IB 

Union Calendar No. 107 

113TH CONGRESS 

1ST SESSION H. R. 2218 

[Report No. 113–148] 

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 

JULY 10, 2013 

Additional sponsors: Mr. BILIRAKIS, Mr. OLSON, Mr. SALMON, Mr. RYAN of 

Ohio, Mrs. WALORSKI, Mr. RODNEY DAVIS of Illinois, Mr. KINZINGER

of Illinois, Mr. ROSS, Mr. SCHOCK, Mr. HUIZENGA of Michigan, Mr. 

DAINES, Mr. MURPHY of Pennsylvania, Mr. CRAMER, Mr. FRANKS of Arizona, Mr. VISCLOSKY, Mr. TERRY, Mr. KLINE, Mr. KING of New York, 

and Mr. COTTON

JULY 10, 2013 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 3, 2013] 


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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. 


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

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

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

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

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

7 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. 

8 SEC. 2. MANAGEMENT AND DISPOSAL OF COAL COMBUS9 TION RESIDUALS. 

10 (a) IN GENERAL.—Subtitle D of the Solid Waste Dis11 posal Act (42 U.S.C. 6941 et seq.) is amended by adding 

12 at the end the following: 

13 ‘‘SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COM14 BUSTION RESIDUALS. 

15 ‘‘(a) STATE PERMIT PROGRAMS FOR COAL COMBUS16 TION RESIDUALS.—Each State may adopt, implement, and 

17 enforce a coal combustion residuals permit program if such 

18 State provides the notification required under subsection 

19 (b)(1), and the certification required under subsection 

20 (b)(2). 

21 ‘‘(b) STATE ACTIONS.— 

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

23 after the date of enactment of this section (except as 


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1 provided by the deadline identified under subsection 

2 (d)(3)(B)), the Governor of each State shall notify the 

3 Administrator, in writing, whether such State will 

4 adopt and implement a coal combustion residuals 

5 permit program. 

6 ‘‘(2) CERTIFICATION.— 

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

8 months after the date of enactment of this section 

9 (except as provided in subsection (f)(1)(A)), in 

10 the case of a State that has notified the Adminis11 trator that it will implement a coal combustion 

12 residuals permit program, the head of the lead 

13 State implementing agency shall submit to the 

14 Administrator a certification that such coal com15 bustion residuals permit program meets the re16 quirements described in subsection (c). 

17 ‘‘(B) CONTENTS.—A certification submitted 

18 under this paragraph shall include— 

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

20 implementing agency, signed by the head of 

21 such agency; 

22 ‘‘(ii) identification of any other State 

23 agencies involved with the implementation 

24 of the coal combustion residuals permit pro25 gram; 


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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 process 

11 for the promulgation, amendment, or 

12 repeal of regulations for, and the 

13 issuance of permits under, such permit 

14 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 poli20 cies pertaining to structural integrity 

21 or dam safety that may be applied to 

22 structures through such permit pro23 gram; 

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 program 

3 that meets the requirements described in 

4 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 cri25 teria described in paragraph (2) to owners 


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1 or operators of structures, including surface 

2 impoundments, that receive coal combustion 

3 residuals on or after the date of enactment 

4 of this section; 

5 ‘‘(ii) with respect to structures that are 

6 receiving coal combustion residuals as of the 

7 date of enactment of this section, take the 

8 actions required under paragraph (3); 

9 ‘‘(iii) impose requirements for surface 

10 impoundments that do not meet certain cri11 teria pursuant to paragraph (4); and 

12 ‘‘(iv) require that closure of structures 

13 occur in accordance with paragraph (5). 

14 ‘‘(B) STRUCTURAL INTEGRITY.— 

15 ‘‘(i) ENGINEERING CERTIFICATION.— 

16 The implementing agency shall require that 

17 an independent registered professional engi18 neer certify that— 

19 ‘‘(I) the design of each structure 

20 that receives coal combustion residuals 

21 on or after the date of enactment of 

22 this section is in accordance with rec23 ognized and generally accepted good 

24 engineering practices for containment 

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1 bustion residuals and liquids which 

2 can be impounded therein; and 

3 ‘‘(II) the construction and main4 tenance of the structure will ensure 

5 structural stability. 

6 ‘‘(ii) EMERGENCY ACTION PLAN.—The 

7 implementing agency shall require that the 

8 owner or operator of any structure that is 

9 a surface impoundment that receives coal 

10 combustion residuals on or after the date of 

11 enactment of this section and that is classi12 fied by the State as posing a high hazard 

13 potential pursuant to the guidelines pub14 lished by the Federal Emergency Manage15 ment Agency entitled ‘Federal Guidelines 

16 for Dam Safety: Hazard Potential Classi17 fication System for Dams’ (FEMA Publica18 tion Number 333) prepare and maintain an 

19 emergency action plan that identifies re20 sponsible persons and actions to be taken in 

21 the event of a dam safety emergency. 

22 ‘‘(iii) INSPECTION.— 

23 ‘‘(I) IN GENERAL.—The imple24 menting agency shall require that 

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1 ments that receive coal combustion re2 siduals on or after the date of enact3 ment of this section be inspected not 

4 less than annually by an independent 

5 registered professional engineer to as6 sure that the design, operation, and 

7 maintenance of the surface impound8 ment is in accordance with recognized 

9 and generally accepted good engineer10 ing practices for containment of the 

11 maximum volume of coal combustion 

12 residuals and liquids which can be im13 pounded therein, so as to ensure dam 

14 stability. 

15 ‘‘(II) POTENTIALLY HAZARDOUS

16 CONDITIONS.—The implementing agen17 cy shall require that if an inspection 

18 under subclause (I), or a periodic eval19 uation under clause (iv), reveals a po20 tentially hazardous condition, the 

21 owner or operator of the structure shall 

22 immediately take action to mitigate 

23 the potentially hazardous condition 

24 and notify appropriate State and local 

25 first responders. 


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1 ‘‘(iv) PERIODIC EVALUATION.—The im2 plementing agency shall require that struc3 tures that are surface impoundments that 

4 receive coal combustion residuals on or after 

5 the date of enactment of this section be peri6 odically evaluated for appearances of struc7 tural weakness. 

8 ‘‘(v) DEFICIENCY.— 

9 ‘‘(I) IN GENERAL.—If the head of 

10 the implementing agency determines 

11 that a structure is deficient with re12 spect to the requirements in clause (i), 

13 (iii), or (iv), the head of the agency has 

14 the authority to require action to cor15 rect the deficiency according to a 

16 schedule determined by the agency. 

17 ‘‘(II) UNCORRECTED DEFI18 CIENCIES.—If a deficiency is not cor19 rected according to the schedule, the 

20 head of the implementing agency has 

21 the authority to require that the struc22 ture close in accordance with para23 graph (5). 

24 ‘‘(III) DAM SAFETY CONSULTA25 TION.—In the case of a structure that 


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1 is a surface impoundment, the head of 

2 the implementing agency shall, in 

3 making a determination under sub4 clause (I), consult with appropriate 

5 State dam safety officials. 

6 ‘‘(C) LOCATION.—The implementing agency 

7 shall require that structures that first receive 

8 coal combustion residuals on or after the date of 

9 enactment of this section shall be constructed 

10 with a base located a minimum of 2 feet above 

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

12 demonstrated to the satisfaction of the imple13 menting agency that— 

14 ‘‘(i) the hydrogeologic characteristics of 

15 a structure and surrounding land would 

16 preclude such a requirement; and 

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

18 liner system will not be adversely impacted 

19 by contact with the water table. 

20 ‘‘(D) WIND DISPERSAL.— 

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

22 agency shall require that owners or opera23 tors of structures that receive coal combus24 tion residuals on or after the date of enact25 ment of this section address wind dispersal 


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1 of dust by requiring cover, or by wetting 

2 coal combustion residuals with water to a 

3 moisture content that prevents wind dis4 persal, facilitates compaction, and does not 

5 result in free liquids. 

6 ‘‘(ii) ALTERNATIVE METHODS.—Sub7 ject to the review and approval by the im8 plementing agency, owners or operators of 

9 structures that receive coal combustion re10 siduals on or after the date of enactment of 

11 this section may propose alternative meth12 ods to address wind dispersal of dust that 

13 will provide comparable or more effective 

14 control of dust. 

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

16 shall require that owners or operators of struc17 tures that receive coal combustion residuals on or 

18 after the date of enactment of this section apply 

19 for and obtain permits incorporating the re20 quirements of the coal combustion residuals per21 mit program. 

22 ‘‘(F) PUBLIC AVAILABILITY OF INFORMA23 TION.—Except for information with respect to 

24 which disclosure is prohibited under section 1905 


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1 of title 18, United States Code, the implementing 

2 agency shall ensure that— 

3 ‘‘(i) documents for permit determina4 tions are made available for public review 

5 and comment under the public participa6 tion process described in subsection 

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

8 applicable; 

9 ‘‘(ii) final determinations on permit 

10 applications are made known to the public; 

11 and 

12 ‘‘(iii) groundwater monitoring data 

13 collected under paragraph (2) is publicly 

14 available. 

15 ‘‘(G) AGENCY AUTHORITY.— 

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

17 agency has the authority to— 

18 ‘‘(I) obtain information necessary 

19 to determine whether the owner or op20 erator of a structure is in compliance 

21 with the requirements of this sub22 section; 

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1 tures are in compliance with the re2 quirements of this subsection; and 

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

4 any site or premise subject to the coal 

5 combustion residuals permit program 

6 for the purpose of inspecting structures 

7 and reviewing records relevant to the 

8 design, operation, and maintenance of 

9 structures. 

10 ‘‘(ii) MONITORING AND TESTING.—If 

11 monitoring or testing is conducted under 

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

13 agency, the implementing agency shall, if 

14 requested, provide to the owner or oper15 ator— 

16 ‘‘(I) a written description of the 

17 monitoring or testing completed; 

18 ‘‘(II) at the time of sampling, a 

19 portion of each sample equal in volume 

20 or weight to the portion retained by or 

21 for the implementing agency; and 

22 ‘‘(III) a copy of the results of any 

23 analysis of samples collected by or for 

24 the implementing agency. 


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1 ‘‘(2) REVISED CRITERIA.—The subset of the re2 vised criteria referred to in paragraph (1)(A)(i) are 

3 as follows: 

4 ‘‘(A) DESIGN REQUIREMENTS.—For new 

5 structures, and lateral expansions of existing 

6 structures, that first receive coal combustion re7 siduals on or after the date of enactment of this 

8 section, the revised criteria regarding design re9 quirements described in section 258.40 of title 

10 40, Code of Federal Regulations, except that the 

11 leachate collection system requirements described 

12 in section 258.40(a)(2) of title 40, Code of Fed13 eral Regulations, do not apply to structures that 

14 are surface impoundments. 

15 ‘‘(B) GROUNDWATER MONITORING AND COR16 RECTIVE ACTION.—For all structures that receive 

17 coal combustion residuals on or after the date of 

18 enactment of this section, the revised criteria re19 garding groundwater monitoring and corrective 

20 action requirements described in subpart E of 

21 part 258 of title 40, Code of Federal Regulations, 

22 except that, for the purposes of this subpara23 graph, the revised criteria shall also include— 

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1 ductivity, fluoride, mercury, pH, sulfate, 

2 sulfide, and total dissolved solids; and 

3 ‘‘(ii) for the purposes of assessment 

4 monitoring, establishing a groundwater pro5 tection standard, and assessment of correc6 tive measures, the constituents aluminum, 

7 boron, chloride, fluoride, iron, manganese, 

8 molybdenum, pH, sulfate, and total dis9 solved solids. 

10 ‘‘(C) CLOSURE.—For all structures that re11 ceive coal combustion residuals on or after the 

12 date of enactment of this section, in a manner 

13 consistent with paragraph (5), the revised cri14 teria for closure described in subsections (a) 

15 through (c) and (h) through (j) of section 258.60 

16 of title 40, Code of Federal Regulations. 

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

18 that receive coal combustion residuals on or after 

19 the date of enactment of this section, the revised 

20 criteria for post-closure care described in section 

21 258.61 of title 40, Code of Federal Regulations, 

22 except for the requirement described in subsection 

23 (a)(4) of that section. 


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1 ‘‘(E) LOCATION RESTRICTIONS.—The re2 vised criteria for location restrictions described 

3 in— 

4 ‘‘(i) for new structures, and lateral ex5 pansions of existing structures, that first re6 ceive coal combustion residuals on or after 

7 the date of enactment of this section, sec8 tions 258.11 through 258.15 of title 40, 

9 Code of Federal Regulations; and 

10 ‘‘(ii) for existing structures that receive 

11 coal combustion residuals on or after the 

12 date of enactment of this section, sections 

13 258.11 and 258.15 of title 40, Code of Fed14 eral Regulations. 

15 ‘‘(F) AIR QUALITY.—For all structures that 

16 receive coal combustion residuals on or after the 

17 date of enactment of this section, the revised cri18 teria for air quality described in section 258.24 

19 of title 40, Code of Federal Regulations. 

20 ‘‘(G) FINANCIAL ASSURANCE.—For all 

21 structures that receive coal combustion residuals 

22 on or after the date of enactment of this section, 

23 the revised criteria for financial assurance de24 scribed in subpart G of part 258 of title 40, Code 

25 of Federal Regulations. 


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

2 that receive coal combustion residuals on or after 

3 the date of enactment of this section, the revised 

4 criteria for surface water described in section 

5 258.27 of title 40, Code of Federal Regulations. 

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

7 that receive coal combustion residuals on or after 

8 the date of enactment of this section, the revised 

9 criteria for recordkeeping described in section 

10 258.29 of title 40, Code of Federal Regulations. 

11 ‘‘(J) RUN-ON AND RUN-OFF CONTROL SYS12 TEMS FOR LAND-BASED UNITS.—For all landfills 

13 and other land-based units, other than surface 

14 impoundments, that receive coal combustion re15 siduals on or after the date of enactment of this 

16 section, the revised criteria for run-on and run17 off control systems described in section 258.26 of 

18 title 40, Code of Federal Regulations. 

19 ‘‘(K) RUN-OFF CONTROL SYSTEMS FOR SUR20 FACE IMPOUNDMENTS.—For all surface im21 poundments that receive coal combustion residu22 als on or after the date of enactment of this sec23 tion, the revised criteria for run-off control sys24 tems described in section 258.26(a)(2) of title 40, 

25 Code of Federal Regulations. 


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1 ‘‘(3) PERMIT PROGRAM IMPLEMENTATION FOR

2 EXISTING STRUCTURES.— 

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

4 date on which a State submits a certification 

5 under subsection (b)(2), not later than 30 months 

6 after the Administrator receives notice under 

7 subsection (e)(1)(A), or not later than 36 months 

8 after the date of enactment of this section with 

9 respect to a coal combustion residuals permit 

10 program that is being implemented by the Ad11 ministrator under subsection (e)(3), as applica12 ble, the implementing agency shall notify owners 

13 or operators of structures that are receiving coal 

14 combustion residuals as of the date of enactment 

15 of this section within the State of— 

16 ‘‘(i) the obligation to apply for and ob17 tain a permit under subparagraph (C); and 

18 ‘‘(ii) the requirements referred to in 

19 subparagraph (B). 

20 ‘‘(B) COMPLIANCE WITH CERTAIN REQUIRE21 MENTS.—Not later than 12 months after the date 

22 on which a State submits a certification under 

23 subsection (b)(2), not later than 42 months after 

24 the Administrator receives notice under sub25 section (e)(1)(A), or not later than 48 months 


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1 after the date of enactment of this section with 

2 respect to a coal combustion residuals permit 

3 program that is being implemented by the Ad4 ministrator under subsection (e)(3), as applica5 ble, the implementing agency shall require own6 ers or operators of structures that are receiving 

7 coal combustion residuals as of the date of enact8 ment of this section to comply with— 

9 ‘‘(i) the requirements under para10 graphs (1)(B)(ii) and (iii), (1)(D), (2)(B), 

11 (2)(F), (2)(H), (2)(J), and (2)(K); and 

12 ‘‘(ii) the groundwater recordkeeping re13 quirement described in section 258.29(a)(5) 

14 of title 40, Code of Federal Regulations. 

15 ‘‘(C) PERMITS.— 

16 ‘‘(i) PERMIT DEADLINE.—Not later 

17 than 48 months after the date on which a 

18 State submits a certification under sub19 section (b)(2), not later than 78 months 

20 after the Administrator receives notice 

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

22 84 months after the date of enactment of 

23 this section with respect to a coal combus24 tion residuals permit program that is being 

25 implemented by the Administrator under 


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1 subsection (e)(3), as applicable, the imple2 menting agency shall issue, with respect to 

3 a structure that is receiving coal combustion 

4 residuals as of the date of enactment of this 

5 section, a final permit incorporating the re6 quirements of the coal combustion residuals 

7 permit program, or a final denial for an 

8 application submitted requesting such a 

9 permit. 

10 ‘‘(ii) APPLICATION DEADLINE.—The 

11 implementing agency shall identify, in col12 laboration with the owner or operator of a 

13 structure described in clause (i), a reason14 able deadline by which the owner or oper15 ator shall submit a permit application 

16 under such clause. 

17 ‘‘(D) INTERIM OPERATION.— 

18 ‘‘(i) PRIOR TO DEADLINES.—With re19 spect to any period of time on or after the 

20 date of enactment of this section but prior 

21 to the applicable deadline in subparagraph 

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

23 that is receiving coal combustion residuals 

24 as of the date of enactment of this section 

25 may continue to operate such structure 


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1 until such applicable deadline under the ap2 plicable authority in effect. 

3 ‘‘(ii) PRIOR TO PERMIT.—Unless the 

4 implementing agency determines that the 

5 structure should close pursuant to para6 graph (5), if the owner or operator of a 

7 structure that is receiving coal combustion 

8 residuals as of the date of enactment of this 

9 section meets the requirements referred to in 

10 subparagraph (B) by the applicable dead11 line in such subparagraph, the owner or op12 erator may operate the structure until such 

13 time as the implementing agency issues, 

14 under subparagraph (C), a final permit in15 corporating the requirements of the coal 

16 combustion residuals permit program, or a 

17 final denial for an application submitted 

18 requesting such a permit. 

19 ‘‘(4) REQUIREMENTS FOR SURFACE IMPOUND20 MENTS THAT DO NOT MEET CERTAIN CRITERIA.— 

21 ‘‘(A) SURFACE IMPOUNDMENTS THAT RE22 QUIRE ASSESSMENT OF CORRECTIVE MEASURES

23 WITHIN 10 YEARS OF THE DATE OF ENACT24 MENT.— 


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

2 groundwater monitoring and corrective ac3 tion requirements described in paragraph 

4 (2)(B), the implementing agency shall re5 quire a surface impoundment that receives 

6 coal combustion residuals on or after the 

7 date of enactment of this section to comply 

8 with the requirements in clause (ii) of this 

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

10 subparagraph (D) if the surface impound11 ment— 

12 ‘‘(I) does not— 

13 ‘‘(aa) have a liner system de14 scribed in section 258.40(b) of 

15 title 40, Code of Federal Regula16 tions; and 

17 ‘‘(bb) meet the design criteria 

18 described in section 258.40(a)(1) 

19 of title 40, Code of Federal Regu20 lations; and 

21 ‘‘(II) within 10 years after the 

22 date of enactment of this section, is re23 quired under section 258.56(a) of title 

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1 ures for any constituent covered under 

2 subpart E of part 258 of title 40, Code 

3 of Federal Regulations, or otherwise 

4 identified in paragraph (2)(B)(ii) of 

5 this subsection, for which assessment 

6 groundwater monitoring is required. 

7 ‘‘(ii) DEADLINE TO MEET GROUND8 WATER PROTECTION STANDARD.—Except as 

9 provided in subparagraph (C), the imple10 menting agency shall require that the 

11 groundwater protection standard, for sur12 face impoundments identified in clause (i) 

13 of this subparagraph, established by the im14 plementing agency under section 258.55(h) 

15 or 258.55(i) of title 40, Code of Federal 

16 Regulations, for any constituent for which 

17 corrective measures are required shall be 

18 met— 

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

20 relevant point of compliance, as de21 scribed in section 258.40(d) of title 40, 

22 Code of Federal Regulations; and 

23 ‘‘(II) not later than 10 years after 

24 the date of enactment of this section. 


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1 ‘‘(B) SURFACE IMPOUNDMENTS SUBJECT TO

2 A STATE CORRECTIVE ACTION REQUIREMENT AS

3 OF THE DATE OF ENACTMENT.— 

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

5 groundwater monitoring and corrective ac6 tion requirements described in paragraph 

7 (2)(B), the implementing agency shall re8 quire a surface impoundment that receives 

9 coal combustion residuals on or after the 

10 date of enactment of this section to comply 

11 with the requirements in clause (ii) of this 

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

13 subparagraph (D) if the surface impound14 ment— 

15 ‘‘(I) does not— 

16 ‘‘(aa) have a liner system de17 scribed in section 258.40(b) of 

18 title 40, Code of Federal Regula19 tions; and 

20 ‘‘(bb) meet the design criteria 

21 described in section 258.40(a)(1) 

22 of title 40, Code of Federal Regu23 lations; and 


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1 ‘‘(II) as of the date of enactment 

2 of this section, is subject to a State cor3 rective action requirement. 

4 ‘‘(ii) DEADLINE TO MEET GROUND5 WATER PROTECTION STANDARD.—Except as 

6 provided in subparagraph (C), the imple7 menting agency shall require that the 

8 groundwater protection standard, for sur9 face impoundments identified in clause (i) 

10 of this subparagraph, established by the im11 plementing agency under section 258.55(h) 

12 or 258.55(i) of title 40, Code of Federal 

13 Regulations, for any constituent for which 

14 corrective measures are required shall be 

15 met— 

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

17 relevant point of compliance, as de18 scribed in section 258.40(d) of title 40, 

19 Code of Federal Regulations; and 

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

21 the date of enactment of this section. 

22 ‘‘(C) EXTENSION OF DEADLINE.— 

23 ‘‘(i) IN GENERAL.—Except as provided 

24 in clause (ii) of this subparagraph, the 

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1 tion standard under subparagraph (A)(ii) 

2 or (B)(ii) may be extended by the imple3 menting agency, after opportunity for pub4 lic notice and comment under the public 

5 participation process described in subsection 

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

7 based on— 

8 ‘‘(I) the effectiveness of any in9 terim measures implemented by the 

10 owner or operator of the facility under 

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

12 Federal Regulations; 

13 ‘‘(II) the level of progress dem14 onstrated in meeting the groundwater 

15 protection standard; 

16 ‘‘(III) the potential for other ad17 verse human health or environmental 

18 exposures attributable to the contami19 nation from the surface impoundment 

20 undergoing corrective action; and 

21 ‘‘(IV) the lack of available alter22 native management capacity for the 

23 coal combustion residuals and related 

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1 poundment is located if the owner or 

2 operator has used best efforts, as nec3 essary, to design, obtain any necessary 

4 permits, finance, construct, and render 

5 operational the alternative manage6 ment capacity during the time period 

7 for meeting a groundwater protection 

8 standard in subparagraph (A)(ii) or 

9 (B)(ii). 

10 ‘‘(ii) EXCEPTION.—The deadline under 

11 subparagraph (A)(ii) or (B)(ii) shall not be 

12 extended if there has been contamination of 

13 public or private drinking water systems 

14 attributable to a surface impoundment un15 dergoing corrective action, unless the con16 tamination has been addressed by providing 

17 a permanent replacement water system. 

18 ‘‘(D) ADDITIONAL REQUIREMENTS.— 

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

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

21 satisfied, the surface impoundment shall 

22 cease receiving coal combustion residuals 

23 and initiate closure under paragraph (5). 

24 ‘‘(ii) INTERIM MEASURES.— 


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1 ‘‘(I) IN GENERAL.—Except as pro2 vided in subclause (II), not later than 

3 90 days after the date on which the as4 sessment of corrective measures is initi5 ated, the owner or operator of a surface 

6 impoundment described in subpara7 graph (A) or (B) shall implement in8 terim measures, as necessary, under 

9 the factors in section 258.58(a)(3) of 

10 title 40, Code of Federal Regulations. 

11 ‘‘(II) IMPOUNDMENTS SUBJECT TO

12 STATE CORRECTIVE ACTION REQUIRE13 MENT AS OF THE DATE OF ENACT14 MENT.—Subclause (I) shall only apply 

15 to surface impoundments subject to a 

16 State corrective action requirement as 

17 of the date of enactment of this section 

18 if the owner or operator has not imple19 mented interim measures, as necessary, 

20 under the factors in section 

21 258.58(a)(3) of title 40, Code of Fed22 eral Regulations. 

23 ‘‘(E) SURFACE IMPOUNDMENTS THAT RE24 QUIRE ASSESSMENT OF CORRECTIVE MEASURES


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1 MORE THAN 10 YEARS AFTER DATE OF ENACT2 MENT.— 

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

4 groundwater monitoring and corrective ac5 tion requirements described in paragraph 

6 (2)(B), the implementing agency shall re7 quire a surface impoundment that receives 

8 coal combustion residuals on or after the 

9 date of enactment of this section to comply 

10 with the requirements in clause (ii) if the 

11 surface impoundment— 

12 ‘‘(I) does not— 

13 ‘‘(aa) have a liner system de14 scribed in section 258.40(b) of 

15 title 40, Code of Federal Regula16 tions; and 

17 ‘‘(bb) meet the design criteria 

18 described in section 258.40(a)(1) 

19 of title 40, Code of Federal Regu20 lations; and 

21 ‘‘(II) more than 10 years after the 

22 date of enactment of this section, is re23 quired under section 258.56(a) title 40, 

24 Code of Federal Regulations, to under25 go an assessment of corrective measures 


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1 for any constituent covered under sub2 part E of part 258 of title 40, Code of 

3 Federal Regulations, or otherwise iden4 tified in paragraph (2)(B)(ii) of this 

5 subsection, for which assessment 

6 groundwater monitoring is required. 

7 ‘‘(ii) REQUIREMENTS.— 

8 ‘‘(I) CLOSURE.—The surface im9 poundments identified in clause (i) 

10 shall cease receiving coal combustion 

11 residuals and initiate closure in ac12 cordance with paragraph (5) after al13 ternative management capacity at the 

14 facility is available for the coal com15 bustion residuals and related materials 

16 managed in the impoundment. 

17 ‘‘(II) BEST EFFORTS.—The alter18 native management capacity shall be 

19 developed as soon as practicable with 

20 the owner or operator using best efforts 

21 to design, obtain necessary permits for, 

22 finance, construct, and render oper23 ational the alternative management ca24 pacity. 


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1 ‘‘(III) ALTERNATIVE CAPACITY

2 MANAGEMENT PLAN.—The owner or op3 erator shall, in collaboration with the 

4 implementing agency, prepare a writ5 ten plan that describes the steps nec6 essary to develop the alternative man7 agement capacity and includes a 

8 schedule for completion. 

9 ‘‘(IV) PUBLIC PARTICIPATION.— 

10 The plan described in subclause (III) 

11 shall be subject to public notice and 

12 comment under the public participa13 tion process described in subsection 

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

15 (e)(6), as applicable. 

16 ‘‘(5) CLOSURE.— 

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

18 the implementing agency that a structure should 

19 close because the requirements of a coal combus20 tion residuals permit program are not being sat21 isfied with respect to such structure, or if it is 

22 determined by the owner or operator that a 

23 structure should close, the time period and meth24 od for the closure of such structure shall be set 

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1 line for completion of closure as soon as prac2 ticable and that takes into account the nature 

3 and the site-specific characteristics of the struc4 ture to be closed. 

5 ‘‘(B) SURFACE IMPOUNDMENT.—In the case 

6 of a surface impoundment, the closure plan 

7 under subparagraph (A) shall require, at a min8 imum, the removal of liquid and the stabiliza9 tion of remaining waste, as necessary to support 

10 the final cover. 

11 ‘‘(d) FEDERAL REVIEW OF STATE PERMIT PRO12 GRAMS.— 

13 ‘‘(1) IN GENERAL.—The Administrator shall pro14 vide to a State written notice and an opportunity to 

15 remedy deficiencies in accordance with paragraph (3) 

16 if at any time the State— 

17 ‘‘(A) does not satisfy the notification re18 quirement under subsection (b)(1); 

19 ‘‘(B) has not submitted a certification re20 quired under subsection (b)(2); 

21 ‘‘(C) does not satisfy the maintenance re22 quirement under subsection (b)(3); 

23 ‘‘(D) is not implementing a coal combustion 

24 residuals permit program, with respect to which 

25 the State has submitted a certification under 


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1 subsection (b)(2), that meets the requirements de2 scribed in subsection (c); 

3 ‘‘(E) is not implementing a coal combustion 

4 residuals permit program, with respect to which 

5 the State has submitted a certification under 

6 subsection (b)(2)— 

7 ‘‘(i) that is consistent with such certifi8 cation; and 

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

10 have in effect statutes or regulations nec11 essary to implement such program; or 

12 ‘‘(F) does not make available to the Admin13 istrator, within 90 days of a written request, 

14 specific information necessary for the Adminis15 trator to ascertain whether the State has satis16 fied the requirements described in subparagraphs 

17 (A) through (E). 

18 ‘‘(2) REQUEST.—If a request described in para19 graph (1)(F) is proposed pursuant to a petition to the 

20 Administrator, the Administrator shall only make the 

21 request if the Administrator does not possess the in22 formation necessary to ascertain whether the State 

23 has satisfied the requirements described in subpara24 graphs (A) through (E) of such paragraph. 


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1 ‘‘(3) CONTENTS OF NOTICE; DEADLINE FOR RE2 SPONSE.—A notice provided under paragraph (1) 

3 shall— 

4 ‘‘(A) include findings of the Administrator 

5 detailing any applicable deficiencies described in 

6 subparagraphs (A) through (F) of paragraph (1); 

7 and 

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

9 State, a reasonable deadline by which the State 

10 shall remedy such applicable deficiencies, which 

11 shall be— 

12 ‘‘(i) in the case of a deficiency de13 scribed in subparagraphs (A) through (E) of 

14 paragraph (1), not earlier than 180 days 

15 after the date on which the State receives 

16 the notice; and 

17 ‘‘(ii) in the case of a deficiency de18 scribed in paragraph (1)(F), not later than 

19 90 days after the date on which the State 

20 receives the notice. 

21 ‘‘(4) CRITERIA FOR DETERMINING DEFICIENCY

22 OF STATE PERMIT PROGRAM.—In making a deter23 mination whether a State has failed to satisfy the re24 quirements described in subparagraphs (A) through 

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1 section (e)(1)(B), the Administrator shall consider, as 

2 appropriate— 

3 ‘‘(A) whether the State’s statutes or regula4 tions to implement a coal combustion residuals 

5 permit program are not sufficient to meet the re6 quirements described in subsection (c) because 

7 of— 

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

9 or enact new statutes or regulations when 

10 necessary; or 

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

12 court striking down or limiting such State 

13 statutes or regulations; 

14 ‘‘(B) whether the operation of the State coal 

15 combustion residuals permit program fails to 

16 comply with the requirements of subsection (c) 

17 because of— 

18 ‘‘(i) failure of the State to issue per19 mits as required in subsection (c)(1)(E); 

20 ‘‘(ii) repeated issuance of permits by 

21 the State which do not meet the require22 ments of subsection (c); 

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

24 with the public participation requirements 

25 of this section; or 


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

2 corrective action requirements as described 

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

4 ‘‘(C) whether the enforcement of a State coal 

5 combustion residuals permit program fails to 

6 comply with the requirements of this section be7 cause of— 

8 ‘‘(i) failure to act on violations of per9 mits, as identified by the State; or 

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

11 inspect or otherwise determine compliance 

12 pursuant to the process identified in sub13 section (b)(2)(B)(iii)(I). 

14 ‘‘(e) IMPLEMENTATION BY ADMINISTRATOR.— 

15 ‘‘(1) FEDERAL BACKSTOP AUTHORITY.—The Ad16 ministrator shall implement a coal combustion re17 siduals permit program for a State only if— 

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

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

20 State will not adopt and implement a permit 

21 program; 

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

23 subsection (d) and the Administrator determines, 

24 after providing a 30-day period for notice and 

25 public comment, that the State has failed, by the 


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1 deadline identified in the notice under subsection 

2 (d)(3)(B), to remedy the deficiencies detailed in 

3 the notice under subsection (d)(3)(A); or 

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

5 in writing, that such State will no longer imple6 ment such a permit program. 

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

8 a determination by the Administrator under this sub9 section as if the determination was a final regulation 

10 for purposes of section 7006. 

11 ‘‘(3) OTHER STRUCTURES.—For structures that 

12 receive coal combustion residuals on or after the date 

13 of enactment of this section located on property with14 in the exterior boundaries of a State that the State 

15 does not have authority or jurisdiction to regulate, the 

16 Administrator shall implement a coal combustion re17 siduals permit program only for those structures. 

18 ‘‘(4) REQUIREMENTS.—If the Administrator im19 plements a coal combustion residuals permit program 

20 for a State under paragraph (1) or (3), the permit 

21 program shall consist of the requirements described in 

22 subsection (c). 

23 ‘‘(5) ENFORCEMENT.— 


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

2 implements a coal combustion residuals permit 

3 program for a State under paragraph (1)— 

4 ‘‘(i) the authorities referred to in sec5 tion 4005(c)(2)(A) shall apply with respect 

6 to coal combustion residuals and structures 

7 for which the Administrator is imple8 menting the coal combustion residuals per9 mit program; and 

10 ‘‘(ii) the Administrator may use those 

11 authorities to inspect, gather information, 

12 and enforce the requirements of this section 

13 in the State. 

14 ‘‘(B) OTHER STRUCTURES.—If the Admin15 istrator implements a coal combustion residuals 

16 permit program under paragraph (3)— 

17 ‘‘(i) the authorities referred to in sec18 tion 4005(c)(2)(A) shall apply with respect 

19 to coal combustion residuals and structures 

20 for which the Administrator is imple21 menting the coal combustion residuals per22 mit program; and 

23 ‘‘(ii) the Administrator may use those 

24 authorities to inspect, gather information, 

25 and enforce the requirements of this section 


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1 for the structures for which the Adminis2 trator is implementing the coal combustion 

3 residuals permit program. 

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

5 Administrator implements a coal combustion residu6 als permit program for a State under this subsection, 

7 the Administrator shall provide a 30-day period for 

8 the public participation process required in para9 graphs (1)(F)(i), (4)(C)(i), and (4)(E)(ii)(IV) of sub10 section (c). 

11 ‘‘(f) STATE CONTROL AFTER IMPLEMENTATION BY AD12 MINISTRATOR.— 

13 ‘‘(1) STATE CONTROL.— 

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

15 AND IMPLEMENTATION BY STATE.—For a State 

16 for which the Administrator is implementing a 

17 coal combustion residuals permit program under 

18 subsection (e)(1)(A), or subsection (e)(1)(C), the 

19 State may adopt and implement such a permit 

20 program by— 

21 ‘‘(i) notifying the Administrator that 

22 the State will adopt and implement such a 

23 permit program; 

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

25 date of such notification, submitting to the 


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1 Administrator a certification under sub2 section (b)(2); and 

3 ‘‘(iii) receiving from the Adminis4 trator— 

5 ‘‘(I) a determination, after pro6 viding a 30-day period for notice and 

7 public comment, that the State coal 

8 combustion residuals permit program 

9 meets the requirements described in 

10 subsection (c); and 

11 ‘‘(II) a timeline for transition of 

12 control of the coal combustion residuals 

13 permit program. 

14 ‘‘(B) REMEDYING DEFICIENT PERMIT PRO15 GRAM.—For a State for which the Administrator 

16 is implementing a coal combustion residuals per17 mit program under subsection (e)(1)(B), the 

18 State may adopt and implement such a permit 

19 program by— 

20 ‘‘(i) remedying only the deficiencies de21 tailed in the notice pursuant to subsection 

22 (d)(3)(A); and 

23 ‘‘(ii) receiving from the Adminis24 trator— 


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1 ‘‘(I) a determination, after pro2 viding a 30-day period for notice and 

3 public comment, that the deficiencies 

4 detailed in such notice have been rem5 edied; and 

6 ‘‘(II) a timeline for transition of 

7 control of the coal combustion residuals 

8 permit program. 

9 ‘‘(2) REVIEW OF DETERMINATION.— 

10 ‘‘(A) DETERMINATION REQUIRED.—The Ad11 ministrator shall make a determination under 

12 paragraph (1) not later than 90 days after the 

13 date on which the State submits a certification 

14 under paragraph (1)(A)(ii), or notifies the Ad15 ministrator that the deficiencies have been rem16 edied pursuant to paragraph (1)(B)(i), as appli17 cable. 

18 ‘‘(B) REVIEW.—A State may obtain a re19 view of a determination by the Administrator 

20 under paragraph (1) as if such determination 

21 was a final regulation for purposes of section 

22 7006. 

23 ‘‘(3) IMPLEMENTATION DURING TRANSITION.— 

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

25 Program requirements of, and actions taken or 


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1 orders issued pursuant to, a coal combustion re2 siduals permit program shall remain in effect 

3 if— 

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

5 combustion residuals permit program from 

6 the Administrator under paragraph (1); or 

7 ‘‘(ii) the Administrator takes control of 

8 a coal combustion residuals permit program 

9 from a State under subsection (e). 

10 ‘‘(B) CHANGE IN REQUIREMENTS.—Sub11 paragraph (A) shall apply to such program re12 quirements, actions, and orders until such time 

13 as— 

14 ‘‘(i) the implementing agency changes 

15 the requirements of the coal combustion re16 siduals permit program with respect to the 

17 basis for the action or order; or 

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

19 whichever took the action or issued the 

20 order, certifies the completion of a corrective 

21 action that is the subject of the action or 

22 order. 

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

24 adopts and implements a coal combustion residuals 

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1 trator shall cease to implement the permit program 

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

3 ‘‘(g) EFFECT ON DETERMINATION UNDER 4005(c) OR

4 3006.—The Administrator shall not consider the implemen5 tation of a coal combustion residuals permit program by 

6 the Administrator under subsection (e) in making a deter7 mination of approval for a permit program or other system 

8 of prior approval and conditions under section 4005(c) or 

9 of authorization for a program under section 3006. 

10 ‘‘(h) AUTHORITY.— 

11 ‘‘(1) STATE AUTHORITY.—Nothing in this section 

12 shall preclude or deny any right of any State to 

13 adopt or enforce any regulation or requirement re14 specting coal combustion residuals that is more strin15 gent or broader in scope than a regulation or require16 ment under this section. 

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

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

19 subsections (d) and (e) and section 6005, the Ad20 ministrator shall, with respect to the regulation 

21 of coal combustion residuals, defer to the States 

22 pursuant to this section. 

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

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1 ity of the Administrator under section 7003 with 

2 respect to coal combustion residuals. 

3 ‘‘(C) ENFORCEMENT ASSISTANCE ONLY

4 UPON REQUEST.—Upon request from the head of 

5 a lead State agency that is implementing a coal 

6 combustion residuals permit program, the Ad7 ministrator may provide to such State agency 

8 only the enforcement assistance requested. 

9 ‘‘(D) CONCURRENT ENFORCEMENT.—Except 

10 as provided in subparagraph (C), the Adminis11 trator shall not have concurrent enforcement au12 thority when a State is implementing a coal 

13 combustion residuals permit program, including 

14 during any period of interim operation described 

15 in subsection (c)(3)(D). 

16 ‘‘(E) OTHER AUTHORITY.—The Adminis17 trator shall not have authority to finalize the 

18 proposed rule published at pages 35128 through 

19 35264 of volume 75 of the Federal Register (June 

20 21, 2010). 

21 ‘‘(F) OTHER RESPONSE AUTHORITY.—Noth22 ing in this section shall be construed as affecting 

23 the authority of the Administrator under the 

24 Comprehensive Environmental Response, Com25 pensation, and Liability Act of 1980 (42 U.S.C. 


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1 9601 et seq.) with respect to coal combustion re2 siduals. 

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

4 shall be construed to affect the authority of a person 

5 to commence a civil action in accordance with section 

6 7002. 

7 ‘‘(i) MINE RECLAMATION ACTIVITIES.—A coal combus8 tion residuals permit program implemented by the Admin9 istrator under subsection (e) shall not apply to the utiliza10 tion, placement, and storage of coal combustion residuals 

11 at surface mining and reclamation operations. 

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

13 ‘‘(1) COAL COMBUSTION RESIDUALS.—The term 

14 ‘coal combustion residuals’ means— 

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

16 3001(b)(3)(A)(i), including recoverable materials 

17 from such wastes; 

18 ‘‘(B) coal combustion wastes that are co19 managed with wastes produced in conjunction 

20 with the combustion of coal, provided that such 

21 wastes are not segregated and disposed of sepa22 rately from the coal combustion wastes and com23 prise a relatively small proportion of the total 

24 wastes being disposed in the structure; 

25 ‘‘(C) fluidized bed combustion wastes; 


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

2 with non-hazardous secondary materials, pro3 vided that coal makes up at least 50 percent of 

4 the total fuel burned; and 

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

6 with materials described in subparagraph (A) 

7 that are recovered from monofills. 

8 ‘‘(2) COAL COMBUSTION RESIDUALS PERMIT PRO9 GRAM.—The term ‘coal combustion residuals permit 

10 program’ means all of the authorities, activities, and 

11 procedures that comprise the system of prior approval 

12 and conditions implemented by or for a State to regu13 late the management and disposal of coal combustion 

14 residuals. 

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

16 term ‘Code of Federal Regulations’ means the Code of 

17 Federal Regulations (as in effect on the date of enact18 ment of this section) or any successor regulations. 

19 ‘‘(4) IMPLEMENTING AGENCY.—The term ‘imple20 menting agency’ means the agency responsible for im21 plementing a coal combustion residuals permit pro22 gram for a State, which shall either be the lead State 

23 implementing agency identified under subsection 

24 (b)(2)(B)(i) or the Administrator pursuant to sub25 section (e). 


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1 ‘‘(5) PERMIT; PRIOR APPROVAL AND CONDI2 TIONS.—Except as provided in subsections (b)(3) and 

3 (g), the terms ‘permit’ and ‘prior approval and condi4 tions’ mean any authorization, license, or equivalent 

5 control document that incorporates the requirements 

6 of subsection (c). 

7 ‘‘(6) REVISED CRITERIA.—The term ‘revised cri8 teria’ means the criteria promulgated for municipal 

9 solid waste landfill units under section 4004(a) and 

10 under section 1008(a)(3), as revised under section 

11 4010(c). 

12 ‘‘(7) STRUCTURE.— 

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

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

15 landfill, surface impoundment, or other land16 based unit which receives, or is intended to re17 ceive, coal combustion residuals. 

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

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

20 that receives only de minimis quantities of coal 

21 combustion residuals if the presence of coal com22 bustion residuals is incidental to the material 

23 managed in the unit.’’. 

24 (b) CONFORMING AMENDMENT.—The table of contents 

25 contained in section 1001 of the Solid Waste Disposal Act 


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1 is amended by inserting after the item relating to section 

2 4010 the following: 

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

3 SEC. 3. 2000 REGULATORY DETERMINATION. 

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

5 Act, shall be construed to alter in any manner the Environ6 mental Protection Agency’s regulatory determination enti7 tled ‘‘Notice of Regulatory Determination on Wastes From 

8 the Combustion of Fossil Fuels’’, published at 65 Fed. Reg. 

9 32214 (May 22, 2000), that the fossil fuel combustion wastes 

10 addressed in that determination do not warrant regulation 

11 under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 

12 6921 et seq.). 

13 SEC. 4. TECHNICAL ASSISTANCE. 

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

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

16 to request, or the Administrator of the Environmental Pro17 tection Agency to provide, technical assistance under the 

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

19 SEC. 5. FEDERAL POWER ACT. 

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

21 Act, shall be construed to affect the obligations of an owner 

22 or operator of a structure (as defined in section 4011 of 

23 the Solid Waste Disposal Act, as added by this Act) under 

24 section 215(b)(1) of the Federal Power Act (16 U.S.C. 

25 824o(b)(1)). 


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Union Calendar No. 107 

113TH CONGRESS 

1ST SESSION H. R. 2218 

[Report No. 113–148] 

A BILL 

To amend subtitle D of the Solid Waste Disposal 

of human health and the environment. of coal combustion residuals that are protective ments for the proper management and disposal coal combustion residuals and establish requireAct to encourage recovery and beneficial use of 

JULY 10, 2013 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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