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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3512 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3512

   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 SENATE OF THE UNITED STATES

                             August 2, 2012

  Mr. Hoeven (for himself, Mr. Conrad, Mr. Baucus, Mr. McConnell, Mr. 
 Kohl, Mr. Portman, Ms. Landrieu, Mr. Boozman, Mr. Manchin, Mr. Blunt, 
   Mr. Warner, Mr. Johnson of Wisconsin, Mr. Pryor, Mr. Moran, Mrs. 
   McCaskill, Mr. Alexander, Mr. Nelson of Nebraska, Mr. Toomey, Mr. 
Nelson of Florida, Mr. Graham, Mr. Casey, Mr. Thune, Mr. Webb, and Mr. 
Hatch) 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 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.

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

SECTION 1. SHORT TITLE.

    This title may be cited as the ``Coal Ash Recycling and Oversight 
Act of 2012''.

SEC. 2. MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS.

    (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 
U.S.C. 6941 et seq.) is amended by adding at the end the following:

``SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS.

    ``(a) State Permit Programs for Coal Combustion Residuals.--Each 
State may adopt and implement a coal combustion residuals permit 
program.
    ``(b) State Actions.--
            ``(1) Notification.--Not later than 6 months after the date 
        of enactment of this section (except as provided by the 
        deadline identified under subsection (d)(3)(B)), the Governor 
        of each State shall notify the Administrator, in writing, 
        whether such State will adopt and implement a coal combustion 
        residuals permit program.
            ``(2) Certification.--
                    ``(A) In general.--Not later than 36 months after 
                the date of enactment of this section (except as 
                provided in subsections (f)(1)(A) and (f)(1)(C)), in 
                the case of a State that has notified the Administrator 
                that it will implement a coal combustion residuals 
                permit program, the head of the lead State agency 
                responsible for implementing the coal combustion 
                residuals permit program shall submit to the 
                Administrator a certification that such coal combustion 
                residuals permit program meets the specifications 
                described in subsection (c).
                    ``(B) Contents.--A certification submitted under 
                this paragraph shall include--
                            ``(i) a letter identifying the lead State 
                        agency responsible for implementing the coal 
                        combustion residuals permit program, signed by 
                        the head of such agency;
                            ``(ii) identification of any other State 
                        agencies involved with the implementation of 
                        the coal combustion residuals permit program;
                            ``(iii) a narrative description that 
                        provides an explanation of how the State will 
                        ensure that the coal combustion residuals 
                        permit program meets the requirements of this 
                        section, including a description of the 
                        State's--
                                    ``(I) process to inspect or 
                                otherwise determine compliance with 
                                such permit program;
                                    ``(II) process to enforce the 
                                requirements of such permit program;
                                    ``(III) public participation 
                                process for the promulgation, 
                                amendment, or repeal of regulations 
                                for, and the issuance of permits under, 
                                such permit program; and
                                    ``(IV) statutes, regulations, or 
                                policies pertaining to public access to 
                                information, such as groundwater 
                                monitoring data;
                            ``(iv) a legal certification that the State 
                        has, at the time of certification, fully 
                        effective statutes or regulations necessary to 
                        implement a coal combustion residuals permit 
                        program that meets the specifications described 
                        in subsection (c); and
                            ``(v) copies of State statutes and 
                        regulations described in clause (iv).
                    ``(C) Updates.--A State may update the 
                certification as needed to reflect changes to the coal 
                combustion residuals permit program.
            ``(3) Maintenance of 4005(c) or 3006 program.--In order to 
        adopt or implement a coal combustion residuals permit program 
        under this section (including pursuant to subsection (f)), the 
        State agency responsible for implementing a coal combustion 
        residuals permit program in a State shall maintain an approved 
        program under section 4005(c) or an authorized program under 
        section 3006.
    ``(c) Permit Program Specifications.--
            ``(1) Minimum requirements.--
                    ``(A) In general.--A coal combustion residuals 
                permit program shall apply the revised criteria 
                described in paragraph (2) to owners or operators of 
                structures, including surface impoundments, that 
                receive coal combustion residuals.
                    ``(B) Structural integrity.--
                            ``(i) Engineering certification.--A coal 
                        combustion residuals permit program shall 
                        require that an independent registered 
                        professional engineer certify that--
                                    ``(I) the design of structures is 
                                in accordance with recognized and 
                                generally accepted good engineering 
                                practices for containment of the 
                                maximum volume of coal combustion 
                                residuals and liquids appropriate for 
                                the structure; and
                                    ``(II) the construction and 
                                maintenance of the structure will 
                                ensure dam stability.
                            ``(ii) Inspection.--A coal combustion 
                        residuals permit program shall require that 
                        structures that are surface impoundments be 
                        inspected not less than annually by an 
                        independent registered professional engineer to 
                        assure that the design, operation, and 
                        maintenance of the surface impoundment is in 
                        accordance with recognized and generally 
                        accepted good engineering practices for 
                        containment of the maximum volume of coal 
                        combustion residuals and liquids which can be 
                        impounded, so as to ensure dam stability.
                            ``(iii) Deficiency.--
                                    ``(I) In general.--If the head of 
                                the agency responsible for implementing 
                                the coal combustion residuals permit 
                                program determines that a structure is 
                                deficient with respect to the 
                                requirements in clauses (i) and (ii), 
                                the head of the agency has the 
                                authority to require action to correct 
                                the deficiency according to a schedule 
                                determined by the agency.
                                    ``(II) Uncorrected deficiencies.--
                                If a deficiency is not corrected 
                                according to the schedule, the head of 
                                the agency has the authority to require 
                                that the structure close in accordance 
                                with subsection (h).
                    ``(C) Location.--Each structure that first receives 
                coal combustion residuals after the date of enactment 
                of this section shall be constructed with a base 
                located a minimum of 2 feet above the upper limit of 
                the water table, unless it is demonstrated to the 
                satisfaction of the agency responsible for implementing 
                the coal combustion residuals permit program that--
                            ``(i) the hydrogeologic characteristics of 
                        the structure and surrounding land would 
                        preclude such a requirement; and
                            ``(ii) the function and integrity of the 
                        liner system will not be adversely impacted by 
                        contact with the water table.
                    ``(D) Wind dispersal.--
                            ``(i) In general.--The agency responsible 
                        for implementing the coal combustion residuals 
                        permit program shall require that owners or 
                        operators of structures address wind dispersal 
                        of dust by requiring cover, or by wetting coal 
                        combustion residuals with water to a moisture 
                        content that prevents wind dispersal, 
                        facilitates compaction, and does not result in 
                        free liquids.
                            ``(ii) Alternative methods.--Subject to the 
                        review and approval by the agency, owners or 
                        operators of structures may propose alternative 
                        methods to address wind dispersal of dust that 
                        will provide comparable or more effective 
                        control of dust.
                    ``(E) Permits.--The agency responsible for 
                implementing the coal combustion residuals permit 
                program shall require that the owner or operator of 
                each structure that receives coal combustion residuals 
                after the date of enactment of this section apply for 
                and obtain a permit incorporating the requirements of 
                the coal combustion residuals permit program.
                    ``(F) State notification and groundwater 
                monitoring.--
                            ``(i) Notification.--Not later than the 
                        date on which a State submits a certification 
                        under subsection (b)(2), the State shall notify 
                        owners or operators of structures within the 
                        State of--
                                    ``(I) the obligation to apply for 
                                and obtain a permit under subparagraph 
                                (E); and
                                    ``(II) the groundwater monitoring 
                                requirements applicable to structures 
                                under paragraph (2)(A)(ii).
                            ``(ii) Groundwater monitoring.--Not later 
                        than 1 year after the date on which a State 
                        submits a certification under subsection 
                        (b)(2), the State shall require the owner or 
                        operator of each structure to comply with the 
                        groundwater monitoring requirements under 
                        paragraph (2)(A)(ii).
                    ``(G) Agency requirements.--Except for information 
                described in section 1905 of title 18, United States 
                Code, the agency responsible for implementing the coal 
                combustion residuals permit program shall ensure that--
                            ``(i) documents for permit determinations 
                        are made available for public review and 
                        comment under the public participation process 
                        described in subsection (b)(2)(B)(iii)(III);
                            ``(ii) final determinations on permit 
                        applications are made known to the public; and
                            ``(iii) groundwater monitoring data 
                        collected under paragraph (2) is publicly 
                        available.
                    ``(H) Agency authority.--
                            ``(i) In general.--The agency responsible 
                        for implementing the coal combustion residuals 
                        permit program has the authority to--
                                    ``(I) obtain information necessary 
                                to determine whether the owner or 
                                operator of a structure is in 
                                compliance with the coal combustion 
                                residuals permit program requirements 
                                of this section;
                                    ``(II) conduct or require 
                                monitoring and testing to ensure that 
                                structures are in compliance with the 
                                coal combustion residuals permit 
                                program requirements of this section; 
                                and
                                    ``(III) enter, at reasonable times, 
                                any site or premise subject to the coal 
                                combustion residuals permit program for 
                                the purpose of inspecting structures 
                                and reviewing records relevant to the 
                                operation and maintenance of 
                                structures.
                            ``(ii) Monitoring and testing.--If 
                        monitoring or testing is conducted under clause 
                        (i)(II) by or for the agency responsible for 
                        implementing the coal combustion residuals 
                        permit program, the agency shall, if requested, 
                        provide to the owner or operator--
                                    ``(I) a written description of the 
                                monitoring or testing completed;
                                    ``(II) at the time of sampling, a 
                                portion of each sample equal in volume 
                                or weight to the portion retained by or 
                                for the agency; and
                                    ``(III) a copy of the results of 
                                any analysis of samples collected by or 
                                for the agency.
                    ``(I) State authority.--A State implementing a coal 
                combustion residuals permit program has the authority 
                to--
                            ``(i) inspect structures; and
                            ``(ii) implement and enforce the coal 
                        combustion residuals permit program.
                    ``(J) Requirements for surface impoundments that do 
                not meet certain criteria.--
                            ``(i) In general.--In addition to the 
                        groundwater monitoring and corrective action 
                        requirements described in paragraph (2)(A)(ii), 
                        a coal combustion residuals permit program 
                        shall require a surface impoundment that 
                        receives coal combustion residuals after the 
                        date of enactment of this section to--
                                    ``(I) comply with the requirements 
                                in clause (ii)(I)(aa) and subclauses 
                                (II) through (IV) of clause (ii) if the 
                                surface impoundment--
                                            ``(aa) does not--

                                                    ``(AA) have a liner 
                                                system described in 
                                                section 258.40(b) of 
                                                title 40, Code of 
                                                Federal Regulations; 
                                                and

                                                    ``(BB) meet the 
                                                design criteria 
                                                described in section 
                                                258.40(a)(1) of title 
                                                40, Code of Federal 
                                                Regulations; and

                                            ``(bb) within 10 years 
                                        after the date of enactment of 
                                        this section, is required under 
                                        section 258.56(a) of title 40, 
                                        Code of Federal Regulations, to 
                                        undergo an assessment of 
                                        corrective measures for any 
                                        constituent identified in 
                                        paragraph (2)(A)(ii) for which 
                                        assessment groundwater 
                                        monitoring is required; and
                                    ``(II) comply with the requirements 
                                in clause (ii)(I)(bb) and subclauses 
                                (II) through (IV) of clause (ii) if the 
                                surface impoundment--
                                            ``(aa) does not--

                                                    ``(AA) have a liner 
                                                system described in 
                                                section 258.40(b) of 
                                                title 40, Code of 
                                                Federal Regulations; 
                                                and

                                                    ``(BB) meet the 
                                                design criteria 
                                                described in section 
                                                258.40(a)(1) of title 
                                                40, Code of Federal 
                                                Regulations; and

                                            ``(bb) as of the date of 
                                        enactment of this section, is 
                                        subject to a State corrective 
                                        action requirement.
                            ``(ii) Requirements.--
                                    ``(I) Deadlines.--
                                            ``(aa) In general.--Except 
                                        as provided in item (bb), 
                                        subclause (IV), and clause 
                                        (iii), the groundwater 
                                        protection standard for 
                                        structures identified in clause 
                                        (i)(I) established by the 
                                        agency responsible for 
                                        implementing the coal 
                                        combustion residuals permit 
                                        program under section 258.55(h) 
                                        or 258.55(i) of title 40, Code 
                                        of Federal Regulations, for any 
                                        constituent for which 
                                        corrective measures are 
                                        required shall be met--

                                                    ``(AA) as soon as 
                                                practicable at the 
                                                relevant point of 
                                                compliance, as 
                                                described in section 
                                                258.40(d) of title 40, 
                                                Code of Federal 
                                                Regulations; and

                                                    ``(BB) not later 
                                                than 10 years after the 
                                                date of enactment of 
                                                this section.

                                            ``(bb) Impoundments subject 
                                        to state corrective action 
                                        requirements.--Except as 
                                        provided in subclause (IV), the 
                                        groundwater protection standard 
                                        for structures identified in 
                                        clause (i)(II) established by 
                                        the agency responsible for 
                                        implementing the coal 
                                        combustion residuals permit 
                                        program under section 258.55(h) 
                                        or 258.55(i) of title 40, Code 
                                        of Federal Regulations, for any 
                                        constituent for which 
                                        corrective measures are 
                                        required shall be met--

                                                    ``(AA) as soon as 
                                                practicable at the 
                                                relevant point of 
                                                compliance, as 
                                                described in section 
                                                258.40(d) of title 40, 
                                                Code of Federal 
                                                Regulations; and

                                                    ``(BB) not later 
                                                than 8 years after the 
                                                date of enactment of 
                                                this section.

                                    ``(II) Closure.--If the deadlines 
                                under clause (I) are not satisfied, the 
                                structure shall cease receiving coal 
                                combustion residuals and initiate 
                                closure under subsection (h).
                                    ``(III) Interim measures.--
                                            ``(aa) In general.--Except 
                                        as provided in item (bb), not 
                                        later than 90 days after the 
                                        date on which the assessment of 
                                        corrective measures is 
                                        initiated, the owner or 
                                        operator shall implement 
                                        interim measures, as necessary, 
                                        under the factors in section 
                                        258.58(a)(3) of title 40, Code 
                                        of Federal Regulations.
                                            ``(bb) Impoundments subject 
                                        to state corrective action 
                                        requirements.--Item (aa) shall 
                                        only apply to surface 
                                        impoundments subject to a State 
                                        corrective action requirement 
                                        as of the date of enactment of 
                                        this section if the owner or 
                                        operator has not implemented 
                                        interim measures, as necessary, 
                                        under the factors in section 
                                        258.58(a)(3) of title 40, Code 
                                        of Federal Regulations.
                                    ``(IV) Extension of deadline.--
                                            ``(aa) In general.--Except 
                                        as provided in item (bb), the 
                                        deadline for meeting a 
                                        groundwater protection standard 
                                        under subclause (I) may be 
                                        extended by the agency 
                                        responsible for implementing 
                                        the coal combustion residuals 
                                        permit program, after 
                                        opportunity for public notice 
                                        and comment under the public 
                                        participation process described 
                                        in subsection 
                                        (b)(2)(B)(iii)(III), based on--

                                                    ``(AA) the 
                                                effectiveness of any 
                                                interim measures 
                                                implemented by the 
                                                owner or operator of 
                                                the facility under 
                                                section 258.58(a)(3) of 
                                                title 40, Code of 
                                                Federal Regulations;

                                                    ``(BB) the level of 
                                                progress demonstrated 
                                                in meeting the 
                                                groundwater protection 
                                                standard;

                                                    ``(CC) the 
                                                potential for other 
                                                adverse human health or 
                                                environmental exposures 
                                                attributable to the 
                                                contamination from the 
                                                surface impoundment 
                                                undergoing corrective 
                                                action; and

                                                    ``(DD) the lack of 
                                                available alternative 
                                                management capacity for 
                                                the coal combustion 
                                                residuals and related 
                                                materials managed in 
                                                the impoundment at the 
                                                facility at which the 
                                                impoundment is located 
                                                if the owner or 
                                                operator has used best 
                                                efforts, as necessary, 
                                                to design, obtain any 
                                                necessary permits, 
                                                finance, construct, and 
                                                render operational the 
                                                alternative management 
                                                capacity during the 
                                                time period for meeting 
                                                a groundwater 
                                                protection standard in 
                                                subclause (I).

                                            ``(bb) Exception.--The 
                                        deadlines under subclause (I) 
                                        shall not be extended if there 
                                        has been contamination of 
                                        public or private drinking 
                                        water systems attributable to a 
                                        surface impoundment undergoing 
                                        corrective action, unless the 
                                        contamination has been 
                                        addressed by providing a 
                                        permanent replacement water 
                                        system.
                            ``(iii) Subsequent closure.--
                                    ``(I) In general.--In addition to 
                                the groundwater monitoring and 
                                corrective action requirements 
                                described in paragraph (2)(A)(ii), a 
                                coal combustion residuals permit 
                                program shall require a surface 
                                impoundment that receives coal 
                                combustion residuals after the date of 
                                enactment of this section to comply 
                                with the requirements in subclause (II) 
                                if the surface impoundment--
                                            ``(aa) does not--

                                                    ``(AA) have a liner 
                                                system described in 
                                                section 258.40(b) of 
                                                title 40, Code of 
                                                Federal Regulations; 
                                                and

                                                    ``(BB) meet the 
                                                design criteria 
                                                described in section 
                                                258.40(a)(1) of title 
                                                40, Code of Federal 
                                                Regulations;

                                            ``(bb) more than 10 years 
                                        after the date of enactment of 
                                        this section, is required under 
                                        section 258.56(a) of title 40, 
                                        Code of Federal Regulations, to 
                                        undergo an assessment of 
                                        corrective measures for any 
                                        constituent identified in 
                                        paragraph (2)(A)(ii) for which 
                                        assessment groundwater 
                                        monitoring is required; and
                                            ``(cc) is not subject to 
                                        the requirements in clause 
                                        (ii).
                                    ``(II) Requirements.--
                                            ``(aa) Closure.--The 
                                        structures identified in 
                                        subclause (I) shall cease 
                                        receiving coal combustion 
                                        residuals and initiate closure 
                                        in accordance with subsection 
                                        (h) after alternative 
                                        management capacity for the 
                                        coal combustion residuals and 
                                        related materials managed in 
                                        the impoundment at the facility 
                                        is available.
                                            ``(bb) Best efforts.--The 
                                        alternative management capacity 
                                        shall be developed as soon as 
                                        practicable with the owner or 
                                        operator using best efforts to 
                                        design, obtain necessary 
                                        permits, finance, construct, 
                                        and render operational the 
                                        alternative management 
                                        capacity.
                                            ``(cc) Alternative 
                                        management capacity plan.--The 
                                        owner or operator shall, in 
                                        collaboration with the agency 
                                        responsible for implementing 
                                        the coal combustion residuals 
                                        permit program, prepare a 
                                        written plan that describes the 
                                        steps necessary to develop the 
                                        alternative management capacity 
                                        and includes a schedule for 
                                        completion.
                                            ``(dd) Public 
                                        participation.--The plan 
                                        described in item (cc) shall be 
                                        subject to public notice and 
                                        comment under the public 
                                        participation process described 
                                        in subsection 
                                        (b)(2)(B)(iii)(III).
            ``(2) Revised criteria.--The revised criteria described in 
        this paragraph are--
                    ``(A) the revised criteria for design, groundwater 
                monitoring, corrective action, closure, and post-
                closure, for structures, including--
                            ``(i) for new structures, and lateral 
                        expansions of existing structures, that first 
                        receive coal combustion residuals after the 
                        date of enactment of this section, the revised 
                        criteria regarding design requirements 
                        described in section 258.40 of title 40, Code 
                        of Federal Regulations, except that the 
                        leachate collection system requirements 
                        described in section 258.40(a)(2) of title 40, 
                        Code of Federal Regulations do not apply to 
                        structures that are surface impoundments;
                            ``(ii) for all structures that receive coal 
                        combustion residuals after the date of 
                        enactment of this section, the revised criteria 
                        regarding groundwater monitoring and corrective 
                        action requirements described in subpart E of 
                        part 258 of title 40, Code of Federal 
                        Regulations, except that, for the purposes of 
                        this paragraph, the revised criteria shall also 
                        include--
                                    ``(I) for the purposes of detection 
                                monitoring, the constituents boron, 
                                chloride, conductivity, fluoride, 
                                mercury, pH, sulfate, sulfide, and 
                                total dissolved solids; and
                                    ``(II) for the purposes of 
                                assessment monitoring, establishing a 
                                groundwater protection standard, and 
                                assessment of corrective measures, the 
                                constituents aluminum, boron, chloride, 
                                fluoride, iron, manganese, molybdenum, 
                                pH, sulfate, and total dissolved 
                                solids;
                            ``(iii) for all structures that receive 
                        coal combustion residuals after the date of 
                        enactment of this section, in a manner 
                        consistent with subsection (h), the revised 
                        criteria for closure described in subsections 
                        (a) through (c) and (h) through (j) of section 
                        258.60 of title 40, Code of Federal 
                        Regulations; and
                            ``(iv) for all structures that receive coal 
                        combustion residuals after the date of 
                        enactment of this section, the revised criteria 
                        for post-closure care described in section 
                        258.61 of title 40, Code of Federal 
                        Regulations, except for the requirement 
                        described in subsection (a)(4) of that section;
                    ``(B) the revised criteria for location 
                restrictions described in--
                            ``(i) for new structures, and lateral 
                        expansions of existing structures, that first 
                        receive coal combustion residuals after the 
                        date of enactment of this section, sections 
                        258.11 through 258.15 of title 40, Code of 
                        Federal Regulations; and
                            ``(ii) for existing structures that receive 
                        coal combustion residuals after the date of 
                        enactment of this section, sections 258.11 and 
                        258.15 of title 40, Code of Federal 
                        Regulations;
                    ``(C) for all structures that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for air quality 
                described in section 258.24 of title 40, Code of 
                Federal Regulations;
                    ``(D) for all structures that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for financial 
                assurance described in subpart G of part 258 of title 
                40, Code of Federal Regulations;
                    ``(E) for all structures that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for surface water 
                described in section 258.27 of title 40, Code of 
                Federal Regulations;
                    ``(F) for all structures that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for recordkeeping 
                described in section 258.29 of title 40, Code of 
                Federal Regulations;
                    ``(G) for landfills and other land-based units, 
                other than surface impoundments, that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for run-on and run-
                off control systems described in section 258.26 of 
                title 40, Code of Federal Regulations; and
                    ``(H) for surface impoundments that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for run-off control 
                systems described in section 258.26(a)(2) of title 40, 
                Code of Federal Regulations.
    ``(d) Written Notice and Opportunity to Remedy.--
            ``(1) In general.--The Administrator shall provide to a 
        State written notice and an opportunity to remedy deficiencies 
        in accordance with paragraph (2) if at any time the State--
                    ``(A) does not satisfy the notification requirement 
                under subsection (b)(1);
                    ``(B) has not submitted a certification under 
                subsection (b)(2);
                    ``(C) does not satisfy the maintenance requirement 
                under subsection (b)(3);
                    ``(D) is not implementing a coal combustion 
                residuals permit program that--
                            ``(i) meets the specifications described in 
                        subsection (c); or
                            ``(ii)(I) is consistent with the 
                        certification under subsection (b)(2)(B)(iii); 
                        and
                            ``(II) maintains fully effective statutes 
                        or regulations necessary to implement a coal 
                        combustion residuals permit program; or
                    ``(E) does not make available to the Administrator 
                within 90 days of a written request, specific 
                information necessary for the Administrator to 
                ascertain whether the State has complied with 
                subparagraphs (A) through (D).
            ``(2) Request.--If the request described in paragraph 
        (1)(E) is made pursuant to a petition of the Administrator, the 
        Administrator shall only make the request if the Administrator 
        does not possess the information necessary to ascertain whether 
        the State has complied with subparagraphs (A) through (D) of 
        paragraph (1).
            ``(3) Contents of notice; deadline for response.--A notice 
        provided under this subsection shall--
                    ``(A) include findings of the Administrator 
                detailing any applicable deficiencies in--
                            ``(i) compliance by the State with the 
                        notification requirement under subsection 
                        (b)(1);
                            ``(ii) compliance by the State with the 
                        certification requirement under subsection 
                        (b)(2);
                            ``(iii) compliance by the State with the 
                        maintenance requirement under subsection 
                        (b)(3);
                            ``(iv) the State coal combustion residuals 
                        permit program in meeting the specifications 
                        described in subsection (c); and
                            ``(v) compliance by the State with the 
                        request under paragraph (1)(E); and
                    ``(B) identify, in collaboration with the State, a 
                reasonable deadline, by which the State shall remedy 
                the deficiencies detailed under subparagraph (A), which 
                shall be--
                            ``(i) in the case of a deficiency described 
                        in clauses (i) through (iv) of subparagraph 
                        (A), not earlier than 180 days after the date 
                        on which the State receives the notice; and
                            ``(ii) in the case of a deficiency 
                        described in subparagraph (A)(v), not later 
                        than 90 days after the date on which the State 
                        receives the notice.
    ``(e) Implementation by Administrator.--
            ``(1) In general.--The Administrator shall implement a coal 
        combustion residuals permit program for a State only if--
                    ``(A) the Governor of the State notifies the 
                Administrator under subsection (b)(1) that the State 
                will not adopt and implement a permit program;
                    ``(B) the State has received a notice under 
                subsection (d) and the Administrator determines, after 
                providing a 30-day period for notice and public 
                comment, that the State has failed, by the deadline 
                identified in the notice under subsection (d)(3)(B), to 
                remedy the deficiencies detailed in the notice under 
                subsection (d)(3)(A); or
                    ``(C) the State informs the Administrator, in 
                writing, that such State will no longer implement such 
                a permit program.
            ``(2) Review.--A State may obtain a review of a 
        determination by the Administrator under this subsection as if 
        the determination was a final regulation for purposes of 
        section 7006.
            ``(3) Other structures.--For structures located on property 
        within the exterior boundaries of a State for which the State 
        does not have authority or jurisdiction to regulate, the 
        Administrator shall implement a coal combustion residuals 
        permit program only for those structures.
            ``(4) Requirements.--If the Administrator implements a coal 
        combustion residuals permit program for a State under paragraph 
        (1) or (3), the permit program shall consist of the 
        specifications described in subsection (c).
            ``(5) Enforcement.--
                    ``(A) In general.--If the Administrator implements 
                a coal combustion residuals permit program for a State 
                under paragraph (1)--
                            ``(i) the authorities referred to in 
                        section 4005(c)(2)(A) shall apply with respect 
                        to coal combustion residuals and structures for 
                        which the Administrator is implementing the 
                        coal combustion residuals permit program; and
                            ``(ii) the Administrator may use those 
                        authorities to inspect, gather information, and 
                        enforce the requirements of this section in the 
                        State.
                    ``(B) Other structures.--If the Administrator 
                implements a coal combustion residuals permit program 
                for a State under paragraph (3)--
                            ``(i) the authorities referred to in 
                        section 4005(c)(2)(A) shall apply with respect 
                        to coal combustion residuals and structures for 
                        which the Administrator is implementing the 
                        coal combustion residuals permit program; and
                            ``(ii) the Administrator may use those 
                        authorities to inspect, gather information, and 
                        enforce the requirements of this section for 
                        the structures for which the Administrator is 
                        implementing the coal combustion residuals 
                        permit program.
    ``(f) State Control After Implementation by Administrator.--
            ``(1) State control.--
                    ``(A) New adoption and implementation by state.--
                For a State for which the Administrator is implementing 
                a coal combustion residuals permit program under 
                subsection (e)(1)(A), the State may adopt and implement 
                such a permit program by--
                            ``(i) notifying the Administrator that the 
                        State will adopt and implement such a permit 
                        program;
                            ``(ii) not later than 6 months after the 
                        date of such notification, submitting to the 
                        Administrator a certification under subsection 
                        (b)(2); and
                            ``(iii) receiving from the Administrator--
                                    ``(I) a determination, after 
                                providing a 30-day period for notice 
                                and public comment that the State coal 
                                combustion residuals permit program 
                                meets the specifications described in 
                                subsection (c); and
                                    ``(II) a timeline for transition of 
                                control of the coal combustion 
                                residuals permit program.
                    ``(B) Remedying deficient permit program.--For a 
                State for which the Administrator is implementing a 
                coal combustion residuals permit program under 
                subsection (e)(1)(B), the State may adopt and implement 
                such a permit program by--
                            ``(i) remedying only the deficiencies 
                        detailed in the notice provided under 
                        subsection (d)(3)(A); and
                            ``(ii) receiving from the Administrator--
                                    ``(I) a determination, after 
                                providing a 30-day period for notice 
                                and public comment, that the 
                                deficiencies detailed in such notice 
                                have been remedied; and
                                    ``(II) a timeline for transition of 
                                control of the coal combustion 
                                residuals permit program.
                    ``(C) Resumption of implementation by state.--For a 
                State for which the Administrator is implementing a 
                coal combustion residuals permit program under 
                subsection (e)(1)(C), the State may adopt and implement 
                such a permit program by--
                            ``(i) notifying the Administrator that the 
                        State will adopt and implement such a permit 
                        program;
                            ``(ii) not later than 6 months after the 
                        date of such notification, submitting to the 
                        Administrator a certification under subsection 
                        (b)(2); and
                            ``(iii) receiving from the Administrator--
                                    ``(I) a determination, after 
                                providing a 30-day period for notice 
                                and public comment, that the State coal 
                                combustion residuals permit program 
                                meets the specifications described in 
                                subsection (c); and
                                    ``(II) a timeline for transition of 
                                control of the coal combustion 
                                residuals permit program.
            ``(2) Review of determination.--
                    ``(A) Determination required.--The Administrator 
                shall make a determination under paragraph (1) not 
                later than 90 days after the date on which the State 
                submits a certification under paragraph (1)(A)(ii) or 
                (1)(C)(ii), or notifies the Administrator that the 
                deficiencies have been remedied pursuant to paragraph 
                (1)(B)(i), as applicable.
                    ``(B) Review.--A State may obtain a review of a 
                determination by the Administrator under paragraph (1) 
                as if such determination was a final regulation for 
                purposes of section 7006.
            ``(3) Implementation during transition.--
                    ``(A) Effect on actions and orders.--Actions taken 
                or orders issued pursuant to a coal combustion 
                residuals permit program shall remain in effect if--
                            ``(i) a State takes control of its coal 
                        combustion residuals permit program from the 
                        Administrator under paragraph (1); or
                            ``(ii) the Administrator takes control of a 
                        coal combustion residuals permit program from a 
                        State under subsection (e).
                    ``(B) Change in requirements.--Subparagraph (A) 
                shall apply to such actions and orders until such time 
                as the Administrator or the head of the lead State 
                agency responsible for implementing the coal combustion 
                residuals permit program, as applicable--
                            ``(i) implements changes to the 
                        requirements of the coal combustion residuals 
                        permit program with respect to the basis for 
                        the action or order; or
                            ``(ii) certifies the completion of a 
                        corrective action that is the subject of the 
                        action or order.
            ``(4) Single permit program.--If a State adopts and 
        implements a coal combustion residuals permit program under 
        this subsection, the Administrator shall cease to implement the 
        permit program implemented under subsection (e)(1) for such 
        State.
    ``(g) Effect on Determination Under 4005(c) or 3006.--The 
Administrator shall not consider the implementation of a coal 
combustion residuals permit program by the Administrator under 
subsection (e) in making a determination of approval for a permit 
program or other system of prior approval and conditions under section 
4005(c) or of authorization for a program under section 3006.
    ``(h) Closure.--
            ``(1) In general.--If it is determined, pursuant to a coal 
        combustion residuals permit program, that a structure should 
        close, the time period and method for the closure of such 
        structure shall be set forth in a closure plan that establishes 
        a deadline for completion and that takes into account the 
        nature and the site-specific characteristics of the structure 
        to be closed.
            ``(2) Surface impoundment.--In the case of a surface 
        impoundment, the closure plan under paragraph (1) shall 
        require, at a minimum, the removal of liquid and the 
        stabilization of remaining waste, as necessary to support the 
        final cover.
    ``(i) Authority.--
            ``(1) State authority.--Nothing in this section shall 
        preclude or deny any right of any State to adopt or enforce any 
        regulation or requirement respecting coal combustion residuals 
        that is more stringent or broader in scope than a regulation or 
        requirement under this section.
            ``(2) Authority of the administrator.--
                    ``(A) In general.--Except as provided in 
                subsections (d) and (e) and section 6005, the 
                Administrator shall, with respect to the regulation of 
                coal combustion residuals, defer to the States pursuant 
                to this section.
                    ``(B) Imminent hazard.--Nothing in this section 
                shall be construed as affecting the authority of the 
                Administrator under section 7003 with respect to coal 
                combustion residuals.
                    ``(C) Enforcement assistance only upon request.--
                Upon request from the head of a lead State agency that 
                is implementing a coal combustion residuals permit 
                program, the Administrator may provide to such State 
                agency only the enforcement assistance requested.
                    ``(D) Concurrent enforcement.--Except as provided 
                in subparagraph (C), the Administrator shall not have 
                concurrent enforcement authority when a State is 
                implementing a coal combustion residuals permit 
                program.
                    ``(E) Other authority.--The Administrator shall not 
                have authority to finalize the proposed rule published 
                at pages 35128 through 35264 of volume 75 of the 
                Federal Register (June 21, 2010).
            ``(3) Citizen suits.--Nothing in this section shall be 
        construed to affect the authority of a person to commence a 
        civil action in accordance with section 7002.
    ``(j) Mine Reclamation Activities.--A coal combustion residuals 
permit program implemented by the Administrator under subsection (e) 
shall not apply to the utilization, placement, and storage of coal 
combustion residuals at surface mining and reclamation operations.
    ``(k) Definitions.--In this section:
            ``(1) Coal combustion residuals.--The term `coal combustion 
        residuals' means--
                    ``(A) the solid wastes listed in section 
                3001(b)(3)(A)(i), including recoverable materials from 
                such wastes;
                    ``(B) coal combustion wastes that are co-managed 
                with wastes produced in conjunction with the combustion 
                of coal, provided that such wastes are not segregated 
                and disposed of separately from the coal combustion 
                wastes and comprise a relatively small proportion of 
                the total wastes being disposed in the structure;
                    ``(C) fluidized bed combustion wastes;
                    ``(D) wastes from the co-burning of coal with non-
                hazardous secondary materials, provided that coal makes 
                up at least 50 percent of the total fuel burned; and
                    ``(E) wastes from the co-burning of coal with 
                materials described in subparagraph (A) that are 
                recovered from monofills.
            ``(2) Coal combustion residuals permit program.--The term 
        `coal combustion residuals permit program' means all of the 
        authorities, activities, and procedures that comprise the 
        system of prior approval and conditions implemented by or for a 
        State to regulate the management and disposal of coal 
        combustion residuals.
            ``(3) Code of federal regulations.--The term `Code of 
        Federal Regulations' means the Code of Federal Regulations (as 
        in effect on the date of enactment of this section) or any 
        successor regulations.
            ``(4) Permit; prior approval and conditions.--The terms 
        `permit' and `prior approval and conditions' mean any 
        authorization, license, or equivalent control document that 
        incorporates the requirements and revised criteria described in 
        paragraphs (1) and (2) of subsection (c), respectively.
            ``(5) Revised criteria.--The term `revised criteria' means 
        the criteria promulgated for municipal solid waste landfill 
        units under section 4004(a) and under section 1008(a)(3), as 
        revised under section 4010(c).
            ``(6) Structure.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `structure' means a 
                landfill, surface impoundment, or other land-based unit 
                which may receive coal combustion residuals.
                    ``(B) De minimis receipt.--The term `structure' 
                does not include any land-based unit that receives only 
                de minimis quantities of coal combustion residuals if 
                the presence of coal combustion residuals is incidental 
                to the material managed in the unit.''.
    (b) Conforming Amendment.--The table of contents contained in 
section 1001 of the Solid Waste Disposal Act is amended by inserting 
after the item relating to section 4010 the following:

``Sec. 4011. Management and disposal of coal combustion residuals.''.

SEC. 3. 2000 REGULATORY DETERMINATION.

    Nothing in this Act, or the amendments made by this Act, shall be 
construed to alter in any manner the Environmental Protection Agency's 
regulatory determination entitled ``Notice of Regulatory Determination 
on Wastes from the Combustion of Fossil Fuels'', published at 65 Fed. 
Reg. 32214 (May 22, 2000), that the fossil fuel combustion wastes 
addressed in that determination do not warrant regulation under 
subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.).

SEC. 4. TECHNICAL ASSISTANCE.

    Nothing in this Act, or the amendments made by this Act, shall be 
construed to affect the authority of a State to request, or the 
Administrator of the Environmental Protection Agency to provide, 
technical assistance under the Solid Waste Disposal Act (42 U.S.C. 6901 
et seq.).

SEC. 5. FEDERAL POWER ACT.

    Nothing in this Act, or the amendments made by this Act, shall be 
construed to affect the obligations of the owner or operator of a 
structure (as defined in section 4011 of the Solid Waste Disposal Act, 
as added by this Act) under section 215(b)(1) of the Federal Power Act 
(16 U.S.C. 824o(b)(1)).
                                 <all>
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