I 

112TH CONGRESS 

1ST SESSION H. R. 2273 

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 

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. 

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’’. 


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

2 DISPOSAL ACT. 

3 Subtitle D of the Solid Waste Disposal Act (42 

4 U.S.C. 6941 et seq.) is amended by adding at the end 

5 the following new section: 

6 ‘‘SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COM7 BUSTION RESIDUALS. 

8 ‘‘(a) STATE PERMIT PROGRAMS FOR COAL COMBUS9 TION RESIDUALS.—Each State may adopt and implement 

10 a coal combustion residuals permit program. 

11 ‘‘(b) STATE ACTIONS.— 

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

13 after the date of enactment of this section (except 

14 as provided by the deadline identified under sub15 section (d)(2)(B)), the Governor of each State shall 

16 notify the Administrator, in writing, whether such 

17 State will adopt and implement a coal combustion 

18 residuals permit program. 

19 ‘‘(2) CERTIFICATION.—Not later than 36 

20 months after the date of enactment of this section 

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

22 (f)(1)(C)), the Governor of each State that has noti23 fied the Administrator that the State will adopt and 

24 implement a coal combustion residuals permit pro25 gram shall submit to the Administrator, in writing, 

26 a certification that such State coal combustion reVerDate Mar 15 2010 07:16 Jun 24, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2273.IH H2273

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1 siduals permit program meets the specifications de2 scribed in subsection (c). 

3 ‘‘(3) MAINTENANCE OF 4005(c) OR 3006 PRO4 GRAM.—Solely for the purpose of demonstrating 

5 competence under this Act to adopt or implement a 

6 coal combustion residuals permit program under this 

7 section (including pursuant to subsection (f)), the 

8 State agency responsible for implementing the coal 

9 combustion residuals program in a State shall main10 tain an approved program under section 4005(c) or 

11 an authorized program under section 3006. 

12 ‘‘(c) PERMIT PROGRAM SPECIFICATIONS.— 

13 ‘‘(1) IN GENERAL.—The specifications de14 scribed in this subsection for a coal combustion re15 siduals permit program are as follows: 

16 ‘‘(A) The requirements of a State coal 

17 combustion residuals permit program shall be 

18 no less stringent than the requirements of the 

19 revised criteria. 

20 ‘‘(B) Such coal combustion residuals per21 mit program shall regulate the management of 

22 coal combustion residuals in surface impound23 ments and other land-based units. 

24 ‘‘(C) Each structure in such State shall be, 

25 in accordance with generally accepted engineerVerDate Mar 15 2010 07:16 Jun 24, 2011 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2273.IH H2273

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1 ing standards for the structural integrity of 

2 such structures, designed, constructed, and 

3 maintained to provide for containment of the 

4 maximum volumes of coal combustion residuals 

5 appropriate for the structure. 

6 ‘‘(D) The State has the authority to in7 spect structures and implement and enforce 

8 such coal combustion residuals permit program. 

9 ‘‘(2) PROGRAM STRINGENCY.—The require10 ments of a State coal combustion residuals permit 

11 program shall not be considered to be less stringent 

12 than the requirements of the revised criteria if one 

13 or more of the requirements of the revised criteria 

14 is not applied because such criteria is not appro15 priate for the management of coal combustion re16 siduals. 

17 ‘‘(d) WRITTEN NOTICE AND OPPORTUNITY TO REM18 EDY.— 

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

20 provide to a State written notice and an opportunity 

21 to remedy deficiencies in accordance with paragraph 

22 (2) if the State— 

23 ‘‘(A) does not satisfy the notification re24 quirement under subsection (b)(1); 


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1 ‘‘(B)(i) has not submitted a written certifi2 cation under subsection (b)(2); and 

3 ‘‘(ii) is not regulating structures in a man4 ner that protects human health and the envi5 ronment; 

6 ‘‘(C) does not satisfy the maintenance re7 quirement under subsection (b)(3); or 

8 ‘‘(D) has satisfied the notification require9 ment under subsection (b)(1) and has sub10 mitted a written certification under subsection 

11 (b)(2), but, based upon information received by 

12 the Administrator, is not implementing a coal 

13 combustion residuals permit program. 

14 ‘‘(2) CONTENTS OF NOTICE; DEADLINE FOR RE15 SPONSE.—A notice provided under this subsection 

16 shall— 

17 ‘‘(A) include— 

18 ‘‘(i) findings of the Administrator de19 tailing any applicable deficiencies in— 

20 ‘‘(I) compliance by the State with 

21 the notification requirement under 

22 subsection (b)(1); 

23 ‘‘(II)(aa) submission by the State 

24 of the written certification under sub25 section (b)(2); and 


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1 ‘‘(bb) the ways in which the 

2 State is regulating structures such 

3 that human health and the environ4 ment are not protected; and 

5 ‘‘(III) compliance by the State 

6 with the maintenance requirement 

7 under subsection (b)(3); and 

8 ‘‘(ii) for a State described in para9 graph (1)(D), a request for the State to 

10 demonstrate that it is implementing a coal 

11 combustion residuals permit program; and 

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

13 State, a reasonable deadline, which shall be not 

14 sooner than 6 months after the State receives 

15 the notice, by which the State shall— 

16 ‘‘(i) take actions to remedy the defi17 ciencies detailed under subparagraph 

18 (A)(i); or 

19 ‘‘(ii) for a State described in para20 graph (1)(D), demonstrate that it is imple21 menting a coal combustion residuals per22 mit program. 

23 ‘‘(e) IMPLEMENTATION BY ADMINISTRATOR.—The 

24 Administrator shall implement a coal combustion residuals 

25 permit program, the elements of which shall consist of the 


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1 revised criteria regarding design, groundwater monitoring, 

2 corrective action, closure, and post-closure, as appropriate 

3 for structures, for a State only in the following cir4 cumstances: 

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

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

7 State will not adopt and implement such a permit 

8 program. 

9 ‘‘(2) If such State has received a notice under 

10 subsection (d) and fails, by the deadline identified in 

11 such notice under subsection (d)(2)(B)— 

12 ‘‘(A) to take actions to remedy the defi13 ciencies detailed in such notice under subsection 

14 (d)(2)(A); or 

15 ‘‘(B) for a State described in subsection 

16 (d)(1)(D), to demonstrate that it is imple17 menting a coal combustion residuals permit 

18 program. 

19 ‘‘(3) If such State informs the Administrator, 

20 in writing, that such State will no longer implement 

21 such a permit program. 

22 ‘‘(f) STATE CONTROL AFTER IMPLEMENTATION BY

23 ADMINISTRATOR.— 

24 ‘‘(1) STATE CONTROL.— 


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1 ‘‘(A) NEW ADOPTION AND IMPLEMENTA2 TION BY STATE.—For a State in which the Ad3 ministrator is implementing a coal combustion 

4 residuals permit program under subsection 

5 (e)(1), the State may adopt and implement 

6 such a permit program by— 

7 ‘‘(i) notifying the Administrator that 

8 the State will adopt and implement such a 

9 permit program; and 

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

11 date of such notification, submitting to the 

12 Administrator a written certification under 

13 subsection (b)(2). 

14 ‘‘(B) REMEDYING DEFICIENT PERMIT PRO15 GRAM.— 

16 ‘‘(i) IN GENERAL.—For a State in 

17 which the Administrator is implementing a 

18 coal combustion residuals permit program 

19 under subsection (e)(2), the State may 

20 adopt and implement such a permit pro21 gram by— 

22 ‘‘(I) remedying the deficiencies 

23 detailed in the notice provided under 

24 subsection (d)(2)(A)(i); or 


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1 ‘‘(II) for a State described in 

2 subsection (d)(1)(D), demonstrating 

3 that it is implementing a coal combus4 tion residuals permit program. 

5 ‘‘(ii) DEMONSTRATION.— 

6 ‘‘(I) REMEDY OF DEFICIENCY.— 

7 If such notice details a deficiency de8 scribed in subsection 

9 (d)(2)(A)(i)(II)(bb), the State may 

10 remedy such deficiency only by dem11 onstrating to the satisfaction of the 

12 Administrator that such State has 

13 remedied such deficiency. 

14 ‘‘(II) REVIEW OF DETERMINA15 TION.—If the Administrator deter16 mines that a demonstration by a State 

17 under subclause (I) or clause (i)(II) is 

18 not sufficient, the State may obtain a 

19 review of such determination as if 

20 such determination was a final regula21 tion for purposes of section 7006. 

22 ‘‘(C) RESUMPTION OF IMPLEMENTATION

23 BY STATE.—For a State in which the Adminis24 trator is implementing a coal combustion re25 siduals permit program under subsection (e)(3), 


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1 the State may adopt and implement such a per2 mit program by— 

3 ‘‘(i) notifying the Administrator that 

4 the State will adopt and implement such a 

5 permit program; and 

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

7 date of such notification, submitting to the 

8 Administrator a written certification under 

9 subsection (b)(2). 

10 ‘‘(2) SINGLE PERMIT PROGRAM.—If a State 

11 adopts and implements a coal combustion residuals 

12 permit program under this subsection, the Adminis13 trator shall cease to implement the permit program 

14 implemented under subsection (e) for such State. 

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

16 OR 3006.—The Administrator shall not consider the im17 plementation of a coal combustion residuals permit pro18 gram by the Administrator under subsection (e) in making 

19 a determination of approval for a permit program or other 

20 system of prior approval and conditions under section 

21 4005(c) or of authorization for a program under section 

22 3006. 

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

24 coal combustion residuals permit program, that a struc25 ture should close, the time period for the closure of such 


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1 structure shall be set forth, in a schedule, in a closure 

2 plan that takes into account the site-specific characteris3 tics of the structure to be closed. 

4 ‘‘(i) AUTHORITY.— 

5 ‘‘(1) STATE AUTHORITY.—Nothing in this sec6 tion 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 

9 stringent than a regulation or requirement under 

10 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 

14 of this title, the Administrator shall, with re15 spect to the regulation of coal combustion re16 siduals, defer to the States pursuant to this sec17 tion. 

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

19 section shall be construed to affect the author20 ity of the Administrator under section 7003 

21 with respect to coal combustion residuals. 

22 ‘‘(j) MINE RECLAMATION ACTIVITIES.—A coal com23 bustion residuals permit program implemented under sub24 section (e) by the Administrator shall not apply to the utiVerDate Mar 15 2010 07:16 Jun 24, 2011 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2273.IH H2273

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1 lization, placement, and storage of coal combustion residu2 als at surface mining and reclamation operations. 

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

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

5 term ‘coal combustion residuals’ means— 

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

7 3001(b)(3)(A)(i), including recoverable mate8 rials from such wastes; 

9 ‘‘(B) coal combustion wastes that are co10 managed with wastes produced in conjunction 

11 with the combustion of coal, provided that such 

12 wastes are not segregated and disposed of sepa13 rately from the coal combustion wastes and 

14 comprise a relatively small proportion of the 

15 total wastes being disposed in the structure; 

16 ‘‘(C) fluidized bed combustion wastes; 

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

18 with non-hazardous secondary materials pro19 vided that coal makes up at least 50 percent of 

20 the total fuel burned; and 

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

22 with materials described in subparagraph (A) 

23 that are recovered from monofills. 

24 ‘‘(2) COAL COMBUSTION RESIDUALS PERMIT

25 PROGRAM.—The term ‘coal combustion residuals 


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1 permit program’ means a permit program or other 

2 system of prior approval and conditions that is 

3 adopted by or for a State for the management and 

4 disposal of coal combustion residuals to the extent 

5 such activities occur in structures in such State. 

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

7 a landfill, surface impoundment, or other land-based 

8 unit which may receive coal combustion residuals. 

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

10 criteria’ means the criteria promulgated for munic11 ipal solid waste landfill units under section 4004(a) 

12 and under section 1008(a)(3), as revised under sec13 tion 4010(c).’’. 

14 SEC. 3. 2000 REGULATORY DETERMINATION. 

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

16 Act, shall be construed to alter in any manner the Envi17 ronmental Protection Agency’s regulatory determination 

18 entitled ‘‘Notice of Regulatory Determination on Wastes 

19 from the Combustion of Fossil Fuels’’, published at 65 

20 Fed. Reg. 32214 (May 22, 2000), that the fossil fuel com21 bustion wastes addressed in that determination do not 

22 warrant regulation under subtitle C of the Solid Waste 

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

Æ 


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