I 

114TH CONGRESS 

2D SESSION H. R. 4827 

To require the Administrator of the Environmental Protection Agency to 

review regulations for municipal solid waste landfills to determine if 

such regulations are, with the respect to the disposal of coal combustion 

residuals in such landfills, protective of health and the environment, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 22, 2016 

Mr. JOHNSON of Georgia (for himself, Mr. CONYERS, Mrs. WATSON COLEMAN, Ms. NORTON, Mr. GRIJALVA, Mr. GUTIE ́RREZ, and Ms. PLASKETT) 

introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To require the Administrator of the Environmental Protection Agency to review regulations for municipal solid 

waste landfills to determine if such regulations are, with 

the respect to the disposal of coal combustion residuals 

in such landfills, protective of health and the environment, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Coal Ash Landfill Safe5 ty Act’’. 


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1 SEC. 2. REVIEW OF REGULATIONS FOR MUNICIPAL SOLID 

2 WASTE LANDFILLS THAT RECEIVE COAL 

3 COMBUSTION RESIDUALS. 

4 (a) REVIEW.—Not later than 6 months after the date 

5 of enactment of this Act, the Administrator shall complete 

6 a review of the regulations issued under the Solid Waste 

7 Disposal Act (42 U.S.C. 6901 et seq.) applicable to munic8 ipal solid waste landfills with respect to the disposal of 

9 coal combustion residuals at such landfills. 

10 (b) CONTENTS.—In conducting the review under sub11 section (a) the Administrator shall— 

12 (1) determine, with respect to the disposal of 

13 coal combustion residuals, if the regulations de14 scribed in subsection (a) for municipal solid waste 

15 landfills are at least as protective of health and the 

16 environment as the regulations set forth in the coal 

17 combustion residuals rule are for landfills and sur18 face impoundments that are subject to such coal 

19 combustion residuals rule; 

20 (2) examine, with respect to the disposal of coal 

21 combustion residuals, any differences in require22 ments, protections, and impacts between the regula23 tions described in subsection (a) and the regulations 

24 set forth in the coal combustion residuals rule, in25 cluding— 

26 (A) fugitive dust protections; 


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1 (B) groundwater monitoring for coal com2 bustion residuals specific parameters; 

3 (C) cleanup standards for coal combustion 

4 residuals contaminants; 

5 (D) weekly, monthly, and annual inspec6 tion requirements; 

7 (E) a prohibition against placing coal com8 bustion residuals within 5 feet of groundwater; 

9 (F) public access to compliance data and 

10 information, including public posting of moni11 toring data, corrective action plans, and inspec12 tion reports on a publicly accessible Internet 

13 website; and 

14 (G) disproportionate impacts to health and 

15 environment of low-income and minority popu16 lations in accordance with Executive Order 

17 12898, ‘‘Federal Actions To Address Environ18 mental Justice in Minority Populations and 

19 Low-Income Populations’’. 

20 (c) REVISION OF REGULATIONS.—If, pursuant to the 

21 review under subsection (a), the Administrator determines 

22 that, with respect to the disposal of coal combustion re23 siduals, the regulations applicable to municipal solid waste 

24 landfills described in subsection (a) fail to provide at least 

25 equivalent protection for health and the environment as 


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1 the regulations set forth in the coal combustion residuals 

2 rule for landfills and surface impoundments subject to 

3 such coal combustion residuals rule, not later than 18 

4 months after the date of enactment of this Act, the Ad5 ministrator shall revise the regulations applicable to mu6 nicipal solid waste landfills that receive coal combustion 

7 residuals to provide equivalent or greater protection. 

8 (d) DEFINITIONS.—In this Act: 

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of the Environ11 mental Protection Agency. 

12 (2) COAL COMBUSTION RESIDUALS.—The term 

13 ‘‘coal combustion residuals’’ means fly ash, bottom 

14 ash, boiler slag, and flue gas desulfurization mate15 rials generated from burning coal for the purpose of 

16 generating electricity by electric utilities and inde17 pendent power producers. 

18 (3) COAL COMBUSTION RESIDUALS RULE.—The 

19 term ‘‘coal combustion residuals rule’’ means the 

20 rule entitled ‘‘Hazardous and Solid Waste Manage21 ment System; Disposal of Coal Combustion Residu22 als From Electric Utilities’’ published at 80 Fed. 

23 Reg. 21302 (April 17, 2015) (including any suc24 cessor regulation). 

Æ 


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