IB 

Union Calendar No. 103 

114TH CONGRESS 

1ST SESSION H. R. 1734 

[Report No. 114–143] 

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 HOUSE OF REPRESENTATIVES 

APRIL 13, 2015 

Mr. MCKINLEY (for himself, Mr. CRAMER, Mr. GUTHRIE, Mr. MURPHY of 

Pennsylvania, Mr. RODNEY DAVIS of Illinois, Mr. WHITFIELD, Mr. 

HUIZENGA of Michigan, Mr. HARPER, Mr. FRANKS of Arizona, Mr. 

BARR, Mr. OLSON, Mr. KELLY of Pennsylvania, Mr. RENACCI, Mr. 

THOMPSON of Mississippi, Mr. SHIMKUS, Mr. BARLETTA, Ms. JENKINS

of Kansas, Mr. BISHOP of Georgia, Mr. JENKINS of West Virginia, Mrs. 

LUMMIS, Mr. LONG, Mrs. BLACKBURN, and Mr. MOONEY of West Virginia) introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

JUNE 9, 2015 

Additional sponsors: Mr. LATTA, Mr. BUCSHON, Mr. PETERSON, Mr. KIND, 

Mr. KING of New York, Mr. KLINE, Mrs. MILLER of Michigan, Mr. 

WOMACK, Mr. BILIRAKIS, Mr. JOHNSON of Ohio, Mr. STIVERS, Mr. 

GOSAR, Mr. DUNCAN of Tennessee, Mr. ROGERS of Kentucky, Mr. BOST, 

Mr. GIBBS, Mr. BYRNE, Mr. ROGERS of Alabama, Mr. NUGENT, Mr. 

GRAVES of Georgia, Mrs. HARTZLER, and Mr. SESSIONS

JUNE 9, 2015 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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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. 


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

3 SECTION 1. SHORT TITLE 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’’. 

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

8 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. 

9 SEC. 2. MANAGEMENT AND DISPOSAL OF COAL COMBUS10 TION RESIDUALS. 

11 (a) IN GENERAL.—Subtitle D of the Solid Waste Dis12 posal Act (42 U.S.C. 6941 et seq.) is amended by adding 

13 at the end the following: 

14 ‘‘SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COM15 BUSTION RESIDUALS. 

16 ‘‘(a) STATE PERMIT PROGRAMS FOR COAL COMBUS17 TION RESIDUALS.—Each State may adopt, implement, 

18 and enforce a coal combustion residuals permit program 

19 in accordance with this section. 

20 ‘‘(b) STATE ACTIONS.— 

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

22 after the date of enactment of this section (except 

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1 section (d)(3)(B)), the Governor of each State shall 

2 notify the Administrator, in writing, whether such 

3 State will adopt and implement a coal combustion 

4 residuals permit program. 

5 ‘‘(2) CERTIFICATION.— 

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

7 months after the date of enactment of this sec8 tion (except as provided in subparagraph (B) 

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

10 that has notified the Administrator that it will 

11 implement a coal combustion residuals permit 

12 program, the head of the lead State imple13 menting agency shall submit to the Adminis14 trator a certification that such coal combustion 

15 residuals permit program meets the require16 ments described in subsection (c). 

17 ‘‘(B) EXTENSION.— 

18 ‘‘(i) REQUIREMENTS.—The Adminis19 trator may extend the deadline for submis20 sion of a certification for a State under 

21 subparagraph (A) for a period of 12 

22 months if the State submits to the Admin23 istrator a request for such an extension 

24 that— 


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1 ‘‘(I) describes the efforts of the 

2 State to meet such deadline; 

3 ‘‘(II) demonstrates that the legis4 lative or rulemaking procedures of 

5 such State render the State unable 

6 meet such deadline; and 

7 ‘‘(III) provides the Administrator 

8 with a detailed schedule for comple9 tion and submission of the certifi10 cation. 

11 ‘‘(ii) DETERMINATION.—If the Ad12 ministrator does not approve or deny a re13 quest submitted under clause (i) by the 

14 date that is 30 days after such submission, 

15 the request shall be deemed approved. 

16 ‘‘(C) CONTENTS.—A certification sub17 mitted under this paragraph shall include— 

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

19 implementing agency, signed by the head 

20 of such agency; 

21 ‘‘(ii) identification of any other State 

22 agencies involved with the implementation 

23 of the coal combustion residuals permit 

24 program; 


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

2 coal combustion residuals permit program 

3 meets the requirements of this section, in4 cluding— 

5 ‘‘(I) a description of the 

6 State’s— 

7 ‘‘(aa) process to inspect or 

8 otherwise determine compliance 

9 with such permit program; 

10 ‘‘(bb) process to enforce the 

11 requirements of such permit pro12 gram; 

13 ‘‘(cc) public participation 

14 process for the promulgation, 

15 amendment, or repeal of regula16 tions for, and the issuance of 

17 permits under, such permit pro18 gram; and 

19 ‘‘(dd) statutes, regulations, 

20 or policies pertaining to public 

21 access to information, including 

22 information on groundwater mon23 itoring data, structural stability 

24 assessments, emergency action 

25 plans, fugitive dust control plans, 


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1 notifications of closure (including 

2 any certification of closure by a 

3 qualified professional engineer), 

4 and corrective action remedies; 

5 and 

6 ‘‘(II) identification of any 

7 changes to the definitions under sec8 tion 257.53 of title 40, Code of Fed9 eral Regulations, for purposes of the 

10 State coal combustion residuals per11 mit program, including a reasonable 

12 basis for such changes, as required 

13 under subsection (l)(5); 

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

15 in effect, at the time of certification, stat16 utes or regulations necessary to implement 

17 a coal combustion residuals permit pro18 gram that meets the requirements de19 scribed in subsection (c); 

20 ‘‘(v) copies of State statutes and regu21 lations described in clause (iv); 

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

23 State to a release at a structure or inactive 

24 surface impoundment that has the poten25 tial for impact beyond the site on which 


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1 the structure or inactive surface impound2 ment is located; and 

3 ‘‘(vii) a plan for coordination among 

4 States in the event of a release that 

5 crosses State lines. 

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

7 certification as needed to reflect changes to the 

8 coal combustion residuals permit program. 

9 ‘‘(3) MAINTENANCE OF 4005(c) OR 3006 PRO10 GRAM.—In order to adopt or implement a coal com11 bustion residuals permit program under this section 

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

13 implementing agency shall maintain an approved 

14 permit program or other system of prior approval 

15 and conditions under section 4005(c) or an author16 ized program under section 3006. 

17 ‘‘(c) REQUIREMENTS FOR A COAL COMBUSTION RE18 SIDUALS PERMIT PROGRAM.—A coal combustion residuals 

19 permit program shall consist of the following: 

20 ‘‘(1) GENERAL REQUIREMENTS.— 

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

22 shall require that owners or operators of struc23 tures apply for and obtain permits incor24 porating the applicable requirements of the coal 

25 combustion residuals permit program. 


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1 ‘‘(B) PUBLIC AVAILABILITY OF INFORMA2 TION.—Except for information with respect to 

3 which disclosure is prohibited under section 

4 1905 of title 18, United States Code, the imple5 menting agency shall ensure that— 

6 ‘‘(i) documents for permit determina7 tions are made publicly available for review 

8 and comment under the public participa9 tion process of the coal combustion residu10 als permit program; 

11 ‘‘(ii) final determinations on permit 

12 applications are made publicly available; 

13 ‘‘(iii) information on groundwater 

14 monitoring data, structural stability as15 sessments, emergency action plans, fugitive 

16 dust control plans, notifications of closure 

17 (including any certification of closure by a 

18 qualified professional engineer), and cor19 rective action remedies required pursuant 

20 to paragraph (2), collected in a manner de21 termined appropriate by the implementing 

22 agency, is publicly available, including on 

23 an Internet website; and 

24 ‘‘(iv) information regarding the exer25 cise by the implementing agency of any 


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1 discretionary authority granted under this 

2 section and not provided for in the rule de3 scribed in subsection (l)(1) is made pub4 licly available. 

5 ‘‘(C) AGENCY AUTHORITY.— 

6 ‘‘(i) IN GENERAL.—The implementing 

7 agency shall— 

8 ‘‘(I) obtain information necessary 

9 to determine whether the owner or op10 erator of a structure is in compliance 

11 with the requirements of the coal com12 bustion residuals permit program; 

13 ‘‘(II) conduct or require moni14 toring or testing to ensure that struc15 tures are in compliance with the re16 quirements of the coal combustion re17 siduals permit program; and 

18 ‘‘(III) enter any site or premise 

19 at which a structure or inactive coal 

20 combustion residuals surface im21 poundment is located for the purpose 

22 of inspecting such structure or surface 

23 impoundment and reviewing relevant 

24 records. 


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1 ‘‘(ii) MONITORING AND TESTING.—If 

2 monitoring or testing is conducted under 

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

4 agency, the implementing agency shall, if 

5 requested, provide to the owner or oper6 ator— 

7 ‘‘(I) a written description of the 

8 monitoring or testing completed; 

9 ‘‘(II) at the time of sampling, a 

10 portion of each sample equal in vol11 ume or weight to the portion retained 

12 by or for the implementing agency; 

13 and 

14 ‘‘(III) a copy of the results of 

15 any analysis of samples collected by or 

16 for the implementing agency. 

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

18 shall apply the following criteria with respect to 

19 structures: 

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

21 structures, including lateral expansions of exist22 ing structures, the criteria regarding design re23 quirements described in sections 257.70 and 

24 257.72 of title 40, Code of Federal Regulations, 

25 as applicable. 


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1 ‘‘(B) GROUNDWATER MONITORING AND

2 CORRECTIVE ACTION.— 

3 ‘‘(i) IN GENERAL.—Except as pro4 vided in clause (ii), for all structures, the 

5 criteria regarding groundwater monitoring 

6 and corrective action requirements de7 scribed in sections 257.90 through 257.98 

8 of title 40, Code of Federal Regulations, 

9 including— 

10 ‘‘(I) for the purposes of detection 

11 monitoring, the constituents described 

12 in appendix III to part 257 of title 

13 40, Code of Federal Regulations; and 

14 ‘‘(II) for the purposes of assess15 ment monitoring, establishing a 

16 groundwater protection standard, and 

17 assessment of corrective measures, the 

18 constituents described in appendix IV 

19 to part 257 of title 40, Code of Fed20 eral Regulations. 

21 ‘‘(ii) EXCEPTIONS AND ADDITIONAL

22 AUTHORITY.— 

23 ‘‘(I) ALTERNATIVE POINT OF

24 COMPLIANCE.—Notwithstanding sec25 tion 257.91(a)(2) of title 40, Code of 


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1 Federal Regulations, the imple2 menting agency may establish the rel3 evant point of compliance for the 

4 down-gradient monitoring system as 

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

6 title 40, Code of Federal Regulations. 

7 ‘‘(II) ALTERNATIVE GROUND8 WATER PROTECTION STANDARDS.— 

9 Notwithstanding section 257.95(h) of 

10 title 40, Code of Federal Regulations, 

11 the implementing agency may estab12 lish an alternative groundwater pro13 tection standard as provided in section 

14 258.55(i) of title 40, Code of Federal 

15 Regulations. 

16 ‘‘(III) ABILITY TO DETERMINE

17 THAT CORRECTIVE ACTION IS NOT

18 NECESSARY OR TECHNICALLY FEA19 SIBLE.—Notwithstanding section 

20 257.97 of title 40, Code of Federal 

21 Regulations, the implementing agency 

22 may determine that remediation of a 

23 release from a structure is not nec24 essary as provided in section 


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1 258.57(e) of title 40, Code of Federal 

2 Regulations. 

3 ‘‘(IV) AUTHORITY RELATING TO

4 RELEASES, OTHER THAN RELEASES

5 TO GROUNDWATER.—Notwithstanding 

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

7 title 40, Code of Federal Regulations, 

8 the implementing agency may, with 

9 respect to a release from a structure, 

10 other than a release to groundwater, 

11 authorize, for purposes of complying 

12 with this section, remediation of such 

13 release in accordance with other appli14 cable Federal or State requirements if 

15 compliance with such requirements 

16 will result in the same level of protec17 tion as compliance with the criteria 

18 described in sections 257.96 through 

19 257.98 of title 40, Code of Federal 

20 Regulations, taking into consideration 

21 the nature of the release. 

22 ‘‘(V) GENERAL AUTHORITY RE23 LATING TO GROUNDWATER MONI24 TORING AND CORRECTIVE ACTION.— 

25 Notwithstanding sections 257.90 


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1 through 257.98 of title 40, Code of 

2 Federal Regulations, the imple3 menting agency may authorize alter4 native groundwater monitoring and 

5 corrective action requirements pro6 vided that such requirements are no 

7 less stringent than the alternative re8 quirements authorized to be estab9 lished under subpart E of part 258 of 

10 title 40, Code of Federal Regulations. 

11 ‘‘(VI) OPPORTUNITY FOR COR12 RECTIVE ACTION FOR UNLINED SUR13 FACE IMPOUNDMENTS.—Notwith14 standing section 257.101(a)(1) of title 

15 40, Code of Federal Regulations, the 

16 implementing agency may allow the 

17 owner or operator of an existing 

18 structure that is an unlined surface 

19 impoundment— 

20 ‘‘(aa) to continue to operate, 

21 pursuant to sections 257.96 

22 through 257.98 of title 40, Code 

23 of Federal Regulations, until the 

24 date that is 102 months after the 


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1 date of enactment of this section; 

2 and 

3 ‘‘(bb) to continue to operate 

4 after such date as long as such 

5 unlined surface impoundment 

6 meets the groundwater protection 

7 standard established pursuant to 

8 this subparagraph and any other 

9 applicable requirement estab10 lished pursuant to this section. 

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

12 criteria for closure described in sections 

13 257.101, 257.102, and 257.103 of title 40, 

14 Code of Federal Regulations, except— 

15 ‘‘(i) the criteria described in section 

16 257.101(a)(1) of title 40, Code of Federal 

17 Regulations, shall apply to an existing 

18 structure that is an unlined surface im19 poundment only if— 

20 ‘‘(I) the unlined surface im21 poundment is not allowed to continue 

22 operation pursuant to subparagraph 

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

24 ‘‘(II) in the case of an unlined 

25 surface impoundment that is allowed 


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1 to continue operation pursuant to sub2 paragraph (B)(ii)(VI)(aa), the date 

3 described in such subparagraph has 

4 passed and the unlined surface im5 poundment does not meet the require6 ments described in subparagraph 

7 (B)(ii)(VI)(bb); 

8 ‘‘(ii) the criteria described in section 

9 257.101(b)(1) of title 40, Code of Federal 

10 Regulations, shall not apply to existing 

11 structures, except as provided in subpara12 graphs (E)(i)(II) and (E)(ii); and 

13 ‘‘(iii) if an implementing agency has 

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

15 subparagraph (L), the criteria described in 

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

17 Federal Regulations, shall apply to struc18 tures that are surface impoundments only 

19 after such deadline. 

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

21 the criteria for post-closure care described in 

22 section 257.104 of title 40, Code of Federal 

23 Regulations. 

24 ‘‘(E) LOCATION RESTRICTIONS.— 


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1 ‘‘(i) IN GENERAL.—The criteria for 

2 location restrictions described in— 

3 ‘‘(I) for new structures, including 

4 lateral expansions of existing struc5 tures, sections 257.60 through 257.64 

6 and 257.3–1 of title 40, Code of Fed7 eral Regulations; and 

8 ‘‘(II) for existing structures, sec9 tions 257.64 and 257.3–1 of title 40, 

10 Code of Federal Regulations. 

11 ‘‘(ii) ADDITIONAL AUTHORITY.—The 

12 implementing agency may apply the cri13 teria described in sections 257.60 through 

14 257.63 of title 40, Code of Federal Regula15 tions, to existing structures that are sur16 face impoundments. 

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

18 the criteria for air quality described in section 

19 257.80 of title 40, Code of Federal Regulations. 

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

21 structures, the criteria for financial assurance 

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

23 Code of Federal Regulations. 

24 ‘‘(H) SURFACE WATER.—For all struc25 tures, the criteria for surface water described in 


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

2 Regulations. 

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

4 the criteria for recordkeeping described in sec5 tion 257.105 of title 40, Code of Federal Regu6 lations. 

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

8 For all structures that are landfills, sand or 

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

10 and run-off control described in section 257.81 

11 of title 40, Code of Federal Regulations. 

12 ‘‘(K) HYDROLOGIC AND HYDRAULIC CA13 PACITY REQUIREMENTS.—For all structures 

14 that are surface impoundments, the criteria for 

15 inflow design flood control systems described in 

16 section 257.82 of title 40, Code of Federal Reg17 ulations. 

18 ‘‘(L) STRUCTURAL INTEGRITY.—For struc19 tures that are surface impoundments, the cri20 teria for structural integrity described in sec21 tions 257.73 and 257.74 of title 40, Code of 

22 Federal Regulations, except that, notwith23 standing section 257.73(f)(4) of title 40, Code 

24 of Federal Regulations, the implementing agen25 cy may provide for— 


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1 ‘‘(i) up to 30 days for an owner or op2 erator to complete a safety factor assess3 ment when an owner or operator has failed 

4 to meet an applicable periodic assessment 

5 deadline provided in section 257.73(f) of 

6 title 40, Code of Federal Regulations; and 

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

8 operator to meet the safety factor assess9 ment criteria provided in section 

10 257.73(e)(1) of title 40, Code of Federal 

11 Regulations, if the implementing agency 

12 determines, through the initial safety fac13 tor assessment, that the structure does not 

14 meet such safety factor assessment criteria 

15 and that the structure does not pose an 

16 immediate threat of release. 

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

18 the criteria described in sections 257.83 and 

19 257.84 of title 40, Code of Federal Regulations. 

20 ‘‘(3) PERMIT PROGRAM IMPLEMENTATION FOR

21 EXISTING STRUCTURES.— 

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

23 date on which a State submits a certification 

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

25 months after the Administrator receives notice 


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

2 months after the date of enactment of this sec3 tion with respect to a coal combustion residuals 

4 permit program that is being implemented by 

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

6 applicable, the implementing agency shall notify 

7 owners or operators of existing structures of— 

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

9 obtain a permit under subparagraph (C); 

10 and 

11 ‘‘(ii) the requirements referred to in 

12 subparagraph (B)(ii). 

13 ‘‘(B) COMPLIANCE WITH CERTAIN RE14 QUIREMENTS.— 

15 ‘‘(i) INITIAL DEADLINE FOR CERTAIN

16 REQUIREMENTS.—Not later than 8 months 

17 after the date of enactment of this section, 

18 the implementing agency shall require own19 ers or operators of existing structures to 

20 comply with— 

21 ‘‘(I) the requirements under 

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

23 (2)(M); and 

24 ‘‘(II) the requirement for a per25 manent identification marker under 


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1 the criteria described in paragraph 

2 (2)(L). 

3 ‘‘(ii) SUBSEQUENT DEADLINE FOR

4 CERTAIN OTHER REQUIREMENTS.—Not 

5 later than 12 months after the date on 

6 which a State submits a certification under 

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

8 months after the Administrator receives 

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

10 later than 36 months after the date of en11 actment of this section with respect to a 

12 coal combustion residuals permit program 

13 that is being implemented by the Adminis14 trator under subsection (e)(3), as applica15 ble, the implementing agency shall require 

16 owners or operators of existing structures 

17 to comply with— 

18 ‘‘(I) the requirements under 

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

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

21 ‘‘(II) the requirement for a writ22 ten closure plan under the criteria de23 scribed in paragraph (2)(C). 

24 ‘‘(C) PERMITS.— 


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1 ‘‘(i) PERMIT DEADLINE.—Not later 

2 than 48 months after the date on which a 

3 State submits a certification under sub4 section (b)(2), not later than 66 months 

5 after the Administrator receives notice 

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

7 than 72 months after the date of enact8 ment of this section with respect to a coal 

9 combustion residuals permit program that 

10 is being implemented by the Administrator 

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

12 implementing agency shall issue, with re13 spect to an existing structure, a final per14 mit incorporating the applicable require15 ments of the coal combustion residuals per16 mit program, or a final denial of an appli17 cation submitted requesting such a permit. 

18 ‘‘(ii) APPLICATION DEADLINE.—The 

19 implementing agency shall identify, in col20 laboration with the owner or operator of an 

21 existing structure, a reasonable deadline by 

22 which the owner or operator shall submit a 

23 permit application under clause (i). 

24 ‘‘(D) INTERIM OPERATION.— 


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1 ‘‘(i) PRIOR TO DEADLINES.—Unless 

2 the implementing agency determines that 

3 the structure should close in accordance 

4 with the criteria described in paragraph 

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

6 on or after the date of enactment of this 

7 section but prior to the applicable deadline 

8 in subparagraph (B), the owner or oper9 ator of an existing structure may continue 

10 to operate such structure until such appli11 cable deadline under any applicable regula12 tions in effect during such period. 

13 ‘‘(ii) PRIOR TO PERMIT.—Unless the 

14 implementing agency determines that the 

15 structure should close in accordance with 

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

17 if the owner or operator of an existing 

18 structure meets the requirements referred 

19 to in subparagraph (B) by the applicable 

20 deadline in such subparagraph, the owner 

21 or operator may operate the structure until 

22 such time as the implementing agency 

23 issues, under subparagraph (C), a final 

24 permit incorporating the requirements of 

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1 gram, or a final denial of an application 

2 submitted requesting such a permit. 

3 ‘‘(4) REQUIREMENTS FOR INACTIVE COAL COM4 BUSTION RESIDUALS SURFACE IMPOUNDMENTS.— 

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

6 after the date of enactment of this section, each 

7 owner or operator of an inactive coal combus8 tion residuals surface impoundment shall sub9 mit to the Administrator and the State in which 

10 such inactive coal combustion residuals surface 

11 impoundment is located a notice stating wheth12 er such inactive coal combustion residuals sur13 face impoundment will— 

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

15 date of enactment of this section, complete 

16 closure in accordance with section 257.100 

17 of title 40, Code of Federal Regulations; or 

18 ‘‘(ii) comply with the requirements of 

19 the coal combustion residuals permit pro20 gram applicable to existing structures that 

21 are surface impoundments (except as pro22 vided in subparagraph (D)(ii)). 

23 ‘‘(B) EXTENSION.—In the case of an inac24 tive coal combustion residuals surface impound25 ment for which the owner or operator submits 


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

2 implementing agency may extend the closure 

3 deadline provided in such subparagraph by a 

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

5 operator of such inactive coal combustion re6 siduals surface impoundment— 

7 ‘‘(i) demonstrates to the satisfaction 

8 of the implementing agency that it is not 

9 feasible to complete closure of the inactive 

10 coal combustion residuals surface impound11 ment in accordance with section 257.100 

12 of title 40, Code of Federal Regulations, by 

13 the deadline provided in subparagraph 

14 (A)(i)— 

15 ‘‘(I) because of complications 

16 stemming from the climate or weath17 er, such as unusual amounts of pre18 cipitation or a significantly shortened 

19 construction season; 

20 ‘‘(II) because additional time is 

21 required to remove the liquid from the 

22 inactive coal combustion residuals sur23 face impoundment due to the volume 

24 of coal combustion residuals contained 

25 in the surface impoundment or the 


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1 characteristics of the coal combustion 

2 residuals in such surface impound3 ment; 

4 ‘‘(III) because the geology and 

5 terrain surrounding the inactive coal 

6 combustion residuals surface im7 poundment will affect the amount of 

8 material needed to close the inactive 

9 coal combustion residuals surface im10 poundment; or 

11 ‘‘(IV) because additional time is 

12 required to coordinate with and obtain 

13 necessary approvals and permits; and 

14 ‘‘(ii) demonstrates to the satisfaction 

15 of the implementing agency that the inac16 tive coal combustion residuals surface im17 poundment does not pose an immediate 

18 threat of release. 

19 ‘‘(C) FINANCIAL ASSURANCE.—The imple20 menting agency shall require the owner or oper21 ator of an inactive surface impoundment that 

22 has closed pursuant to this paragraph to per23 form post-closure care in accordance with the 

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

25 title 40, Code of Federal Regulations, and to 


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1 provide financial assurance for such post-clo2 sure care in accordance with the criteria de3 scribed in section 258.72 of title 40, Code of 

4 Federal Regulations. 

5 ‘‘(D) TREATMENT AS STRUCTURE.— 

6 ‘‘(i) IN GENERAL.—An inactive coal 

7 combustion residuals surface impoundment 

8 shall be treated as an existing structure 

9 that is a surface impoundment for the pur10 poses of this section, including with respect 

11 to the requirements of paragraphs (1) and 

12 (2), if— 

13 ‘‘(I) the owner or operator does 

14 not submit a notice in accordance 

15 with subparagraph (A); or 

16 ‘‘(II) the owner or operator sub17 mits a notice described in subpara18 graph (A)(ii). 

19 ‘‘(ii) INACTIVE COAL COMBUSTION RE20 SIDUALS SURFACE IMPOUNDMENTS THAT

21 FAIL TO CLOSE.—An inactive coal combus22 tion residuals surface impoundment for 

23 which the owner or operator submits a no24 tice described in subparagraph (A)(i) that 

25 does not close by the deadline provided 


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1 under subparagraph (A)(i) or subpara2 graph (B), as applicable— 

3 ‘‘(I) shall be treated as an exist4 ing structure for purposes of this sec5 tion beginning on the date that is the 

6 day after such applicable deadline, in7 cluding by— 

8 ‘‘(aa) being required to com9 ply with the requirements of 

10 paragraph (1), as applicable; and 

11 ‘‘(bb) being required to com12 ply, beginning on such date, with 

13 each requirement of paragraph 

14 (2); but 

15 ‘‘(II) shall not be required to 

16 comply with paragraph (3). 

17 ‘‘(d) FEDERAL REVIEW OF STATE PERMIT PRO18 GRAMS.— 

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

20 provide to a State written notice and an opportunity 

21 to remedy deficiencies in accordance with paragraph 

22 (3) if at any time the State— 

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


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

2 required under subsection (b)(2); 

3 ‘‘(C) does not satisfy the maintenance re4 quirement under subsection (b)(3); 

5 ‘‘(D) is not implementing a coal combus6 tion residuals permit program, with respect to 

7 which the State has submitted a certification 

8 under subsection (b)(2), that meets the require9 ments described in subsection (c); 

10 ‘‘(E) is not implementing a coal combus11 tion residuals permit program, with respect to 

12 which the State has submitted a certification 

13 under subsection (b)(2)— 

14 ‘‘(i) that is consistent with such cer15 tification; and 

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

17 have in effect statutes or regulations nec18 essary to implement such program; or 

19 ‘‘(F) does not make available to the Ad20 ministrator, within 90 days of a written re21 quest, specific information necessary for the 

22 Administrator to ascertain whether the State 

23 has satisfied the requirements described in sub24 paragraphs (A) through (E). 


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1 ‘‘(2) REQUEST.—If a request described in para2 graph (1)(F) is proposed pursuant to a petition to 

3 the Administrator, the Administrator shall make the 

4 request only if the Administrator does not possess 

5 the information necessary to ascertain whether the 

6 State has satisfied the requirements described in 

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

8 ‘‘(3) CONTENTS OF NOTICE; DEADLINE FOR RE9 SPONSE.—A notice provided under paragraph (1) 

10 shall— 

11 ‘‘(A) include findings of the Administrator 

12 detailing any applicable deficiencies described in 

13 subparagraphs (A) through (F) of paragraph 

14 (1); and 

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

16 State, a reasonable deadline by which the State 

17 shall remedy such applicable deficiencies, which 

18 shall be— 

19 ‘‘(i) in the case of a deficiency de20 scribed in subparagraphs (A) through (E) 

21 of paragraph (1), not earlier than 180 

22 days after the date on which the State re23 ceives the notice; and 

24 ‘‘(ii) in the case of a deficiency de25 scribed in paragraph (1)(F), not later than 


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1 90 days after the date on which the State 

2 receives the notice. 

3 ‘‘(4) CONSIDERATIONS FOR DETERMINING DE4 FICIENCY OF STATE PERMIT PROGRAM.—In making 

5 a determination whether a State has failed to satisfy 

6 the requirements described in subparagraphs (A) 

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

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

9 consider, as appropriate— 

10 ‘‘(A) whether the State’s statutes or regu11 lations to implement a coal combustion residu12 als permit program are not sufficient to meet 

13 the requirements described in subsection (c) be14 cause of— 

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

16 or enact new statutes or regulations when 

17 necessary; or 

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

19 court striking down or limiting such State 

20 statutes or regulations; 

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

22 coal combustion residuals permit program fails 

23 to comply with the requirements of subsection 

24 (c) because of— 


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1 ‘‘(i) failure of the State to issue per2 mits as required in subsection (c)(1)(A); 

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

4 permits that do not meet the requirements 

5 of subsection (c); 

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

7 with the public participation requirements 

8 of this section; or 

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

10 corrective action requirements required 

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

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

13 coal combustion residuals permit program fails 

14 to comply with the requirements of this section 

15 because of— 

16 ‘‘(i) failure to act on violations of per17 mits, as identified by the State; or 

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

19 inspect or otherwise determine compliance 

20 pursuant to the process identified under 

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

22 ‘‘(e) IMPLEMENTATION BY ADMINISTRATOR.— 

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

24 Administrator shall implement a coal combustion re25 siduals permit program for a State if— 


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

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

3 State will not adopt and implement a permit 

4 program; 

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

6 subsection (d) and the Administrator deter7 mines, after providing a 30-day period for no8 tice and public comment, that the State has 

9 failed, by the deadline identified in the notice 

10 under subsection (d)(3)(B), to remedy the defi11 ciencies detailed in the notice pursuant to sub12 section (d)(3)(A); or 

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

14 in writing, that such State will no longer imple15 ment such a permit program. 

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

17 a determination by the Administrator under this 

18 subsection as if the determination was a final regu19 lation for purposes of section 7006. 

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

21 inactive coal combustion residuals surface impound22 ments located on property within the exterior bound23 aries of a State that the State does not have author24 ity or jurisdiction to regulate, the Administrator 

25 shall implement a coal combustion residuals permit 


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1 program only for those structures and inactive coal 

2 combustion residuals surface impoundments. 

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

4 implements a coal combustion residuals permit pro5 gram under paragraph (1) or (3), the permit pro6 gram shall consist of the requirements described in 

7 subsection (c). 

8 ‘‘(5) ENFORCEMENT.— 

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

10 implements a coal combustion residuals permit 

11 program for a State under paragraph (1)— 

12 ‘‘(i) the authorities referred to in sec13 tion 4005(c)(2)(A) shall apply with respect 

14 to coal combustion residuals, structures, 

15 and inactive coal combustion residuals sur16 face impoundments for which the Adminis17 trator is implementing the coal combustion 

18 residuals permit program; and 

19 ‘‘(ii) the Administrator may use those 

20 authorities to inspect, gather information, 

21 and enforce the requirements of this sec22 tion in the State. 

23 ‘‘(B) OTHER STRUCTURES.—If the Admin24 istrator implements a coal combustion residuals 

25 permit program under paragraph (3)— 


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1 ‘‘(i) the authorities referred to in sec2 tion 4005(c)(2)(A) shall apply with respect 

3 to coal combustion residuals, structures, 

4 and inactive coal combustion residuals sur5 face impoundments for which the Adminis6 trator is implementing the coal combustion 

7 residuals permit program; and 

8 ‘‘(ii) the Administrator may use those 

9 authorities to inspect, gather information, 

10 and enforce the requirements of this sec11 tion for the structures and inactive coal 

12 combustion residuals surface impound13 ments for which the Administrator is im14 plementing the coal combustion residuals 

15 permit program. 

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

17 Administrator implements a coal combustion residu18 als permit program under this subsection, the Ad19 ministrator shall provide a 30-day period for the 

20 public participation process required under sub21 section (c)(1)(B)(i). 

22 ‘‘(f) STATE CONTROL AFTER IMPLEMENTATION BY

23 ADMINISTRATOR.— 

24 ‘‘(1) STATE CONTROL.— 


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

2 AND IMPLEMENTATION BY STATE.—For a State 

3 for which the Administrator is implementing a 

4 coal combustion residuals permit program 

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

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

7 such a permit program by— 

8 ‘‘(i) notifying the Administrator that 

9 the State will adopt and implement such a 

10 permit program; 

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

12 date of such notification, submitting to the 

13 Administrator a certification under sub14 section (b)(2); and 

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

17 ‘‘(I) a determination, after the 

18 Administrator provides for a 30-day 

19 period for notice and public comment, 

20 that the State coal combustion residu21 als permit program meets the require22 ments described in subsection (c); and 

23 ‘‘(II) a timeline for transition to 

24 the State coal combustion residuals 

25 permit program. 


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1 ‘‘(B) REMEDYING DEFICIENT PERMIT PRO2 GRAM.—For a State for which the Adminis3 trator is implementing a coal combustion re4 siduals permit program under subsection 

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

6 such a permit program by— 

7 ‘‘(i) remedying only the deficiencies 

8 detailed in the notice pursuant to sub9 section (d)(3)(A); and 

10 ‘‘(ii) receiving from the Adminis11 trator— 

12 ‘‘(I) a determination, after the 

13 Administrator provides for a 30-day 

14 period for notice and public comment, 

15 that the deficiencies detailed in such 

16 notice have been remedied; and 

17 ‘‘(II) a timeline for transition to 

18 the State coal combustion residuals 

19 permit program. 

20 ‘‘(2) REVIEW OF DETERMINATION.— 

21 ‘‘(A) DETERMINATION REQUIRED.—The 

22 Administrator shall make a determination 

23 under paragraph (1) not later than 90 days 

24 after the date on which the State submits a cer25 tification under paragraph (1)(A)(ii), or notifies 


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1 the Administrator that the deficiencies have 

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

3 as applicable. 

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

6 under paragraph (1) as if such determination 

7 was a final regulation for purposes of section 

8 7006. 

9 ‘‘(g) IMPLEMENTATION DURING TRANSITION.— 

10 ‘‘(1) EFFECT ON ACTIONS AND ORDERS.—Pro11 gram requirements of, and actions taken or orders 

12 issued pursuant to, a coal combustion residuals per13 mit program shall remain in effect if— 

14 ‘‘(A) a State takes control of its coal com15 bustion residuals permit program from the Ad16 ministrator under subsection (f)(1); or 

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

18 coal combustion residuals permit program from 

19 a State under subsection (e). 

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

21 (1) shall apply to such program requirements, ac22 tions, and orders until such time as— 

23 ‘‘(A) the implementing agency that took 

24 control of the coal combustion residuals permit 

25 program changes the requirements of the coal 


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1 combustion residuals permit program with re2 spect to the basis for the action or order; or 

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

4 action, the State or the Administrator, which5 ever took the action or issued the order, cer6 tifies the completion of the corrective action 

7 that is the subject of the action or order. 

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

9 otherwise provided in this subsection— 

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

11 coal combustion residuals permit program 

12 under subsection (f), the Administrator shall 

13 cease to implement the coal combustion residu14 als permit program implemented under sub15 section (e) for such State; and 

16 ‘‘(B) if the Administrator implements a 

17 coal combustion residuals permit program for a 

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

19 cease to implement its coal combustion residu20 als permit program. 

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

22 OR 3006.—The Administrator shall not consider the im23 plementation of a coal combustion residuals permit pro24 gram by the Administrator under subsection (e) in making 

25 a determination of approval for a permit program or other 


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1 system of prior approval and conditions under section 

2 4005(c) or of authorization for a program under section 

3 3006. 

4 ‘‘(i) AUTHORITY.— 

5 ‘‘(1) STATE AUTHORITY.—Nothing in this sec6 tion shall preclude or deny any right of any State to 

7 adopt or enforce any regulation or requirement re8 specting coal combustion residuals that is more 

9 stringent or broader in scope than a regulation or 

10 requirement under this section. 

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

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

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

14 section 6005, the Administrator shall, with re15 spect to the regulation of coal combustion re16 siduals under this Act, defer to the States pur17 suant to this section. 

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

19 section shall be construed as affecting the au20 thority of the Administrator under section 7003 

21 with respect to coal combustion residuals. 

22 ‘‘(C) ENFORCEMENT ASSISTANCE ONLY

23 UPON REQUEST.—Upon request from the head 

24 of a lead State implementing agency, the AdVerDate Sep 11 2014 21:29 Jun 09, 2015 Jkt 049200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H1734.RH H1734

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1 ministrator may provide to such State agency 

2 only the enforcement assistance requested. 

3 ‘‘(D) CONCURRENT ENFORCEMENT.—Ex4 cept as provided in subparagraph (C) of this 

5 paragraph and subsection (g), the Adminis6 trator shall not have concurrent enforcement 

7 authority when a State is implementing a coal 

8 combustion residuals permit program, including 

9 during any period of interim operation de10 scribed in subsection (c)(3)(D). 

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

12 shall be construed to affect the authority of a person 

13 to commence a civil action in accordance with sec14 tion 7002. 

15 ‘‘(j) MINE RECLAMATION ACTIVITIES.—A coal com16 bustion residuals permit program implemented by the Ad17 ministrator under subsection (e) shall not apply to the uti18 lization, placement, and storage of coal combustion residu19 als at surface or underground coal mining and reclamation 

20 operations. 

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

22 of coal combustion residuals in any of the following ways 

23 shall not be considered to be receipt of coal combustion 

24 residuals for the purposes of this section: 

25 ‘‘(1) Use as— 


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1 ‘‘(A) engineered structural fill constructed 

2 in accordance with— 

3 ‘‘(i) ASTM E2277 entitled ‘Standard 

4 Guide for Design and Construction of Coal 

5 Ash Structural Fills’, including any 

6 amendment or revision to that guidance; 

7 ‘‘(ii) any other published national 

8 standard determined appropriate by the 

9 implementing agency; or 

10 ‘‘(iii) a State standard or program re11 lating to— 

12 ‘‘(I) fill operations for coal com13 bustion residuals; or 

14 ‘‘(II) the management of coal 

15 combustion residuals for beneficial 

16 use; or 

17 ‘‘(B) engineered structural fill for— 

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

19 ‘‘(ii) a base or embankment for a 

20 bridge, roadway, runway, or railroad; or 

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

22 is not part of a structure. 

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

24 with the management of raw materials, if the coal 


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1 combustion residuals being stored are intended to be 

2 used in a product or as a raw material. 

3 ‘‘(3) Beneficial use— 

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

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

6 virgin material; 

7 ‘‘(C) that meets relevant product specifica8 tions and regulatory or design standards; and 

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

10 land of coal combustion residuals in non-road11 way applications, in an amount equal to or 

12 greater than the amount described in the defini13 tion of beneficial use in section 257.53 of title 

14 40, Code of Federal Regulations, for which the 

15 person using the coal combustion residuals 

16 demonstrates, and keeps records showing, that 

17 such use does not result in environmental re18 leases to groundwater, surface water, soil, or air 

19 that— 

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

21 material or product that would be used in22 stead of the coal combustion residuals; or 

23 ‘‘(ii) exceed relevant regulatory and 

24 health-based benchmarks for human and 

25 ecological receptors. 


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1 ‘‘(l) EFFECT OF RULE.— 

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

3 rule entitled ‘Hazardous and Solid Waste Manage4 ment System; Disposal of Coal Combustion Residu5 als from Electric Utilities’ signed by the Adminis6 trator on December 19, 2014— 

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

8 through a coal combustion residuals permit pro9 gram under this section; and 

10 ‘‘(B) to the extent that any provision or re11 quirement of such rule conflicts, or is incon12 sistent, with a provision or requirement of this 

13 section, the provision or requirement of this 

14 section shall control. 

15 ‘‘(2) REFERENCES TO THE CODE OF FEDERAL

16 REGULATIONS.—For purposes of this section, any 

17 reference to a provision of the Code of Federal Reg18 ulations added by the rule described in paragraph 

19 (1) shall be considered to be a reference to such pro20 vision as it is contained in such rule. 

21 ‘‘(3) EFFECTIVE DATE.—For purposes of this 

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

23 of Federal Regulations, to the effective date con24 tained in section 257.51 of such part shall be consid25 ered to be a reference to the date of enactment of 


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

2 established by such a reference that is in conflict 

3 with a deadline established by this section, the dead4 line established by this section shall control. 

5 ‘‘(4) APPLICABILITY OF OTHER REGULA6 TIONS.—The application of section 257.52 of title 

7 40, Code of Federal Regulations, is not affected by 

8 this section. 

9 ‘‘(5) DEFINITIONS.—The definitions under sec10 tion 257.53 of title 40, Code of Federal Regulations, 

11 shall apply with respect to any criteria described in 

12 subsection (c) the requirements of which are incor13 porated into a coal combustion residuals permit pro14 gram under this section, except— 

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

16 ‘‘(B) a lead State implementing agency 

17 may make changes to such definitions if the 

18 lead State implementing agency— 

19 ‘‘(i) identifies the changes in the ex20 planation included with the certification 

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

22 and 

23 ‘‘(ii) provides in such explanation a 

24 reasonable basis for the changes. 


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1 ‘‘(6) OTHER CRITERIA.—The criteria described 

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

3 Federal Regulations, may be incorporated into a coal 

4 combustion residuals permit program at the discre5 tion of the implementing agency. 

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

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

8 term ‘coal combustion residuals’ means the following 

9 wastes generated by electric utilities and inde10 pendent power producers: 

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

12 3001(b)(3)(A)(i) that are generated primarily 

13 from the combustion of coal, including recover14 able materials from such wastes. 

15 ‘‘(B) Coal combustion wastes that are co16 managed with wastes produced in conjunction 

17 with the combustion of coal, provided that such 

18 wastes are not segregated and disposed of sepa19 rately from the coal combustion wastes and 

20 comprise a relatively small proportion of the 

21 total wastes being disposed in the structure. 

22 ‘‘(C) Fluidized bed combustion wastes that 

23 are generated primarily from the combustion of 

24 coal. 


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1 ‘‘(D) Wastes from the co-burning of coal 

2 with non-hazardous secondary materials, pro3 vided that coal makes up at least 50 percent of 

4 the total fuel burned. 

5 ‘‘(E) Wastes from the co-burning of coal 

6 with materials described in subparagraph (A) 

7 that are recovered from monofills. 

8 ‘‘(2) COAL COMBUSTION RESIDUALS PERMIT

9 PROGRAM.—The term ‘coal combustion residuals 

10 permit program’ means all of the authorities, activi11 ties, and procedures that comprise a system of prior 

12 approval and conditions implemented under this sec13 tion to regulate the management and disposal of coal 

14 combustion residuals. 

15 ‘‘(3) ELECTRIC UTILITY; INDEPENDENT POWER

16 PRODUCER.—The terms ‘electric utility’ and ‘inde17 pendent power producer’ include only electric utili18 ties and independent power producers that produce 

19 electricity on or after the date of enactment of this 

20 section. 

21 ‘‘(4) EXISTING STRUCTURE.—The term ‘exist22 ing structure’ means a structure the construction of 

23 which commenced before the date of enactment of 

24 this section. 


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1 ‘‘(5) IMPLEMENTING AGENCY.—The term ‘im2 plementing agency’ means the agency responsible for 

3 implementing a coal combustion residuals permit 

4 program, which shall either be the lead State imple5 menting agency identified under subsection 

6 (b)(2)(C)(i) or the Administrator pursuant to sub7 section (e). 

8 ‘‘(6) INACTIVE COAL COMBUSTION RESIDUALS

9 SURFACE IMPOUNDMENT.—The term ‘inactive coal 

10 combustion residuals surface impoundment’ means a 

11 surface impoundment, located at an electric utility 

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

13 of enactment of this section— 

14 ‘‘(A) does not receive coal combustion re15 siduals; 

16 ‘‘(B) contains coal combustion residuals; 

17 and 

18 ‘‘(C) contains liquid. 

19 ‘‘(7) STRUCTURE.— 

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

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

22 landfill, surface impoundment, sand or gravel 

23 pit, or quarry that receives coal combustion re24 siduals on or after the date of enactment of this 

25 section. 


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1 ‘‘(B) EXCEPTIONS.— 

2 ‘‘(i) MUNICIPAL SOLID WASTE LAND3 FILLS.—The term ‘structure’ does not in4 clude a municipal solid waste landfill. 

5 ‘‘(ii) DE MINIMIS RECEIPT.—The 

6 term ‘structure’ does not include any land7 fill or surface impoundment that receives 

8 only de minimis quantities of coal combus9 tion residuals if the presence of coal com10 bustion residuals is incidental to the mate11 rial managed in the landfill or surface im12 poundment. 

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

14 term ‘unlined surface impoundment’ means a sur15 face impoundment that does not have a liner system 

16 described in section 257.71 of title 40, Code of Fed17 eral Regulations.’’. 

18 (b) CONFORMING AMENDMENT.—The table of con19 tents contained in section 1001 of the Solid Waste Dis20 posal Act is amended by inserting after the item relating 

21 to section 4010 the following: 

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

22 SEC. 3. 2000 REGULATORY DETERMINATION. 

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

24 Act, shall be construed to alter in any manner the Envi25 ronmental Protection Agency’s regulatory determination 


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1 entitled ‘‘Notice of Regulatory Determination on Wastes 

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

3 Fed. Reg. 32214 (May 22, 2000), that the fossil fuel com4 bustion wastes addressed in that determination do not 

5 warrant regulation under subtitle C of the Solid Waste 

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

7 SEC. 4. TECHNICAL ASSISTANCE. 

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

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

10 to request, or the Administrator of the Environmental 

11 Protection Agency to provide, technical assistance under 

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

13 SEC. 5. FEDERAL POWER ACT. 

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

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

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

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

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

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


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Union Calendar No. 103 

114TH CONGRESS 

1ST SESSION H. R. 1734 

[Report No. 114–143] 

A BILL 

To amend subtitle D of the Solid Waste Disposal 

of human health and the environment. of coal combustion residuals that are protective ments for the proper management and disposal coal combustion residuals and establish requireAct to encourage recovery and beneficial use of 

JUNE 9, 2015 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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