II 

114TH CONGRESS 

1ST SESSION S. 1803 

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

and beneficial use of coal combustion residuals and establish requirements for the proper management and disposal of coal combustion residuals that are protective of human health and the environment. 

IN THE SENATE OF THE UNITED STATES 

JULY 16, 2015 

Mr. HOEVEN (for himself and Mr. MANCHIN) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To amend subtitle D of the Solid Waste Disposal Act to 

encourage recovery and beneficial use of coal combustion 

residuals and establish requirements for the proper management and disposal of coal combustion residuals that 

are protective of human health and the environment. 

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 ‘‘Improving Coal Combustion Residuals Regulation Act of 

6 2015’’. 


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

2 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. 

3 SEC. 2. MANAGEMENT AND DISPOSAL OF COAL COMBUS4 TION RESIDUALS. 

5 (a) IN GENERAL.—Subtitle D of the Solid Waste Dis6 posal Act (42 U.S.C. 6941 et seq.) is amended by adding 

7 at the end the following: 

8 ‘‘SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COM9 BUSTION RESIDUALS. 

10 ‘‘(a) STATE PERMIT PROGRAMS FOR COAL COMBUS11 TION RESIDUALS.—Each State may adopt, implement, 

12 and enforce a coal combustion residuals permit program 

13 in accordance with this section. 

14 ‘‘(b) STATE ACTIONS.— 

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

16 after the date of enactment of this section (except 

17 as provided by the deadline identified under sub18 section (d)(3)(B)), the Governor of each State shall 

19 notify the Administrator, in writing, whether such 

20 State will adopt and implement a coal combustion 

21 residuals permit program. 

22 ‘‘(2) CERTIFICATION.— 


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1 ‘‘(A) IN GENERAL.—Not later than 24 

2 months after the date of enactment of this sec3 tion (except as provided in subparagraph (B) 

4 and subsection (f)(1)(A)), in the case of a State 

5 that has notified the Administrator that it will 

6 implement a coal combustion residuals permit 

7 program, the head of the lead State imple8 menting agency shall submit to the Adminis9 trator a certification that such coal combustion 

10 residuals permit program meets the require11 ments described in subsection (c). 

12 ‘‘(B) EXTENSION.— 

13 ‘‘(i) REQUIREMENTS.—The Adminis14 trator may extend the deadline for submis15 sion of a certification for a State under 

16 subparagraph (A) for a period of 12 

17 months if the State submits to the Admin18 istrator a request for such an extension 

19 that— 

20 ‘‘(I) describes the efforts of the 

21 State to meet such deadline; 

22 ‘‘(II) demonstrates that the legis23 lative or rulemaking procedures of 

24 such State render the State unable 

25 meet such deadline; and 


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1 ‘‘(III) provides the Administrator 

2 with a detailed schedule for comple3 tion and submission of the certifi4 cation. 

5 ‘‘(ii) DETERMINATION.—If the Ad6 ministrator does not approve or deny a re7 quest submitted under clause (i) by the 

8 date that is 30 days after such submission, 

9 the request shall be deemed approved. 

10 ‘‘(C) CONTENTS.—A certification sub11 mitted under this paragraph shall include— 

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

13 implementing agency, signed by the head 

14 of such agency; 

15 ‘‘(ii) identification of any other State 

16 agencies involved with the implementation 

17 of the coal combustion residuals permit 

18 program; 

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

20 coal combustion residuals permit program 

21 meets the requirements of this section, in22 cluding— 

23 ‘‘(I) a description of the 

24 State’s— 


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1 ‘‘(aa) process to inspect or 

2 otherwise determine compliance 

3 with such permit program; 

4 ‘‘(bb) process to enforce the 

5 requirements of such permit pro6 gram; 

7 ‘‘(cc) public participation 

8 process for the promulgation, 

9 amendment, or repeal of regula10 tions for, and the issuance of 

11 permits under, such permit pro12 gram; and 

13 ‘‘(dd) statutes, regulations, 

14 or policies pertaining to public 

15 access to information, including 

16 information on groundwater mon17 itoring data, structural stability 

18 assessments, emergency action 

19 plans, fugitive dust control plans, 

20 notifications of closure (including 

21 any certification of closure by a 

22 qualified professional engineer), 

23 and corrective action remedies; 

24 and 


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1 ‘‘(II) identification of any 

2 changes to the definitions under sec3 tion 257.53 of title 40, Code of Fed4 eral Regulations, for purposes of the 

5 State coal combustion residuals per6 mit program, including a reasonable 

7 basis for such changes, as required 

8 under subsection (l)(4); 

9 ‘‘(iv) a statement that the State has 

10 in effect, at the time of certification, stat11 utes or regulations necessary to implement 

12 a coal combustion residuals permit pro13 gram that meets the requirements de14 scribed in subsection (c); 

15 ‘‘(v) copies of State statutes and regu16 lations described in clause (iv); 

17 ‘‘(vi) a plan for a response by the 

18 State to a release at a structure or inactive 

19 surface impoundment that has the poten20 tial for impact beyond the site on which 

21 the structure or inactive surface impound22 ment is located; and 

23 ‘‘(vii) a plan for coordination among 

24 States in the event of a release that 

25 crosses State lines. 


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1 ‘‘(D) UPDATES.—A State may update the 

2 certification as needed to reflect changes to the 

3 coal combustion residuals permit program. 

4 ‘‘(3) MAINTENANCE OF 4005(c) OR 3006 PRO5 GRAM.—In order to adopt or implement a coal com6 bustion residuals permit program under this section 

7 (including pursuant to subsection (f)), the lead State 

8 implementing agency shall maintain an approved 

9 permit program or other system of prior approval 

10 and conditions under section 4005(c) or an author11 ized program under section 3006. 

12 ‘‘(c) REQUIREMENTS FOR A COAL COMBUSTION RE13 SIDUALS PERMIT PROGRAM.—A coal combustion residuals 

14 permit program shall consist of the following: 

15 ‘‘(1) GENERAL REQUIREMENTS.— 

16 ‘‘(A) PERMITS.—The implementing agency 

17 shall require that owners or operators of struc18 tures apply for and obtain permits incor19 porating the applicable requirements of the coal 

20 combustion residuals permit program. 

21 ‘‘(B) PUBLIC AVAILABILITY OF INFORMA22 TION.—Except for information with respect to 

23 which disclosure is prohibited under section 

24 1905 of title 18, United States Code, the imple25 menting agency shall ensure that— 


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1 ‘‘(i) documents for permit determina2 tions are made publicly available for review 

3 and comment under the public participa4 tion process of the coal combustion residu5 als permit program; 

6 ‘‘(ii) final determinations on permit 

7 applications are made publicly available; 

8 ‘‘(iii) information on groundwater 

9 monitoring data, structural stability as10 sessments, emergency action plans, fugitive 

11 dust control plans, notifications of closure 

12 (including any certification of closure by a 

13 qualified professional engineer), and cor14 rective action remedies required pursuant 

15 to paragraph (2), collected in a manner de16 termined appropriate by the implementing 

17 agency, is publicly available, including on 

18 an Internet website; and 

19 ‘‘(iv) information regarding the exer20 cise by the implementing agency of any 

21 discretionary authority granted under this 

22 section and not provided for in the rule de23 scribed in subsection (l)(1) is made pub24 licly available. 

25 ‘‘(C) AGENCY AUTHORITY.— 


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1 ‘‘(i) IN GENERAL.—The implementing 

2 agency shall— 

3 ‘‘(I) obtain information necessary 

4 to determine whether the owner or op5 erator of a structure is in compliance 

6 with the requirements of the coal com7 bustion residuals permit program; 

8 ‘‘(II) conduct or require moni9 toring or testing to ensure that struc10 tures are in compliance with the re11 quirements of the coal combustion re12 siduals permit program; and 

13 ‘‘(III) enter any site or premise 

14 at which a structure or inactive coal 

15 combustion residuals surface im16 poundment is located for the purpose 

17 of inspecting such structure or surface 

18 impoundment and reviewing relevant 

19 records. 

20 ‘‘(ii) MONITORING AND TESTING.—If 

21 monitoring or testing is conducted under 

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

23 agency, the implementing agency shall, if 

24 requested, provide to the owner or oper25 ator— 


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1 ‘‘(I) a written description of the 

2 monitoring or testing completed; 

3 ‘‘(II) at the time of sampling, a 

4 portion of each sample equal in vol5 ume or weight to the portion retained 

6 by or for the implementing agency; 

7 and 

8 ‘‘(III) a copy of the results of 

9 any analysis of samples collected by or 

10 for the implementing agency. 

11 ‘‘(2) CRITERIA.—The implementing agency 

12 shall apply the following criteria with respect to 

13 structures: 

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

15 structures, including lateral expansions of exist16 ing structures, the criteria regarding design re17 quirements described in sections 257.70 and 

18 257.72 of title 40, Code of Federal Regulations, 

19 as applicable. 

20 ‘‘(B) GROUNDWATER MONITORING AND

21 CORRECTIVE ACTION.— 

22 ‘‘(i) IN GENERAL.—Except as pro23 vided in clause (ii), for all structures, the 

24 criteria regarding groundwater monitoring 

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1 scribed in sections 257.90 through 257.98 

2 of title 40, Code of Federal Regulations, 

3 including— 

4 ‘‘(I) for the purposes of detection 

5 monitoring, the constituents described 

6 in appendix III to part 257 of title 

7 40, Code of Federal Regulations; and 

8 ‘‘(II) for the purposes of assess9 ment monitoring, establishing a 

10 groundwater protection standard, and 

11 assessment of corrective measures, the 

12 constituents described in appendix IV 

13 to part 257 of title 40, Code of Fed14 eral Regulations. 

15 ‘‘(ii) EXCEPTIONS AND ADDITIONAL

16 AUTHORITY.— 

17 ‘‘(I) ALTERNATIVE POINT OF

18 COMPLIANCE.—Notwithstanding sec19 tion 257.91(a)(2) of title 40, Code of 

20 Federal Regulations, the imple21 menting agency may establish the rel22 evant point of compliance for the 

23 down-gradient monitoring system as 

24 provided in section 258.51(a)(2) of 

25 title 40, Code of Federal Regulations. 


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1 ‘‘(II) ALTERNATIVE GROUND2 WATER PROTECTION STANDARDS.— 

3 Notwithstanding section 257.95(h) of 

4 title 40, Code of Federal Regulations, 

5 the implementing agency may estab6 lish an alternative groundwater pro7 tection standard as provided in section 

8 258.55(i) of title 40, Code of Federal 

9 Regulations. 

10 ‘‘(III) ABILITY TO DETERMINE

11 THAT CORRECTIVE ACTION IS NOT

12 NECESSARY OR TECHNICALLY FEA13 SIBLE.—Notwithstanding section 

14 257.97 of title 40, Code of Federal 

15 Regulations, the implementing agency 

16 may determine that remediation of a 

17 release from a structure is not nec18 essary as provided in section 

19 258.57(e) of title 40, Code of Federal 

20 Regulations. 

21 ‘‘(IV) AUTHORITY RELATING TO

22 RELEASES, OTHER THAN RELEASES

23 TO GROUNDWATER.—Notwithstanding 

24 sections 257.90(d) and 257.96(a) of 

25 title 40, Code of Federal Regulations, 


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1 the implementing agency may, with 

2 respect to a release from a structure, 

3 other than a release to groundwater, 

4 authorize, for purposes of complying 

5 with this section, remediation of such 

6 release in accordance with other appli7 cable Federal or State requirements if 

8 compliance with such requirements 

9 will result in the same level of protec10 tion as compliance with the criteria 

11 described in sections 257.96 through 

12 257.98 of title 40, Code of Federal 

13 Regulations, taking into consideration 

14 the nature of the release. 

15 ‘‘(V) GENERAL AUTHORITY RE16 LATING TO GROUNDWATER MONI17 TORING AND CORRECTIVE ACTION.— 

18 Notwithstanding sections 257.90 

19 through 257.98 of title 40, Code of 

20 Federal Regulations, the imple21 menting agency may authorize alter22 native groundwater monitoring and 

23 corrective action requirements pro24 vided that such requirements are no 

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1 quirements authorized to be estab2 lished under subpart E of part 258 of 

3 title 40, Code of Federal Regulations. 

4 ‘‘(VI) OPPORTUNITY FOR COR5 RECTIVE ACTION FOR UNLINED SUR6 FACE IMPOUNDMENTS.—Notwith7 standing section 257.101(a)(1) of title 

8 40, Code of Federal Regulations, the 

9 implementing agency may allow the 

10 owner or operator of an existing 

11 structure that is an unlined surface 

12 impoundment— 

13 ‘‘(aa) to continue to operate, 

14 pursuant to sections 257.96 

15 through 257.98 of title 40, Code 

16 of Federal Regulations, until the 

17 date that is 102 months after the 

18 date of enactment of this section; 

19 and 

20 ‘‘(bb) to continue to operate 

21 after such date as long as such 

22 unlined surface impoundment 

23 meets the groundwater protection 

24 standard established pursuant to 

25 this subparagraph and any other 


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1 applicable requirement estab2 lished pursuant to this section. 

3 ‘‘(C) CLOSURE.—For all structures, the 

4 criteria for closure described in sections 

5 257.101, 257.102, and 257.103 of title 40, 

6 Code of Federal Regulations, except— 

7 ‘‘(i) the criteria described in section 

8 257.101(a)(1) of title 40, Code of Federal 

9 Regulations, shall apply to an existing 

10 structure that is an unlined surface im11 poundment only if— 

12 ‘‘(I) the unlined surface im13 poundment is not allowed to continue 

14 operation pursuant to subparagraph 

15 (B)(ii)(VI)(aa); or 

16 ‘‘(II) in the case of an unlined 

17 surface impoundment that is allowed 

18 to continue operation pursuant to sub19 paragraph (B)(ii)(VI)(aa), the date 

20 described in such subparagraph has 

21 passed and the unlined surface im22 poundment does not meet the require23 ments described in subparagraph 

24 (B)(ii)(VI)(bb); 


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1 ‘‘(ii) the criteria described in section 

2 257.101(b)(1) of title 40, Code of Federal 

3 Regulations, shall not apply to existing 

4 structures, except as provided in subpara5 graphs (E)(i)(II) and (E)(ii); and 

6 ‘‘(iii) if an implementing agency has 

7 set a deadline under clause (i) or (ii) of 

8 subparagraph (L), the criteria described in 

9 section 257.101(b)(2) of title 40, Code of 

10 Federal Regulations, shall apply to struc11 tures that are surface impoundments only 

12 after such deadline. 

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

14 the criteria for post-closure care described in 

15 section 257.104 of title 40, Code of Federal 

16 Regulations. 

17 ‘‘(E) LOCATION RESTRICTIONS.— 

18 ‘‘(i) IN GENERAL.—The criteria for 

19 location restrictions described in— 

20 ‘‘(I) for new structures, including 

21 lateral expansions of existing struc22 tures, sections 257.60 through 257.64 

23 and 257.3–1 of title 40, Code of Fed24 eral Regulations; and 


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1 ‘‘(II) for existing structures, sec2 tions 257.64 and 257.3–1 of title 40, 

3 Code of Federal Regulations. 

4 ‘‘(ii) ADDITIONAL AUTHORITY.—The 

5 implementing agency may apply the cri6 teria described in sections 257.60 through 

7 257.63 of title 40, Code of Federal Regula8 tions, to existing structures that are sur9 face impoundments. 

10 ‘‘(F) AIR CRITERIA.—For all structures, 

11 the criteria for air quality described in section 

12 257.80 of title 40, Code of Federal Regulations. 

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

14 structures, the criteria for financial assurance 

15 described in subpart G of part 258 of title 40, 

16 Code of Federal Regulations. 

17 ‘‘(H) SURFACE WATER.—For all struc18 tures, the criteria for surface water described in 

19 section 257.3–3 of title 40, Code of Federal 

20 Regulations. 

21 ‘‘(I) RECORDKEEPING.—For all structures, 

22 the criteria for recordkeeping described in sec23 tion 257.105 of title 40, Code of Federal Regu24 lations. 


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1 ‘‘(J) RUN-ON AND RUN-OFF CONTROLS.— 

2 For all structures that are landfills, sand or 

3 gravel pits, or quarries, the criteria for run-on 

4 and run-off control described in section 257.81 

5 of title 40, Code of Federal Regulations. 

6 ‘‘(K) HYDROLOGIC AND HYDRAULIC CA7 PACITY REQUIREMENTS.—For all structures 

8 that are surface impoundments, the criteria for 

9 inflow design flood control systems described in 

10 section 257.82 of title 40, Code of Federal Reg11 ulations. 

12 ‘‘(L) STRUCTURAL INTEGRITY.—For struc13 tures that are surface impoundments, the cri14 teria for structural integrity described in sec15 tions 257.73 and 257.74 of title 40, Code of 

16 Federal Regulations, except that, notwith17 standing section 257.73(f)(4) of title 40, Code 

18 of Federal Regulations, the implementing agen19 cy may provide for— 

20 ‘‘(i) up to 30 days for an owner or op21 erator to complete a safety factor assess22 ment when an owner or operator has failed 

23 to meet an applicable periodic assessment 

24 deadline provided in section 257.73(f) of 

25 title 40, Code of Federal Regulations; and 


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1 ‘‘(ii) up to 12 months for an owner or 

2 operator to meet the safety factor assess3 ment criteria provided in section 

4 257.73(e)(1) of title 40, Code of Federal 

5 Regulations, if the implementing agency 

6 determines, through the initial safety fac7 tor assessment, that the structure does not 

8 meet such safety factor assessment criteria 

9 and that the structure does not pose an 

10 immediate threat of release. 

11 ‘‘(M) INSPECTIONS.—For all structures, 

12 the criteria described in sections 257.83 and 

13 257.84 of title 40, Code of Federal Regulations. 

14 ‘‘(3) PERMIT PROGRAM IMPLEMENTATION FOR

15 EXISTING STRUCTURES.— 

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

17 date on which a State submits a certification 

18 under subsection (b)(2), not later than 18 

19 months after the Administrator receives notice 

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

21 months after the date of enactment of this sec22 tion with respect to a coal combustion residuals 

23 permit program that is being implemented by 

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


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1 applicable, the implementing agency shall notify 

2 owners or operators of existing structures of— 

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

4 obtain a permit under subparagraph (C); 

5 and 

6 ‘‘(ii) the requirements referred to in 

7 subparagraph (B)(ii). 

8 ‘‘(B) COMPLIANCE WITH CERTAIN RE9 QUIREMENTS.— 

10 ‘‘(i) INITIAL DEADLINE FOR CERTAIN

11 REQUIREMENTS.—Not later than 8 months 

12 after the date of enactment of this section, 

13 the implementing agency shall require own14 ers or operators of existing structures to 

15 comply with— 

16 ‘‘(I) the requirements under 

17 paragraphs (2)(F), (2)(H), (2)(I), and 

18 (2)(M); and 

19 ‘‘(II) the requirement for a per20 manent identification marker under 

21 the criteria described in paragraph 

22 (2)(L). 

23 ‘‘(ii) SUBSEQUENT DEADLINE FOR

24 CERTAIN OTHER REQUIREMENTS.—Not 

25 later than 12 months after the date on 


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1 which a State submits a certification under 

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

3 months after the Administrator receives 

4 notice under subsection (e)(1)(A), or not 

5 later than 36 months after the date of en6 actment of this section with respect to a 

7 coal combustion residuals permit program 

8 that is being implemented by the Adminis9 trator under subsection (e)(3), as applica10 ble, the implementing agency shall require 

11 owners or operators of existing structures 

12 to comply with— 

13 ‘‘(I) the requirements under 

14 paragraphs (2)(B), (2)(G), (2)(J), 

15 (2)(K), and (2)(L); and 

16 ‘‘(II) the requirement for a writ17 ten closure plan under the criteria de18 scribed in paragraph (2)(C). 

19 ‘‘(C) PERMITS.— 

20 ‘‘(i) PERMIT DEADLINE.—Not later 

21 than 48 months after the date on which a 

22 State submits a certification under sub23 section (b)(2), not later than 66 months 

24 after the Administrator receives notice 

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


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1 than 72 months after the date of enact2 ment of this section with respect to a coal 

3 combustion residuals permit program that 

4 is being implemented by the Administrator 

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

6 implementing agency shall issue, with re7 spect to an existing structure, a final per8 mit incorporating the applicable require9 ments of the coal combustion residuals per10 mit program, or a final denial of an appli11 cation submitted requesting such a permit. 

12 ‘‘(ii) APPLICATION DEADLINE.—The 

13 implementing agency shall identify, in col14 laboration with the owner or operator of an 

15 existing structure, a reasonable deadline by 

16 which the owner or operator shall submit a 

17 permit application under clause (i). 

18 ‘‘(D) INTERIM OPERATION.— 

19 ‘‘(i) PRIOR TO DEADLINES.—Unless 

20 the implementing agency determines that 

21 the structure should close in accordance 

22 with the criteria described in paragraph 

23 (2)(C), with respect to any period of time 

24 on or after the date of enactment of this 

25 section but prior to the applicable deadline 


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1 in subparagraph (B), the owner or oper2 ator of an existing structure may continue 

3 to operate such structure until such appli4 cable deadline under any applicable regula5 tions in effect during such period. 

6 ‘‘(ii) PRIOR TO PERMIT.—Unless the 

7 implementing agency determines that the 

8 structure should close in accordance with 

9 the criteria described in paragraph (2)(C), 

10 if the owner or operator of an existing 

11 structure meets the requirements referred 

12 to in subparagraph (B) by the applicable 

13 deadline in such subparagraph, the owner 

14 or operator may operate the structure until 

15 such time as the implementing agency 

16 issues, under subparagraph (C), a final 

17 permit incorporating the requirements of 

18 the coal combustion residuals permit pro19 gram, or a final denial of an application 

20 submitted requesting such a permit. 

21 ‘‘(4) REQUIREMENTS FOR INACTIVE COAL COM22 BUSTION RESIDUALS SURFACE IMPOUNDMENTS.— 

23 ‘‘(A) NOTICE.—Not later than 2 months 

24 after the date of enactment of this section, each 

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1 tion residuals surface impoundment shall sub2 mit to the Administrator and the State in which 

3 such inactive coal combustion residuals surface 

4 impoundment is located a notice stating wheth5 er such inactive coal combustion residuals sur6 face impoundment will— 

7 ‘‘(i) not later than 3 years after the 

8 date of enactment of this section, complete 

9 closure in accordance with section 257.100 

10 of title 40, Code of Federal Regulations; or 

11 ‘‘(ii) comply with the requirements of 

12 the coal combustion residuals permit pro13 gram applicable to existing structures that 

14 are surface impoundments (except as pro15 vided in subparagraph (D)(ii)). 

16 ‘‘(B) EXTENSION.—In the case of an inac17 tive coal combustion residuals surface impound18 ment for which the owner or operator submits 

19 a notice described in subparagraph (A)(i), the 

20 implementing agency may extend the closure 

21 deadline provided in such subparagraph by a 

22 period of not more than 2 years if the owner or 

23 operator of such inactive coal combustion re24 siduals surface impoundment— 


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1 ‘‘(i) demonstrates to the satisfaction 

2 of the implementing agency that it is not 

3 feasible to complete closure of the inactive 

4 coal combustion residuals surface impound5 ment in accordance with section 257.100 

6 of title 40, Code of Federal Regulations, by 

7 the deadline provided in subparagraph 

8 (A)(i)— 

9 ‘‘(I) because of complications 

10 stemming from the climate or weath11 er, such as unusual amounts of pre12 cipitation or a significantly shortened 

13 construction season; 

14 ‘‘(II) because additional time is 

15 required to remove the liquid from the 

16 inactive coal combustion residuals sur17 face impoundment due to the volume 

18 of coal combustion residuals contained 

19 in the surface impoundment or the 

20 characteristics of the coal combustion 

21 residuals in such surface impound22 ment; 

23 ‘‘(III) because the geology and 

24 terrain surrounding the inactive coal 

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1 poundment will affect the amount of 

2 material needed to close the inactive 

3 coal combustion residuals surface im4 poundment; or 

5 ‘‘(IV) because additional time is 

6 required to coordinate with and obtain 

7 necessary approvals and permits; and 

8 ‘‘(ii) demonstrates to the satisfaction 

9 of the implementing agency that the inac10 tive coal combustion residuals surface im11 poundment does not pose an immediate 

12 threat of release. 

13 ‘‘(C) FINANCIAL ASSURANCE.—The imple14 menting agency shall require the owner or oper15 ator of an inactive surface impoundment that 

16 has closed pursuant to this paragraph to per17 form post-closure care in accordance with the 

18 criteria described in section 257.104(b)(1) of 

19 title 40, Code of Federal Regulations, and to 

20 provide financial assurance for such post-clo21 sure care in accordance with the criteria de22 scribed in section 258.72 of title 40, Code of 

23 Federal Regulations. 

24 ‘‘(D) TREATMENT AS STRUCTURE.— 


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1 ‘‘(i) IN GENERAL.—An inactive coal 

2 combustion residuals surface impoundment 

3 shall be treated as an existing structure 

4 that is a surface impoundment for the pur5 poses of this section, including with respect 

6 to the requirements of paragraphs (1) and 

7 (2), if— 

8 ‘‘(I) the owner or operator does 

9 not submit a notice in accordance 

10 with subparagraph (A); or 

11 ‘‘(II) the owner or operator sub12 mits a notice described in subpara13 graph (A)(ii). 

14 ‘‘(ii) INACTIVE COAL COMBUSTION RE15 SIDUALS SURFACE IMPOUNDMENTS THAT

16 FAIL TO CLOSE.—An inactive coal combus17 tion residuals surface impoundment for 

18 which the owner or operator submits a no19 tice described in subparagraph (A)(i) that 

20 does not close by the deadline provided 

21 under subparagraph (A)(i) or subpara22 graph (B), as applicable— 

23 ‘‘(I) shall be treated as an exist24 ing structure for purposes of this sec25 tion beginning on the date that is the 


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1 day after such applicable deadline, in2 cluding by— 

3 ‘‘(aa) being required to com4 ply with the requirements of 

5 paragraph (1), as applicable; and 

6 ‘‘(bb) being required to com7 ply, beginning on such date, with 

8 each requirement of paragraph 

9 (2); but 

10 ‘‘(II) shall not be required to 

11 comply with paragraph (3). 

12 ‘‘(d) FEDERAL REVIEW OF STATE PERMIT PRO13 GRAMS.— 

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

15 provide to a State written notice and an opportunity 

16 to remedy deficiencies in accordance with paragraph 

17 (3) if at any time the State— 

18 ‘‘(A) does not satisfy the notification re19 quirement under subsection (b)(1); 

20 ‘‘(B) has not submitted a certification as 

21 required under subsection (b)(2); 

22 ‘‘(C) does not satisfy the maintenance re23 quirement under subsection (b)(3); 

24 ‘‘(D) 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), that meets the require3 ments described in subsection (c); 

4 ‘‘(E) is not implementing a coal combus5 tion residuals permit program, with respect to 

6 which the State has submitted a certification 

7 under subsection (b)(2)— 

8 ‘‘(i) that is consistent with such cer9 tification; and 

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

11 have in effect statutes or regulations nec12 essary to implement such program; or 

13 ‘‘(F) does not make available to the Ad14 ministrator, within 90 days of a written re15 quest, specific information necessary for the 

16 Administrator to ascertain whether the State 

17 has satisfied the requirements described in sub18 paragraphs (A) through (E). 

19 ‘‘(2) REQUEST.—If a request described in para20 graph (1)(F) is proposed pursuant to a petition to 

21 the Administrator, the Administrator shall make the 

22 request only if the Administrator does not possess 

23 the information necessary to ascertain whether the 

24 State has satisfied the requirements described in 

25 subparagraphs (A) through (E) of paragraph (1). 


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

3 shall— 

4 ‘‘(A) include findings of the Administrator 

5 detailing any applicable deficiencies described in 

6 subparagraphs (A) through (F) of paragraph 

7 (1); and 

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

9 State, a reasonable deadline by which the State 

10 shall remedy such applicable deficiencies, which 

11 shall be— 

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

14 of paragraph (1), not earlier than 180 

15 days after the date on which the State re16 ceives the notice; and 

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

19 90 days after the date on which the State 

20 receives the notice. 

21 ‘‘(4) CONSIDERATIONS FOR DETERMINING DE22 FICIENCY OF STATE PERMIT PROGRAM.—In making 

23 a determination whether a State has failed to satisfy 

24 the requirements described in subparagraphs (A) 

25 through (E) of paragraph (1), or a determination 


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1 under subsection (e)(1)(B), the Administrator shall 

2 consider, as appropriate— 

3 ‘‘(A) whether the State’s statutes or regu4 lations to implement a coal combustion residu5 als permit program are not sufficient to meet 

6 the requirements described in subsection (c) be7 cause of— 

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

9 or enact new statutes or regulations when 

10 necessary; or 

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

12 court striking down or limiting such State 

13 statutes or regulations; 

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

15 coal combustion residuals permit program fails 

16 to comply with the requirements of subsection 

17 (c) because of— 

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

20 ‘‘(ii) repeated issuance by the State of 

21 permits that do not meet the requirements 

22 of subsection (c); 

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

24 with the public participation requirements 

25 of this section; or 


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

2 corrective action requirements required 

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

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

5 coal combustion residuals permit program fails 

6 to comply with the requirements of this section 

7 because of— 

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

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

11 inspect or otherwise determine compliance 

12 pursuant to the process identified under 

13 subsection (b)(2)(C)(iii)(I). 

14 ‘‘(e) IMPLEMENTATION BY ADMINISTRATOR.— 

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

16 Administrator shall implement a coal combustion re17 siduals permit program for a State if— 

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

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

20 State will not adopt and implement a permit 

21 program; 

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

23 subsection (d) and the Administrator deter24 mines, after providing a 30-day period for no25 tice and public comment, that the State has 


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1 failed, by the deadline identified in the notice 

2 under subsection (d)(3)(B), to remedy the defi3 ciencies detailed in the notice pursuant to sub4 section (d)(3)(A); or 

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

6 in writing, that such State will no longer imple7 ment such a permit program. 

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

9 a determination by the Administrator under this 

10 subsection as if the determination was a final regu11 lation for purposes of section 7006. 

12 ‘‘(3) OTHER STRUCTURES.—For structures and 

13 inactive coal combustion residuals surface impound14 ments located on property within the exterior bound15 aries of a State that the State does not have author16 ity or jurisdiction to regulate, the Administrator 

17 shall implement a coal combustion residuals permit 

18 program only for those structures and inactive coal 

19 combustion residuals surface impoundments. 

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

21 implements a coal combustion residuals permit pro22 gram under paragraph (1) or (3), the permit pro23 gram shall consist of the requirements described in 

24 subsection (c). 

25 ‘‘(5) ENFORCEMENT.— 


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

2 implements a coal combustion residuals permit 

3 program for a State under paragraph (1)— 

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

6 to coal combustion residuals, structures, 

7 and inactive coal combustion residuals sur8 face impoundments for which the Adminis9 trator is implementing the coal combustion 

10 residuals permit program; and 

11 ‘‘(ii) the Administrator may use those 

12 authorities to inspect, gather information, 

13 and enforce the requirements of this sec14 tion in the State. 

15 ‘‘(B) OTHER STRUCTURES.—If the Admin16 istrator implements a coal combustion residuals 

17 permit program under paragraph (3)— 

18 ‘‘(i) the authorities referred to in sec19 tion 4005(c)(2)(A) shall apply with respect 

20 to coal combustion residuals, structures, 

21 and inactive coal combustion residuals sur22 face impoundments for which the Adminis23 trator is implementing the coal combustion 

24 residuals permit program; and 


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1 ‘‘(ii) the Administrator may use those 

2 authorities to inspect, gather information, 

3 and enforce the requirements of this sec4 tion for the structures and inactive coal 

5 combustion residuals surface impound6 ments for which the Administrator is im7 plementing the coal combustion residuals 

8 permit program. 

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

10 Administrator implements a coal combustion residu11 als permit program under this subsection, the Ad12 ministrator shall provide a 30-day period for the 

13 public participation process required under sub14 section (c)(1)(B)(i). 

15 ‘‘(f) STATE CONTROL AFTER IMPLEMENTATION BY

16 ADMINISTRATOR.— 

17 ‘‘(1) STATE CONTROL.— 

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

19 AND IMPLEMENTATION BY STATE.—For a State 

20 for which the Administrator is implementing a 

21 coal combustion residuals permit program 

22 under subsection (e)(1)(A) or subsection 

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

24 such a permit program by— 


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1 ‘‘(i) notifying the Administrator that 

2 the State will adopt and implement such a 

3 permit program; 

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

5 date of such notification, submitting to the 

6 Administrator a certification under sub7 section (b)(2); and 

8 ‘‘(iii) receiving from the Adminis9 trator— 

10 ‘‘(I) a determination, after the 

11 Administrator provides for a 30-day 

12 period for notice and public comment, 

13 that the State coal combustion residu14 als permit program meets the require15 ments described in subsection (c); and 

16 ‘‘(II) a timeline for transition to 

17 the State coal combustion residuals 

18 permit program. 

19 ‘‘(B) REMEDYING DEFICIENT PERMIT PRO20 GRAM.—For a State for which the Adminis21 trator is implementing a coal combustion re22 siduals permit program under subsection 

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

24 such a permit program by— 


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1 ‘‘(i) remedying only the deficiencies 

2 detailed in the notice pursuant to sub3 section (d)(3)(A); and 

4 ‘‘(ii) receiving from the Adminis5 trator— 

6 ‘‘(I) a determination, after the 

7 Administrator provides for a 30-day 

8 period for notice and public comment, 

9 that the deficiencies detailed in such 

10 notice have been remedied; and 

11 ‘‘(II) a timeline for transition to 

12 the State coal combustion residuals 

13 permit program. 

14 ‘‘(2) REVIEW OF DETERMINATION.— 

15 ‘‘(A) DETERMINATION REQUIRED.—The 

16 Administrator shall make a determination 

17 under paragraph (1) not later than 90 days 

18 after the date on which the State submits a cer19 tification under paragraph (1)(A)(ii), or notifies 

20 the Administrator that the deficiencies have 

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

22 as applicable. 

23 ‘‘(B) REVIEW.—A State may obtain a re24 view of a determination by the Administrator 

25 under paragraph (1) as if such determination 


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1 was a final regulation for purposes of section 

2 7006. 

3 ‘‘(g) IMPLEMENTATION DURING TRANSITION.— 

4 ‘‘(1) EFFECT ON ACTIONS AND ORDERS.—Pro5 gram requirements of, and actions taken or orders 

6 issued pursuant to, a coal combustion residuals per7 mit program shall remain in effect if— 

8 ‘‘(A) a State takes control of its coal com9 bustion residuals permit program from the Ad10 ministrator under subsection (f)(1); or 

11 ‘‘(B) the Administrator takes control of a 

12 coal combustion residuals permit program from 

13 a State under subsection (e). 

14 ‘‘(2) CHANGE IN REQUIREMENTS.—Paragraph 

15 (1) shall apply to such program requirements, ac16 tions, and orders until such time as— 

17 ‘‘(A) the implementing agency that took 

18 control of the coal combustion residuals permit 

19 program changes the requirements of the coal 

20 combustion residuals permit program with re21 spect to the basis for the action or order; or 

22 ‘‘(B) with respect to an ongoing corrective 

23 action, the State or the Administrator, which24 ever took the action or issued the order, cerVerDate Sep 11 2014 04:39 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S1803.IS S1803

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1 tifies the completion of the corrective action 

2 that is the subject of the action or order. 

3 ‘‘(3) SINGLE PERMIT PROGRAM.—Except as 

4 otherwise provided in this subsection— 

5 ‘‘(A) if a State adopts and implements a 

6 coal combustion residuals permit program 

7 under subsection (f), the Administrator shall 

8 cease to implement the coal combustion residu9 als permit program implemented under sub10 section (e) for such State; and 

11 ‘‘(B) if the Administrator implements a 

12 coal combustion residuals permit program for a 

13 State under subsection (e)(1), the State shall 

14 cease to implement its coal combustion residu15 als permit program. 

16 ‘‘(h) EFFECT ON DETERMINATION UNDER 4005(c) 

17 OR 3006.—The Administrator shall not consider the im18 plementation of a coal combustion residuals permit pro19 gram by the Administrator under subsection (e) in making 

20 a determination of approval for a permit program or other 

21 system of prior approval and conditions under section 

22 4005(c) or of authorization for a program under section 

23 3006. 

24 ‘‘(i) AUTHORITY.— 


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1 ‘‘(1) STATE AUTHORITY.—Nothing in this sec2 tion shall preclude or deny any right of any State to 

3 adopt or enforce any regulation or requirement re4 specting coal combustion residuals that is more 

5 stringent or broader in scope than a regulation or 

6 requirement under this section. 

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

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

9 subsections (d), (e), and (g) of this section and 

10 section 6005, the Administrator shall, with re11 spect to the regulation of coal combustion re12 siduals under this Act, defer to the States pur13 suant to this section. 

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

15 section shall be construed as affecting the au16 thority of the Administrator under section 7003 

17 with respect to coal combustion residuals. 

18 ‘‘(C) ENFORCEMENT ASSISTANCE ONLY

19 UPON REQUEST.—Upon request from the head 

20 of a lead State implementing agency, the Ad21 ministrator may provide to such State agency 

22 only the enforcement assistance requested. 

23 ‘‘(D) CONCURRENT ENFORCEMENT.—Ex24 cept as provided in subparagraph (C) of this 

25 paragraph and subsection (g), the AdminisVerDate Sep 11 2014 04:39 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S1803.IS S1803

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1 trator shall not have concurrent enforcement 

2 authority when a State is implementing a coal 

3 combustion residuals permit program, including 

4 during any period of interim operation de5 scribed in subsection (c)(3)(D). 

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

7 shall be construed to affect the authority of a person 

8 to commence a civil action in accordance with sec9 tion 7002. 

10 ‘‘(j) MINE RECLAMATION ACTIVITIES.—A coal com11 bustion residuals permit program implemented by the Ad12 ministrator under subsection (e) shall not apply to the uti13 lization, placement, and storage of coal combustion residu14 als at surface or underground coal mining and reclamation 

15 operations. 

16 ‘‘(k) USE OF COAL COMBUSTION RESIDUALS.—Use 

17 of coal combustion residuals in any of the following ways 

18 shall not be considered to be receipt of coal combustion 

19 residuals for the purposes of this section: 

20 ‘‘(1) Use as— 

21 ‘‘(A) engineered structural fill constructed 

22 in accordance with— 

23 ‘‘(i) ASTM E2277 entitled ‘Standard 

24 Guide for Design and Construction of Coal 


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1 Ash Structural Fills’, including any 

2 amendment or revision to that guidance; 

3 ‘‘(ii) any other published national 

4 standard determined appropriate by the 

5 implementing agency; or 

6 ‘‘(iii) a State standard or program re7 lating to— 

8 ‘‘(I) fill operations for coal com9 bustion residuals; or 

10 ‘‘(II) the management of coal 

11 combustion residuals for beneficial 

12 use; or 

13 ‘‘(B) engineered structural fill for— 

14 ‘‘(i) a building site or foundation; 

15 ‘‘(ii) a base or embankment for a 

16 bridge, roadway, runway, or railroad; or 

17 ‘‘(iii) a dike, levee, berm, or dam that 

18 is not part of a structure. 

19 ‘‘(2) Storage in a manner that is consistent 

20 with the management of raw materials, if the coal 

21 combustion residuals being stored are intended to be 

22 used in a product or as a raw material. 

23 ‘‘(3) Beneficial use— 

24 ‘‘(A) that provides a functional benefit; 


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1 ‘‘(B) that is a substitute for the use of a 

2 virgin material; 

3 ‘‘(C) that meets relevant product specifica4 tions and regulatory or design standards; and 

5 ‘‘(D) if such use involves placement on the 

6 land of coal combustion residuals in non-road7 way applications, in an amount equal to or 

8 greater than the amount described in the defini9 tion of beneficial use in section 257.53 of title 

10 40, Code of Federal Regulations, for which the 

11 person using the coal combustion residuals 

12 demonstrates, and keeps records showing, that 

13 such use does not result in environmental re14 leases to groundwater, surface water, soil, or air 

15 that— 

16 ‘‘(i) are greater than those from a 

17 material or product that would be used in18 stead of the coal combustion residuals; or 

19 ‘‘(ii) exceed relevant regulatory and 

20 health-based benchmarks for human and 

21 ecological receptors. 

22 ‘‘(l) EFFECT OF RULE.— 

23 ‘‘(1) IN GENERAL.—With respect to the final 

24 rule entitled ‘Hazardous and Solid Waste Manage25 ment System; Disposal of Coal Combustion ResiduVerDate Sep 11 2014 04:39 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S1803.IS S1803

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1 als from Electric Utilities’ and published in the Fed2 eral Register on April 17, 2015 (80 Fed. Reg. 

3 21302)— 

4 ‘‘(A) such rule shall be implemented only 

5 through a coal combustion residuals permit pro6 gram under this section; and 

7 ‘‘(B) to the extent that any provision or re8 quirement of such rule conflicts, or is incon9 sistent, with a provision or requirement of this 

10 section, the provision or requirement of this 

11 section shall control. 

12 ‘‘(2) EFFECTIVE DATE.—For purposes of this 

13 section, any reference in part 257 of title 40, Code 

14 of Federal Regulations, to the effective date con15 tained in section 257.51 of such part shall be consid16 ered to be a reference to the date of enactment of 

17 this section, except that, in the case of any deadline 

18 established by such a reference that is in conflict 

19 with a deadline established by this section, the dead20 line established by this section shall control. 

21 ‘‘(3) APPLICABILITY OF OTHER REGULA22 TIONS.—The application of section 257.52 of title 

23 40, Code of Federal Regulations, is not affected by 

24 this section. 


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1 ‘‘(4) DEFINITIONS.—The definitions under sec2 tion 257.53 of title 40, Code of Federal Regulations, 

3 shall apply with respect to any criteria described in 

4 subsection (c) the requirements of which are incor5 porated into a coal combustion residuals permit pro6 gram under this section, except— 

7 ‘‘(A) as provided in paragraph (1); and 

8 ‘‘(B) a lead State implementing agency 

9 may make changes to such definitions if the 

10 lead State implementing agency— 

11 ‘‘(i) identifies the changes in the ex12 planation included with the certification 

13 submitted under subsection (b)(2)(C)(iii); 

14 and 

15 ‘‘(ii) provides in such explanation a 

16 reasonable basis for the changes. 

17 ‘‘(5) OTHER CRITERIA.—The criteria described 

18 in sections 257.106 and 257.107 of title 40, Code of 

19 Federal Regulations, may be incorporated into a coal 

20 combustion residuals permit program at the discre21 tion of the implementing agency. 

22 ‘‘(m) DEFINITIONS.—In this section: 

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

24 term ‘coal combustion residuals’ means the following 


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1 wastes generated by electric utilities and inde2 pendent power producers: 

3 ‘‘(A) The solid wastes listed in section 

4 3001(b)(3)(A)(i) that are generated primarily 

5 from the combustion of coal, including recover6 able materials 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 

12 comprise a relatively small proportion of the 

13 total wastes being disposed in the structure. 

14 ‘‘(C) Fluidized bed combustion wastes that 

15 are generated primarily from the combustion of 

16 coal. 

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. 

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 all of the authorities, activi2 ties, and procedures that comprise a system of prior 

3 approval and conditions implemented under this sec4 tion to regulate the management and disposal of coal 

5 combustion residuals. 

6 ‘‘(3) ELECTRIC UTILITY; INDEPENDENT POWER

7 PRODUCER.—The terms ‘electric utility’ and ‘inde8 pendent power producer’ include only electric utili9 ties and independent power producers that produce 

10 electricity on or after the date of enactment of this 

11 section. 

12 ‘‘(4) EXISTING STRUCTURE.—The term ‘exist13 ing structure’ means a structure the construction of 

14 which commenced before the date of enactment of 

15 this section. 

16 ‘‘(5) IMPLEMENTING AGENCY.—The term ‘im17 plementing agency’ means the agency responsible for 

18 implementing a coal combustion residuals permit 

19 program, which shall either be the lead State imple20 menting agency identified under subsection 

21 (b)(2)(C)(i) or the Administrator pursuant to sub22 section (e). 

23 ‘‘(6) INACTIVE COAL COMBUSTION RESIDUALS

24 SURFACE IMPOUNDMENT.—The term ‘inactive coal 

25 combustion residuals surface impoundment’ means a 


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1 surface impoundment, located at an electric utility 

2 or independent power producer, that, as of the date 

3 of enactment of this section— 

4 ‘‘(A) does not receive coal combustion re5 siduals; 

6 ‘‘(B) contains coal combustion residuals; 

7 and 

8 ‘‘(C) contains liquid. 

9 ‘‘(7) STRUCTURE.— 

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

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

12 landfill, surface impoundment, sand or gravel 

13 pit, or quarry that receives coal combustion re14 siduals on or after the date of enactment of this 

15 section. 

16 ‘‘(B) EXCEPTIONS.— 

17 ‘‘(i) MUNICIPAL SOLID WASTE LAND18 FILLS.—The term ‘structure’ does not in19 clude a municipal solid waste landfill. 

20 ‘‘(ii) DE MINIMIS RECEIPT.—The 

21 term ‘structure’ does not include any land22 fill or surface impoundment that receives 

23 only de minimis quantities of coal combus24 tion residuals if the presence of coal com25 bustion residuals is incidental to the mateVerDate Sep 11 2014 04:39 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S1803.IS S1803

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1 rial managed in the landfill or surface im2 poundment. 

3 ‘‘(8) UNLINED SURFACE IMPOUNDMENT.—The 

4 term ‘unlined surface impoundment’ means a sur5 face impoundment that does not have a liner system 

6 described in section 257.71 of title 40, Code of Fed7 eral Regulations.’’. 

8 (b) CONFORMING AMENDMENT.—The table of con9 tents contained in section 1001 of the Solid Waste Dis10 posal Act is amended by inserting after the item relating 

11 to section 4010 the following: 

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

12 SEC. 3. 2000 REGULATORY DETERMINATION. 

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

14 Act, shall be construed to alter in any manner the Envi15 ronmental Protection Agency’s regulatory determination 

16 entitled ‘‘Notice of Regulatory Determination on Wastes 

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

18 Fed. Reg. 32214 (May 22, 2000), that the fossil fuel com19 bustion wastes addressed in that determination do not 

20 warrant regulation under subtitle C of the Solid Waste 

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

22 SEC. 4. TECHNICAL ASSISTANCE. 

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

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

25 to request, or the Administrator of the Environmental 


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1 Protection Agency to provide, technical assistance under 

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

3 SEC. 5. FEDERAL POWER ACT. 

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

5 Act, shall be construed to affect the obligations of an 

6 owner or operator of a structure (as such term is defined 

7 in section 4011 of the Solid Waste Disposal Act, as added 

8 by this Act) under section 215(b)(1) of the Federal Power 

9 Act (16 U.S.C. 824o(b)(1)). 

Æ 


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