IB 

Union Calendar No. 147 

112TH CONGRESS 

1ST SESSION H. R. 2273 

[Report No. 112–226] 

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

and beneficial use, and provide for the proper management and disposal, 

of materials generated by the combustion of coal and other fossil fuels. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 22, 2011 

Mr. MCKINLEY (for himself, Mr. WHITFIELD, Mr. RAHALL, Mrs. CAPITO, 

Mrs. MYRICK, Mr. OLSON, Mrs. LUMMIS, Mr. ROSS of Florida, Mr. BARTON of Texas, Mr. JOHNSON of Ohio, Mr. PITTS, Mr. ROGERS of Kentucky, Mrs. MCMORRIS RODGERS, Mr. WOMACK, Mr. SULLIVAN, Mr. 

PALAZZO, and Mr. BUCSHON) introduced the following bill; which was referred to the Committee on Energy and Commerce 

SEPTEMBER 26, 2011 

Additional sponsors: Mr. MILLER of Florida, Mr. REHBERG, Mr. COBLE, Mr. 

TERRY, Mr. SCOTT of South Carolina, Mr. GOSAR, Mr. CRAWFORD, Mr. 

NUNNELEE, Mr. CAMP, Mr. ROGERS of Alabama, Mr. DENT, Mr. BISHOP

of Utah, Mr. ROONEY, Mr. SENSENBRENNER, Mrs. EMERSON, and Mrs. 

ADAMS

SEPTEMBER 26, 2011 

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 22, 2011] 

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A BILL 

To amend subtitle D of the Solid Waste Disposal Act to 

facilitate recovery and beneficial use, and provide for 

the proper management and disposal, of materials generated by the combustion of coal and other fossil fuels. 

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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. 

4 This Act may be cited as the ‘‘Coal Residuals Reuse 

5 and Management Act’’. 

6 SEC. 2. AMENDMENT TO SUBTITLE D OF THE SOLID WASTE 

7 DISPOSAL ACT. 

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

10 at the end the following new section: 

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

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

15 a coal combustion residuals permit program. 

16 ‘‘(b) STATE ACTIONS.— 

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

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

19 provided by the deadline identified under subsection 

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

21 Administrator, in writing, whether such State will 

22 adopt and implement a coal combustion residuals 

23 permit program. 

24 ‘‘(2) CERTIFICATION.— 

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

2 months after the date of enactment of this section 

3 (except as provided in subsections (f)(1)(A) and 

4 (f)(1)(C)), in the case of a State that has notified 

5 the Administrator that it will implement a coal 

6 combustion residuals permit program, the head 

7 of the lead State agency responsible for imple8 menting the coal combustion residuals permit 

9 program shall submit to the Administrator a cer10 tification that such coal combustion residuals 

11 permit program meets the specifications de12 scribed in subsection (c)(1). 

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

14 under this paragraph shall include— 

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

16 agency responsible for implementing the 

17 coal combustion residuals permit program, 

18 signed by the head of such agency; 

19 ‘‘(ii) identification of any other State 

20 agencies involved with the implementation 

21 of the coal combustion residuals permit pro22 gram; 

23 ‘‘(iii) a narrative description that pro24 vides an explanation of how the State will 

25 ensure that the coal combustion residuals 

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1 permit program meets the requirements of 

2 this section; 

3 ‘‘(iv) a legal certification that the State 

4 has, at the time of certification, fully effec5 tive statutes, regulations, or guidance nec6 essary to implement a coal combustion re7 siduals permit program that meets the spec8 ifications described in subsection (c)(1); and 

9 ‘‘(v) copies of State statutes, regula10 tions, and guidance described in clause (iv). 

11 ‘‘(3) MAINTENANCE OF 4005(c) OR 3006 PRO12 GRAM.—In order to adopt or implement a coal com13 bustion residuals permit program under this section 

14 (including pursuant to subsection (f)), the State agen15 cy responsible for implementing a coal combustion re16 siduals permit program in a State shall maintain an 

17 approved program under section 4005(c) or an au18 thorized program under section 3006. 

19 ‘‘(c) PERMIT PROGRAM SPECIFICATIONS.— 

20 ‘‘(1) MINIMUM REQUIREMENTS.—The specifica21 tions described in this subsection for a coal combus22 tion residuals permit program are as follows: 

23 ‘‘(A) The revised criteria described in para24 graph (2) shall apply to a coal combustion remstockstill on DSK4VPTVN1PROD with BILLS

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1 siduals permit program, except as provided in 

2 paragraph (3). 

3 ‘‘(B) Each structure shall be, in accordance 

4 with generally accepted engineering standards 

5 for the structural integrity of such structures, de6 signed, constructed, and maintained to provide 

7 for containment of the maximum volumes of coal 

8 combustion residuals appropriate for the struc9 ture. If a structure is determined by the head of 

10 the agency responsible for implementing the coal 

11 combustion residuals permit program to be defi12 cient, the head of such agency has authority to 

13 require action to correct the deficiency. If the 

14 identified deficiency is not corrected, the head of 

15 such agency has authority to require that the 

16 structure close in accordance with subsection (h). 

17 ‘‘(C) The coal combustion residuals permit 

18 program shall apply the revised criteria promul19 gated pursuant to section 4010(c) for location, 

20 design, groundwater monitoring, corrective ac21 tion, financial assurance, closure and post-clo22 sure described in paragraph (2) and the speci23 fications described in this paragraph to surface 

24 impoundments. 

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1 ‘‘(D) Constituents for detection monitoring 

2 shall include boron, chloride, conductivity, fluo3 ride, pH, sulphate, sulfide, and total dissolved 

4 solids. 

5 ‘‘(E) If a structure that is classified as pos6 ing a high hazard potential pursuant to the 

7 guidelines published by the Federal Emergency 

8 Management Agency entitled ‘Federal Guidelines 

9 for Dam Safety: Hazard Potential Classification 

10 System for Dams’ (FEMA Publication Number 

11 333) is determined by the head of the agency re12 sponsible for implementing the coal combustion 

13 residuals permit program to be deficient with re14 spect to the structural integrity requirement in 

15 subparagraph (B), the head of such agency has 

16 authority to require action to correct the defi17 ciency. If the identified deficiency is not cor18 rected, the head of such agency has authority to 

19 require that the structure close in accordance 

20 with subsection (h). 

21 ‘‘(F) New structures that first receive coal 

22 combustion residuals after the date of enactment 

23 of this section shall be constructed with a base lo24 cated a minimum of two feet above the upper 

25 limit of the natural water table. 

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1 ‘‘(G) In the case of a coal combustion re2 siduals permit program implemented by a State, 

3 the State has the authority to inspect structures 

4 and implement and enforce such permit pro5 gram. 

6 ‘‘(2) REVISED CRITERIA.—The revised criteria 

7 described in this paragraph are— 

8 ‘‘(A) the revised criteria for design, ground9 water monitoring, corrective action, closure, and 

10 post-closure, for structures, including— 

11 ‘‘(i) for new structures, and lateral ex12 pansions of existing structures, that first re13 ceive coal combustion residuals after the 

14 date of enactment of this section, the revised 

15 criteria regarding design requirements de16 scribed in section 258.40 of title 40, Code of 

17 Federal Regulations; and 

18 ‘‘(ii) for all structures that receive coal 

19 combustion residuals after the date of enact20 ment of this section, the revised criteria re21 garding groundwater monitoring require22 ments described in subpart E of part 258 of 

23 title 40, Code of Federal Regulations; 

24 ‘‘(B) the revised criteria for location restric25 tions described in— 

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1 ‘‘(i) for new structures, and lateral ex2 pansions of existing structures, that first re3 ceive coal combustion residuals after the 

4 date of enactment of this section, sections 

5 258.11 through 258.15 of title 40, Code of 

6 Federal Regulations; and 

7 ‘‘(ii) for existing structures that receive 

8 coal combustion residuals after the date of 

9 enactment of this section, sections 258.11 

10 and 258.15 of title 40, Code of Federal Reg11 ulations; 

12 ‘‘(C) for all structures that receive coal com13 bustion residuals after the date of enactment of 

14 this section, the revised criteria for air quality 

15 described in section 258.24 of title 40, Code of 

16 Federal Regulations; and 

17 ‘‘(D) for all structures that receive coal com18 bustion residuals after the date of enactment of 

19 this section, the revised criteria for financial as20 surance described in subpart G of part 258 of 

21 title 40, Code of Federal Regulations. 

22 ‘‘(3) APPLICABILITY OF CERTAIN REQUIRE23 MENTS.—A State may determine that one or more of 

24 the requirements of the revised criteria described in 

25 paragraph (2) is not needed for the management of 

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1 coal combustion residuals in that State, and may de2 cline to apply such requirement as part of its coal 

3 combustion residuals permit program. If a State de4 clines to apply a requirement under this paragraph, 

5 the State shall include in the certification under sub6 section (b)(2) a description of such requirement and 

7 the reasons such requirement is not needed in the 

8 State. If the Administrator determines that a State 

9 determination under this paragraph does not accu10 rately reflect the needs for the management of coal 

11 combustion residuals in the State, the Administrator 

12 may treat such State determination as a deficiency 

13 under subsection (d). 

14 ‘‘(d) WRITTEN NOTICE AND OPPORTUNITY TO REM15 EDY.— 

16 ‘‘(1) IN GENERAL.—The Administrator shall pro17 vide to a State written notice and an opportunity to 

18 remedy deficiencies in accordance with paragraph (2) 

19 if at any time the State— 

20 ‘‘(A) does not satisfy the notification re21 quirement under subsection (b)(1); 

22 ‘‘(B) has not submitted a certification 

23 under subsection (b)(2); 

24 ‘‘(C) does not satisfy the maintenance re25 quirement under subsection (b)(3); or 

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

2 residuals permit program that meets the speci3 fications described in subsection (c)(1). 

4 ‘‘(2) CONTENTS OF NOTICE; DEADLINE FOR RE5 SPONSE.—A notice provided under this subsection 

6 shall— 

7 ‘‘(A) include findings of the Administrator 

8 detailing any applicable deficiencies in— 

9 ‘‘(i) compliance by the State with the 

10 notification requirement under subsection 

11 (b)(1); 

12 ‘‘(ii) compliance by the State with the 

13 certification requirement under subsection 

14 (b)(2); 

15 ‘‘(iii) compliance by the State with the 

16 maintenance requirement under subsection 

17 (b)(3); and 

18 ‘‘(iv) the State coal combustion residu19 als permit program in meeting the speci20 fications described in subsection (c)(1); and 

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

22 State, a reasonable deadline, which shall be not 

23 sooner than 6 months after the State receives the 

24 notice, by which the State shall remedy the defi25 ciencies detailed under subparagraph (A). 

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1 ‘‘(e) IMPLEMENTATION BY ADMINISTRATOR.— 

2 ‘‘(1) IN GENERAL.—The Administrator shall im3 plement a coal combustion residuals permit program 

4 for a State only in the following circumstances: 

5 ‘‘(A) If the Governor of such State notifies 

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

7 such State will not adopt and implement such a 

8 permit program. 

9 ‘‘(B) If such State has received a notice 

10 under subsection (d) and, after any review 

11 brought by the State under section 7006, fails, by 

12 the deadline identified in such notice under sub13 section (d)(2)(B), to remedy the deficiencies de14 tailed in such notice under subsection (d)(2)(A). 

15 ‘‘(C) If such State informs the Adminis16 trator, in writing, that such State will no longer 

17 implement such a permit program. 

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

20 for a State under paragraph (1), such permit pro21 gram shall consist of the specifications described in 

22 subsection (c)(1). 

23 ‘‘(3) ENFORCEMENT.—If the Administrator im24 plements a coal combustion residuals permit program 

25 for a State under paragraph (1), the authorities remstockstill on DSK4VPTVN1PROD with BILLS

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1 ferred to in section 4005(c)(2)(A) shall apply with re2 spect to coal combustion residuals and structures and 

3 the Administrator may use such authorities to in4 spect, gather information, and enforce the require5 ments of this section in the State. 

6 ‘‘(f) STATE CONTROL AFTER IMPLEMENTATION BY AD7 MINISTRATOR.— 

8 ‘‘(1) STATE CONTROL.— 

9 ‘‘(A) NEW ADOPTION AND IMPLEMENTATION

10 BY STATE.—For a State for which the Adminis11 trator is implementing a coal combustion residu12 als permit program under subsection (e)(1)(A), 

13 the State may adopt and implement such a per14 mit program by— 

15 ‘‘(i) notifying the Administrator that 

16 the State will adopt and implement such a 

17 permit program; 

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

19 date of such notification, submitting to the 

20 Administrator a certification under sub21 section (b)(2); and 

22 ‘‘(iii) receiving from the Adminis23 trator— 

24 ‘‘(I) a determination that the 

25 State coal combustion residuals permit 

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1 program meets the specifications de2 scribed in subsection (c)(1); and 

3 ‘‘(II) a timeline for transition of 

4 control of the coal combustion residuals 

5 permit program. 

6 ‘‘(B) REMEDYING DEFICIENT PERMIT PRO7 GRAM.—For a State for which the Administrator 

8 is implementing a coal combustion residuals per9 mit program under subsection (e)(1)(B), the 

10 State may adopt and implement such a permit 

11 program by— 

12 ‘‘(i) remedying the deficiencies detailed 

13 in the notice provided under subsection 

14 (d)(2)(A); and 

15 ‘‘(ii) receiving from the Adminis16 trator— 

17 ‘‘(I) a determination that the defi18 ciencies detailed in such notice have 

19 been remedied; and 

20 ‘‘(II) a timeline for transition of 

21 control of the coal combustion residuals 

22 permit program. 

23 ‘‘(C) RESUMPTION OF IMPLEMENTATION BY

24 STATE.—For a State for which the Adminis25 trator is implementing a coal combustion residumstockstill on DSK4VPTVN1PROD with BILLS

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1 als permit program under subsection (e)(1)(C), 

2 the State may adopt and implement such a per3 mit program by— 

4 ‘‘(i) notifying the Administrator that 

5 the State will adopt and implement such a 

6 permit program; 

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

8 date of such notification, submitting to the 

9 Administrator a certification under sub10 section (b)(2); and 

11 ‘‘(iii) receiving from the Adminis12 trator— 

13 ‘‘(I) a determination that the 

14 State coal combustion residuals permit 

15 program meets the specifications de16 scribed in subsection (c)(1); and 

17 ‘‘(II) a timeline for transition of 

18 control of the coal combustion residuals 

19 permit program. 

20 ‘‘(2) REVIEW OF DETERMINATION.— 

21 ‘‘(A) DETERMINATION REQUIRED.—The Ad22 ministrator shall make a determination under 

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

24 date on which the State submits a certification 

25 under paragraph (1)(A)(ii) or (1)(C)(ii), or nomstockstill on DSK4VPTVN1PROD with BILLS

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1 tifies the Administrator that the deficiencies have 

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

3 as applicable. 

4 ‘‘(B) REVIEW.—A State may obtain a re5 view of a determination by the Administrator 

6 under paragraph (1) as if such determination 

7 was a final regulation for purposes of section 

8 7006. 

9 ‘‘(3) IMPLEMENTATION DURING TRANSITION.— 

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

11 Actions taken or orders issued pursuant to a coal 

12 combustion residuals permit program shall re13 main in effect if— 

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

15 combustion residuals permit program from 

16 the Administrator under paragraph (1); or 

17 ‘‘(ii) the Administrator takes control of 

18 a coal combustion residuals permit program 

19 from a State under subsection (e). 

20 ‘‘(B) CHANGE IN REQUIREMENTS.—Sub21 paragraph (A) shall apply to such actions and 

22 orders until such time as the Administrator or 

23 the head of the lead State agency responsible for 

24 implementing the coal combustion residuals per25 mit program, as applicable— 

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1 ‘‘(i) implements changes to the require2 ments of the coal combustion residuals per3 mit program with respect to the basis for 

4 the action or order; or 

5 ‘‘(ii) certifies the completion of a cor6 rective action that is the subject of the ac7 tion or order. 

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

9 adopts and implements a coal combustion residuals 

10 permit program under this subsection, the Adminis11 trator shall cease to implement the permit program 

12 implemented under subsection (e) for such State. 

13 ‘‘(g) EFFECT ON DETERMINATION UNDER 4005(C) OR

14 3006.—The Administrator shall not consider the implemen15 tation of a coal combustion residuals permit program by 

16 the Administrator under subsection (e) in making a deter17 mination of approval for a permit program or other system 

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

19 of authorization for a program under section 3006. 

20 ‘‘(h) CLOSURE.—If it is determined, pursuant to a 

21 coal combustion residuals permit program, that a structure 

22 should close, the time period and method for the closure of 

23 such structure shall be set forth, in a schedule, in a closure 

24 plan that takes into account the nature and the site-specific 

25 characteristics of the structure to be closed. In the case of 

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1 a surface impoundment, the closure plan shall require, at 

2 a minimum, the removal of liquid and the stabilization of 

3 remaining waste, as necessary to support the final cover. 

4 ‘‘(i) AUTHORITY.— 

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

6 shall preclude or deny any right of any State to 

7 adopt or enforce any regulation or requirement re8 specting coal combustion residuals that is more strin9 gent or broader in scope than a regulation or require10 ment under this section. 

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

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

13 subsection (e) of this section and section 6005 of 

14 this title, the Administrator shall, with respect to 

15 the regulation of coal combustion residuals, defer 

16 to the States pursuant to this section. 

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

18 section shall be construed to affect the authority 

19 of the Administrator under section 7003 with re20 spect to coal combustion residuals. 

21 ‘‘(j) MINE RECLAMATION ACTIVITIES.—A coal combus22 tion residuals permit program implemented under sub23 section (e) by the Administrator shall not apply to the utili24 zation, placement, and storage of coal combustion residuals 

25 at surface mining and reclamation operations. 

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1 ‘‘(k) DEFINITIONS.—In this section: 

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

3 ‘coal combustion residuals’ means— 

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

5 3001(b)(3)(A)(i), including recoverable materials 

6 from such wastes; 

7 ‘‘(B) coal combustion wastes that are co8 managed with wastes produced in conjunction 

9 with the combustion of coal, provided that such 

10 wastes are not segregated and disposed of sepa11 rately from the coal combustion wastes and com12 prise a relatively small proportion of the total 

13 wastes being disposed in the structure; 

14 ‘‘(C) fluidized bed combustion wastes; 

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

16 with non-hazardous secondary materials pro17 vided that coal makes up at least 50 percent of 

18 the total fuel burned; and 

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

20 with materials described in subparagraph (A) 

21 that are recovered from monofills. 

22 ‘‘(2) COAL COMBUSTION RESIDUALS PERMIT PRO23 GRAM.—The term ‘coal combustion residuals permit 

24 program’ means a permit program or other system of 

25 prior approval and conditions that is adopted by or 

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1 for a State for the management and disposal of coal 

2 combustion residuals to the extent such activities 

3 occur in structures in such State. 

4 ‘‘(3) STRUCTURE.—The term ‘structure’ means a 

5 landfill, surface impoundment, or other land-based 

6 unit which may receive coal combustion residuals. 

7 ‘‘(4) 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 (b) CONFORMING AMENDMENT.—The table of contents 

13 contained in section 1001 of the Solid Waste Disposal Act 

14 is amended by inserting after the item relating to section 

15 4010 the following: 

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

16 SEC. 3. 2000 REGULATORY DETERMINATION. 

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

18 Act, shall be construed to alter in any manner the Environ19 mental Protection Agency’s regulatory determination enti20 tled ‘‘Notice of Regulatory Determination on Wastes from 

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

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

23 addressed in that determination do not warrant regulation 

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

25 6921 et seq.). 

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Union Calendar No. 147 

112TH CONGRESS 

1ST SESSION H. R. 2273 

[Report No. 112–226] 

A BILL 

To amend subtitle D of the Solid Waste Disposal 

and other fossil fuels. of materials generated by the combustion of coal provide for the proper management and disposal, Act to facilitate recovery and beneficial use, and 

SEPTEMBER 26, 2011 

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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