I 

113TH CONGRESS 

1ST SESSION H. R. 2218 

To amend subtitle D of the Solid Waste Disposal Act to encourage recovery 

and beneficial use of coal combustion residuals and establish requirements for the proper management and disposal of coal combustion residuals that are protective of human health and the environment. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 3, 2013 

Mr. MCKINLEY (for himself, Mr. PETERSON, Mr. WHITFIELD, Mr. ENYART, 

Mr. ROGERS of Kentucky, Mr. BARROW of Georgia, Mr. RAHALL, Mr. 

KIND, Mr. JOHNSON of Ohio, Mr. CUELLAR, Mr. STUTZMAN, Mr. WALZ, 

Mrs. CAPITO, Mr. WOMACK, Mr. HARPER, Ms. JENKINS, Mr. GIBBS, 

Mrs. BLACKBURN, Mr. NUNNELEE, Mr. GOSAR, Mr. BARLETTA, Mr. 

MATHESON, Mr. STIVERS, Mr. LONG, Mr. GUTHRIE, Mr. BARR, Mr. 

ROKITA, Mrs. ELLMERS, Mr. YOUNG of Indiana, Mr. BUCSHON, Mrs. 

LUMMIS, Mr. RENACCI, Mr. BISHOP of Georgia, Mr. THOMPSON of Mississippi, Mr. SHIMKUS, and Mr. KELLY of Pennsylvania) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend subtitle D of the Solid Waste Disposal Act to 

encourage recovery and beneficial use of coal combustion 

residuals and establish requirements for the proper management and disposal of coal combustion residuals that 

are protective of human health and the environment. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Coal Residuals Reuse and Management Act of 2013’’. 

4 (b) TABLE OF CONTENTS.—The table of contents for 

5 this Act is as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. Management and disposal of coal combustion residuals. 

Sec. 3. 2000 regulatory determination. 

Sec. 4. Technical assistance. 

Sec. 5. Federal Power Act. 

6 SEC. 2. MANAGEMENT AND DISPOSAL OF COAL COMBUS7 TION RESIDUALS. 

8 (a) IN GENERAL.—Subtitle D of the Solid Waste Dis9 posal Act (42 U.S.C. 6941 et seq.) is amended by adding 

10 at the end the following: 

11 ‘‘SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COM12 BUSTION RESIDUALS. 

13 ‘‘(a) STATE PERMIT PROGRAMS FOR COAL COMBUS14 TION RESIDUALS.—Each State may adopt, implement, 

15 and enforce a coal combustion residuals permit program 

16 if such State provides the notification required under sub17 section (b)(1), and the certification required under sub18 section (b)(2). 

19 ‘‘(b) STATE ACTIONS.— 

20 ‘‘(1) NOTIFICATION.—Not later than 6 months 

21 after the date of enactment of this section (except 

22 as provided by the deadline identified under sub23 section (d)(3)(B)), the Governor of each State shall 


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1 notify the Administrator, in writing, whether such 

2 State will adopt and implement a coal combustion 

3 residuals permit program. 

4 ‘‘(2) CERTIFICATION.— 

5 ‘‘(A) IN GENERAL.—Not later than 36 

6 months after the date of enactment of this sec7 tion (except as provided in subsection 

8 (f)(1)(A)), in the case of a State that has noti9 fied the Administrator that it will implement a 

10 coal combustion residuals permit program, the 

11 head of the lead State implementing agency 

12 shall submit to the Administrator a certification 

13 that such coal combustion residuals permit pro14 gram meets the requirements described in sub15 section (c). 

16 ‘‘(B) CONTENTS.—A certification sub17 mitted under this paragraph shall include— 

18 ‘‘(i) a letter identifying the lead State 

19 implementing agency, signed by the head 

20 of such agency; 

21 ‘‘(ii) identification of any other State 

22 agencies involved with the implementation 

23 of the coal combustion residuals permit 

24 program; 


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1 ‘‘(iii) an explanation of how the State 

2 coal combustion residuals permit program 

3 meets the requirements of this section, in4 cluding a description of the State’s— 

5 ‘‘(I) process to inspect or other6 wise determine compliance with such 

7 permit program; 

8 ‘‘(II) process to enforce the re9 quirements of such permit program; 

10 ‘‘(III) public participation proc11 ess for the promulgation, amendment, 

12 or repeal of regulations for, and the 

13 issuance of permits under, such per14 mit program; 

15 ‘‘(IV) statutes, regulations, or 

16 policies pertaining to public access to 

17 information, such as groundwater 

18 monitoring data; and 

19 ‘‘(V) statutes, regulations, or 

20 policies pertaining to structural integ21 rity or dam safety that may be ap22 plied to structures through such per23 mit program; 

24 ‘‘(iv) a certification that the State has 

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1 utes or regulations necessary to implement 

2 a coal combustion residuals permit pro3 gram that meets the requirements de4 scribed in subsection (c); and 

5 ‘‘(v) copies of State statutes and regu6 lations described in clause (iv). 

7 ‘‘(C) UPDATES.—A State may update the 

8 certification as needed to reflect changes to the 

9 coal combustion residuals permit program. 

10 ‘‘(3) MAINTENANCE OF 4005(c) OR 3006 PRO11 GRAM.—In order to adopt or implement a coal com12 bustion residuals permit program under this section 

13 (including pursuant to subsection (f)), the State im14 plementing agency shall maintain an approved per15 mit program or other system of prior approval and 

16 conditions under section 4005(c) or an authorized 

17 program under section 3006. 

18 ‘‘(c) REQUIREMENTS FOR A COAL COMBUSTION RE19 SIDUALS PERMIT PROGRAM.—A coal combustion residuals 

20 permit program shall consist of the following: 

21 ‘‘(1) GENERAL REQUIREMENTS.— 

22 ‘‘(A) IN GENERAL.—The implementing 

23 agency shall— 

24 ‘‘(i) apply the subset of the revised 

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1 ers or operators of structures, including 

2 surface impoundments, that receive coal 

3 combustion residuals on or after the date 

4 of enactment of this section; 

5 ‘‘(ii) with respect to structures that 

6 are receiving coal combustion residuals as 

7 of the date of enactment of this section, 

8 take the actions required under paragraph 

9 (3); 

10 ‘‘(iii) impose requirements for surface 

11 impoundments that do not meet certain 

12 criteria pursuant to paragraph (4); and 

13 ‘‘(iv) require that closure of structures 

14 occur in accordance with paragraph (5). 

15 ‘‘(B) STRUCTURAL INTEGRITY.— 

16 ‘‘(i) ENGINEERING CERTIFICATION.— 

17 The implementing agency shall require 

18 that an independent registered professional 

19 engineer certify that— 

20 ‘‘(I) the design of each structure 

21 that receives coal combustion residu22 als on or after the date of enactment 

23 of this section is in accordance with 

24 recognized and generally accepted 

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1 tainment of the maximum volume of 

2 coal combustion residuals and liquids 

3 which can be impounded therein; and 

4 ‘‘(II) the construction and main5 tenance of the structure will ensure 

6 structural stability. 

7 ‘‘(ii) EMERGENCY ACTION PLAN.— 

8 The implementing agency shall require 

9 that the owner or operator of any structure 

10 that is a surface impoundment that re11 ceives coal combustion residuals on or after 

12 the date of enactment of this section and 

13 that is classified by the State as posing a 

14 high hazard potential pursuant to the 

15 guidelines published by the Federal Emer16 gency Management Agency entitled ‘Fed17 eral Guidelines for Dam Safety: Hazard 

18 Potential Classification System for Dams’ 

19 (FEMA Publication Number 333) prepare 

20 and maintain an emergency action plan 

21 that identifies responsible persons and ac22 tions to be taken in the event of a dam 

23 safety emergency. 

24 ‘‘(iii) INSPECTION.— 


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1 ‘‘(I) IN GENERAL.—The imple2 menting agency shall require that 

3 structures that are surface impound4 ments that receive coal combustion re5 siduals on or after the date of enact6 ment of this section be inspected not 

7 less than annually by an independent 

8 registered professional engineer to as9 sure that the design, operation, and 

10 maintenance of the surface impound11 ment is in accordance with recognized 

12 and generally accepted good engineer13 ing practices for containment of the 

14 maximum volume of coal combustion 

15 residuals and liquids which can be im16 pounded therein, so as to ensure dam 

17 stability. 

18 ‘‘(II) POTENTIALLY HAZARDOUS

19 CONDITIONS.—The implementing 

20 agency shall require that if an inspec21 tion under subclause (I), or a periodic 

22 evaluation under clause (iv), reveals a 

23 potentially hazardous condition, the 

24 owner or operator of the structure 

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1 gate the potentially hazardous condi2 tion and notify appropriate State and 

3 local first responders. 

4 ‘‘(iv) PERIODIC EVALUATION.—The 

5 implementing agency shall require that 

6 structures that are surface impoundments 

7 that receive coal combustion residuals on 

8 or after the date of enactment of this sec9 tion be periodically evaluated for appear10 ances of structural weakness. 

11 ‘‘(v) DEFICIENCY.— 

12 ‘‘(I) IN GENERAL.—If the head 

13 of the implementing agency deter14 mines that a structure is deficient 

15 with respect to the requirements in 

16 clause (i), (iii), or (iv), the head of the 

17 agency has the authority to require 

18 action to correct the deficiency accord19 ing to a schedule determined by the 

20 agency. 

21 ‘‘(II) UNCORRECTED DEFI22 CIENCIES.—If a deficiency is not cor23 rected according to the schedule, the 

24 head of the implementing agency has 

25 the authority to require that the 


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1 structure close in accordance with 

2 paragraph (5). 

3 ‘‘(III) DAM SAFETY CONSULTA4 TION.—In the case of a structure that 

5 is a surface impoundment, the head of 

6 the implementing agency shall, in 

7 making a determination under sub8 clause (I), consult with appropriate 

9 State dam safety officials. 

10 ‘‘(C) LOCATION.—The implementing agen11 cy shall require that structures that first receive 

12 coal combustion residuals on or after the date 

13 of enactment of this section shall be constructed 

14 with a base located a minimum of 2 feet above 

15 the upper limit of the water table, unless it is 

16 demonstrated to the satisfaction of the imple17 menting agency that— 

18 ‘‘(i) the hydrogeologic characteristics 

19 of a structure and surrounding land would 

20 preclude such a requirement; and 

21 ‘‘(ii) the function and integrity of the 

22 liner system will not be adversely impacted 

23 by contact with the water table. 

24 ‘‘(D) WIND DISPERSAL.— 


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1 ‘‘(i) IN GENERAL.—The implementing 

2 agency shall require that owners or opera3 tors of structures that receive coal combus4 tion residuals on or after the date of enact5 ment of this section address wind dispersal 

6 of dust by requiring cover, or by wetting 

7 coal combustion residuals with water to a 

8 moisture content that prevents wind dis9 persal, facilitates compaction, and does not 

10 result in free liquids. 

11 ‘‘(ii) ALTERNATIVE METHODS.—Sub12 ject to the review and approval by the im13 plementing agency, owners or operators of 

14 structures that receive coal combustion re15 siduals on or after the date of enactment 

16 of this section may propose alternative 

17 methods to address wind dispersal of dust 

18 that will provide comparable or more effec19 tive control of dust. 

20 ‘‘(E) PERMITS.—The implementing agency 

21 shall require that owners or operators of struc22 tures that receive coal combustion residuals on 

23 or after the date of enactment of this section 

24 apply for and obtain permits incorporating the 


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1 requirements of the coal combustion residuals 

2 permit program. 

3 ‘‘(F) PUBLIC AVAILABILITY OF INFORMA4 TION.—Except for information with respect to 

5 which disclosure is prohibited under section 

6 1905 of title 18, United States Code, the imple7 menting agency shall ensure that— 

8 ‘‘(i) documents for permit determina9 tions are made available for public review 

10 and comment under the public participa11 tion process described in subsection 

12 (b)(2)(B)(iii)(III) or in subsection (e)(6), 

13 as applicable; 

14 ‘‘(ii) final determinations on permit 

15 applications are made known to the public; 

16 and 

17 ‘‘(iii) groundwater monitoring data 

18 collected under paragraph (2) is publicly 

19 available. 

20 ‘‘(G) AGENCY AUTHORITY.— 

21 ‘‘(i) IN GENERAL.—The implementing 

22 agency has the authority to— 

23 ‘‘(I) obtain information necessary 

24 to determine whether the owner or op25 erator of a structure is in compliance 


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1 with the requirements of this sub2 section; 

3 ‘‘(II) conduct or require moni4 toring and testing to ensure that 

5 structures are in compliance with the 

6 requirements of this subsection; and 

7 ‘‘(III) enter, at reasonable times, 

8 any site or premise subject to the coal 

9 combustion residuals permit program 

10 for the purpose of inspecting struc11 tures and reviewing records relevant 

12 to the design, operation, and mainte13 nance of structures. 

14 ‘‘(ii) MONITORING AND TESTING.—If 

15 monitoring or testing is conducted under 

16 clause (i)(II) by or for the implementing 

17 agency, the implementing agency shall, if 

18 requested, provide to the owner or oper19 ator— 

20 ‘‘(I) a written description of the 

21 monitoring or testing completed; 

22 ‘‘(II) at the time of sampling, a 

23 portion of each sample equal in vol24 ume or weight to the portion retained 


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1 by or for the implementing agency; 

2 and 

3 ‘‘(III) a copy of the results of 

4 any analysis of samples collected by or 

5 for the implementing agency. 

6 ‘‘(2) REVISED CRITERIA.—The subset of the re7 vised criteria referred to in paragraph (1)(A)(i) are 

8 as follows: 

9 ‘‘(A) DESIGN REQUIREMENTS.—For new 

10 structures, and lateral expansions of existing 

11 structures, that first receive coal combustion re12 siduals on or after the date of enactment of this 

13 section, the revised criteria regarding design re14 quirements described in section 258.40 of title 

15 40, Code of Federal Regulations, except that 

16 the leachate collection system requirements de17 scribed in section 258.40(a)(2) of title 40, Code 

18 of Federal Regulations, do not apply to struc19 tures that are surface impoundments. 

20 ‘‘(B) GROUNDWATER MONITORING AND

21 CORRECTIVE ACTION.—For all structures that 

22 receive coal combustion residuals on or after the 

23 date of enactment of this section, the revised 

24 criteria regarding groundwater monitoring and 

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1 part E of part 258 of title 40, Code of Federal 

2 Regulations, except that, for the purposes of 

3 this subparagraph, the revised criteria shall also 

4 include— 

5 ‘‘(i) for the purposes of detection 

6 monitoring, the constituents boron, chlo7 ride, conductivity, fluoride, mercury, pH, 

8 sulfate, sulfide, and total dissolved solids; 

9 and 

10 ‘‘(ii) for the purposes of assessment 

11 monitoring, establishing a groundwater 

12 protection standard, and assessment of 

13 corrective measures, the constituents alu14 minum, boron, chloride, fluoride, iron, 

15 manganese, molybdenum, pH, sulfate, and 

16 total dissolved solids. 

17 ‘‘(C) CLOSURE.—For all structures that 

18 receive coal combustion residuals on or after the 

19 date of enactment of this section, in a manner 

20 consistent with paragraph (5), the revised cri21 teria for closure described in subsections (a) 

22 through (c) and (h) through (j) of section 

23 258.60 of title 40, Code of Federal Regulations. 

24 ‘‘(D) POST-CLOSURE.—For all structures 

25 that receive coal combustion residuals on or 


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1 after the date of enactment of this section, the 

2 revised criteria for post-closure care described 

3 in section 258.61 of title 40, Code of Federal 

4 Regulations, except for the requirement de5 scribed in subsection (a)(4) of that section. 

6 ‘‘(E) LOCATION RESTRICTIONS.—The re7 vised criteria for location restrictions described 

8 in— 

9 ‘‘(i) for new structures, and lateral ex10 pansions of existing structures, that first 

11 receive coal combustion residuals on or 

12 after the date of enactment of this section, 

13 sections 258.11 through 258.15 of title 40, 

14 Code of Federal Regulations; and 

15 ‘‘(ii) for existing structures that re16 ceive coal combustion residuals on or after 

17 the date of enactment of this section, sec18 tions 258.11 and 258.15 of title 40, Code 

19 of Federal Regulations. 

20 ‘‘(F) AIR QUALITY.—For all structures 

21 that receive coal combustion residuals on or 

22 after the date of enactment of this section, the 

23 revised criteria for air quality described in sec24 tion 258.24 of title 40, Code of Federal Regula25 tions. 


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1 ‘‘(G) FINANCIAL ASSURANCE.—For all 

2 structures that receive coal combustion residu3 als on or after the date of enactment of this 

4 section, the revised criteria for financial assur5 ance described in subpart G of part 258 of title 

6 40, Code of Federal Regulations. 

7 ‘‘(H) SURFACE WATER.—For all structures 

8 that receive coal combustion residuals on or 

9 after the date of enactment of this section, the 

10 revised criteria for surface water described in 

11 section 258.27 of title 40, Code of Federal Reg12 ulations. 

13 ‘‘(I) RECORDKEEPING.—For all structures 

14 that receive coal combustion residuals on or 

15 after the date of enactment of this section, the 

16 revised criteria for recordkeeping described in 

17 section 258.29 of title 40, Code of Federal Reg18 ulations. 

19 ‘‘(J) RUN-ON AND RUN-OFF CONTROL SYS20 TEMS FOR LAND-BASED UNITS.—For all land21 fills and other land-based units, other than sur22 face impoundments, that receive coal combus23 tion residuals on or after the date of enactment 

24 of this section, the revised criteria for run-on 


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1 and run-off control systems described in section 

2 258.26 of title 40, Code of Federal Regulations. 

3 ‘‘(K) RUN-OFF CONTROL SYSTEMS FOR

4 SURFACE IMPOUNDMENTS.—For all surface im5 poundments that receive coal combustion re6 siduals on or after the date of enactment of this 

7 section, the revised criteria for run-off control 

8 systems described in section 258.26(a)(2) of 

9 title 40, Code of Federal Regulations. 

10 ‘‘(3) PERMIT PROGRAM IMPLEMENTATION FOR

11 EXISTING STRUCTURES.— 

12 ‘‘(A) NOTIFICATION.—Not later than the 

13 date on which a State submits a certification 

14 under subsection (b)(2), not later than 30 

15 months after the Administrator receives notice 

16 under subsection (e)(1)(A), or not later than 36 

17 months after the date of enactment of this sec18 tion with respect to a coal combustion residuals 

19 permit program that is being implemented by 

20 the Administrator under subsection (e)(3), as 

21 applicable, the implementing agency shall notify 

22 owners or operators of structures that are re23 ceiving coal combustion residuals as of the date 

24 of enactment of this section within the State 

25 of— 


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1 ‘‘(i) the obligation to apply for and 

2 obtain a permit under subparagraph (C); 

3 and 

4 ‘‘(ii) the requirements referred to in 

5 subparagraph (B). 

6 ‘‘(B) COMPLIANCE WITH CERTAIN RE7 QUIREMENTS.—Not later than 12 months after 

8 the date on which a State submits a certifi9 cation under subsection (b)(2), not later than 

10 42 months after the Administrator receives no11 tice under subsection (e)(1)(A), or not later 

12 than 48 months after the date of enactment of 

13 this section with respect to a coal combustion 

14 residuals permit program that is being imple15 mented by the Administrator under subsection 

16 (e)(3), as applicable, the implementing agency 

17 shall require owners or operators of structures 

18 that are receiving coal combustion residuals as 

19 of the date of enactment of this section to com20 ply with— 

21 ‘‘(i) the requirements under para22 graphs (1)(B)(ii), (1)(D), (2)(B), (2)(F), 

23 (2)(H), (2)(J), and (2)(K); and 

24 ‘‘(ii) the groundwater recordkeeping 

25 requirement described in section 


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1 258.29(a)(5) of title 40, Code of Federal 

2 Regulations. 

3 ‘‘(C) PERMITS.— 

4 ‘‘(i) PERMIT DEADLINE.—Not later 

5 than 48 months after the date on which a 

6 State submits a certification under sub7 section (b)(2), not later than 78 months 

8 after the Administrator receives notice 

9 under subsection (e)(1)(A), or not later 

10 than 84 months after the date of enact11 ment of this section with respect to a coal 

12 combustion residuals permit program that 

13 is being implemented by the Administrator 

14 under subsection (e)(3), as applicable, the 

15 implementing agency shall issue, with re16 spect to a structure that is receiving coal 

17 combustion residuals as of the date of en18 actment of this section, a final permit in19 corporating the requirements of the coal 

20 combustion residuals permit program, or a 

21 final denial for an application submitted 

22 requesting such a permit. 

23 ‘‘(ii) APPLICATION DEADLINE.—The 

24 implementing agency shall identify, in col25 laboration with the owner or operator of a 


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1 structure described in clause (i), a reason2 able deadline by which the owner or oper3 ator shall submit a permit application 

4 under such clause. 

5 ‘‘(D) INTERIM OPERATION.— 

6 ‘‘(i) PRIOR TO DEADLINES.—With re7 spect to any period of time on or after the 

8 date of enactment of this section but prior 

9 to the applicable deadline in subparagraph 

10 (B), the owner or operator of a structure 

11 that is receiving coal combustion residuals 

12 as of the date of enactment of this section 

13 may continue to operate such structure 

14 until such applicable deadline under the 

15 applicable authority in effect. 

16 ‘‘(ii) PRIOR TO PERMIT.—Unless the 

17 implementing agency determines that the 

18 structure should close pursuant to para19 graph (5), if the owner or operator of a 

20 structure that is receiving coal combustion 

21 residuals as of the date of enactment of 

22 this section meets the requirements re23 ferred to in subparagraph (B) by the appli24 cable deadline in such subparagraph, the 

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1 ture until such time as the implementing 

2 agency issues, under subparagraph (C), a 

3 final permit incorporating the requirements 

4 of the coal combustion residuals permit 

5 program, or a final denial for an applica6 tion submitted requesting such a permit. 

7 ‘‘(4) REQUIREMENTS FOR SURFACE IMPOUND8 MENTS THAT DO NOT MEET CERTAIN CRITERIA.— 

9 ‘‘(A) SURFACE IMPOUNDMENTS THAT RE10 QUIRE ASSESSMENT OF CORRECTIVE MEASURES

11 WITHIN 10 YEARS OF THE DATE OF ENACT12 MENT.— 

13 ‘‘(i) IN GENERAL.—In addition to the 

14 groundwater monitoring and corrective ac15 tion requirements described in paragraph 

16 (2)(B), the implementing agency shall re17 quire a surface impoundment that receives 

18 coal combustion residuals on or after the 

19 date of enactment of this section to comply 

20 with the requirements in clause (ii) of this 

21 subparagraph and clauses (i) and (ii) of 

22 subparagraph (D) if the surface impound23 ment— 

24 ‘‘(I) does not— 


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1 ‘‘(aa) have a liner system 

2 described in section 258.40(b) of 

3 title 40, Code of Federal Regula4 tions; and 

5 ‘‘(bb) meet the design cri6 teria described in section 

7 258.40(a)(1) of title 40, Code of 

8 Federal Regulations; and 

9 ‘‘(II) within 10 years after the 

10 date of enactment of this section, is 

11 required under section 258.56(a) of 

12 title 40, Code of Federal Regulations, 

13 to undergo an assessment of correc14 tive measures for any constituent cov15 ered under subpart E of part 258 of 

16 title 40, Code of Federal Regulations, 

17 or otherwise identified in paragraph 

18 (2)(B)(ii) of this subsection, for which 

19 assessment groundwater monitoring is 

20 required. 

21 ‘‘(ii) DEADLINE TO MEET GROUND22 WATER PROTECTION STANDARD.—Except 

23 as provided in subparagraph (C), the im24 plementing agency shall require that the 

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1 face impoundments identified in clause (i) 

2 of this subparagraph, established by the 

3 implementing agency under section 

4 258.55(h) or 258.55(i) of title 40, Code of 

5 Federal Regulations, for any constituent 

6 for which corrective measures are required 

7 shall be met— 

8 ‘‘(I) as soon as practicable at the 

9 relevant point of compliance, as de10 scribed in section 258.40(d) of title 

11 40, Code of Federal Regulations; and 

12 ‘‘(II) not later than 10 years 

13 after the date of enactment of this 

14 section. 

15 ‘‘(B) SURFACE IMPOUNDMENTS SUBJECT

16 TO A STATE CORRECTIVE ACTION REQUIRE17 MENT AS OF THE DATE OF ENACTMENT.— 

18 ‘‘(i) IN GENERAL.—In addition to the 

19 groundwater monitoring and corrective ac20 tion requirements described in paragraph 

21 (2)(B), the implementing agency shall re22 quire a surface impoundment that receives 

23 coal combustion residuals on or after the 

24 date of enactment of this section to comply 

25 with the requirements in clause (ii) of this 


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1 subparagraph and clauses (i) and (ii) of 

2 subparagraph (D) if the surface impound3 ment— 

4 ‘‘(I) does not— 

5 ‘‘(aa) have a liner system 

6 described in section 258.40(b) of 

7 title 40, Code of Federal Regula8 tions; and 

9 ‘‘(bb) meet the design cri10 teria described in section 

11 258.40(a)(1) of title 40, Code of 

12 Federal Regulations; and 

13 ‘‘(II) as of the date of enactment 

14 of this section, is subject to a State 

15 corrective action requirement. 

16 ‘‘(ii) DEADLINE TO MEET GROUND17 WATER PROTECTION STANDARD.—Except 

18 as provided in subparagraph (C), the im19 plementing agency shall require that the 

20 groundwater protection standard, for sur21 face impoundments identified in clause (i) 

22 of this subparagraph, established by the 

23 implementing agency under section 

24 258.55(h) or 258.55(i) of title 40, Code of 

25 Federal Regulations, for any constituent 


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1 for which corrective measures are required 

2 shall be met— 

3 ‘‘(I) as soon as practicable at the 

4 relevant point of compliance, as de5 scribed in section 258.40(d) of title 

6 40, Code of Federal Regulations; and 

7 ‘‘(II) not later than 8 years after 

8 the date of enactment of this section. 

9 ‘‘(C) EXTENSION OF DEADLINE.— 

10 ‘‘(i) IN GENERAL.—Except as pro11 vided in clause (ii) of this subparagraph, 

12 the deadline for meeting a groundwater 

13 protection standard under subparagraph 

14 (A)(ii) or (B)(ii) may be extended by the 

15 implementing agency, after opportunity for 

16 public notice and comment under the pub17 lic participation process described in sub18 section (b)(2)(B)(iii)(III), or in subsection 

19 (e)(6) based on— 

20 ‘‘(I) the effectiveness of any in21 terim measures implemented by the 

22 owner or operator of the facility under 

23 section 258.58(a)(3) of title 40, Code 

24 of Federal Regulations; 


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1 ‘‘(II) the level of progress dem2 onstrated in meeting the groundwater 

3 protection standard; 

4 ‘‘(III) the potential for other ad5 verse human health or environmental 

6 exposures attributable to the contami7 nation from the surface impoundment 

8 undergoing corrective action; and 

9 ‘‘(IV) the lack of available alter10 native management capacity for the 

11 coal combustion residuals and related 

12 materials managed in the impound13 ment at the facility at which the im14 poundment is located if the owner or 

15 operator has used best efforts, as nec16 essary, to design, obtain any nec17 essary permits, finance, construct, and 

18 render operational the alternative 

19 management capacity during the time 

20 period for meeting a groundwater pro21 tection standard in subparagraph 

22 (A)(ii) or (B)(ii). 

23 ‘‘(ii) EXCEPTION.—The deadline 

24 under subparagraph (A)(ii) or (B)(ii) shall 

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1 nation of public or private drinking water 

2 systems attributable to a surface impound3 ment undergoing corrective action, unless 

4 the contamination has been addressed by 

5 providing a permanent replacement water 

6 system. 

7 ‘‘(D) ADDITIONAL REQUIREMENTS.— 

8 ‘‘(i) CLOSURE.—If the deadline under 

9 subparagraph (A)(ii), (B)(ii), or (C) is not 

10 satisfied, the surface impoundment shall 

11 cease receiving coal combustion residuals 

12 and initiate closure under paragraph (5). 

13 ‘‘(ii) INTERIM MEASURES.— 

14 ‘‘(I) IN GENERAL.—Except as 

15 provided in subclause (II), not later 

16 than 90 days after the date on which 

17 the assessment of corrective measures 

18 is initiated, the owner or operator of 

19 a surface impoundment described in 

20 subparagraph (A) or (B) shall imple21 ment interim measures, as necessary, 

22 under the factors in section 

23 258.58(a)(3) of title 40, Code of Fed24 eral Regulations. 


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1 ‘‘(II) IMPOUNDMENTS SUBJECT

2 TO STATE CORRECTIVE ACTION RE3 QUIREMENT AS OF THE DATE OF EN4 ACTMENT.—Subclause (I) shall only 

5 apply to surface impoundments sub6 ject to a State corrective action re7 quirement as of the date of enactment 

8 of this section if the owner or oper9 ator has not implemented interim 

10 measures, as necessary, under the fac11 tors in section 258.58(a)(3) of title 

12 40, Code of Federal Regulations. 

13 ‘‘(E) SURFACE IMPOUNDMENTS THAT RE14 QUIRE ASSESSMENT OF CORRECTIVE MEASURES

15 MORE THAN 10 YEARS AFTER DATE OF ENACT16 MENT.— 

17 ‘‘(i) IN GENERAL.—In addition to the 

18 groundwater monitoring and corrective ac19 tion requirements described in paragraph 

20 (2)(B), the implementing agency shall re21 quire a surface impoundment that receives 

22 coal combustion residuals on or after the 

23 date of enactment of this section to comply 

24 with the requirements in clause (ii) if the 

25 surface impoundment— 


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1 ‘‘(I) does not— 

2 ‘‘(aa) have a liner system 

3 described in section 258.40(b) of 

4 title 40, Code of Federal Regula5 tions; and 

6 ‘‘(bb) meet the design cri7 teria described in section 

8 258.40(a)(1) of title 40, Code of 

9 Federal Regulations; and 

10 ‘‘(II) more than 10 years after 

11 the date of enactment of this section, 

12 is required under section 258.56(a) 

13 title 40, Code of Federal Regulations, 

14 to undergo an assessment of correc15 tive measures for any constituent cov16 ered under subpart E of part 258 of 

17 title 40, Code of Federal Regulations, 

18 or otherwise identified in paragraph 

19 (2)(B)(ii) of this subsection, for which 

20 assessment groundwater monitoring is 

21 required. 

22 ‘‘(ii) REQUIREMENTS.— 

23 ‘‘(I) CLOSURE.—The surface im24 poundments identified in clause (i) 

25 shall cease receiving coal combustion 


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1 residuals and initiate closure in ac2 cordance with paragraph (5) after al3 ternative management capacity at the 

4 facility is available for the coal com5 bustion residuals and related mate6 rials managed in the impoundment. 

7 ‘‘(II) BEST EFFORTS.—The al8 ternative management capacity shall 

9 be developed as soon as practicable 

10 with the owner or operator using best 

11 efforts to design, obtain necessary 

12 permits for, finance, construct, and 

13 render operational the alternative 

14 management capacity. 

15 ‘‘(III) ALTERNATIVE CAPACITY

16 MANAGEMENT PLAN.—The owner or 

17 operator shall, in collaboration with 

18 the implementing agency, prepare a 

19 written plan that describes the steps 

20 necessary to develop the alternative 

21 management capacity and includes a 

22 schedule for completion. 

23 ‘‘(IV) PUBLIC PARTICIPATION.— 

24 The plan described in subclause (III) 

25 shall be subject to public notice and 


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1 comment under the public participa2 tion process described in subsection 

3 (b)(2)(B)(iii)(III) or in subsection 

4 (e)(6), as applicable. 

5 ‘‘(5) CLOSURE.— 

6 ‘‘(A) IN GENERAL.—If it is determined by 

7 the implementing agency that a structure 

8 should close because the requirements of a coal 

9 combustion residuals permit program are not 

10 being satisfied with respect to such structure, 

11 or if it is determined by the owner or operator 

12 that a structure should close, the time period 

13 and method for the closure of such structure 

14 shall be set forth in a closure plan that estab15 lishes a deadline for completion of closure as 

16 soon as practicable and that takes into account 

17 the nature and the site-specific characteristics 

18 of the structure to be closed. 

19 ‘‘(B) SURFACE IMPOUNDMENT.—In the 

20 case of a surface impoundment, the closure plan 

21 under subparagraph (A) shall require, at a min22 imum, the removal of liquid and the stabiliza23 tion of remaining waste, as necessary to sup24 port the final cover. 


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1 ‘‘(d) FEDERAL REVIEW OF STATE PERMIT PRO2 GRAMS.— 

3 ‘‘(1) IN GENERAL.—The Administrator shall 

4 provide to a State written notice and an opportunity 

5 to remedy deficiencies in accordance with paragraph 

6 (3) if at any time the State— 

7 ‘‘(A) does not satisfy the notification re8 quirement under subsection (b)(1); 

9 ‘‘(B) has not submitted a certification re10 quired under subsection (b)(2); 

11 ‘‘(C) does not satisfy the maintenance re12 quirement under subsection (b)(3); 

13 ‘‘(D) is not implementing a coal combus14 tion residuals permit program, with respect to 

15 which the State has submitted a certification 

16 under subsection (b)(2), that meets the require17 ments described in subsection (c); 

18 ‘‘(E) is not implementing a coal combus19 tion residuals permit program, with respect to 

20 which the State has submitted a certification 

21 under subsection (b)(2)— 

22 ‘‘(i) that is consistent with such cer23 tification; and 


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1 ‘‘(ii) for which the State continues to 

2 have in effect statutes or regulations nec3 essary to implement such program; or 

4 ‘‘(F) does not make available to the Ad5 ministrator, within 90 days of a written re6 quest, specific information necessary for the 

7 Administrator to ascertain whether the State 

8 has satisfied the requirements described in sub9 paragraphs (A) through (E). 

10 ‘‘(2) REQUEST.—If a request described in para11 graph (1)(F) is proposed pursuant to a petition to 

12 the Administrator, the Administrator shall only 

13 make the request if the Administrator does not pos14 sess the information necessary to ascertain whether 

15 the State has satisfied the requirements described in 

16 subparagraphs (A) through (E) of such paragraph. 

17 ‘‘(3) CONTENTS OF NOTICE; DEADLINE FOR RE18 SPONSE.—A notice provided under paragraph (1) 

19 shall— 

20 ‘‘(A) include findings of the Administrator 

21 detailing any applicable deficiencies described in 

22 subparagraphs (A) through (F) of paragraph 

23 (1); and 

24 ‘‘(B) identify, in collaboration with the 

25 State, a reasonable deadline by which the State 


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1 shall remedy such applicable deficiencies, which 

2 shall be— 

3 ‘‘(i) in the case of a deficiency de4 scribed in subparagraphs (A) through (E) 

5 of paragraph (1), not earlier than 180 

6 days after the date on which the State re7 ceives the notice; and 

8 ‘‘(ii) in the case of a deficiency de9 scribed in paragraph (1)(F), not later than 

10 90 days after the date on which the State 

11 receives the notice. 

12 ‘‘(4) CRITERIA FOR DETERMINING DEFICIENCY

13 OF STATE PERMIT PROGRAM.—In making a deter14 mination whether a State has failed to satisfy the re15 quirements described in subparagraphs (A) through 

16 (E) of paragraph (1), or a determination under sub17 section (e)(1)(B), the Administrator shall consider, 

18 as appropriate— 

19 ‘‘(A) whether the State’s statutes or regu20 lations to implement a coal combustion residu21 als permit program are not sufficient to meet 

22 the requirements described in subsection (c) be23 cause of— 


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1 ‘‘(i) failure of the State to promulgate 

2 or enact new statutes or regulations when 

3 necessary; or 

4 ‘‘(ii) action by a State legislature or 

5 court striking down or limiting such State 

6 statutes or regulations; 

7 ‘‘(B) whether the operation of the State 

8 coal combustion residuals permit program fails 

9 to comply with the requirements of subsection 

10 (c) because of— 

11 ‘‘(i) failure of the State to issue per12 mits as required in subsection (c)(1)(E); 

13 ‘‘(ii) repeated issuance of permits by 

14 the State which do not meet the require15 ments of subsection (c); 

16 ‘‘(iii) failure of the State to comply 

17 with the public participation requirements 

18 of this section; or 

19 ‘‘(iv) failure of the State to implement 

20 corrective action requirements as described 

21 in subsection (c)(2)(B); and 

22 ‘‘(C) whether the enforcement of a State 

23 coal combustion residuals permit program fails 

24 to comply with the requirements of this section 

25 because of— 


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1 ‘‘(i) failure to act on violations of per2 mits, as identified by the State; or 

3 ‘‘(ii) repeated failure by the State to 

4 inspect or otherwise determine compliance 

5 pursuant to the process identified in sub6 section (b)(2)(B)(iii)(I). 

7 ‘‘(e) IMPLEMENTATION BY ADMINISTRATOR.— 

8 ‘‘(1) FEDERAL BACKSTOP AUTHORITY.—The 

9 Administrator shall implement a coal combustion re10 siduals permit program for a State only if— 

11 ‘‘(A) the Governor of the State notifies the 

12 Administrator under subsection (b)(1) that the 

13 State will not adopt and implement a permit 

14 program; 

15 ‘‘(B) the State has received a notice under 

16 subsection (d) and the Administrator deter17 mines, after providing a 30-day period for no18 tice and public comment, that the State has 

19 failed, by the deadline identified in the notice 

20 under subsection (d)(3)(B), to remedy the defi21 ciencies detailed in the notice under subsection 

22 (d)(3)(A); or 

23 ‘‘(C) the State informs the Administrator, 

24 in writing, that such State will no longer imple25 ment such a permit program. 


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1 ‘‘(2) REVIEW.—A State may obtain a review of 

2 a determination by the Administrator under this 

3 subsection as if the determination was a final regu4 lation for purposes of section 7006. 

5 ‘‘(3) OTHER STRUCTURES.—For structures 

6 that receive coal combustion residuals on or after 

7 the date of enactment of this section located on 

8 property within the exterior boundaries of a State 

9 that the State does not have authority or jurisdiction 

10 to regulate, the Administrator shall implement a coal 

11 combustion residuals permit program only for those 

12 structures. 

13 ‘‘(4) REQUIREMENTS.—If the Administrator 

14 implements a coal combustion residuals permit pro15 gram for a State under paragraph (1) or (3), the 

16 permit program shall consist of the requirements de17 scribed in subsection (c). 

18 ‘‘(5) ENFORCEMENT.— 

19 ‘‘(A) IN GENERAL.—If the Administrator 

20 implements a coal combustion residuals permit 

21 program for a State under paragraph (1)— 

22 ‘‘(i) the authorities referred to in sec23 tion 4005(c)(2)(A) shall apply with respect 

24 to coal combustion residuals and structures 

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1 menting the coal combustion residuals per2 mit program; and 

3 ‘‘(ii) the Administrator may use those 

4 authorities to inspect, gather information, 

5 and enforce the requirements of this sec6 tion in the State. 

7 ‘‘(B) OTHER STRUCTURES.—If the Admin8 istrator implements a coal combustion residuals 

9 permit program under paragraph (3)— 

10 ‘‘(i) the authorities referred to in sec11 tion 4005(c)(2)(A) shall apply with respect 

12 to coal combustion residuals and structures 

13 for which the Administrator is imple14 menting the coal combustion residuals per15 mit program; and 

16 ‘‘(ii) the Administrator may use those 

17 authorities to inspect, gather information, 

18 and enforce the requirements of this sec19 tion for the structures for which the Ad20 ministrator is implementing the coal com21 bustion residuals permit program. 

22 ‘‘(6) PUBLIC PARTICIPATION PROCESS.—If the 

23 Administrator implements a coal combustion residu24 als permit program for a State under this sub25 section, the Administrator shall provide a 30-day peVerDate Mar 15 2010 04:16 Jun 04, 2013 Jkt 029200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H2218.IH H2218

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1 riod for the public participation process required in 

2 paragraphs (1)(F)(i), (4)(C)(i), and (4)(E)(ii)(IV) of 

3 subsection (c). 

4 ‘‘(f) STATE CONTROL AFTER IMPLEMENTATION BY

5 ADMINISTRATOR.— 

6 ‘‘(1) STATE CONTROL.— 

7 ‘‘(A) NEW ADOPTION, OR RESUMPTION OF, 

8 AND IMPLEMENTATION BY STATE.—For a State 

9 for which the Administrator is implementing a 

10 coal combustion residuals permit program 

11 under subsection (e)(1)(A), or subsection 

12 (e)(1)(C), the State may adopt and implement 

13 such a permit program by— 

14 ‘‘(i) notifying the Administrator that 

15 the State will adopt and implement such a 

16 permit program; 

17 ‘‘(ii) not later than 6 months after the 

18 date of such notification, submitting to the 

19 Administrator a certification under sub20 section (b)(2); and 

21 ‘‘(iii) receiving from the Adminis22 trator— 

23 ‘‘(I) a determination, after pro24 viding a 30-day period for notice and 

25 public comment, that the State coal 


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1 combustion residuals permit program 

2 meets the requirements described in 

3 subsection (c); and 

4 ‘‘(II) a timeline for transition of 

5 control of the coal combustion residu6 als permit program. 

7 ‘‘(B) REMEDYING DEFICIENT PERMIT PRO8 GRAM.—For a State for which the Adminis9 trator is implementing a coal combustion re10 siduals permit program under subsection 

11 (e)(1)(B), the State may adopt and implement 

12 such a permit program by— 

13 ‘‘(i) remedying only the deficiencies 

14 detailed in the notice pursuant to sub15 section (d)(3)(A); and 

16 ‘‘(ii) receiving from the Adminis17 trator— 

18 ‘‘(I) a determination, after pro19 viding a 30-day period for notice and 

20 public comment, that the deficiencies 

21 detailed in such notice have been rem22 edied; and 

23 ‘‘(II) a timeline for transition of 

24 control of the coal combustion residu25 als permit program. 


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1 ‘‘(2) REVIEW OF DETERMINATION.— 

2 ‘‘(A) DETERMINATION REQUIRED.—The 

3 Administrator shall make a determination 

4 under paragraph (1) not later than 90 days 

5 after the date on which the State submits a cer6 tification under paragraph (1)(A)(ii), or notifies 

7 the Administrator that the deficiencies have 

8 been remedied pursuant to paragraph (1)(B)(i), 

9 as applicable. 

10 ‘‘(B) REVIEW.—A State may obtain a re11 view of a determination by the Administrator 

12 under paragraph (1) as if such determination 

13 was a final regulation for purposes of section 

14 7006. 

15 ‘‘(3) IMPLEMENTATION DURING TRANSITION.— 

16 ‘‘(A) EFFECT ON ACTIONS AND ORDERS.— 

17 Program requirements of, and actions taken or 

18 orders issued pursuant to, a coal combustion re19 siduals permit program shall remain in effect 

20 if— 

21 ‘‘(i) a State takes control of its coal 

22 combustion residuals permit program from 

23 the Administrator under paragraph (1); or 


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1 ‘‘(ii) the Administrator takes control 

2 of a coal combustion residuals permit pro3 gram from a State under subsection (e). 

4 ‘‘(B) CHANGE IN REQUIREMENTS.—Sub5 paragraph (A) shall apply to such program re6 quirements, actions, and orders until such time 

7 as— 

8 ‘‘(i) the implementing agency changes 

9 the requirements of the coal combustion 

10 residuals permit program with respect to 

11 the basis for the action or order; or 

12 ‘‘(ii) the State or the Administrator, 

13 whichever took the action or issued the 

14 order, certifies the completion of a correc15 tive action that is the subject of the action 

16 or order. 

17 ‘‘(4) SINGLE PERMIT PROGRAM.—If a State 

18 adopts and implements a coal combustion residuals 

19 permit program under this subsection, the Adminis20 trator shall cease to implement the permit program 

21 implemented under subsection (e)(1) for such State. 

22 ‘‘(g) EFFECT ON DETERMINATION UNDER 4005(c) 

23 OR 3006.—The Administrator shall not consider the im24 plementation of a coal combustion residuals permit pro25 gram by the Administrator under subsection (e) in making 


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1 a determination of approval for a permit program or other 

2 system of prior approval and conditions under section 

3 4005(c) or of authorization for a program under section 

4 3006. 

5 ‘‘(h) AUTHORITY.— 

6 ‘‘(1) STATE AUTHORITY.—Nothing in this sec7 tion shall preclude or deny any right of any State to 

8 adopt or enforce any regulation or requirement re9 specting coal combustion residuals that is more 

10 stringent or broader in scope than a regulation or 

11 requirement under this section. 

12 ‘‘(2) AUTHORITY OF THE ADMINISTRATOR.— 

13 ‘‘(A) IN GENERAL.—Except as provided in 

14 subsections (d) and (e) and section 6005, the 

15 Administrator shall, with respect to the regula16 tion of coal combustion residuals, defer to the 

17 States pursuant to this section. 

18 ‘‘(B) IMMINENT HAZARD.—Nothing in this 

19 section shall be construed as affecting the au20 thority of the Administrator under section 7003 

21 with respect to coal combustion residuals. 

22 ‘‘(C) ENFORCEMENT ASSISTANCE ONLY

23 UPON REQUEST.—Upon request from the head 

24 of a lead State agency that is implementing a 

25 coal combustion residuals permit program, the 


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1 Administrator may provide to such State agen2 cy only the enforcement assistance requested. 

3 ‘‘(D) CONCURRENT ENFORCEMENT.—Ex4 cept as provided in subparagraph (C), the Ad5 ministrator shall not have concurrent enforce6 ment authority when a State is implementing a 

7 coal combustion residuals permit program, in8 cluding during any period of interim operation 

9 described in subsection (c)(3)(D). 

10 ‘‘(E) OTHER AUTHORITY.—The Adminis11 trator shall not have authority to finalize the 

12 proposed rule published at pages 35128 

13 through 35264 of volume 75 of the Federal 

14 Register (June 21, 2010). 

15 ‘‘(F) OTHER RESPONSE AUTHORITY.— 

16 Nothing in this section shall be construed as af17 fecting the authority of the Administrator 

18 under the Comprehensive Environmental Re19 sponse, Compensation, and Liability Act of 

20 1980 (42 U.S.C. 9601 et seq.) with respect to 

21 coal combustion residuals. 

22 ‘‘(3) CITIZEN SUITS.—Nothing in this section 

23 shall be construed to affect the authority of a person 

24 to commence a civil action in accordance with sec25 tion 7002. 


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1 ‘‘(i) MINE RECLAMATION ACTIVITIES.—A coal com2 bustion residuals permit program implemented by the Ad3 ministrator under subsection (e) shall not apply to the uti4 lization, placement, and storage of coal combustion residu5 als at surface mining and reclamation operations. 

6 ‘‘(j) DEFINITIONS.—In this section: 

7 ‘‘(1) COAL COMBUSTION RESIDUALS.—The 

8 term ‘coal combustion residuals’ means— 

9 ‘‘(A) the solid wastes listed in section 

10 3001(b)(3)(A)(i), including recoverable mate11 rials from such wastes; 

12 ‘‘(B) coal combustion wastes that are co13 managed with wastes produced in conjunction 

14 with the combustion of coal, provided that such 

15 wastes are not segregated and disposed of sepa16 rately from the coal combustion wastes and 

17 comprise a relatively small proportion of the 

18 total wastes being disposed in the structure; 

19 ‘‘(C) fluidized bed combustion wastes; 

20 ‘‘(D) wastes from the co-burning of coal 

21 with non-hazardous secondary materials, pro22 vided that coal makes up at least 50 percent of 

23 the total fuel burned; and 


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1 ‘‘(E) wastes from the co-burning of coal 

2 with materials described in subparagraph (A) 

3 that are recovered from monofills. 

4 ‘‘(2) COAL COMBUSTION RESIDUALS PERMIT

5 PROGRAM.—The term ‘coal combustion residuals 

6 permit program’ means all of the authorities, activi7 ties, and procedures that comprise the system of 

8 prior approval and conditions implemented by or for 

9 a State to regulate the management and disposal of 

10 coal combustion residuals. 

11 ‘‘(3) CODE OF FEDERAL REGULATIONS.—The 

12 term ‘Code of Federal Regulations’ means the Code 

13 of Federal Regulations (as in effect on the date of 

14 enactment of this section) or any successor regula15 tions. 

16 ‘‘(4) IMPLEMENTING AGENCY.—The term ‘im17 plementing agency’ means the agency responsible for 

18 implementing a coal combustion residuals permit 

19 program for a State, which shall either be the lead 

20 State implementing agency identified under sub21 section (b)(2)(B)(i) or the Administrator pursuant 

22 to subsection (e). 

23 ‘‘(5) PERMIT; PRIOR APPROVAL AND CONDI24 TIONS.—Except as provided in subsections (b)(3) 

25 and (g), the terms ‘permit’ and ‘prior approval and 


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1 conditions’ mean any authorization, license, or equiv2 alent control document that incorporates the re3 quirements of subsection (c). 

4 ‘‘(6) REVISED CRITERIA.—The term ‘revised 

5 criteria’ means the criteria promulgated for munic6 ipal solid waste landfill units under section 4004(a) 

7 and under section 1008(a)(3), as revised under sec8 tion 4010(c). 

9 ‘‘(7) STRUCTURE.— 

10 ‘‘(A) IN GENERAL.—Except as provided in 

11 subparagraph (B), the term ‘structure’ means a 

12 landfill, surface impoundment, or other land13 based unit which receives, or is intended to re14 ceive, coal combustion residuals. 

15 ‘‘(B) DE MINIMIS RECEIPT.—The term 

16 ‘structure’ does not include any land-based unit 

17 that receives only de minimis quantities of coal 

18 combustion residuals if the presence of coal 

19 combustion residuals is incidental to the mate20 rial managed in the unit.’’. 

21 (b) CONFORMING AMENDMENT.—The table of con22 tents contained in section 1001 of the Solid Waste Dis23 posal Act is amended by inserting after the item relating 

24 to section 4010 the following: 

‘‘Sec. 4011. Management and disposal of coal combustion residuals.’’. 


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1 SEC. 3. 2000 REGULATORY DETERMINATION. 

2 Nothing in this Act, or the amendments made by this 

3 Act, shall be construed to alter in any manner the Envi4 ronmental Protection Agency’s regulatory determination 

5 entitled ‘‘Notice of Regulatory Determination on Wastes 

6 From the Combustion of Fossil Fuels’’, published at 65 

7 Fed. Reg. 32214 (May 22, 2000), that the fossil fuel com8 bustion wastes addressed in that determination do not 

9 warrant regulation under subtitle C of the Solid Waste 

10 Disposal Act (42 U.S.C. 6921 et seq.). 

11 SEC. 4. TECHNICAL ASSISTANCE. 

12 Nothing in this Act, or the amendments made by this 

13 Act, shall be construed to affect the authority of a State 

14 to request, or the Administrator of the Environmental 

15 Protection Agency to provide, technical assistance under 

16 the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). 

17 SEC. 5. FEDERAL POWER ACT. 

18 Nothing in this Act, or the amendments made by this 

19 Act, shall be construed to affect the obligations of an 

20 owner or operator of a structure (as defined in section 

21 4011 of the Solid Waste Disposal Act, as added by this 

22 Act) under section 215(b)(1) of the Federal Power Act 

23 (16 U.S.C. 824o(b)(1)). 

Æ 


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