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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2218 Engrossed in House (EH)]

113th CONGRESS
  1st Session
                                H. R. 2218

_______________________________________________________________________

                                 AN ACT

 
   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.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Coal Residuals 
Reuse and Management Act of 2013''.
    (b) Table of Contents.--The table of contents for 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.

SEC. 2. 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, implement, and enforce a coal combustion residuals 
permit program if such State provides the notification required under 
subsection (b)(1), and the certification required under subsection 
(b)(2).
    ``(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 subsection (f)(1)(A)), 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 implementing agency shall 
                submit to the Administrator a certification that such 
                coal combustion residuals permit program meets the 
                requirements described in subsection (c).
                    ``(B) Contents.--A certification submitted under 
                this paragraph shall include--
                            ``(i) a letter identifying the lead State 
                        implementing agency, 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) an explanation of how the State 
                        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;
                                    ``(IV) statutes, regulations, or 
                                policies pertaining to public access to 
                                information, such as groundwater 
                                monitoring data; and
                                    ``(V) statutes, regulations, or 
                                policies pertaining to structural 
                                integrity or dam safety that may be 
                                applied to structures through such 
                                permit program;
                            ``(iv) a certification that the State has 
                        in effect, at the time of certification, 
                        statutes or regulations necessary to implement 
                        a coal combustion residuals permit program that 
                        meets the requirements described in subsection 
                        (c);
                            ``(v) copies of State statutes and 
                        regulations described in clause (iv); and
                            ``(vi) an emergency action plan for State 
                        response to a leak or spill at a structure that 
                        receives coal combustion residuals.
                    ``(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 implementing agency shall maintain an approved permit 
        program or other system of prior approval and conditions under 
        section 4005(c) or an authorized program under section 3006.
    ``(c) Requirements for a Coal Combustion Residuals Permit 
Program.--A coal combustion residuals permit program shall consist of 
the following:
            ``(1) General requirements.--
                    ``(A) In general.--The implementing agency shall--
                            ``(i) apply the subset of the revised 
                        criteria described in paragraph (2) to owners 
                        or operators of structures, including surface 
                        impoundments, that receive coal combustion 
                        residuals on or after the date of enactment of 
                        this section;
                            ``(ii) with respect to structures that are 
                        receiving coal combustion residuals as of the 
                        date of enactment of this section, take the 
                        actions required under paragraph (3);
                            ``(iii) impose requirements for surface 
                        impoundments that do not meet certain criteria 
                        pursuant to paragraph (4); and
                            ``(iv) require that closure of structures 
                        occur in accordance with paragraph (5).
                    ``(B) Structural integrity.--
                            ``(i) Engineering certification.--The 
                        implementing agency shall require that an 
                        independent registered professional engineer 
                        certify that--
                                    ``(I) the design of each structure 
                                that receives coal combustion residuals 
                                on or after the date of enactment of 
                                this section 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 therein; and
                                    ``(II) the construction and 
                                maintenance of the structure will 
                                ensure structural stability.
                            ``(ii) Emergency action plan.--The 
                        implementing agency shall require that the 
                        owner or operator of any structure that is a 
                        surface impoundment that receives coal 
                        combustion residuals on or after the date of 
                        enactment of this section and that is 
                        classified by the State as posing a high hazard 
                        potential pursuant to the guidelines published 
                        by the Federal Emergency Management Agency 
                        entitled `Federal Guidelines for Dam Safety: 
                        Hazard Potential Classification System for 
                        Dams' (FEMA Publication Number 333) prepare and 
                        maintain an emergency action plan that 
                        identifies responsible persons and actions to 
                        be taken in the event of a dam safety 
                        emergency.
                            ``(iii) Inspection.--
                                    ``(I) In general.--The implementing 
                                agency shall require that structures 
                                that are surface impoundments that 
                                receive coal combustion residuals on or 
                                after the date of enactment of this 
                                section 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 therein, so as to ensure dam 
                                stability.
                                    ``(II) Potentially hazardous 
                                conditions.--The implementing agency 
                                shall require that if an inspection 
                                under subclause (I), or a periodic 
                                evaluation under clause (iv), reveals a 
                                potentially hazardous condition, the 
                                owner or operator of the structure 
                                shall immediately take action to 
                                mitigate the potentially hazardous 
                                condition and notify appropriate State 
                                and local first responders.
                            ``(iv) Periodic evaluation.--The 
                        implementing agency shall require that 
                        structures that are surface impoundments that 
                        receive coal combustion residuals on or after 
                        the date of enactment of this section be 
                        periodically evaluated for appearances of 
                        structural weakness.
                            ``(v) Deficiency.--
                                    ``(I) In general.--If the head of 
                                the implementing agency determines that 
                                a structure is deficient with respect 
                                to the requirements in clause (i), 
                                (iii), or (iv), 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 implementing agency has the 
                                authority to require that the structure 
                                close in accordance with paragraph (5).
                                    ``(III) Dam safety consultation.--
                                In the case of a structure that is a 
                                surface impoundment, the head of the 
                                implementing agency shall, in making a 
                                determination under subclause (I), 
                                consult with appropriate State dam 
                                safety officials.
                    ``(C) Location.--The implementing agency shall 
                require that structures that first receive coal 
                combustion residuals on or 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 implementing agency that--
                            ``(i) the hydrogeologic characteristics of 
                        a 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 implementing agency 
                        shall require that owners or operators of 
                        structures that receive coal combustion 
                        residuals on or after the date of enactment of 
                        this section 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 implementing agency, 
                        owners or operators of structures that receive 
                        coal combustion residuals on or after the date 
                        of enactment of this section may propose 
                        alternative methods to address wind dispersal 
                        of dust that will provide comparable or more 
                        effective control of dust.
                    ``(E) Permits.--The implementing agency shall 
                require that owners or operators of structures that 
                receive coal combustion residuals on or after the date 
                of enactment of this section apply for and obtain 
                permits incorporating the requirements of the coal 
                combustion residuals permit program.
                    ``(F) Public availability of information.--Except 
                for information with respect to which disclosure is 
                prohibited under section 1905 of title 18, United 
                States Code, the implementing agency 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) or 
                        in subsection (e)(6), as applicable;
                            ``(ii) final determinations on permit 
                        applications are made known to the public; and
                            ``(iii) groundwater monitoring data 
                        collected under paragraph (2) is publicly 
                        available.
                    ``(G) Agency authority.--
                            ``(i) In general.--The implementing agency 
                        has the authority to--
                                    ``(I) obtain information necessary 
                                to determine whether the owner or 
                                operator of a structure is in 
                                compliance with the requirements of 
                                this subsection;
                                    ``(II) conduct or require 
                                monitoring and testing to ensure that 
                                structures are in compliance with the 
                                requirements of this subsection; 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 
                                design, operation, and maintenance of 
                                structures.
                            ``(ii) Monitoring and testing.--If 
                        monitoring or testing is conducted under clause 
                        (i)(II) by or for the implementing agency, the 
                        implementing 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 implementing agency; and
                                    ``(III) a copy of the results of 
                                any analysis of samples collected by or 
                                for the implementing agency.
            ``(2) Revised criteria.--The subset of the revised criteria 
        referred to in paragraph (1)(A)(i) are as follows:
                    ``(A) Design requirements.--For new structures, and 
                lateral expansions of existing structures, that first 
                receive coal combustion residuals on or 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.
                    ``(B) Groundwater monitoring and corrective 
                action.--For all structures that receive coal 
                combustion residuals on or 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 subparagraph, 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.
                    ``(C) Closure.--For all structures that receive 
                coal combustion residuals on or after the date of 
                enactment of this section, in a manner consistent with 
                paragraph (5), 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.
                    ``(D) Post-closure.--For all structures that 
                receive coal combustion residuals on or 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.
                    ``(E) Location restrictions.--The revised criteria 
                for location restrictions described in--
                            ``(i) for new structures, and lateral 
                        expansions of existing structures, that first 
                        receive coal combustion residuals on or 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 on or after the date 
                        of enactment of this section, sections 258.11 
                        and 258.15 of title 40, Code of Federal 
                        Regulations.
                    ``(F) Air quality.--For all structures that receive 
                coal combustion residuals on or 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.
                    ``(G) Financial assurance.--For all structures that 
                receive coal combustion residuals on or 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.
                    ``(H) Surface water.--For all structures that 
                receive coal combustion residuals on or 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.
                    ``(I) Recordkeeping.--For all structures that 
                receive coal combustion residuals on or 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.
                    ``(J) Run-on and run-off control systems for land-
                based units.--For all landfills and other land-based 
                units, other than surface impoundments, that receive 
                coal combustion residuals on or 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.
                    ``(K) Run-off control systems for surface 
                impoundments.--For all surface impoundments that 
                receive coal combustion residuals on or 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.
            ``(3) Permit program implementation for existing 
        structures.--
                    ``(A) Notification.--Not later than the date on 
                which a State submits a certification under subsection 
                (b)(2), not later than 30 months after the 
                Administrator receives notice under subsection 
                (e)(1)(A), or not later than 36 months after the date 
                of enactment of this section with respect to a coal 
                combustion residuals permit program that is being 
                implemented by the Administrator under subsection 
                (e)(3), as applicable, the implementing agency shall 
                notify owners or operators of structures that are 
                receiving coal combustion residuals as of the date of 
                enactment of this section within the State of--
                            ``(i) the obligation to apply for and 
                        obtain a permit under subparagraph (C); and
                            ``(ii) the requirements referred to in 
                        subparagraph (B).
                    ``(B) Compliance with certain requirements.--Not 
                later than 12 months after the date on which a State 
                submits a certification under subsection (b)(2), not 
                later than 42 months after the Administrator receives 
                notice under subsection (e)(1)(A), or not later than 48 
                months after the date of enactment of this section with 
                respect to a coal combustion residuals permit program 
                that is being implemented by the Administrator under 
                subsection (e)(3), as applicable, the implementing 
                agency shall require owners or operators of structures 
                that are receiving coal combustion residuals as of the 
                date of enactment of this section to comply with--
                            ``(i) the requirements under paragraphs 
                        (1)(B)(ii) and (iii), (1)(D), (2)(B), (2)(F), 
                        (2)(H), (2)(J), and (2)(K); and
                            ``(ii) the groundwater recordkeeping 
                        requirement described in section 258.29(a)(5) 
                        of title 40, Code of Federal Regulations.
                    ``(C)  Permits.--
                            ``(i) Permit deadline.--Not later than 48 
                        months after the date on which a State submits 
                        a certification under subsection (b)(2), not 
                        later than 78 months after the Administrator 
                        receives notice under subsection (e)(1)(A), or 
                        not later than 84 months after the date of 
                        enactment of this section with respect to a 
                        coal combustion residuals permit program that 
                        is being implemented by the Administrator under 
                        subsection (e)(3), as applicable, the 
                        implementing agency shall issue, with respect 
                        to a structure that is receiving coal 
                        combustion residuals as of the date of 
                        enactment of this section, a final permit 
                        incorporating the requirements of the coal 
                        combustion residuals permit program, or a final 
                        denial for an application submitted requesting 
                        such a permit.
                            ``(ii) Application deadline.--The 
                        implementing agency shall identify, in 
                        collaboration with the owner or operator of a 
                        structure described in clause (i), a reasonable 
                        deadline by which the owner or operator shall 
                        submit a permit application under such clause.
                    ``(D) Interim operation.--
                            ``(i) Prior to deadlines.--With respect to 
                        any period of time on or after the date of 
                        enactment of this section but prior to the 
                        applicable deadline in subparagraph (B), the 
                        owner or operator of a structure that is 
                        receiving coal combustion residuals as of the 
                        date of enactment of this section may continue 
                        to operate such structure until such applicable 
                        deadline under the applicable authority in 
                        effect.
                            ``(ii) Prior to permit.--Unless the 
                        implementing agency determines that the 
                        structure should close pursuant to paragraph 
                        (5), if the owner or operator of a structure 
                        that is receiving coal combustion residuals as 
                        of the date of enactment of this section meets 
                        the requirements referred to in subparagraph 
                        (B) by the applicable deadline in such 
                        subparagraph, the owner or operator may operate 
                        the structure until such time as the 
                        implementing agency issues, under subparagraph 
                        (C), a final permit incorporating the 
                        requirements of the coal combustion residuals 
                        permit program, or a final denial for an 
                        application submitted requesting such a permit.
            ``(4) Requirements for surface impoundments that do not 
        meet certain criteria.--
                    ``(A) Surface impoundments that require assessment 
                of corrective measures within 10 years of the date of 
                enactment.--
                            ``(i) In general.--In addition to the 
                        groundwater monitoring and corrective action 
                        requirements described in paragraph (2)(B), the 
                        implementing agency shall require a surface 
                        impoundment that receives coal combustion 
                        residuals on or after the date of enactment of 
                        this section to comply with the requirements in 
                        clause (ii) of this subparagraph and clauses 
                        (i) and (ii) of subparagraph (D) if the surface 
                        impoundment--
                                    ``(I) 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
                                    ``(II) 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 covered 
                                under subpart E of part 258 of title 
                                40, Code of Federal Regulations, or 
                                otherwise identified in paragraph 
                                (2)(B)(ii) of this subsection, for 
                                which assessment groundwater monitoring 
                                is required.
                            ``(ii) Deadline to meet groundwater 
                        protection standard.--Except as provided in 
                        subparagraph (C), the implementing agency shall 
                        require that the groundwater protection 
                        standard, for surface impoundments identified 
                        in clause (i) of this subparagraph, established 
                        by the implementing agency 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--
                                    ``(I) 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
                                    ``(II) not later than 10 years 
                                after the date of enactment of this 
                                section.
                    ``(B) Surface impoundments subject to a state 
                corrective action requirement as of the date of 
                enactment.--
                            ``(i) In general.--In addition to the 
                        groundwater monitoring and corrective action 
                        requirements described in paragraph (2)(B), the 
                        implementing agency shall require a surface 
                        impoundment that receives coal combustion 
                        residuals on or after the date of enactment of 
                        this section to comply with the requirements in 
                        clause (ii) of this subparagraph and clauses 
                        (i) and (ii) of subparagraph (D) if the surface 
                        impoundment--
                                    ``(I) 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
                                    ``(II) as of the date of enactment 
                                of this section, is subject to a State 
                                corrective action requirement.
                            ``(ii) Deadline to meet groundwater 
                        protection standard.--Except as provided in 
                        subparagraph (C), the implementing agency shall 
                        require that the groundwater protection 
                        standard, for surface impoundments identified 
                        in clause (i) of this subparagraph, established 
                        by the implementing agency 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--
                                    ``(I) 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
                                    ``(II) not later than 8 years after 
                                the date of enactment of this section.
                    ``(C) Extension of deadline.--
                            ``(i) In general.--Except as provided in 
                        clause (ii) of this subparagraph, the deadline 
                        for meeting a groundwater protection standard 
                        under subparagraph (A)(ii) or (B)(ii) may be 
                        extended by the implementing agency, after 
                        opportunity for public notice and comment under 
                        the public participation process described in 
                        subsection (b)(2)(B)(iii)(III), or in 
                        subsection (e)(6) based on--
                                    ``(I) 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;
                                    ``(II) the level of progress 
                                demonstrated in meeting the groundwater 
                                protection standard;
                                    ``(III) the potential for other 
                                adverse human health or environmental 
                                exposures attributable to the 
                                contamination from the surface 
                                impoundment undergoing corrective 
                                action; and
                                    ``(IV) 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 subparagraph (A)(ii) or 
                                (B)(ii).
                            ``(ii) Exception.--The deadline under 
                        subparagraph (A)(ii) or (B)(ii) 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.
                    ``(D) Additional requirements.--
                            ``(i) Closure.--If the deadline under 
                        subparagraph (A)(ii), (B)(ii), or (C) is not 
                        satisfied, the surface impoundment shall cease 
                        receiving coal combustion residuals and 
                        initiate closure under paragraph (5).
                            ``(ii) Interim measures.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), not later 
                                than 90 days after the date on which 
                                the assessment of corrective measures 
                                is initiated, the owner or operator of 
                                a surface impoundment described in 
                                subparagraph (A) or (B) shall implement 
                                interim measures, as necessary, under 
                                the factors in section 258.58(a)(3) of 
                                title 40, Code of Federal Regulations.
                                    ``(II) Impoundments subject to 
                                state corrective action requirement as 
                                of the date of enactment.--Subclause 
                                (I) 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.
                    ``(E) Surface impoundments that require assessment 
                of corrective measures more than 10 years after date of 
                enactment.--
                            ``(i) In general.--In addition to the 
                        groundwater monitoring and corrective action 
                        requirements described in paragraph (2)(B), the 
                        implementing agency shall require a surface 
                        impoundment that receives coal combustion 
                        residuals on or after the date of enactment of 
                        this section to comply with the requirements in 
                        clause (ii) if the surface impoundment--
                                    ``(I) 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
                                    ``(II) more than 10 years after the 
                                date of enactment of this section, is 
                                required under section 258.56(a) title 
                                40, Code of Federal Regulations, to 
                                undergo an assessment of corrective 
                                measures for any constituent covered 
                                under subpart E of part 258 of title 
                                40, Code of Federal Regulations, or 
                                otherwise identified in paragraph 
                                (2)(B)(ii) of this subsection, for 
                                which assessment groundwater monitoring 
                                is required.
                            ``(ii) Requirements.--
                                    ``(I) Closure.--The surface 
                                impoundments identified in clause (i) 
                                shall cease receiving coal combustion 
                                residuals and initiate closure in 
                                accordance with paragraph (5) after 
                                alternative management capacity at the 
                                facility is available for the coal 
                                combustion residuals and related 
                                materials managed in the impoundment.
                                    ``(II) 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 for, finance, construct, and 
                                render operational the alternative 
                                management capacity.
                                    ``(III) Alternative capacity 
                                management plan.--The owner or operator 
                                shall, in collaboration with the 
                                implementing agency, prepare a written 
                                plan that describes the steps necessary 
                                to develop the alternative management 
                                capacity and includes a schedule for 
                                completion.
                                    ``(IV) Public participation.--The 
                                plan described in subclause (III) shall 
                                be subject to public notice and comment 
                                under the public participation process 
                                described in subsection 
                                (b)(2)(B)(iii)(III) or in subsection 
                                (e)(6), as applicable.
            ``(5) Closure.--
                    ``(A) In general.--If it is determined by the 
                implementing agency that a structure should close 
                because the requirements of a coal combustion residuals 
                permit program are not being satisfied with respect to 
                such structure, or if it is determined by the owner or 
                operator 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 of closure as soon as practicable and 
                that takes into account the nature and the site-
                specific characteristics of the structure to be closed.
                    ``(B) Surface impoundment.--In the case of a 
                surface impoundment, the closure plan under 
                subparagraph (A) shall require, at a minimum, the 
                removal of liquid and the stabilization of remaining 
                waste, as necessary to support the final cover.
    ``(d) Federal Review of State Permit Programs.--
            ``(1) In general.--The Administrator shall provide to a 
        State written notice and an opportunity to remedy deficiencies 
        in accordance with paragraph (3) if at any time the State--
                    ``(A) does not satisfy the notification requirement 
                under subsection (b)(1);
                    ``(B) has not submitted a certification required 
                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, with respect to which the 
                State has submitted a certification under subsection 
                (b)(2), that meets the requirements described in 
                subsection (c);
                    ``(E) is not implementing a coal combustion 
                residuals permit program, with respect to which the 
                State has submitted a certification under subsection 
                (b)(2)--
                            ``(i) that is consistent with such 
                        certification; and
                            ``(ii) for which the State continues to 
                        have in effect statutes or regulations 
                        necessary to implement such program; or
                    ``(F) 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 satisfied the 
                requirements described in subparagraphs (A) through 
                (E).
            ``(2) Request.--If a request described in paragraph (1)(F) 
        is proposed pursuant to a petition to the Administrator, the 
        Administrator shall only make the request if the Administrator 
        does not possess the information necessary to ascertain whether 
        the State has satisfied the requirements described in 
        subparagraphs (A) through (E) of such paragraph.
            ``(3) Contents of notice; deadline for response.--A notice 
        provided under paragraph (1) shall--
                    ``(A) include findings of the Administrator 
                detailing any applicable deficiencies described in 
                subparagraphs (A) through (F) of paragraph (1); and
                    ``(B) identify, in collaboration with the State, a 
                reasonable deadline by which the State shall remedy 
                such applicable deficiencies, which shall be--
                            ``(i) in the case of a deficiency described 
                        in subparagraphs (A) through (E) of paragraph 
                        (1), 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 paragraph (1)(F), not later than 
                        90 days after the date on which the State 
                        receives the notice.
            ``(4) Criteria for determining deficiency of state permit 
        program.--In making a determination whether a State has failed 
        to satisfy the requirements described in subparagraphs (A) 
        through (E) of paragraph (1), or a determination under 
        subsection (e)(1)(B), the Administrator shall consider, as 
        appropriate--
                    ``(A) whether the State's statutes or regulations 
                to implement a coal combustion residuals permit program 
                are not sufficient to meet the requirements described 
                in subsection (c) because of--
                            ``(i) failure of the State to promulgate or 
                        enact new statutes or regulations when 
                        necessary; or
                            ``(ii) action by a State legislature or 
                        court striking down or limiting such State 
                        statutes or regulations;
                    ``(B) whether the operation of the State coal 
                combustion residuals permit program fails to comply 
                with the requirements of subsection (c) because of--
                            ``(i) failure of the State to issue permits 
                        as required in subsection (c)(1)(E);
                            ``(ii) repeated issuance of permits by the 
                        State which do not meet the requirements of 
                        subsection (c);
                            ``(iii) failure of the State to comply with 
                        the public participation requirements of this 
                        section; or
                            ``(iv) failure of the State to implement 
                        corrective action requirements as described in 
                        subsection (c)(2)(B); and
                    ``(C) whether the enforcement of a State coal 
                combustion residuals permit program fails to comply 
                with the requirements of this section because of--
                            ``(i) failure to act on violations of 
                        permits, as identified by the State; or
                            ``(ii) repeated failure by the State to 
                        inspect or otherwise determine compliance 
                        pursuant to the process identified in 
                        subsection (b)(2)(B)(iii)(I).
    ``(e) Implementation by Administrator.--
            ``(1) Federal backstop authority.--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 that receive coal 
        combustion residuals on or after the date of enactment of this 
        section located on property within the exterior boundaries of a 
        State that 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 
        requirements 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 
                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.
            ``(6) Public participation process.--If the Administrator 
        implements a coal combustion residuals permit program for a 
        State under this subsection, the Administrator shall provide a 
        30-day period for the public participation process required in 
        paragraphs (1)(F)(i), (4)(C)(i), and (4)(E)(ii)(IV) of 
        subsection (c).
    ``(f) State Control After Implementation by Administrator.--
            ``(1) State control.--
                    ``(A) New adoption, or resumption of, and 
                implementation by state.--For a State for which the 
                Administrator is implementing a coal combustion 
                residuals permit program under subsection (e)(1)(A), or 
                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 requirements 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 pursuant to 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.
            ``(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 
                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.--Program 
                requirements of, and 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 program requirements, actions, and 
                orders until such time as--
                            ``(i) the implementing agency changes the 
                        requirements of the coal combustion residuals 
                        permit program with respect to the basis for 
                        the action or order; or
                            ``(ii) the State or the Administrator, 
                        whichever took the action or issued the order, 
                        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) 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, including during any period of interim 
                operation described in subsection (c)(3)(D).
                    ``(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).
                    ``(F) Other response authority.--Nothing in this 
                section shall be construed as affecting the authority 
                of the Administrator under the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9601 et seq.) with respect to coal 
                combustion residuals.
            ``(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.
    ``(i) 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.
    ``(j) 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) Implementing agency.--The term `implementing agency' 
        means the agency responsible for implementing a coal combustion 
        residuals permit program for a State, which shall either be the 
        lead State implementing agency identified under subsection 
        (b)(2)(B)(i) or the Administrator pursuant to subsection (e).
            ``(5) Permit; prior approval and conditions.--Except as 
        provided in subsections (b)(3) and (g), the terms `permit' and 
        `prior approval and conditions' mean any authorization, 
        license, or equivalent control document that incorporates the 
        requirements of subsection (c).
            ``(6) 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).
            ``(7) Structure.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `structure' means a 
                landfill, surface impoundment, or other land-based unit 
                which receives, or is intended to 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. 3. 2000 REGULATORY DETERMINATION.

    Nothing in this Act, or the amendments made by this Act, 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. 4. TECHNICAL ASSISTANCE.

    Nothing in this Act, or the amendments made by this Act, 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. 5. FEDERAL POWER ACT.

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

            Passed the House of Representatives July 25, 2013.

            Attest:

                                                                 Clerk.
113th CONGRESS

  1st Session

                               H. R. 2218

_______________________________________________________________________

                                 AN ACT

   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.
```