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. 
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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, 

17 and enforce a coal combustion residuals permit program 

18 if such State provides the notification required under sub19 section (b)(1), and the certification required under sub20 section (b)(2). 

21 ‘‘(b) STATE ACTIONS.— 

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

23 after the date of enactment of this section (except 
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1 as provided by the deadline identified under sub2 section (d)(3)(B)), the Governor of each State shall 

3 notify the Administrator, in writing, whether such 

4 State will adopt and implement a coal combustion 

5 residuals permit program. 

6 ‘‘(2) CERTIFICATION.— 

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

8 months after the date of enactment of this sec9 tion (except as provided in subsection 

10 (f)(1)(A)), in the case of a State that has noti11 fied the Administrator that it will implement a 

12 coal combustion residuals permit program, the 

13 head of the lead State implementing agency 

14 shall submit to the Administrator a certification 

15 that such coal combustion residuals permit pro16 gram meets the requirements described in sub17 section (c). 

18 ‘‘(B) CONTENTS.—A certification sub19 mitted under this paragraph shall include— 

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

21 implementing agency, signed by the head 

22 of such agency; 

23 ‘‘(ii) identification of any other State 

24 agencies involved with the implementation 
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1 of the coal combustion residuals permit 

2 program; 

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

4 coal combustion residuals permit program 

5 meets the requirements of this section, in6 cluding a description of the State’s— 

7 ‘‘(I) process to inspect or other8 wise determine compliance with such 

9 permit program; 

10 ‘‘(II) process to enforce the re11 quirements of such permit program; 

12 ‘‘(III) public participation proc13 ess for the promulgation, amendment, 

14 or repeal of regulations for, and the 

15 issuance of permits under, such per16 mit program; 

17 ‘‘(IV) statutes, regulations, or 

18 policies pertaining to public access to 

19 information, such as groundwater 

20 monitoring data; and 

21 ‘‘(V) statutes, regulations, or 

22 policies pertaining to structural integ23 rity or dam safety that may be ap24 plied to structures through such per25 mit program; 
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1 ‘‘(iv) a certification that the State has 

2 in effect, at the time of certification, stat3 utes or regulations necessary to implement 

4 a coal combustion residuals permit pro5 gram that meets the requirements de6 scribed in subsection (c); 

7 ‘‘(v) copies of State statutes and regu8 lations described in clause (iv); and 

9 ‘‘(vi) an emergency action plan for 

10 State response to a leak or spill at a struc11 ture that receives coal combustion residu12 als. 

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

14 certification as needed to reflect changes to the 

15 coal combustion residuals permit program. 

16 ‘‘(3) MAINTENANCE OF 4005(c) OR 3006 PRO17 GRAM.—In order to adopt or implement a coal com18 bustion residuals permit program under this section 

19 (including pursuant to subsection (f)), the State im20 plementing agency shall maintain an approved per21 mit program or other system of prior approval and 

22 conditions under section 4005(c) or an authorized 

23 program under section 3006. 
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1 ‘‘(c) REQUIREMENTS FOR A COAL COMBUSTION RE2 SIDUALS PERMIT PROGRAM.—A coal combustion residuals 

3 permit program shall consist of the following: 

4 ‘‘(1) GENERAL REQUIREMENTS.— 

5 ‘‘(A) IN GENERAL.—The implementing 

6 agency shall— 

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

8 criteria described in paragraph (2) to own9 ers or operators of structures, including 

10 surface impoundments, that receive coal 

11 combustion residuals on or after the date 

12 of enactment of this section; 

13 ‘‘(ii) with respect to structures that 

14 are receiving coal combustion residuals as 

15 of the date of enactment of this section, 

16 take the actions required under paragraph 

17 (3); 

18 ‘‘(iii) impose requirements for surface 

19 impoundments that do not meet certain 

20 criteria pursuant to paragraph (4); and 

21 ‘‘(iv) require that closure of structures 

22 occur in accordance with paragraph (5). 

23 ‘‘(B) STRUCTURAL INTEGRITY.— 

24 ‘‘(i) ENGINEERING CERTIFICATION.— 

25 The implementing agency shall require 
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1 that an independent registered professional 

2 engineer certify that— 

3 ‘‘(I) the design of each structure 

4 that receives coal combustion residu5 als on or after the date of enactment 

6 of this section is in accordance with 

7 recognized and generally accepted 

8 good engineering practices for con9 tainment of the maximum volume of 

10 coal combustion residuals and liquids 

11 which can be impounded therein; and 

12 ‘‘(II) the construction and main13 tenance of the structure will ensure 

14 structural stability. 

15 ‘‘(ii) EMERGENCY ACTION PLAN.— 

16 The implementing agency shall require 

17 that the owner or operator of any structure 

18 that is a surface impoundment that re19 ceives coal combustion residuals on or after 

20 the date of enactment of this section and 

21 that is classified by the State as posing a 

22 high hazard potential pursuant to the 

23 guidelines published by the Federal Emer24 gency Management Agency entitled ‘Fed25 eral Guidelines for Dam Safety: Hazard 
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1 Potential Classification System for Dams’ 

2 (FEMA Publication Number 333) prepare 

3 and maintain an emergency action plan 

4 that identifies responsible persons and ac5 tions to be taken in the event of a dam 

6 safety emergency. 

7 ‘‘(iii) INSPECTION.— 

8 ‘‘(I) IN GENERAL.—The imple9 menting agency shall require that 

10 structures that are surface impound11 ments that receive coal combustion re12 siduals on or after the date of enact13 ment of this section be inspected not 

14 less than annually by an independent 

15 registered professional engineer to as16 sure that the design, operation, and 

17 maintenance of the surface impound18 ment is in accordance with recognized 

19 and generally accepted good engineer20 ing practices for containment of the 

21 maximum volume of coal combustion 

22 residuals and liquids which can be im23 pounded therein, so as to ensure dam 

24 stability. 
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1 ‘‘(II) POTENTIALLY HAZARDOUS

2 CONDITIONS.—The implementing 

3 agency shall require that if an inspec4 tion under subclause (I), or a periodic 

5 evaluation under clause (iv), reveals a 

6 potentially hazardous condition, the 

7 owner or operator of the structure 

8 shall immediately take action to miti9 gate the potentially hazardous condi10 tion and notify appropriate State and 

11 local first responders. 

12 ‘‘(iv) PERIODIC EVALUATION.—The 

13 implementing agency shall require that 

14 structures that are surface impoundments 

15 that receive coal combustion residuals on 

16 or after the date of enactment of this sec17 tion be periodically evaluated for appear18 ances of structural weakness. 

19 ‘‘(v) DEFICIENCY.— 

20 ‘‘(I) IN GENERAL.—If the head 

21 of the implementing agency deter22 mines that a structure is deficient 

23 with respect to the requirements in 

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

25 agency has the authority to require 
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1 action to correct the deficiency accord2 ing to a schedule determined by the 

3 agency. 

4 ‘‘(II) UNCORRECTED DEFI5 CIENCIES.—If a deficiency is not cor6 rected according to the schedule, the 

7 head of the implementing agency has 

8 the authority to require that the 

9 structure close in accordance with 

10 paragraph (5). 

11 ‘‘(III) DAM SAFETY CONSULTA12 TION.—In the case of a structure that 

13 is a surface impoundment, the head of 

14 the implementing agency shall, in 

15 making a determination under sub16 clause (I), consult with appropriate 

17 State dam safety officials. 

18 ‘‘(C) LOCATION.—The implementing agen19 cy shall require that structures that first receive 

20 coal combustion residuals on or after the date 

21 of enactment of this section shall be constructed 

22 with a base located a minimum of 2 feet above 

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

24 demonstrated to the satisfaction of the imple25 menting agency that— 
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1 ‘‘(i) the hydrogeologic characteristics 

2 of a structure and surrounding land would 

3 preclude such a requirement; and 

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

5 liner system will not be adversely impacted 

6 by contact with the water table. 

7 ‘‘(D) WIND DISPERSAL.— 

8 ‘‘(i) IN GENERAL.—The implementing 

9 agency shall require that owners or opera10 tors of structures that receive coal combus11 tion residuals on or after the date of enact12 ment of this section address wind dispersal 

13 of dust by requiring cover, or by wetting 

14 coal combustion residuals with water to a 

15 moisture content that prevents wind dis16 persal, facilitates compaction, and does not 

17 result in free liquids. 

18 ‘‘(ii) ALTERNATIVE METHODS.—Sub19 ject to the review and approval by the im20 plementing agency, owners or operators of 

21 structures that receive coal combustion re22 siduals on or after the date of enactment 

23 of this section may propose alternative 

24 methods to address wind dispersal of dust 
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1 that will provide comparable or more effec2 tive control of dust. 

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

4 shall require that owners or operators of struc5 tures that receive coal combustion residuals on 

6 or after the date of enactment of this section 

7 apply for and obtain permits incorporating the 

8 requirements of the coal combustion residuals 

9 permit program. 

10 ‘‘(F) PUBLIC AVAILABILITY OF INFORMA11 TION.—Except for information with respect to 

12 which disclosure is prohibited under section 

13 1905 of title 18, United States Code, the imple14 menting agency shall ensure that— 

15 ‘‘(i) documents for permit determina16 tions are made available for public review 

17 and comment under the public participa18 tion process described in subsection 

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

20 as applicable; 

21 ‘‘(ii) final determinations on permit 

22 applications are made known to the public; 

23 and 
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1 ‘‘(iii) groundwater monitoring data 

2 collected under paragraph (2) is publicly 

3 available. 

4 ‘‘(G) AGENCY AUTHORITY.— 

5 ‘‘(i) IN GENERAL.—The implementing 

6 agency has the authority to— 

7 ‘‘(I) obtain information necessary 

8 to determine whether the owner or op9 erator of a structure is in compliance 

10 with the requirements of this sub11 section; 

12 ‘‘(II) conduct or require moni13 toring and testing to ensure that 

14 structures are in compliance with the 

15 requirements of this subsection; and 

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

17 any site or premise subject to the coal 

18 combustion residuals permit program 

19 for the purpose of inspecting struc20 tures and reviewing records relevant 

21 to the design, operation, and mainte22 nance of structures. 

23 ‘‘(ii) MONITORING AND TESTING.—If 

24 monitoring or testing is conducted under 

25 clause (i)(II) by or for the implementing 
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1 agency, the implementing agency shall, if 

2 requested, provide to the owner or oper3 ator— 

4 ‘‘(I) a written description of the 

5 monitoring or testing completed; 

6 ‘‘(II) at the time of sampling, a 

7 portion of each sample equal in vol8 ume or weight to the portion retained 

9 by or for the implementing agency; 

10 and 

11 ‘‘(III) a copy of the results of 

12 any analysis of samples collected by or 

13 for the implementing agency. 

14 ‘‘(2) REVISED CRITERIA.—The subset of the re15 vised criteria referred to in paragraph (1)(A)(i) are 

16 as follows: 

17 ‘‘(A) DESIGN REQUIREMENTS.—For new 

18 structures, and lateral expansions of existing 

19 structures, that first receive coal combustion re20 siduals on or after the date of enactment of this 

21 section, the revised criteria regarding design re22 quirements described in section 258.40 of title 

23 40, Code of Federal Regulations, except that 

24 the leachate collection system requirements de25 scribed in section 258.40(a)(2) of title 40, Code 
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1 of Federal Regulations, do not apply to struc2 tures that are surface impoundments. 

3 ‘‘(B) GROUNDWATER MONITORING AND

4 CORRECTIVE ACTION.—For all structures that 

5 receive coal combustion residuals on or after the 

6 date of enactment of this section, the revised 

7 criteria regarding groundwater monitoring and 

8 corrective action requirements described in sub9 part E of part 258 of title 40, Code of Federal 

10 Regulations, except that, for the purposes of 

11 this subparagraph, the revised criteria shall also 

12 include— 

13 ‘‘(i) for the purposes of detection 

14 monitoring, the constituents boron, chlo15 ride, conductivity, fluoride, mercury, pH, 

16 sulfate, sulfide, and total dissolved solids; 

17 and 

18 ‘‘(ii) for the purposes of assessment 

19 monitoring, establishing a groundwater 

20 protection standard, and assessment of 

21 corrective measures, the constituents alu22 minum, boron, chloride, fluoride, iron, 

23 manganese, molybdenum, pH, sulfate, and 

24 total dissolved solids. 
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1 ‘‘(C) CLOSURE.—For all structures that 

2 receive coal combustion residuals on or after the 

3 date of enactment of this section, in a manner 

4 consistent with paragraph (5), the revised cri5 teria for closure described in subsections (a) 

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

7 258.60 of title 40, Code of Federal Regulations. 

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

9 that receive coal combustion residuals on or 

10 after the date of enactment of this section, the 

11 revised criteria for post-closure care described 

12 in section 258.61 of title 40, Code of Federal 

13 Regulations, except for the requirement de14 scribed in subsection (a)(4) of that section. 

15 ‘‘(E) LOCATION RESTRICTIONS.—The re16 vised criteria for location restrictions described 

17 in— 

18 ‘‘(i) for new structures, and lateral ex19 pansions of existing structures, that first 

20 receive coal combustion residuals on or 

21 after the date of enactment of this section, 

22 sections 258.11 through 258.15 of title 40, 

23 Code of Federal Regulations; and 

24 ‘‘(ii) for existing structures that re25 ceive coal combustion residuals on or after 
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1 the date of enactment of this section, sec2 tions 258.11 and 258.15 of title 40, Code 

3 of Federal Regulations. 

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

5 that receive coal combustion residuals on or 

6 after the date of enactment of this section, the 

7 revised criteria for air quality described in sec8 tion 258.24 of title 40, Code of Federal Regula9 tions. 

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

11 structures that receive coal combustion residu12 als on or after the date of enactment of this 

13 section, the revised criteria for financial assur14 ance described in subpart G of part 258 of title 

15 40, Code of Federal Regulations. 

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

17 that receive coal combustion residuals on or 

18 after the date of enactment of this section, the 

19 revised criteria for surface water described in 

20 section 258.27 of title 40, Code of Federal Reg21 ulations. 

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

23 that receive coal combustion residuals on or 

24 after the date of enactment of this section, the 

25 revised criteria for recordkeeping described in 
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1 section 258.29 of title 40, Code of Federal Reg2 ulations. 

3 ‘‘(J) RUN-ON AND RUN-OFF CONTROL SYS4 TEMS FOR LAND-BASED UNITS.—For all land5 fills and other land-based units, other than sur6 face impoundments, that receive coal combus7 tion residuals on or after the date of enactment 

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

9 and run-off control systems described in section 

10 258.26 of title 40, Code of Federal Regulations. 

11 ‘‘(K) RUN-OFF CONTROL SYSTEMS FOR

12 SURFACE IMPOUNDMENTS.—For all surface im13 poundments that receive coal combustion re14 siduals on or after the date of enactment of this 

15 section, the revised criteria for run-off control 

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

17 title 40, Code of Federal Regulations. 

18 ‘‘(3) PERMIT PROGRAM IMPLEMENTATION FOR

19 EXISTING STRUCTURES.— 

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

21 date on which a State submits a certification 

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

23 months after the Administrator receives notice 

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

25 months after the date of enactment of this sec-
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1 tion with respect to a coal combustion residuals 

2 permit program that is being implemented by 

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

4 applicable, the implementing agency shall notify 

5 owners or operators of structures that are re6 ceiving coal combustion residuals as of the date 

7 of enactment of this section within the State 

8 of— 

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

10 obtain a permit under subparagraph (C); 

11 and 

12 ‘‘(ii) the requirements referred to in 

13 subparagraph (B). 

14 ‘‘(B) COMPLIANCE WITH CERTAIN RE15 QUIREMENTS.—Not later than 12 months after 

16 the date on which a State submits a certifi17 cation under subsection (b)(2), not later than 

18 42 months after the Administrator receives no19 tice under subsection (e)(1)(A), or not later 

20 than 48 months after the date of enactment of 

21 this section with respect to a coal combustion 

22 residuals permit program that is being imple23 mented by the Administrator under subsection 

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

25 shall require owners or operators of structures 
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1 that are receiving coal combustion residuals as 

2 of the date of enactment of this section to com3 ply with— 

4 ‘‘(i) the requirements under para5 graphs (1)(B)(ii) and (iii), (1)(D), (2)(B), 

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

7 ‘‘(ii) the groundwater recordkeeping 

8 requirement described in section 

9 258.29(a)(5) of title 40, Code of Federal 

10 Regulations. 

11 ‘‘(C) PERMITS.— 

12 ‘‘(i) PERMIT DEADLINE.—Not later 

13 than 48 months after the date on which a 

14 State submits a certification under sub15 section (b)(2), not later than 78 months 

16 after the Administrator receives notice 

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

18 than 84 months after the date of enact19 ment of this section with respect to a coal 

20 combustion residuals permit program that 

21 is being implemented by the Administrator 

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

23 implementing agency shall issue, with re24 spect to a structure that is receiving coal 

25 combustion residuals as of the date of en-
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1 actment of this section, a final permit in2 corporating the requirements of the coal 

3 combustion residuals permit program, or a 

4 final denial for an application submitted 

5 requesting such a permit. 

6 ‘‘(ii) APPLICATION DEADLINE.—The 

7 implementing agency shall identify, in col8 laboration with the owner or operator of a 

9 structure described in clause (i), a reason10 able deadline by which the owner or oper11 ator shall submit a permit application 

12 under such clause. 

13 ‘‘(D) INTERIM OPERATION.— 

14 ‘‘(i) PRIOR TO DEADLINES.—With re15 spect to any period of time on or after the 

16 date of enactment of this section but prior 

17 to the applicable deadline in subparagraph 

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

19 that is receiving coal combustion residuals 

20 as of the date of enactment of this section 

21 may continue to operate such structure 

22 until such applicable deadline under the 

23 applicable authority in effect. 

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

25 implementing agency determines that the 
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1 structure should close pursuant to para2 graph (5), if the owner or operator of a 

3 structure that is receiving coal combustion 

4 residuals as of the date of enactment of 

5 this section meets the requirements re6 ferred to in subparagraph (B) by the appli7 cable deadline in such subparagraph, the 

8 owner or operator may operate the struc9 ture until such time as the implementing 

10 agency issues, under subparagraph (C), a 

11 final permit incorporating the requirements 

12 of the coal combustion residuals permit 

13 program, or a final denial for an applica14 tion submitted requesting such a permit. 

15 ‘‘(4) REQUIREMENTS FOR SURFACE IMPOUND16 MENTS THAT DO NOT MEET CERTAIN CRITERIA.— 

17 ‘‘(A) SURFACE IMPOUNDMENTS THAT RE18 QUIRE ASSESSMENT OF CORRECTIVE MEASURES

19 WITHIN 10 YEARS OF THE DATE OF ENACT20 MENT.— 

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

22 groundwater monitoring and corrective ac23 tion requirements described in paragraph 

24 (2)(B), the implementing agency shall re25 quire a surface impoundment that receives 
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1 coal combustion residuals on or after the 

2 date of enactment of this section to comply 

3 with the requirements in clause (ii) of this 

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

5 subparagraph (D) if the surface impound6 ment— 

7 ‘‘(I) does not— 

8 ‘‘(aa) have a liner system 

9 described in section 258.40(b) of 

10 title 40, Code of Federal Regula11 tions; and 

12 ‘‘(bb) meet the design cri13 teria described in section 

14 258.40(a)(1) of title 40, Code of 

15 Federal Regulations; and 

16 ‘‘(II) within 10 years after the 

17 date of enactment of this section, is 

18 required under section 258.56(a) of 

19 title 40, Code of Federal Regulations, 

20 to undergo an assessment of correc21 tive measures for any constituent cov22 ered under subpart E of part 258 of 

23 title 40, Code of Federal Regulations, 

24 or otherwise identified in paragraph 

25 (2)(B)(ii) of this subsection, for which 
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1 assessment groundwater monitoring is 

2 required. 

3 ‘‘(ii) DEADLINE TO MEET GROUND4 WATER PROTECTION STANDARD.—Except 

5 as provided in subparagraph (C), the im6 plementing agency shall require that the 

7 groundwater protection standard, for sur8 face impoundments identified in clause (i) 

9 of this subparagraph, established by the 

10 implementing agency under section 

11 258.55(h) or 258.55(i) of title 40, Code of 

12 Federal Regulations, for any constituent 

13 for which corrective measures are required 

14 shall be met— 

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

16 relevant point of compliance, as de17 scribed in section 258.40(d) of title 

18 40, Code of Federal Regulations; and 

19 ‘‘(II) not later than 10 years 

20 after the date of enactment of this 

21 section. 

22 ‘‘(B) SURFACE IMPOUNDMENTS SUBJECT

23 TO A STATE CORRECTIVE ACTION REQUIRE24 MENT AS OF THE DATE OF ENACTMENT.— 
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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 

14 described in section 258.40(b) of 

15 title 40, Code of Federal Regula16 tions; and 

17 ‘‘(bb) meet the design cri18 teria described in section 

19 258.40(a)(1) of title 40, Code of 

20 Federal Regulations; and 

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

22 of this section, is subject to a State 

23 corrective action requirement. 

24 ‘‘(ii) DEADLINE TO MEET GROUND25 WATER PROTECTION STANDARD.—Except 
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1 as provided in subparagraph (C), the im2 plementing agency shall require that the 

3 groundwater protection standard, for sur4 face impoundments identified in clause (i) 

5 of this subparagraph, established by the 

6 implementing agency under section 

7 258.55(h) or 258.55(i) of title 40, Code of 

8 Federal Regulations, for any constituent 

9 for which corrective measures are required 

10 shall be met— 

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

12 relevant point of compliance, as de13 scribed in section 258.40(d) of title 

14 40, Code of Federal Regulations; and 

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

16 the date of enactment of this section. 

17 ‘‘(C) EXTENSION OF DEADLINE.— 

18 ‘‘(i) IN GENERAL.—Except as pro19 vided in clause (ii) of this subparagraph, 

20 the deadline for meeting a groundwater 

21 protection standard under subparagraph 

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

23 implementing agency, after opportunity for 

24 public notice and comment under the pub25 lic participation process described in sub-
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1 section (b)(2)(B)(iii)(III), or in subsection 

2 (e)(6) based on— 

3 ‘‘(I) the effectiveness of any in4 terim measures implemented by the 

5 owner or operator of the facility under 

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

7 of Federal Regulations; 

8 ‘‘(II) the level of progress dem9 onstrated in meeting the groundwater 

10 protection standard; 

11 ‘‘(III) the potential for other ad12 verse human health or environmental 

13 exposures attributable to the contami14 nation from the surface impoundment 

15 undergoing corrective action; and 

16 ‘‘(IV) the lack of available alter17 native management capacity for the 

18 coal combustion residuals and related 

19 materials managed in the impound20 ment at the facility at which the im21 poundment is located if the owner or 

22 operator has used best efforts, as nec23 essary, to design, obtain any nec24 essary permits, finance, construct, and 

25 render operational the alternative 
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1 management capacity during the time 

2 period for meeting a groundwater pro3 tection standard in subparagraph 

4 (A)(ii) or (B)(ii). 

5 ‘‘(ii) EXCEPTION.—The deadline 

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

7 not be extended if there has been contami8 nation of public or private drinking water 

9 systems attributable to a surface impound10 ment undergoing corrective action, unless 

11 the contamination has been addressed by 

12 providing a permanent replacement water 

13 system. 

14 ‘‘(D) ADDITIONAL REQUIREMENTS.— 

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

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

17 satisfied, the surface impoundment shall 

18 cease receiving coal combustion residuals 

19 and initiate closure under paragraph (5). 

20 ‘‘(ii) INTERIM MEASURES.— 

21 ‘‘(I) IN GENERAL.—Except as 

22 provided in subclause (II), not later 

23 than 90 days after the date on which 

24 the assessment of corrective measures 

25 is initiated, the owner or operator of 
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1 a surface impoundment described in 

2 subparagraph (A) or (B) shall imple3 ment interim measures, as necessary, 

4 under the factors in section 

5 258.58(a)(3) of title 40, Code of Fed6 eral Regulations. 

7 ‘‘(II) IMPOUNDMENTS SUBJECT

8 TO STATE CORRECTIVE ACTION RE9 QUIREMENT AS OF THE DATE OF EN10 ACTMENT.—Subclause (I) shall only 

11 apply to surface impoundments sub12 ject to a State corrective action re13 quirement as of the date of enactment 

14 of this section if the owner or oper15 ator has not implemented interim 

16 measures, as necessary, under the fac17 tors in section 258.58(a)(3) of title 

18 40, Code of Federal Regulations. 

19 ‘‘(E) SURFACE IMPOUNDMENTS THAT RE20 QUIRE ASSESSMENT OF CORRECTIVE MEASURES

21 MORE THAN 10 YEARS AFTER DATE OF ENACT22 MENT.— 

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

24 groundwater monitoring and corrective ac25 tion requirements described in paragraph 
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1 (2)(B), the implementing agency shall re2 quire a surface impoundment that receives 

3 coal combustion residuals on or after the 

4 date of enactment of this section to comply 

5 with the requirements in clause (ii) if the 

6 surface impoundment— 

7 ‘‘(I) does not— 

8 ‘‘(aa) have a liner system 

9 described in section 258.40(b) of 

10 title 40, Code of Federal Regula11 tions; and 

12 ‘‘(bb) meet the design cri13 teria described in section 

14 258.40(a)(1) of title 40, Code of 

15 Federal Regulations; and 

16 ‘‘(II) more than 10 years after 

17 the date of enactment of this section, 

18 is required under section 258.56(a) 

19 title 40, Code of Federal Regulations, 

20 to undergo an assessment of correc21 tive measures for any constituent cov22 ered under subpart E of part 258 of 

23 title 40, Code of Federal Regulations, 

24 or otherwise identified in paragraph 

25 (2)(B)(ii) of this subsection, for which 
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1 assessment groundwater monitoring is 

2 required. 

3 ‘‘(ii) REQUIREMENTS.— 

4 ‘‘(I) CLOSURE.—The surface im5 poundments identified in clause (i) 

6 shall cease receiving coal combustion 

7 residuals and initiate closure in ac8 cordance with paragraph (5) after al9 ternative management capacity at the 

10 facility is available for the coal com11 bustion residuals and related mate12 rials managed in the impoundment. 

13 ‘‘(II) BEST EFFORTS.—The al14 ternative management capacity shall 

15 be developed as soon as practicable 

16 with the owner or operator using best 

17 efforts to design, obtain necessary 

18 permits for, finance, construct, and 

19 render operational the alternative 

20 management capacity. 

21 ‘‘(III) ALTERNATIVE CAPACITY

22 MANAGEMENT PLAN.—The owner or 

23 operator shall, in collaboration with 

24 the implementing agency, prepare a 

25 written plan that describes the steps 
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1 necessary to develop the alternative 

2 management capacity and includes a 

3 schedule for completion. 

4 ‘‘(IV) PUBLIC PARTICIPATION.— 

5 The plan described in subclause (III) 

6 shall be subject to public notice and 

7 comment under the public participa8 tion process described in subsection 

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

10 (e)(6), as applicable. 

11 ‘‘(5) CLOSURE.— 

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

13 the implementing agency that a structure 

14 should close because the requirements of a coal 

15 combustion residuals permit program are not 

16 being satisfied with respect to such structure, 

17 or if it is determined by the owner or operator 

18 that a structure should close, the time period 

19 and method for the closure of such structure 

20 shall be set forth in a closure plan that estab21 lishes a deadline for completion of closure as 

22 soon as practicable and that takes into account 

23 the nature and the site-specific characteristics 

24 of the structure to be closed. 
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1 ‘‘(B) SURFACE IMPOUNDMENT.—In the 

2 case of a surface impoundment, the closure plan 

3 under subparagraph (A) shall require, at a min4 imum, the removal of liquid and the stabiliza5 tion of remaining waste, as necessary to sup6 port the final cover. 

7 ‘‘(d) FEDERAL REVIEW OF STATE PERMIT PRO8 GRAMS.— 

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

10 provide to a State written notice and an opportunity 

11 to remedy deficiencies in accordance with paragraph 

12 (3) if at any time the State— 

13 ‘‘(A) does not satisfy the notification re14 quirement under subsection (b)(1); 

15 ‘‘(B) has not submitted a certification re16 quired under subsection (b)(2); 

17 ‘‘(C) does not satisfy the maintenance re18 quirement under subsection (b)(3); 

19 ‘‘(D) is not implementing a coal combus20 tion residuals permit program, with respect to 

21 which the State has submitted a certification 

22 under subsection (b)(2), that meets the require23 ments described in subsection (c); 

24 ‘‘(E) is not implementing a coal combus25 tion residuals permit program, with respect to 
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1 which the State has submitted a certification 

2 under subsection (b)(2)— 

3 ‘‘(i) that is consistent with such cer4 tification; and 

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

6 have in effect statutes or regulations nec7 essary to implement such program; or 

8 ‘‘(F) does not make available to the Ad9 ministrator, within 90 days of a written re10 quest, specific information necessary for the 

11 Administrator to ascertain whether the State 

12 has satisfied the requirements described in sub13 paragraphs (A) through (E). 

14 ‘‘(2) REQUEST.—If a request described in para15 graph (1)(F) is proposed pursuant to a petition to 

16 the Administrator, the Administrator shall only 

17 make the request if the Administrator does not pos18 sess the information necessary to ascertain whether 

19 the State has satisfied the requirements described in 

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

21 ‘‘(3) CONTENTS OF NOTICE; DEADLINE FOR RE22 SPONSE.—A notice provided under paragraph (1) 

23 shall— 

24 ‘‘(A) include findings of the Administrator 

25 detailing any applicable deficiencies described in 
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1 subparagraphs (A) through (F) of paragraph 

2 (1); and 

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

4 State, a reasonable deadline by which the State 

5 shall remedy such applicable deficiencies, which 

6 shall be— 

7 ‘‘(i) in the case of a deficiency de8 scribed in subparagraphs (A) through (E) 

9 of paragraph (1), not earlier than 180 

10 days after the date on which the State re11 ceives the notice; and 

12 ‘‘(ii) in the case of a deficiency de13 scribed in paragraph (1)(F), not later than 

14 90 days after the date on which the State 

15 receives the notice. 

16 ‘‘(4) CRITERIA FOR DETERMINING DEFICIENCY

17 OF STATE PERMIT PROGRAM.—In making a deter18 mination whether a State has failed to satisfy the re19 quirements described in subparagraphs (A) through 

20 (E) of paragraph (1), or a determination under sub21 section (e)(1)(B), the Administrator shall consider, 

22 as appropriate— 

23 ‘‘(A) whether the State’s statutes or regu24 lations to implement a coal combustion residu25 als permit program are not sufficient to meet 
36 

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1 the requirements described in subsection (c) be2 cause of— 

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

4 or enact new statutes or regulations when 

5 necessary; or 

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

7 court striking down or limiting such State 

8 statutes or regulations; 

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

10 coal combustion residuals permit program fails 

11 to comply with the requirements of subsection 

12 (c) because of— 

13 ‘‘(i) failure of the State to issue per14 mits as required in subsection (c)(1)(E); 

15 ‘‘(ii) repeated issuance of permits by 

16 the State which do not meet the require17 ments of subsection (c); 

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

19 with the public participation requirements 

20 of this section; or 

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

22 corrective action requirements as described 

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

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

25 coal combustion residuals permit program fails 
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•HR 2218 EH

1 to comply with the requirements of this section 

2 because of— 

3 ‘‘(i) failure to act on violations of per4 mits, as identified by the State; or 

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

6 inspect or otherwise determine compliance 

7 pursuant to the process identified in sub8 section (b)(2)(B)(iii)(I). 

9 ‘‘(e) IMPLEMENTATION BY ADMINISTRATOR.— 

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

11 Administrator shall implement a coal combustion re12 siduals permit program for a State only if— 

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

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

15 State will not adopt and implement a permit 

16 program; 

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

18 subsection (d) and the Administrator deter19 mines, after providing a 30-day period for no20 tice and public comment, that the State has 

21 failed, by the deadline identified in the notice 

22 under subsection (d)(3)(B), to remedy the defi23 ciencies detailed in the notice under subsection 

24 (d)(3)(A); or 
38 

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

2 in writing, that such State will no longer imple3 ment such a permit program. 

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

5 a determination by the Administrator under this 

6 subsection as if the determination was a final regu7 lation for purposes of section 7006. 

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

9 that receive coal combustion residuals on or after 

10 the date of enactment of this section located on 

11 property within the exterior boundaries of a State 

12 that the State does not have authority or jurisdiction 

13 to regulate, the Administrator shall implement a coal 

14 combustion residuals permit program only for those 

15 structures. 

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

17 implements a coal combustion residuals permit pro18 gram for a State under paragraph (1) or (3), the 

19 permit program shall consist of the requirements de20 scribed in subsection (c). 

21 ‘‘(5) ENFORCEMENT.— 

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

23 implements a coal combustion residuals permit 

24 program for a State under paragraph (1)— 
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1 ‘‘(i) the authorities referred to in sec2 tion 4005(c)(2)(A) shall apply with respect 

3 to coal combustion residuals and structures 

4 for which the Administrator is imple5 menting the coal combustion residuals per6 mit program; and 

7 ‘‘(ii) the Administrator may use those 

8 authorities to inspect, gather information, 

9 and enforce the requirements of this sec10 tion in the State. 

11 ‘‘(B) OTHER STRUCTURES.—If the Admin12 istrator implements a coal combustion residuals 

13 permit program under paragraph (3)— 

14 ‘‘(i) the authorities referred to in sec15 tion 4005(c)(2)(A) shall apply with respect 

16 to coal combustion residuals and structures 

17 for which the Administrator is imple18 menting the coal combustion residuals per19 mit program; and 

20 ‘‘(ii) the Administrator may use those 

21 authorities to inspect, gather information, 

22 and enforce the requirements of this sec23 tion for the structures for which the Ad24 ministrator is implementing the coal com25 bustion residuals permit program. 
40 

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

2 Administrator implements a coal combustion residu3 als permit program for a State under this sub4 section, the Administrator shall provide a 30-day pe5 riod for the public participation process required in 

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

7 subsection (c). 

8 ‘‘(f) STATE CONTROL AFTER IMPLEMENTATION BY

9 ADMINISTRATOR.— 

10 ‘‘(1) STATE CONTROL.— 

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

12 AND IMPLEMENTATION BY STATE.—For a State 

13 for which the Administrator is implementing a 

14 coal combustion residuals permit program 

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

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

17 such a permit program by— 

18 ‘‘(i) notifying the Administrator that 

19 the State will adopt and implement such a 

20 permit program; 

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

22 date of such notification, submitting to the 

23 Administrator a certification under sub24 section (b)(2); and 
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•HR 2218 EH

1 ‘‘(iii) receiving from the Adminis2 trator— 

3 ‘‘(I) a determination, after pro4 viding a 30-day period for notice and 

5 public comment, that the State coal 

6 combustion residuals permit program 

7 meets the requirements described in 

8 subsection (c); and 

9 ‘‘(II) a timeline for transition of 

10 control of the coal combustion residu11 als permit program. 

12 ‘‘(B) REMEDYING DEFICIENT PERMIT PRO13 GRAM.—For a State for which the Adminis14 trator is implementing a coal combustion re15 siduals permit program under subsection 

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

17 such a permit program by— 

18 ‘‘(i) remedying only the deficiencies 

19 detailed in the notice pursuant to sub20 section (d)(3)(A); and 

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

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

25 public comment, that the deficiencies 
42 

•HR 2218 EH

1 detailed in such notice have been rem2 edied; and 

3 ‘‘(II) a timeline for transition of 

4 control of the coal combustion residu5 als permit program. 

6 ‘‘(2) REVIEW OF DETERMINATION.— 

7 ‘‘(A) DETERMINATION REQUIRED.—The 

8 Administrator shall make a determination 

9 under paragraph (1) not later than 90 days 

10 after the date on which the State submits a cer11 tification under paragraph (1)(A)(ii), or notifies 

12 the Administrator that the deficiencies have 

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

14 as applicable. 

15 ‘‘(B) REVIEW.—A State may obtain a re16 view of a determination by the Administrator 

17 under paragraph (1) as if such determination 

18 was a final regulation for purposes of section 

19 7006. 

20 ‘‘(3) IMPLEMENTATION DURING TRANSITION.— 

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

22 Program requirements of, and actions taken or 

23 orders issued pursuant to, a coal combustion re24 siduals permit program shall remain in effect 

25 if— 
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•HR 2218 EH

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

2 combustion residuals permit program from 

3 the Administrator under paragraph (1); or 

4 ‘‘(ii) the Administrator takes control 

5 of a coal combustion residuals permit pro6 gram from a State under subsection (e). 

7 ‘‘(B) CHANGE IN REQUIREMENTS.—Sub8 paragraph (A) shall apply to such program re9 quirements, actions, and orders until such time 

10 as— 

11 ‘‘(i) the implementing agency changes 

12 the requirements of the coal combustion 

13 residuals permit program with respect to 

14 the basis for the action or order; or 

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

16 whichever took the action or issued the 

17 order, certifies the completion of a correc18 tive action that is the subject of the action 

19 or order. 

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

21 adopts and implements a coal combustion residuals 

22 permit program under this subsection, the Adminis23 trator shall cease to implement the permit program 

24 implemented under subsection (e)(1) for such State. 
44 

•HR 2218 EH

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

2 OR 3006.—The Administrator shall not consider the im3 plementation of a coal combustion residuals permit pro4 gram by the Administrator under subsection (e) in making 

5 a determination of approval for a permit program or other 

6 system of prior approval and conditions under section 

7 4005(c) or of authorization for a program under section 

8 3006. 

9 ‘‘(h) AUTHORITY.— 

10 ‘‘(1) STATE AUTHORITY.—Nothing in this sec11 tion shall preclude or deny any right of any State to 

12 adopt or enforce any regulation or requirement re13 specting coal combustion residuals that is more 

14 stringent or broader in scope than a regulation or 

15 requirement under this section. 

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

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

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

19 Administrator shall, with respect to the regula20 tion of coal combustion residuals, defer to the 

21 States pursuant to this section. 

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

23 section shall be construed as affecting the au24 thority of the Administrator under section 7003 

25 with respect to coal combustion residuals. 
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1 ‘‘(C) ENFORCEMENT ASSISTANCE ONLY

2 UPON REQUEST.—Upon request from the head 

3 of a lead State agency that is implementing a 

4 coal combustion residuals permit program, the 

5 Administrator may provide to such State agen6 cy only the enforcement assistance requested. 

7 ‘‘(D) CONCURRENT ENFORCEMENT.—Ex8 cept as provided in subparagraph (C), the Ad9 ministrator shall not have concurrent enforce10 ment authority when a State is implementing a 

11 coal combustion residuals permit program, in12 cluding during any period of interim operation 

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

14 ‘‘(E) OTHER AUTHORITY.—The Adminis15 trator shall not have authority to finalize the 

16 proposed rule published at pages 35128 

17 through 35264 of volume 75 of the Federal 

18 Register (June 21, 2010). 

19 ‘‘(F) OTHER RESPONSE AUTHORITY.— 

20 Nothing in this section shall be construed as af21 fecting the authority of the Administrator 

22 under the Comprehensive Environmental Re23 sponse, Compensation, and Liability Act of 

24 1980 (42 U.S.C. 9601 et seq.) with respect to 

25 coal combustion residuals. 
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•HR 2218 EH

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

2 shall be construed to affect the authority of a person 

3 to commence a civil action in accordance with sec4 tion 7002. 

5 ‘‘(i) MINE RECLAMATION ACTIVITIES.—A coal com6 bustion residuals permit program implemented by the Ad7 ministrator under subsection (e) shall not apply to the uti8 lization, placement, and storage of coal combustion residu9 als at surface mining and reclamation operations. 

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

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

12 term ‘coal combustion residuals’ means— 

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

14 3001(b)(3)(A)(i), including recoverable mate15 rials from such wastes; 

16 ‘‘(B) coal combustion wastes that are co17 managed with wastes produced in conjunction 

18 with the combustion of coal, provided that such 

19 wastes are not segregated and disposed of sepa20 rately from the coal combustion wastes and 

21 comprise a relatively small proportion of the 

22 total wastes being disposed in the structure; 

23 ‘‘(C) fluidized bed combustion wastes; 

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

25 with non-hazardous secondary materials, pro-
47 

•HR 2218 EH

1 vided that coal makes up at least 50 percent of 

2 the total fuel burned; and 

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

4 with materials described in subparagraph (A) 

5 that are recovered from monofills. 

6 ‘‘(2) COAL COMBUSTION RESIDUALS PERMIT

7 PROGRAM.—The term ‘coal combustion residuals 

8 permit program’ means all of the authorities, activi9 ties, and procedures that comprise the system of 

10 prior approval and conditions implemented by or for 

11 a State to regulate the management and disposal of 

12 coal combustion residuals. 

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

14 term ‘Code of Federal Regulations’ means the Code 

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

16 enactment of this section) or any successor regula17 tions. 

18 ‘‘(4) IMPLEMENTING AGENCY.—The term ‘im19 plementing agency’ means the agency responsible for 

20 implementing a coal combustion residuals permit 

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

22 State implementing agency identified under sub23 section (b)(2)(B)(i) or the Administrator pursuant 

24 to subsection (e). 
48 

•HR 2218 EH

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

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

4 conditions’ mean any authorization, license, or equiv5 alent control document that incorporates the re6 quirements of subsection (c). 

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

8 criteria’ means the criteria promulgated for munic9 ipal solid waste landfill units under section 4004(a) 

10 and under section 1008(a)(3), as revised under sec11 tion 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 

22 combustion residuals is incidental to the mate23 rial managed in the unit.’’. 

24 (b) CONFORMING AMENDMENT.—The table of con25 tents contained in section 1001 of the Solid Waste Dis-
49 

•HR 2218 EH

1 posal Act is amended by inserting after the item relating 

2 to section 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 Envi6 ronmental Protection Agency’s regulatory determination 

7 entitled ‘‘Notice of Regulatory Determination on Wastes 

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

9 Fed. Reg. 32214 (May 22, 2000), that the fossil fuel com10 bustion wastes addressed in that determination do not 

11 warrant regulation under subtitle C of the Solid Waste 

12 Disposal Act (42 U.S.C. 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 

17 Protection Agency to provide, technical assistance under 

18 the 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 

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

23 4011 of the Solid Waste Disposal Act, as added by this 
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1 Act) under section 215(b)(1) of the Federal Power Act 

2 (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 

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