        the Committee shall analyze the rule described in section 
        302(e)(1)(E) (including any successor or substantially similar 
        rule) as if the preceding sentence did not apply to such rule.
            (2) Promulgation of final rules.--In place of the rules 
        described in paragraph (1), the Administrator shall--
                    (A) issue regulations establishing national 
                emission standards for coal-and oil-fired electric 
                utility steam generating units under section 112 of the 
                Clean Air Act (42 U.S.C. 7412) with respect to each 
                hazardous air pollutant for which the Administrator 
                finds such regulations are appropriate and necessary 
                pursuant to subsection (n)(1)(A) of such section;
                    (B) issue regulations establishing standards of 
                performance for fossil-fuel-fired electric utility, 
                industrial-commercial-institutional, and small 
                industrial-commercial-institutional steam generating 
                units under section 111 of the Clean Air Act (42 U.S.C. 
                111); and
                    (C) issue the final regulations required by 
                subparagraphs (A) and (B)--
                            (i) after issuing proposed regulations 
                        under such subparagraphs;
                            (ii) after consideration of the final 
                        report submitted under section 303(c); and
                            (iii) not earlier than the date that is 12 
                        months after the date on which the Committee 
                        submits such report to the Congress, or such 
                        later date as may be determined by the 
                        Administrator.
            (3) Compliance provisions.--
                    (A) Establishment of compliance dates.--In 
                promulgating the regulations under paragraph (2), the 
                Administrator--
                            (i) shall establish a date for compliance 
                        with the standards and requirements under such 
                        regulations that is not earlier than 5 years 
                        after the effective date of the regulations; 
                        and
                            (ii) in establishing a date for such 
                        compliance, shall take into consideration--
                                    (I) the costs of achieving 
                                emissions reductions;
                                    (II) any non-air quality health and 
                                environmental impact and energy 
                                requirements of the standards and 
                                requirements;
                                    (III) the feasibility of 
                                implementing the standards and 
                                requirements, including the time needed 
                                to--
                                            (aa) obtain necessary 
                                        permit approvals; and
                                            (bb) procure, install, and 
                                        test control equipment;
                                    (IV) the availability of equipment, 
                                suppliers, and labor, given the 
                                requirements of the regulations and 
                                other proposed or finalized 
                                regulations; and
                                    (V) potential net employment 
                                impacts.
                    (B) New sources.--With respect to the regulations 
                promulgated pursuant to paragraph (2)--
                            (i) the date on which the Administrator 
                        proposes a regulation pursuant to paragraph 
                        (2)(A) establishing an emission standard under 
                        section 112 of the Clean Air Act (42 U.S.C. 
                        7412) shall be treated as the date on which the 
                        Administrator first proposes such a regulation 
                        for purposes of applying the definition of a 
                        new source under section 112(a)(4) of such Act 
                        (42 U.S.C. 7412(a)(4));
                            (ii) the date on which the Administrator 
                        proposes a regulation pursuant to paragraph 
                        (2)(B) establishing a standard of performance 
                        under section 111 of the Clean Air Act (42 
                        U.S.C. 7411) shall be treated as the date on 
                        which the Administrator proposes such a 
                        regulation for purposes of applying the 
                        definition of a new source under section 
                        111(a)(2) of such Act (42 U.S.C. 7411(a)(2));
                            (iii) for purposes of any emission standard 
                        or limitation applicable to electric utility 
                        steam generating units, the term ``new source'' 
                        means a stationary source for which a 
                        preconstruction permit or other preconstruction 
                        approval required under the Clean Air Act (42 
                        U.S.C. 7401 et seq.) has been issued after the 
                        effective date of such emissions standard or 
                        limitation; and
                            (iv) for purposes of clause (iii), the date 
                        of issuance of a preconstruction permit or 
                        other preconstruction approval is deemed to be 
                        the date on which such permit or approval is 
                        issued to the applicant irrespective of any 
                        administrative or judicial review occurring 
                        after such date.
                    (C) Rule of construction.--Nothing in this 
                subsection shall be construed to restrict or otherwise 
                affect the provisions of paragraphs (3)(B) and (4) of 
                section 112(i) of the Clean Air Act (42 U.S.C. 
                7412(i)).
            (4) Other provisions.--
                    (A) Establishment of standards achievable in 
                practice.--The regulations promulgated pursuant to 
                paragraph (2)(A) of this section shall apply section 
                112(d)(3) of the Clean Air Act (42 U.S.C. 7412(d)(3)) 
                in accordance with the following:
                            (i) New sources.--With respect to new 
                        sources:
                                    (I) The Administrator shall 
                                identify the best controlled similar 
                                source for each source category or 
                                subcategory.
                                    (II) The best controlled similar 
                                source for a category or subcategory 
                                shall be the single source that is 
                                determined by the Administrator to be 
                                the best controlled, in the aggregate, 
                                for all of the hazardous air pollutants 
                                for which the Administrator intends to 
                                issue standards for such source 
                                category or subcategory, under actual 
                                operating conditions, taking into 
                                account the variability in actual 
                                source performance, source design, 
                                fuels, controls, ability to measure 
                                pollutant emissions, and operating 
                                conditions.
                            (ii) Existing sources.--With respect to 
                        existing sources:
                                    (I) The Administrator shall 
                                identify one group of sources that 
                                constitutes the best performing 12 
                                percent of existing sources for each 
                                source category or subcategory.
                                    (II) The group constituting the 
                                best performing 12 percent of existing 
                                sources for a category or subcategory 
                                shall be the single group that is 
                                determined by the Administrator to be 
                                the best performing, in the aggregate, 
                                for all of the hazardous air pollutants 
                                for which the Administrator intends to 
                                issue standards for such source 
                                category or subcategory, under actual 
                                operating conditions, taking into 
                                account the variability in actual 
                                source performance, source design, 
                                fuels, controls, ability to measure 
                                pollutant emissions, and operating 
                                conditions.
                    (B) Regulatory alternatives.--For the regulations 
                promulgated pursuant to paragraph (2) of this section, 
                from among the range of regulatory alternatives 
                authorized under the Clean Air Act (42 U.S.C. 7401 et 
                seq.), including work practice standards under section 
                112(h) of such Act (42 U.S.C. 7412(h)), the 
                Administrator shall impose the least burdensome, 
                consistent with the purposes of such Act and Executive 
                Order No. 13563 published at 76 Fed. Reg. 3821 (January 
                21, 2011).

SEC. 305. CONSIDERATION OF FEASIBILITY AND COST IN ESTABLISHING 
              NATIONAL AMBIENT AIR QUALITY STANDARDS.

    In establishing any national primary or secondary ambient air 
quality standard under section 109 of the Clean Air Act (42 U.S.C. 
7409), the Administrator of the Environmental Protection Agency shall 
take into consideration feasibility and cost.

     TITLE IV--MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS

SEC. 401. MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS.

    (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 
U.S.C. 6941 et seq.) is amended by adding at the end the following:

``SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS.

    ``(a) State Permit Programs for Coal Combustion Residuals.--Each 
State may adopt and implement a coal combustion residuals permit 
program.
    ``(b) State Actions.--
            ``(1) Notification.--Not later than 6 months after the date 
        of enactment of this section (except as provided by the 
        deadline identified under subsection (d)(3)(B)), the Governor 
        of each State shall notify the Administrator, in writing, 
        whether such State will adopt and implement a coal combustion 
        residuals permit program.
            ``(2) Certification.--
                    ``(A) In general.--Not later than 36 months after 
                the date of enactment of this section (except as 
                provided in subsections (f)(1)(A) and (f)(1)(C)), in 
                the case of a State that has notified the Administrator 
                that it will implement a coal combustion residuals 
                permit program, the head of the lead State agency 
                responsible for implementing the coal combustion 
                residuals permit program shall submit to the 
                Administrator a certification that such coal combustion 
                residuals permit program meets the specifications 
                described in subsection (c).
                    ``(B) Contents.--A certification submitted under 
                this paragraph shall include--
                            ``(i) a letter identifying the lead State 
                        agency responsible for implementing the coal 
                        combustion residuals permit program, signed by 
                        the head of such agency;
                            ``(ii) identification of any other State 
                        agencies involved with the implementation of 
                        the coal combustion residuals permit program;
                            ``(iii) a narrative description that 
                        provides an explanation of how the State will 
                        ensure that the coal combustion residuals 
                        permit program meets the requirements of this 
                        section, including a description of the 
                        State's--
                                    ``(I) process to inspect or 
                                otherwise determine compliance with 
                                such permit program;
                                    ``(II) process to enforce the 
                                requirements of such permit program;
                                    ``(III) public participation 
                                process for the promulgation, 
                                amendment, or repeal of regulations 
                                for, and the issuance of permits under, 
                                such permit program; and
                                    ``(IV) statutes, regulations, or 
                                policies pertaining to public access to 
                                information, such as groundwater 
                                monitoring data;
                            ``(iv) a legal certification that the State 
                        has, at the time of certification, fully 
                        effective statutes or regulations necessary to 
                        implement a coal combustion residuals permit 
                        program that meets the specifications described 
                        in subsection (c); and
                            ``(v) copies of State statutes and 
                        regulations described in clause (iv).
                    ``(C) Updates.--A State may update the 
                certification as needed to reflect changes to the coal 
                combustion residuals permit program.
            ``(3) Maintenance of 4005(c) or 3006 program.--In order to 
        adopt or implement a coal combustion residuals permit program 
        under this section (including pursuant to subsection (f)), the 
        State agency responsible for implementing a coal combustion 
        residuals permit program in a State shall maintain an approved 
        program under section 4005(c) or an authorized program under 
        section 3006.
    ``(c) Permit Program Specifications.--
            ``(1) Minimum requirements.--
                    ``(A) In general.--A coal combustion residuals 
                permit program shall apply the revised criteria 
                described in paragraph (2) to owners or operators of 
                structures, including surface impoundments, that 
                receive coal combustion residuals.
                    ``(B) Structural integrity.--
                            ``(i) Engineering certification.--A coal 
                        combustion residuals permit program shall 
                        require that an independent registered 
                        professional engineer certify that--
                                    ``(I) the design of structures is 
                                in accordance with recognized and 
                                generally accepted good engineering 
                                practices for containment of the 
                                maximum volume of coal combustion 
                                residuals and liquids appropriate for 
                                the structure; and
                                    ``(II) the construction and 
                                maintenance of the structure will 
                                ensure dam stability.
                            ``(ii) Inspection.--A coal combustion 
                        residuals permit program shall require that 
                        structures that are surface impoundments be 
                        inspected not less than annually by an 
                        independent registered professional engineer to 
                        assure that the design, operation, and 
                        maintenance of the surface impoundment is in 
                        accordance with recognized and generally 
                        accepted good engineering practices for 
                        containment of the maximum volume of coal 
                        combustion residuals and liquids which can be 
                        impounded, so as to ensure dam stability.
                            ``(iii) Deficiency.--
                                    ``(I) In general.--If the head of 
                                the agency responsible for implementing 
                                the coal combustion residuals permit 
                                program determines that a structure is 
                                deficient with respect to the 
                                requirements in clauses (i) and (ii), 
                                the head of the agency has the 
                                authority to require action to correct 
                                the deficiency according to a schedule 
                                determined by the agency.
                                    ``(II) Uncorrected deficiencies.--
                                If a deficiency is not corrected 
                                according to the schedule, the head of 
                                the agency has the authority to require 
                                that the structure close in accordance 
                                with subsection (h).
                    ``(C) Location.--Each structure that first receives 
                coal combustion residuals after the date of enactment 
                of this section shall be constructed with a base 
                located a minimum of 2 feet above the upper limit of 
                the water table, unless it is demonstrated to the 
                satisfaction of the agency responsible for implementing 
                the coal combustion residuals permit program that--
                            ``(i) the hydrogeologic characteristics of 
                        the structure and surrounding land would 
                        preclude such a requirement; and
                            ``(ii) the function and integrity of the 
                        liner system will not be adversely impacted by 
                        contact with the water table.
                    ``(D) Wind dispersal.--
                            ``(i) In general.--The agency responsible 
                        for implementing the coal combustion residuals 
                        permit program shall require that owners or 
                        operators of structures address wind dispersal 
                        of dust by requiring cover, or by wetting coal 
                        combustion residuals with water to a moisture 
                        content that prevents wind dispersal, 
                        facilitates compaction, and does not result in 
                        free liquids.
                            ``(ii) Alternative methods.--Subject to the 
                        review and approval by the agency, owners or 
                        operators of structures may propose alternative 
                        methods to address wind dispersal of dust that 
                        will provide comparable or more effective 
                        control of dust.
                    ``(E) Permits.--The agency responsible for 
                implementing the coal combustion residuals permit 
                program shall require that the owner or operator of 
                each structure that receives coal combustion residuals 
                after the date of enactment of this section apply for 
                and obtain a permit incorporating the requirements of 
                the coal combustion residuals permit program.
                    ``(F) State notification and groundwater 
                monitoring.--
                            ``(i) Notification.--Not later than the 
                        date on which a State submits a certification 
                        under subsection (b)(2), the State shall notify 
                        owners or operators of structures within the 
                        State of--
                                    ``(I) the obligation to apply for 
                                and obtain a permit under subparagraph 
                                (E); and
                                    ``(II) the groundwater monitoring 
                                requirements applicable to structures 
                                under paragraph (2)(A)(ii).
                            ``(ii) Groundwater monitoring.--Not later 
                        than 1 year after the date on which a State 
                        submits a certification under subsection 
                        (b)(2), the State shall require the owner or 
                        operator of each structure to comply with the 
                        groundwater monitoring requirements under 
                        paragraph (2)(A)(ii).
                    ``(G) Agency requirements.--Except for information 
                described in section 1905 of title 18, United States 
                Code, the agency responsible for implementing the coal 
                combustion residuals permit program shall ensure that--
                            ``(i) documents for permit determinations 
                        are made available for public review and 
                        comment under the public participation process 
                        described in subsection (b)(2)(B)(iii)(III);
                            ``(ii) final determinations on permit 
                        applications are made known to the public; and
                            ``(iii) groundwater monitoring data 
                        collected under paragraph (2) is publicly 
                        available.
                    ``(H) Agency authority.--
                            ``(i) In general.--The agency responsible 
                        for implementing the coal combustion residuals 
                        permit program has the authority to--
                                    ``(I) obtain information necessary 
                                to determine whether the owner or 
                                operator of a structure is in 
                                compliance with the coal combustion 
                                residuals permit program requirements 
                                of this section;
                                    ``(II) conduct or require 
                                monitoring and testing to ensure that 
                                structures are in compliance with the 
                                coal combustion residuals permit 
                                program requirements of this section; 
                                and
                                    ``(III) enter, at reasonable times, 
                                any site or premise subject to the coal 
                                combustion residuals permit program for 
                                the purpose of inspecting structures 
                                and reviewing records relevant to the 
                                operation and maintenance of 
                                structures.
                            ``(ii) Monitoring and testing.--If 
                        monitoring or testing is conducted under clause 
                        (i)(II) by or for the agency responsible for 
                        implementing the coal combustion residuals 
                        permit program, the agency shall, if requested, 
                        provide to the owner or operator--
                                    ``(I) a written description of the 
                                monitoring or testing completed;
                                    ``(II) at the time of sampling, a 
                                portion of each sample equal in volume 
                                or weight to the portion retained by or 
                                for the agency; and
                                    ``(III) a copy of the results of 
                                any analysis of samples collected by or 
                                for the agency.
                    ``(I) State authority.--A State implementing a coal 
                combustion residuals permit program has the authority 
                to--
                            ``(i) inspect structures; and
                            ``(ii) implement and enforce the coal 
                        combustion residuals permit program.
                    ``(J) Requirements for surface impoundments that do 
                not meet certain criteria.--
                            ``(i) In general.--In addition to the 
                        groundwater monitoring and corrective action 
                        requirements described in paragraph (2)(A)(ii), 
                        a coal combustion residuals permit program 
                        shall require a surface impoundment that 
                        receives coal combustion residuals after the 
                        date of enactment of this section to--
                                    ``(I) comply with the requirements 
                                in clause (ii)(I)(aa) and subclauses 
                                (II) through (IV) of clause (ii) if the 
                                surface impoundment--
                                            ``(aa) does not--

                                                    ``(AA) have a liner 
                                                system described in 
                                                section 258.40(b) of 
                                                title 40, Code of 
                                                Federal Regulations; 
                                                and

                                                    ``(BB) meet the 
                                                design criteria 
                                                described in section 
                                                258.40(a)(1) of title 
                                                40, Code of Federal 
                                                Regulations; and

                                            ``(bb) within 10 years 
                                        after the date of enactment of 
                                        this section, is required under 
                                        section 258.56(a) of title 40, 
                                        Code of Federal Regulations, to 
                                        undergo an assessment of 
                                        corrective measures for any 
                                        constituent identified in 
                                        paragraph (2)(A)(ii) for which 
                                        assessment groundwater 
                                        monitoring is required; and
                                    ``(II) comply with the requirements 
                                in clause (ii)(I)(bb) and subclauses 
                                (II) through (IV) of clause (ii) if the 
                                surface impoundment--
                                            ``(aa) does not--

                                                    ``(AA) have a liner 
                                                system described in 
                                                section 258.40(b) of 
                                                title 40, Code of 
                                                Federal Regulations; 
                                                and

                                                    ``(BB) meet the 
                                                design criteria 
                                                described in section 
                                                258.40(a)(1) of title 
                                                40, Code of Federal 
                                                Regulations; and

                                            ``(bb) as of the date of 
                                        enactment of this section, is 
                                        subject to a State corrective 
                                        action requirement.
                            ``(ii) Requirements.--
                                    ``(I) Deadlines.--
                                            ``(aa) In general.--Except 
                                        as provided in item (bb), 
                                        subclause (IV), and clause 
                                        (iii), the groundwater 
                                        protection standard for 
                                        structures identified in clause 
                                        (i)(I) established by the 
                                        agency responsible for 
                                        implementing the coal 
                                        combustion residuals permit 
                                        program under section 258.55(h) 
                                        or 258.55(i) of title 40, Code 
                                        of Federal Regulations, for any 
                                        constituent for which 
                                        corrective measures are 
                                        required shall be met--

                                                    ``(AA) as soon as 
                                                practicable at the 
                                                relevant point of 
                                                compliance, as 
                                                described in section 
                                                258.40(d) of title 40, 
                                                Code of Federal 
                                                Regulations; and

                                                    ``(BB) not later 
                                                than 10 years after the 
                                                date of enactment of 
                                                this section.

                                            ``(bb) Impoundments subject 
                                        to state corrective action 
                                        requirements.--Except as 
                                        provided in subclause (IV), the 
                                        groundwater protection standard 
                                        for structures identified in 
                                        clause (i)(II) established by 
                                        the agency responsible for 
                                        implementing the coal 
                                        combustion residuals permit 
                                        program under section 258.55(h) 
                                        or 258.55(i) of title 40, Code 
                                        of Federal Regulations, for any 
                                        constituent for which 
                                        corrective measures are 
                                        required shall be met--

                                                    ``(AA) as soon as 
                                                practicable at the 
                                                relevant point of 
                                                compliance, as 
                                                described in section 
                                                258.40(d) of title 40, 
                                                Code of Federal 
                                                Regulations; and

                                                    ``(BB) not later 
                                                than 8 years after the 
                                                date of enactment of 
                                                this section.

                                    ``(II) Closure.--If the deadlines 
                                under clause (I) are not satisfied, the 
                                structure shall cease receiving coal 
                                combustion residuals and initiate 
                                closure under subsection (h).
                                    ``(III) Interim measures.--
                                            ``(aa) In general.--Except 
                                        as provided in item (bb), not 
                                        later than 90 days after the 
                                        date on which the assessment of 
                                        corrective measures is 
                                        initiated, the owner or 
                                        operator shall implement 
                                        interim measures, as necessary, 
                                        under the factors in section 
                                        258.58(a)(3) of title 40, Code 
                                        of Federal Regulations.
                                            ``(bb) Impoundments subject 
                                        to state corrective action 
                                        requirements.--Item (aa) shall 
                                        only apply to surface 
                                        impoundments subject to a State 
                                        corrective action requirement 
                                        as of the date of enactment of 
                                        this section if the owner or 
                                        operator has not implemented 
                                        interim measures, as necessary, 
                                        under the factors in section 
                                        258.58(a)(3) of title 40, Code 
                                        of Federal Regulations.
                                    ``(IV) Extension of deadline.--
                                            ``(aa) In general.--Except 
                                        as provided in item (bb), the 
                                        deadline for meeting a 
                                        groundwater protection standard 
                                        under subclause (I) may be 
                                        extended by the agency 
                                        responsible for implementing 
                                        the coal combustion residuals 
                                        permit program, after 
                                        opportunity for public notice 
                                        and comment under the public 
                                        participation process described 
                                        in subsection 
                                        (b)(2)(B)(iii)(III), based on--

                                                    ``(AA) the 
                                                effectiveness of any 
                                                interim measures 
                                                implemented by the 
                                                owner or operator of 
                                                the facility under 
                                                section 258.58(a)(3) of 
                                                title 40, Code of 
                                                Federal Regulations;

                                                    ``(BB) the level of 
                                                progress demonstrated 
                                                in meeting the 
                                                groundwater protection 
                                                standard;

                                                    ``(CC) the 
                                                potential for other 
                                                adverse human health or 
                                                environmental exposures 
                                                attributable to the 
                                                contamination from the 
                                                surface impoundment 
                                                undergoing corrective 
                                                action; and

                                                    ``(DD) the lack of 
                                                available alternative 
                                                management capacity for 
                                                the coal combustion 
                                                residuals and related 
                                                materials managed in 
                                                the impoundment at the 
                                                facility at which the 
                                                impoundment is located 
                                                if the owner or 
                                                operator has used best 
                                                efforts, as necessary, 
                                                to design, obtain any 
                                                necessary permits, 
                                                finance, construct, and 
                                                render operational the 
                                                alternative management 
                                                capacity during the 
                                                time period for meeting 
                                                a groundwater 
                                                protection standard in 
                                                subclause (I).

                                            ``(bb) Exception.--The 
                                        deadlines under subclause (I) 
                                        shall not be extended if there 
                                        has been contamination of 
                                        public or private drinking 
                                        water systems attributable to a 
                                        surface impoundment undergoing 
                                        corrective action, unless the 
                                        contamination has been 
                                        addressed by providing a 
                                        permanent replacement water 
                                        system.
                            ``(iii) Subsequent closure.--
                                    ``(I) In general.--In addition to 
                                the groundwater monitoring and 
                                corrective action requirements 
                                described in paragraph (2)(A)(ii), a 
                                coal combustion residuals permit 
                                program shall require a surface 
                                impoundment that receives coal 
                                combustion residuals after the date of 
                                enactment of this section to comply 
                                with the requirements in subclause (II) 
                                if the surface impoundment--
                                            ``(aa) does not--

                                                    ``(AA) have a liner 
                                                system described in 
                                                section 258.40(b) of 
                                                title 40, Code of 
                                                Federal Regulations; 
                                                and

                                                    ``(BB) meet the 
                                                design criteria 
                                                described in section 
                                                258.40(a)(1) of title 
                                                40, Code of Federal 
                                                Regulations;

                                            ``(bb) more than 10 years 
                                        after the date of enactment of 
                                        this section, is required under 
                                        section 258.56(a) of title 40, 
                                        Code of Federal Regulations, to 
                                        undergo an assessment of 
                                        corrective measures for any 
                                        constituent identified in 
                                        paragraph (2)(A)(ii) for which 
                                        assessment groundwater 
                                        monitoring is required; and
                                            ``(cc) is not subject to 
                                        the requirements in clause 
                                        (ii).
                                    ``(II) Requirements.--
                                            ``(aa) Closure.--The 
                                        structures identified in 
                                        subclause (I) shall cease 
                                        receiving coal combustion 
                                        residuals and initiate closure 
                                        in accordance with subsection 
                                        (h) after alternative 
                                        management capacity for the 
                                        coal combustion residuals and 
                                        related materials managed in 
                                        the impoundment at the facility 
                                        is available.
                                            ``(bb) Best efforts.--The 
                                        alternative management capacity 
                                        shall be developed as soon as 
                                        practicable with the owner or 
                                        operator using best efforts to 
                                        design, obtain necessary 
                                        permits, finance, construct, 
                                        and render operational the 
                                        alternative management 
                                        capacity.
                                            ``(cc) Alternative 
                                        management capacity plan.--The 
                                        owner or operator shall, in 
                                        collaboration with the agency 
                                        responsible for implementing 
                                        the coal combustion residuals 
                                        permit program, prepare a 
                                        written plan that describes the 
                                        steps necessary to develop the 
                                        alternative management capacity 
                                        and includes a schedule for 
                                        completion.
                                            ``(dd) Public 
                                        participation.--The plan 
                                        described in item (cc) shall be 
                                        subject to public notice and 
                                        comment under the public 
                                        participation process described 
                                        in subsection 
                                        (b)(2)(B)(iii)(III).
            ``(2) Revised criteria.--The revised criteria described in 
        this paragraph are--
                    ``(A) the revised criteria for design, groundwater 
                monitoring, corrective action, closure, and post-
                closure, for structures, including--
                            ``(i) for new structures, and lateral 
                        expansions of existing structures, that first 
                        receive coal combustion residuals after the 
                        date of enactment of this section, the revised 
                        criteria regarding design requirements 
                        described in section 258.40 of title 40, Code 
                        of Federal Regulations, except that the 
                        leachate collection system requirements 
                        described in section 258.40(a)(2) of title 40, 
                        Code of Federal Regulations do not apply to 
                        structures that are surface impoundments;
                            ``(ii) for all structures that receive coal 
                        combustion residuals after the date of 
                        enactment of this section, the revised criteria 
                        regarding groundwater monitoring and corrective 
                        action requirements described in subpart E of 
                        part 258 of title 40, Code of Federal 
                        Regulations, except that, for the purposes of 
                        this paragraph, the revised criteria shall also 
                        include--
                                    ``(I) for the purposes of detection 
                                monitoring, the constituents boron, 
                                chloride, conductivity, fluoride, 
                                mercury, pH, sulfate, sulfide, and 
                                total dissolved solids; and
                                    ``(II) for the purposes of 
                                assessment monitoring, establishing a 
                                groundwater protection standard, and 
                                assessment of corrective measures, the 
                                constituents aluminum, boron, chloride, 
                                fluoride, iron, manganese, molybdenum, 
                                pH, sulfate, and total dissolved 
                                solids;
                            ``(iii) for all structures that receive 
                        coal combustion residuals after the date of 
                        enactment of this section, in a manner 
                        consistent with subsection (h), the revised 
                        criteria for closure described in subsections 
                        (a) through (c) and (h) through (j) of section 
                        258.60 of title 40, Code of Federal 
                        Regulations; and
                            ``(iv) for all structures that receive coal 
                        combustion residuals after the date of 
                        enactment of this section, the revised criteria 
                        for post-closure care described in section 
                        258.61 of title 40, Code of Federal 
                        Regulations, except for the requirement 
                        described in subsection (a)(4) of that section;
                    ``(B) the revised criteria for location 
                restrictions described in--
                            ``(i) for new structures, and lateral 
                        expansions of existing structures, that first 
                        receive coal combustion residuals after the 
                        date of enactment of this section, sections 
                        258.11 through 258.15 of title 40, Code of 
                        Federal Regulations; and
                            ``(ii) for existing structures that receive 
                        coal combustion residuals after the date of 
                        enactment of this section, sections 258.11 and 
                        258.15 of title 40, Code of Federal 
                        Regulations;
                    ``(C) for all structures that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for air quality 
                described in section 258.24 of title 40, Code of 
                Federal Regulations;
                    ``(D) for all structures that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for financial 
                assurance described in subpart G of part 258 of title 
                40, Code of Federal Regulations;
                    ``(E) for all structures that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for surface water 
                described in section 258.27 of title 40, Code of 
                Federal Regulations;
                    ``(F) for all structures that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for recordkeeping 
                described in section 258.29 of title 40, Code of 
                Federal Regulations;
                    ``(G) for landfills and other land-based units, 
                other than surface impoundments, that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for run-on and run-
                off control systems described in section 258.26 of 
                title 40, Code of Federal Regulations; and
                    ``(H) for surface impoundments that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for run-off control 
                systems described in section 258.26(a)(2) of title 40, 
                Code of Federal Regulations.
    ``(d) Written Notice and Opportunity to Remedy.--
            ``(1) In general.--The Administrator shall provide to a 
        State written notice and an opportunity to remedy deficiencies 
        in accordance with paragraph (2) if at any time the State--
                    ``(A) does not satisfy the notification requirement 
                under subsection (b)(1);
                    ``(B) has not submitted a certification under 
                subsection (b)(2);
                    ``(C) does not satisfy the maintenance requirement 
                under subsection (b)(3);
                    ``(D) is not implementing a coal combustion 
                residuals permit program that--
                            ``(i) meets the specifications described in 
                        subsection (c); or
                            ``(ii)(I) is consistent with the 
                        certification under subsection (b)(2)(B)(iii); 
                        and
                                    ``(II) maintains fully effective 
                                statutes or regulations necessary to 
                                implement a coal combustion residuals 
                                permit program; or
                    ``(E) does not make available to the Administrator, 
                within 90 days of a written request, specific 
                information necessary for the Administrator to 
                ascertain whether the State has complied with 
                subparagraphs (A) through (D).
            ``(2) Request.--If the request described in paragraph 
        (1)(E) is made pursuant to a petition of the Administrator, the 
        Administrator shall only make the request if the Administrator 
        does not possess the information necessary to ascertain whether 
        the State has complied with subparagraphs (A) through (D) of 
        paragraph (1).
            ``(3) Contents of notice; deadline for response.--A notice 
        provided under this subsection shall--
                    ``(A) include findings of the Administrator 
                detailing any applicable deficiencies in--
                            ``(i) compliance by the State with the 
                        notification requirement under subsection 
                        (b)(1);
                            ``(ii) compliance by the State with the 
                        certification requirement under subsection 
                        (b)(2);
                            ``(iii) compliance by the State with the 
                        maintenance requirement under subsection 
                        (b)(3);
                            ``(iv) the State coal combustion residuals 
                        permit program in meeting the specifications 
                        described in subsection (c); and
                            ``(v) compliance by the State with the 
                        request under paragraph (1)(E); and
                    ``(B) identify, in collaboration with the State, a 
                reasonable deadline, by which the State shall remedy 
                the deficiencies detailed under subparagraph (A), which 
                shall be--
                            ``(i) in the case of a deficiency described 
                        in clauses (i) through (iv) of subparagraph 
                        (A), not earlier than 180 days after the date 
                        on which the State receives the notice; and
                            ``(ii) in the case of a deficiency 
                        described in subparagraph (A)(v), not later 
                        than 90 days after the date on which the State 
                        receives the notice.
    ``(e) Implementation by Administrator.--
            ``(1) In general.--The Administrator shall implement a coal 
        combustion residuals permit program for a State only if--
                    ``(A) the Governor of the State notifies the 
                Administrator under subsection (b)(1) that the State 
                will not adopt and implement a permit program;
                    ``(B) the State has received a notice under 
                subsection (d) and the Administrator determines, after 
                providing a 30-day period for notice and public 
                comment, that the State has failed, by the deadline 
                identified in the notice under subsection (d)(3)(B), to 
                remedy the deficiencies detailed in the notice under 
                subsection (d)(3)(A); or
                    ``(C) the State informs the Administrator, in 
                writing, that such State will no longer implement such 
                a permit program.
            ``(2) Review.--A State may obtain a review of a 
        determination by the Administrator under this subsection as if 
        the determination was a final regulation for purposes of 
        section 7006.
            ``(3) Other structures.--For structures located on property 
        within the exterior boundaries of a State for which the State 
        does not have authority or jurisdiction to regulate, the 
        Administrator shall implement a coal combustion residuals 
        permit program only for those structures.
            ``(4) Requirements.--If the Administrator implements a coal 
        combustion residuals permit program for a State under paragraph 
        (1) or (3), the permit program shall consist of the 
        specifications described in subsection (c).
            ``(5) Enforcement.--
                    ``(A) In general.--If the Administrator implements 
                a coal combustion residuals permit program for a State 
                under paragraph (1)--
                            ``(i) the authorities referred to in 
                        section 4005(c)(2)(A) shall apply with respect 
                        to coal combustion residuals and structures for 
                        which the Administrator is implementing the 
                        coal combustion residuals permit program; and
                            ``(ii) the Administrator may use those 
                        authorities to inspect, gather information, and 
                        enforce the requirements of this section in the 
                        State.
                    ``(B) Other structures.--If the Administrator 
                implements a coal combustion residuals permit program 
                for a State under paragraph (3)--
                            ``(i) the authorities referred to in 
                        section 4005(c)(2)(A) shall apply with respect 
                        to coal combustion residuals and structures for 
                        which the Administrator is implementing the 
                        coal combustion residuals permit program; and
                            ``(ii) the Administrator may use those 
                        authorities to inspect, gather information, and 
                        enforce the requirements of this section for 
                        the structures for which the Administrator is 
                        implementing the coal combustion residuals 
                        permit program.
    ``(f) State Control After Implementation by Administrator.--
            ``(1) State control.--
                    ``(A) New adoption and implementation by state.--
                For a State for which the Administrator is implementing 
                a coal combustion residuals permit program under 
                subsection (e)(1)(A), the State may adopt and implement 
                such a permit program by--
                            ``(i) notifying the Administrator that the 
                        State will adopt and implement such a permit 
                        program;
                            ``(ii) not later than 6 months after the 
                        date of such notification, submitting to the 
                        Administrator a certification under subsection 
                        (b)(2); and
                            ``(iii) receiving from the Administrator--
                                    ``(I) a determination, after 
                                providing a 30-day period for notice 
                                and public comment that the State coal 
                                combustion residuals permit program 
                                meets the specifications described in 
                                subsection (c); and
                                    ``(II) a timeline for transition of 
                                control of the coal combustion 
                                residuals permit program.
                    ``(B) Remedying deficient permit program.--For a 
                State for which the Administrator is implementing a 
                coal combustion residuals permit program under 
                subsection (e)(1)(B), the State may adopt and implement 
                such a permit program by--
                            ``(i) remedying only the deficiencies 
                        detailed in the notice provided under 
                        subsection (d)(3)(A); and
                            ``(ii) receiving from the Administrator--
                                    ``(I) a determination, after 
                                providing a 30-day period for notice 
                                and public comment, that the 
                                deficiencies detailed in such notice 
                                have been remedied; and
                                    ``(II) a timeline for transition of 
                                control of the coal combustion 
                                residuals permit program.
                    ``(C) Resumption of implementation by state.--For a 
                State for which the Administrator is implementing a 
                coal combustion residuals permit program under 
                subsection (e)(1)(C), the State may adopt and implement 
                such a permit program by--
                            ``(i) notifying the Administrator that the 
                        State will adopt and implement such a permit 
                        program;
                            ``(ii) not later than 6 months after the 
                        date of such notification, submitting to the 
                        Administrator a certification under subsection 
                        (b)(2); and
                            ``(iii) receiving from the Administrator--
                                    ``(I) a determination, after 
                                providing a 30-day period for notice 
                                and public comment, that the State coal 
                                combustion residuals permit program 
                                meets the specifications described in 
                                subsection (c); and
                                    ``(II) a timeline for transition of 
                                control of the coal combustion 
                                residuals permit program.
            ``(2) Review of determination.--
                    ``(A) Determination required.--The Administrator 
                shall make a determination under paragraph (1) not 
                later than 90 days after the date on which the State 
                submits a certification under paragraph (1)(A)(ii) or 
                (1)(C)(ii), or notifies the Administrator that the 
                deficiencies have been remedied pursuant to paragraph 
                (1)(B)(i), as applicable.
                    ``(B) Review.--A State may obtain a review of a 
                determination by the Administrator under paragraph (1) 
                as if such determination was a final regulation for 
                purposes of section 7006.
            ``(3) Implementation during transition.--
                    ``(A) Effect on actions and orders.--Actions taken 
                or orders issued pursuant to a coal combustion 
                residuals permit program shall remain in effect if--
                            ``(i) a State takes control of its coal 
                        combustion residuals permit program from the 
                        Administrator under paragraph (1); or
                            ``(ii) the Administrator takes control of a 
                        coal combustion residuals permit program from a 
                        State under subsection (e).
                    ``(B) Change in requirements.--Subparagraph (A) 
                shall apply to such actions and orders until such time 
                as the Administrator or the head of the lead State 
                agency responsible for implementing the coal combustion 
                residuals permit program, as applicable--
                            ``(i) implements changes to the 
                        requirements of the coal combustion residuals 
                        permit program with respect to the basis for 
                        the action or order; or
                            ``(ii) certifies the completion of a 
                        corrective action that is the subject of the 
                        action or order.
            ``(4) Single permit program.--If a State adopts and 
        implements a coal combustion residuals permit program under 
        this subsection, the Administrator shall cease to implement the 
        permit program implemented under subsection (e)(1) for such 
        State.
    ``(g) Effect on Determination Under 4005(c) or 3006.--The 
Administrator shall not consider the implementation of a coal 
combustion residuals permit program by the Administrator under 
subsection (e) in making a determination of approval for a permit 
program or other system of prior approval and conditions under section 
4005(c) or of authorization for a program under section 3006.
    ``(h) Closure.--
            ``(1) In general.--If it is determined, pursuant to a coal 
        combustion residuals permit program, that a structure should 
        close, the time period and method for the closure of such 
        structure shall be set forth in a closure plan that establishes 
        a deadline for completion and that takes into account the 
        nature and the site-specific characteristics of the structure 
        to be closed.
            ``(2) Surface impoundment.--In the case of a surface 
        impoundment, the closure plan under paragraph (1) shall 
        require, at a minimum, the removal of liquid and the 
        stabilization of remaining waste, as necessary to support the 
        final cover.
    ``(i) Authority.--
            ``(1) State authority.--Nothing in this section shall 
        preclude or deny any right of any State to adopt or enforce any 
        regulation or requirement respecting coal combustion residuals 
        that is more stringent or broader in scope than a regulation or 
        requirement under this section.
            ``(2) Authority of the administrator.--
                    ``(A) In general.--Except as provided in 
                subsections (d) and (e) and section 6005, the 
                Administrator shall, with respect to the regulation of 
                coal combustion residuals, defer to the States pursuant 
                to this section.
                    ``(B) Imminent hazard.--Nothing in this section 
                shall be construed as affecting the authority of the 
                Administrator under section 7003 with respect to coal 
                combustion residuals.
                    ``(C) Enforcement assistance only upon request.--
                Upon request from the head of a lead State agency that 
                is implementing a coal combustion residuals permit 
                program, the Administrator may provide to such State 
                agency only the enforcement assistance requested.
                    ``(D) Concurrent enforcement.--Except as provided 
                in subparagraph (C), the Administrator shall not have 
                concurrent enforcement authority when a State is 
                implementing a coal combustion residuals permit 
                program.
                    ``(E) Other authority.--The Administrator shall not 
                have authority to finalize the proposed rule published 
                at pages 35128 through 35264 of volume 75 of the 
                Federal Register (June 21, 2010).
            ``(3) Citizen suits.--Nothing in this section shall be 
        construed to affect the authority of a person to commence a 
        civil action in accordance with section 7002.
    ``(j) Mine Reclamation Activities.--A coal combustion residuals 
permit program implemented by the Administrator under subsection (e) 
shall not apply to the utilization, placement, and storage of coal 
combustion residuals at surface mining and reclamation operations.
    ``(k) Definitions.--In this section:
            ``(1) Coal combustion residuals.--The term `coal combustion 
        residuals' means--
                    ``(A) the solid wastes listed in section 
                3001(b)(3)(A)(i), including recoverable materials from 
                such wastes;
                    ``(B) coal combustion wastes that are co-managed 
                with wastes produced in conjunction with the combustion 
                of coal, provided that such wastes are not segregated 
                and disposed of separately from the coal combustion 
                wastes and comprise a relatively small proportion of 
                the total wastes being disposed in the structure;
                    ``(C) fluidized bed combustion wastes;
                    ``(D) wastes from the co-burning of coal with non-
                hazardous secondary materials, provided that coal makes 
                up at least 50 percent of the total fuel burned; and
                    ``(E) wastes from the co-burning of coal with 
                materials described in subparagraph (A) that are 
                recovered from monofills.
            ``(2) Coal combustion residuals permit program.--The term 
        `coal combustion residuals permit program' means all of the 
        authorities, activities, and procedures that comprise the 
        system of prior approval and conditions implemented by or for a 
        State to regulate the management and disposal of coal 
        combustion residuals.
            ``(3) Code of federal regulations.--The term `Code of 
        Federal Regulations' means the Code of Federal Regulations (as 
        in effect on the date of enactment of this section) or any 
        successor regulations.
            ``(4) Permit; prior approval and conditions.--The terms 
        `permit' and `prior approval and conditions' mean any 
        authorization, license, or equivalent control document that 
        incorporates the requirements and revised criteria described in 
        paragraphs (1) and (2) of subsection (c), respectively.
            ``(5) Revised criteria.--The term `revised criteria' means 
        the criteria promulgated for municipal solid waste landfill 
        units under section 4004(a) and under section 1008(a)(3), as 
        revised under section 4010(c).
            ``(6) Structure.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `structure' means a 
                landfill, surface impoundment, or other land-based unit 
                which may receive coal combustion residuals.
                    ``(B) De minimis receipt.--The term `structure' 
                does not include any land-based unit that receives only 
                de minimis quantities of coal combustion residuals if 
                the presence of coal combustion residuals is incidental 
                to the material managed in the unit.''.
    (b) Conforming Amendment.--The table of contents contained in 
section 1001 of the Solid Waste Disposal Act is amended by inserting 
after the item relating to section 4010 the following:

``Sec. 4011. Management and disposal of coal combustion residuals.''.

SEC. 402. 2000 REGULATORY DETERMINATION.

    Nothing in this title, or the amendments made by this title, shall 
be construed to alter in any manner the Environmental Protection 
Agency's regulatory determination entitled ``Notice of Regulatory 
Determination on Wastes from the Combustion of Fossil Fuels'', 
published at 65 Fed. Reg. 32214 (May 22, 2000), that the fossil fuel 
combustion wastes addressed in that determination do not warrant 
regulation under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 
6921 et seq.).

SEC. 403. TECHNICAL ASSISTANCE.

    Nothing in this title, or the amendments made by this title, shall 
be construed to affect the authority of a State to request, or the 
Administrator of the Environmental Protection Agency to provide, 
technical assistance under the Solid Waste Disposal Act (42 U.S.C. 6901 
et seq.).

SEC. 404. FEDERAL POWER ACT.

    Nothing in this title, or the amendments made by this title, shall 
be construed to affect the obligations of the owner or operator of a 
structure (as defined in section 4011 of the Solid Waste Disposal Act, 
as added by this title) under section 215(b)(1) of the Federal Power 
Act (16 U.S.C. 824o(b)(1)).

TITLE V--PRESERVING STATE AUTHORITY TO MAKE DETERMINATIONS RELATING TO 
                        WATER QUALITY STANDARDS

SEC. 501. STATE WATER QUALITY STANDARDS.

    (a) State Water Quality Standards.--Section 303(c)(4) of the 
Federal Water Pollution Control Act (33 U.S.C. 1313(c)(4)) is amended--
            (1) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively;
            (2) by striking ``(4)'' and inserting ``(4)(A)'';
            (3) by striking ``The Administrator shall promulgate'' and 
        inserting the following:
    ``(B) The Administrator shall promulgate''; and
            (4) by adding at the end the following:
    ``(C) Notwithstanding subparagraph (A)(ii), the Administrator may 
not promulgate a revised or new standard for a pollutant in any case in 
which the State has submitted to the Administrator and the 
Administrator has approved a water quality standard for that pollutant, 
unless the State concurs with the Administrator's determination that 
the revised or new standard is necessary to meet the requirements of 
this Act.''.
    (b) Federal Licenses and Permits.--Section 401(a) of such Act (33 
U.S.C. 1341(a)) is amended by adding at the end the following:
    ``(7) With respect to any discharge, if a State or interstate 
agency having jurisdiction over the navigable waters at the point where 
the discharge originates or will originate determines under paragraph 
(1) that the discharge will comply with the applicable provisions of 
sections 301, 302, 303, 306, and 307, the Administrator may not take 
any action to supersede the determination.''.
    (c) State NPDES Permit Programs.--Section 402(c) of such Act (42 
U.S.C. 1342(c)) is amended by adding at the end the following:
            ``(5) Limitation on authority of administrator to withdraw 
        approval of state programs.--The Administrator may not withdraw 
        approval of a State program under paragraph (3) or (4), or 
        limit Federal financial assistance for the State program, on 
        the basis that the Administrator disagrees with the State 
        regarding--
                    ``(A) the implementation of any water quality 
                standard that has been adopted by the State and 
                approved by the Administrator under section 303(c); or
                    ``(B) the implementation of any Federal guidance 
                that directs the interpretation of the State's water 
                quality standards.''.
    (d) Limitation on Authority of Administrator To Object to 
Individual Permits.--Section 402(d) of such Act (33 U.S.C. 1342(d)) is 
amended by adding at the end the following:
    ``(5) The Administrator may not object under paragraph (2) to the 
issuance of a permit by a State on the basis of--
            ``(A) the Administrator's interpretation of a water quality 
        standard that has been adopted by the State and approved by the 
        Administrator under section 303(c); or
            ``(B) the implementation of any Federal guidance that 
        directs the interpretation of the State's water quality 
        standards.''.

SEC. 502. PERMITS FOR DREDGED OR FILL MATERIAL.

    (a) Authority of EPA Administrator.--Section 404(c) of the Federal 
Water Pollution Control Act (33 U.S.C. 1344(c)) is amended--
            (1) by striking ``(c)'' and inserting ``(c)(1)''; and
            (2) by adding at the end the following:
    ``(2) Paragraph (1) shall not apply to any permit if the State in 
which the discharge originates or will originate does not concur with 
the Administrator's determination that the discharge will result in an 
unacceptable adverse effect as described in paragraph (1).
    ``(3) Following the date of issuance of a permit by the Secretary 
in accordance with this section, the Administrator may not take any 
action under paragraph (1) to retroactively invalidate the permit.''.
    (b) State Permit Programs.--The first sentence of section 404(g)(1) 
of such Act (33 U.S.C. 1344(g)(1)) is amended by striking ``The 
Governor of any State desiring to administer its own individual and 
general permit program for the discharge'' and inserting ``The Governor 
of any State desiring to administer its own individual and general 
permit program for some or all of the discharges''.

SEC. 503. DEADLINES FOR AGENCY COMMENTS.

    Section 404 of the Federal Water Pollution Control Act (33 U.S.C. 
1344) is amended--
            (1) in subsection (m) by striking ``ninetieth day'' and 
        inserting ``30th day (or the 60th day if additional time is 
        requested)''; and
            (2) in subsection (q)--
                    (A) by striking ``(q)'' and inserting ``(q)(1)''; 
                and
                    (B) by adding at the end the following:
    ``(2) The Administrator and the head of a department or agency 
referred to in paragraph (1) shall each submit any comments with 
respect to an application for a permit under subsection (a) or (e) not 
later than the 30th day (or the 60th day if additional time is 
requested) after the date of receipt of an application for a permit 
under that subsection.''.

SEC. 504. APPLICABILITY OF AMENDMENTS.

    The amendments made by this title shall apply to actions taken on 
or after the date of enactment of this Act, including actions taken 
with respect to permit applications that are pending or revised or new 
standards that are being promulgated as of such date of enactment.

SEC. 505. REPORTING ON HARMFUL POLLUTANTS.

    Not later than 1 year after the date of enactment of this Act, and 
annually thereafter, the Administrator of the Environmental Protection 
Agency shall submit to Congress a report on any increase or reduction 
in waterborne pathogenic microorganisms (including protozoa, viruses, 
bacteria, and parasites), toxic chemicals, or toxic metals (such as 
lead and mercury) in waters regulated by a State under the provisions 
of this title, including the amendments made by this title.

SEC. 506. PIPELINES CROSSING STREAMBEDS.

    None of the provisions of this title, including the amendments made 
by this title, shall be construed to limit the authority of the 
Administrator of the Environmental Protection Agency, as in effect on 
the day before the date of enactment of this Act, to regulate a 
pipeline that crosses a streambed.

SEC. 507. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT AND ECONOMIC 
              ACTIVITY.

    (a) Analysis of Impacts of Actions on Employment and Economic 
Activity.--
            (1) Analysis.--Before taking a covered action, the 
        Administrator shall analyze the impact, disaggregated by State, 
        of the covered action on employment levels and economic 
        activity, including estimated job losses and decreased economic 
        activity.
            (2) Economic models.--
                    (A) In general.--In carrying out paragraph (1), the 
                Administrator shall utilize the best available economic 
                models.
                    (B) Annual gao report.--Not later than December 
                31st of each year, the Comptroller General of the 
                United States shall submit to Congress a report on the 
                economic models used by the Administrator to carry out 
                this subsection.
            (3) Availability of information.--With respect to any 
        covered action, the Administrator shall--
                    (A) post the analysis under paragraph (1) as a link 
                on the main page of the public Internet Web site of the 
                Environmental Protection Agency; and
                    (B) request that the Governor of any State 
                experiencing more than a de minimis negative impact 
                post such analysis in the Capitol of such State.
    (b) Public Hearings.--
            (1) In general.--If the Administrator concludes under 
        subsection (a)(1) that a covered action will have more than a 
        de minimis negative impact on employment levels or economic 
        activity in a State, the Administrator shall hold a public 
        hearing in each such State at least 30 days prior to the 
        effective date of the covered action.
            (2) Time, location, and selection.--A public hearing 
        required under paragraph (1) shall be held at a convenient time 
        and location for impacted residents. In selecting a location 
        for such a public hearing, the Administrator shall give 
        priority to locations in the State that will experience the 
        greatest number of job losses.
    (c) Notification.--If the Administrator concludes under subsection 
(a)(1) that a covered action will have more than a de minimis negative 
impact on employment levels or economic activity in any State, the 
Administrator shall give notice of such impact to the State's 
Congressional delegation, Governor, and Legislature at least 45 days 
before the effective date of the covered action.
    (d) Definitions.--In this section, the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Covered action.--The term ``covered action'' means any 
        of the following actions taken by the Administrator under the 
        Federal Water Pollution Control Act (33 U.S.C. 1201 et seq.):
                    (A) Issuing a regulation, policy statement, 
                guidance, response to a petition, or other requirement.
                    (B) Implementing a new or substantially altered 
                program.
            (3) More than a de minimis negative impact.--The term 
        ``more than a de minimis negative impact'' means the following:
                    (A) With respect to employment levels, a loss of 
                more than 100 jobs. Any offsetting job gains that 
                result from the hypothetical creation of new jobs 
                through new technologies or government employment may 
                not be used in the job loss calculation.
                    (B) With respect to economic activity, a decrease 
                in economic activity of more than $1,000,000 over any 
                calendar year. Any offsetting economic activity that 
                results from the hypothetical creation of new economic 
                activity through new technologies or government 
                employment may not be used in the economic activity 
                calculation.

               TITLE VI--REGIONAL HAZE REGULATORY RELIEF

SEC. 601. IMPLEMENTATION PLANS.

    Section 110 of the Clean Air Act (42 U.S.C. 7410) is amended--
            (1) in subsection (c), by striking ``(c)(1) The 
        Administrator'' and all that follows through the end of 
        paragraph (1) and inserting the following:
    ``(c) Federal Plans.--
            ``(1) Plans.--
                    ``(A) In general.--Except as provided in 
                subparagraph (C), unless the conditions described in 
                subparagraph (B) are met, the Administrator shall 
                promulgate a Federal implementation plan at any time 
                after the date that is 2 years after the date on which 
                the Administrator--
                            ``(i) finds that a State has failed to make 
                        a required submission or finds that the plan or 
                        plan revision submitted by the State does not 
                        satisfy the minimum criteria established under 
                        subsection (k)(1)(A); or
                            ``(ii) disapproves a State implementation 
                        plan submission.
                    ``(B) Conditions.--The conditions described in this 
                subparagraph are that, before the date on which the 
                Administrator promulgates a Federal implementation 
                plan--
                            ``(i) a State corrects a deficiency in a 
                        State implementation plan or plan revision 
                        submitted by the State; and
                            ``(ii) the Administrator approves the plan 
                        or plan revision.
                    ``(C) Visibility protection plans.--In the case of 
                a Federal implementation plan promulgated after the 
                date of enactment of this subparagraph in place of a 
                State implementation plan under section 169A--
                            ``(i) the Administrator shall promulgate 
                        such Federal implementation plan only if the 
                        Administrator makes a finding that the State 
                        submitting the State implementation plan failed 
                        to consider the factors described in paragraphs 
                        (1) and (2) of section 169A(g) in preparing and 
                        submitting the plan; and
                            ``(ii) compliance with the requirements of 
                        such Federal implementation plan shall not be 
                        required earlier than 5 years after the date of 
                        promulgation.''; and
            (2) in subsection (k)--
                    (A) by striking paragraph (3) and inserting the 
                following:
            ``(3) Full approval and disapproval.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), in the case of any 
                submission for which the Administrator is required to 
                act under paragraph (2), the Administrator shall 
                approve the submission as a whole if the submission 
                meets all of the applicable requirements of this Act.
                    ``(B) Review.--In reviewing any State 
                implementation plan submitted pursuant to section 169A, 
                the Administrator shall limit the review only to a 
                determination of whether the State submitting the State 
                implementation plan considered the factors described in 
                paragraphs (1) and (2) of section 169A(g) in preparing 
                and submitting the plan.
                    ``(C) Visibility plans.--The Administrator shall 
                approve as a whole any implementation plan submitted 
                pursuant to section 169A that was prepared and 
                submitted after consideration of the factors described 
                in paragraphs (1) and (2) of section 169A(g).''; and
                    (B) in paragraph (5)--
                            (i) in the first sentence, by striking 
                        ``Whenever'' and inserting the following:
                    ``(A) In general.--Whenever''; and
                            (ii) by adding at the end the following:
                    ``(B) Visibility plans.--Notwithstanding 
                subparagraph (A), with respect to an implementation 
                plan approved pursuant to section 169A, the 
                Administrator shall only find that such a plan is 
                substantially inadequate to meet standards for air 
                pollutants that cause or contribute to the impairment 
                of visibility, or any other applicable standard or 
                requirement, under that section if the Administrator 
                makes a finding that, in preparing the plan, the 
                submitting State failed to consider the factors 
                described in paragraphs (1) and (2) of section 169A(g).
                    ``(C) Existing visibility plans.--
                            ``(i) Request for revocation.--At any time 
                        after the date of enactment of this 
                        subparagraph--
                                    ``(I) a State may request that the 
                                existing Federal or State 
                                implementation plan for the State 
                                regarding visibility, or any 
                                determination made in calendar year 
                                2012 or 2013 of best available retrofit 
                                technology pursuant to section 169A, be 
                                revoked; and
                                    ``(II) upon receipt of such a 
                                request, the Administrator shall revoke 
                                the implementation plan.
                            ``(ii) Submission of new or revised plan.--
                        Upon a revocation under clause (i)(II), the 
                        State that requested the revocation shall, not 
                        later than 2 years after such revocation, 
                        submit to the Administrator a new or revised 
                        visibility plan in accordance with this Act.''.

SEC. 602. VISIBILITY PROTECTION FOR FEDERAL CLASS I AREAS.

    Section 169A of the Clean Air Act (42 U.S.C. 7491) is amended--
            (1) in subsection (b)(2), in the matter preceding 
        subparagraph (A), by striking ``as may be necessary'' and 
        inserting ``as the State determines, at the sole discretion of 
        the State after considering factors described in this section 
        and providing adequate opportunity for public comment, may be 
        necessary''; and
            (2) in subsection (g)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1)(A) in determining reasonable progress, there shall be 
        taken into consideration--
                            ``(i) the costs of compliance;
                            ``(ii) the time necessary for compliance;
                            ``(iii) the energy and nonair quality 
                        environmental impacts of compliance;
                            ``(iv) the remaining useful life of any 
                        existing source subject to requirements under 
                        this section;
                            ``(v) the degree of improvement in 
                        visibility that may reasonably be anticipated 
                        to result from measures described in the 
                        applicable implementation plan; and
                            ``(vi) the economic impacts to the State 
                        (including people of the State);
                    ``(B) in consideration of costs of compliance 
                pursuant to subparagraph (A)(i), the State may use 
                source-specific cost estimations developed by a 
                licensed professional engineer as an alternate to other 
                methods of estimation approved by the Administrator; 
                and
                    ``(C) in consideration of the degree of improvement 
                in visibility pursuant to subparagraph (A)(v), the 
                State may use alternate modeling techniques or methods 
                than those prescribed by the Administrator in the 
                Agency's `Guideline on Air Quality Models' under 
                appendix W to part 51 of title 40, Code of Federal 
                Regulations, and, where available, measured emissions 
                and monitoring data shall be used;'';
                    (B) in paragraph (2)--
                            (i) by striking ``(2) in determining best 
                        available retrofit technology the State'' and 
                        inserting the following:
            ``(2) in determining the best available retrofit 
        technology--
                    ``(A) the State'';
                            (ii) in subparagraph (A) (as designated by 
                        clause (i)), by inserting ``the economic 
                        impacts to the State (including people of the 
                        State),'' after ``life of the source,'';
                            (iii) by striking ``technology;'' and 
                        inserting ``technology; and''; and
                            (iv) by adding at the end the following:
                    ``(B) in consideration of the costs of compliance 
                pursuant to subparagraph (A), the State may use source-
                specific cost estimations developed by a licensed 
                professional engineer as an alternate to other methods 
                of estimation approved by the Administrator;
                    ``(C) with respect to consideration of the degree 
                of improvement in visibility pursuant to subparagraph 
                (A)--
                            ``(i) the State may use alternate modeling 
                        techniques or methods than those prescribed by 
                        the Administrator in the Agency's `Guideline on 
                        Air Quality Models' under appendix W to part 51 
                        of title 40, Code of Federal Regulations;
                            ``(ii) the State may consider the degree of 
                        improvement in visibility in the mandatory 
                        class I Federal area that is most affected by 
                        emissions from the source without considering 
                        the degree of improvement in visibility in any 
                        other such area; and
                            ``(iii) the Administrator (in any case in 
                        which the Administrator has authority to 
                        determine emission limitations which reflect 
                        such technology) may not consider the degree of 
                        improvement in visibility in any area other 
                        than the mandatory class I Federal area that is 
                        most affected by emissions from the source; and
                    ``(D) the determination of best available retrofit 
                technology by the State for any source shall be subject 
                to review by the Administrator, an administrative 
                entity, or a Federal or State court only pursuant to a 
                clearly erroneous standard of review;''; and
                    (C) in paragraph (4), by striking ``(or the date of 
                promulgation of such a plan revision in the case of 
                action by the Administrator under section 110(c) for 
                purposes of this section)''.

   TITLE VII--NO REGIONAL HAZE REGULATION ON THE COAL-POWERED NAVAJO 
                           GENERATING STATION

SEC. 701. LIMITATION ON AUTHORITY TO ISSUE REGULATIONS.

    The Administrator of the Environmental Protection Agency shall not 
promulgate any Federal implementation plan pursuant to section 169A or 
169B of the Clean Air Act (42 U.S.C. 7491, 7492; relating to visibility 
protection) that would--
            (1) adversely impact employment at the coal-powered Navajo 
        Generating Station or other coal-fired power plants and coal 
        mines on tribal lands in northern Arizona;
            (2) directly or indirectly diminish the revenue received by 
        the Federal Government or any State, tribal or local government 
        by reducing through regulation the amount of coal that is 
        available for mining on Navajo and Hopi Reservation lands;
            (3) cause a reduction in coal-based revenue to meet 
        financial obligations required by federally authorized Indian 
        water rights settlements, pursuant to section 403(f) of the 
        Colorado River Basin Project Act (43 U.S.C. 1543(f)):
            (4) reduce the amount of coal, or increase the cost of 
        coal, available for the Navajo Generating Station's Federal 
        responsibility to deliver water and power, as authorized by the 
        Colorado River Basin Project Act (43 U.S.C. 1501 et seq.); or
            (5) expose the United States to liability for taking the 
        value of tribally-owned coal in northern Arizona through 
        regulation.

            Passed the House of Representatives September 21, 2012.

            Attest:

                                                                 Clerk.
112th CONGRESS

  2d Session

                               H. R. 3409

_______________________________________________________________________

                                 AN ACT

   To limit the authority of the Secretary of the Interior to issue 
regulations before December 31, 2013, under the Surface Mining Control 
                      and Reclamation Act of 1977.
```