IIB 

114TH CONGRESS 

2D SESSION H. R. 1734 

IN THE SENATE OF THE UNITED STATES 

JULY 23, 2015 

Received 

JULY 14, 2016 

Read twice and referred to the Committee on Environment and Public Works 

AN ACT 

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 

23 as provided by the deadline identified under subVerDate Sep 11 2014 22:58 Jul 15, 2016 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1734.RFS H1734

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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)(4); 

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) GENERAL AUTHORITY RE4 LATING TO GROUNDWATER MONI5 TORING AND CORRECTIVE ACTION.— 

6 Notwithstanding sections 257.90 

7 through 257.98 of title 40, Code of 

8 Federal Regulations, the imple9 menting agency may authorize alter10 native groundwater monitoring and 

11 corrective action requirements pro12 vided that such requirements are no 

13 less stringent than the alternative re14 quirements authorized to be estab15 lished under subpart E of part 258 of 

16 title 40, Code of Federal Regulations. 

17 ‘‘(V) OPPORTUNITY FOR CORREC18 TIVE ACTION FOR UNLINED SURFACE

19 IMPOUNDMENTS.—Notwithstanding 

20 section 257.101(a)(1) of title 40, Code 

21 of Federal Regulations, the imple22 menting agency may allow the owner 

23 or operator of an existing structure 

24 that is an unlined surface impound25 ment— 


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1 ‘‘(aa) to continue to operate, 

2 pursuant to sections 257.96 

3 through 257.98 of title 40, Code 

4 of Federal Regulations, until the 

5 date that is 102 months after the 

6 date of enactment of this section; 

7 and 

8 ‘‘(bb) to continue to operate 

9 after such date as long as such 

10 unlined surface impoundment 

11 meets the groundwater protection 

12 standard established pursuant to 

13 this subparagraph and any other 

14 applicable requirement estab15 lished pursuant to this section. 

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

17 criteria for closure described in sections 

18 257.101, 257.102, and 257.103 of title 40, 

19 Code of Federal Regulations, except— 

20 ‘‘(i) the criteria described in section 

21 257.101(a)(1) of title 40, Code of Federal 

22 Regulations, shall apply to an existing 

23 structure that is an unlined surface im24 poundment only if— 


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1 ‘‘(I) the unlined surface im2 poundment is not allowed to continue 

3 operation pursuant to subparagraph 

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

5 ‘‘(II) in the case of an unlined 

6 surface impoundment that is allowed 

7 to continue operation pursuant to sub8 paragraph (B)(ii)(VI)(aa), the date 

9 described in such subparagraph has 

10 passed and the unlined surface im11 poundment does not meet the require12 ments described in subparagraph 

13 (B)(ii)(VI)(bb); 

14 ‘‘(ii) the criteria described in section 

15 257.101(b)(1) of title 40, Code of Federal 

16 Regulations, shall not apply to existing 

17 structures, except as provided in subpara18 graphs (E)(i)(II) and (E)(ii); and 

19 ‘‘(iii) if an implementing agency has 

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

21 subparagraph (L), the criteria described in 

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

23 Federal Regulations, shall apply to struc24 tures that are surface impoundments only 

25 after such deadline. 


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

2 the criteria for post-closure care described in 

3 section 257.104 of title 40, Code of Federal 

4 Regulations. 

5 ‘‘(E) LOCATION RESTRICTIONS.— 

6 ‘‘(i) IN GENERAL.—The criteria for 

7 location restrictions described in— 

8 ‘‘(I) for new structures, including 

9 lateral expansions of existing struc10 tures, sections 257.60 through 257.64 

11 and 257.3–1 of title 40, Code of Fed12 eral Regulations; and 

13 ‘‘(II) for existing structures, sec14 tions 257.64 and 257.3–1 of title 40, 

15 Code of Federal Regulations. 

16 ‘‘(ii) ADDITIONAL AUTHORITY.—The 

17 implementing agency may apply the cri18 teria described in sections 257.60 through 

19 257.63 of title 40, Code of Federal Regula20 tions, to existing structures that are sur21 face impoundments. 

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

23 the criteria for air quality described in section 

24 257.80 of title 40, Code of Federal Regulations. 


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1 ‘‘(G) FINANCIAL ASSURANCE.—For all 

2 structures, the criteria for financial assurance 

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

4 Code of Federal Regulations. 

5 ‘‘(H) SURFACE WATER.—For all struc6 tures, the criteria for surface water described in 

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

8 Regulations. 

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

10 the criteria for recordkeeping described in sec11 tion 257.105 of title 40, Code of Federal Regu12 lations. 

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

14 For all structures that are landfills, sand or 

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

16 and run-off control described in section 257.81 

17 of title 40, Code of Federal Regulations. 

18 ‘‘(K) HYDROLOGIC AND HYDRAULIC CA19 PACITY REQUIREMENTS.—For all structures 

20 that are surface impoundments, the criteria for 

21 inflow design flood control systems described in 

22 section 257.82 of title 40, Code of Federal Reg23 ulations. 

24 ‘‘(L) STRUCTURAL INTEGRITY.—For struc25 tures that are surface impoundments, the criVerDate Sep 11 2014 22:58 Jul 15, 2016 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H1734.RFS H1734

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1 teria for structural integrity described in sec2 tions 257.73 and 257.74 of title 40, Code of 

3 Federal Regulations, except that, notwith4 standing section 257.73(f)(4) of title 40, Code 

5 of Federal Regulations, the implementing agen6 cy may provide for— 

7 ‘‘(i) up to 30 days for an owner or op8 erator to complete a safety factor assess9 ment when an owner or operator has failed 

10 to meet an applicable periodic assessment 

11 deadline provided in section 257.73(f) of 

12 title 40, Code of Federal Regulations; and 

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

14 operator to meet the safety factor assess15 ment criteria provided in section 

16 257.73(e)(1) of title 40, Code of Federal 

17 Regulations, if the implementing agency 

18 determines, through the initial safety fac19 tor assessment, that the structure does not 

20 meet such safety factor assessment criteria 

21 and that the structure does not pose an 

22 immediate threat of release. 

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

24 the criteria described in sections 257.83 and 

25 257.84 of title 40, Code of Federal Regulations. 


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1 ‘‘(3) PERMIT PROGRAM IMPLEMENTATION FOR

2 EXISTING STRUCTURES.— 

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

4 date on which a State submits a certification 

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

6 months after the Administrator receives notice 

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

8 months after the date of enactment of this sec9 tion with respect to a coal combustion residuals 

10 permit program that is being implemented by 

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

12 applicable, the implementing agency shall notify 

13 owners or operators of existing structures of— 

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

15 obtain a permit under subparagraph (C); 

16 and 

17 ‘‘(ii) the requirements referred to in 

18 subparagraph (B)(ii). 

19 ‘‘(B) COMPLIANCE WITH CERTAIN RE20 QUIREMENTS.— 

21 ‘‘(i) INITIAL DEADLINE FOR CERTAIN

22 REQUIREMENTS.—Not later than 8 months 

23 after the date of enactment of this section, 

24 the implementing agency shall require ownVerDate Sep 11 2014 22:58 Jul 15, 2016 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H1734.RFS H1734

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1 ers or operators of existing structures to 

2 comply with— 

3 ‘‘(I) the requirements under 

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

5 (2)(M); and 

6 ‘‘(II) the requirement for a per7 manent identification marker under 

8 the criteria described in paragraph 

9 (2)(L). 

10 ‘‘(ii) SUBSEQUENT DEADLINE FOR

11 CERTAIN OTHER REQUIREMENTS.—Not 

12 later than 12 months after the date on 

13 which a State submits a certification under 

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

15 months after the Administrator receives 

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

17 later than 36 months after the date of en18 actment of this section with respect to a 

19 coal combustion residuals permit program 

20 that is being implemented by the Adminis21 trator under subsection (e)(3), as applica22 ble, the implementing agency shall require 

23 owners or operators of existing structures 

24 to comply with— 


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1 ‘‘(I) the requirements under 

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

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

4 ‘‘(II) the requirement for a writ5 ten closure plan under the criteria de6 scribed in paragraph (2)(C). 

7 ‘‘(C) PERMITS.— 

8 ‘‘(i) PERMIT DEADLINE.—Not later 

9 than 48 months after the date on which a 

10 State submits a certification under sub11 section (b)(2), not later than 66 months 

12 after the Administrator receives notice 

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

14 than 72 months after the date of enact15 ment of this section with respect to a coal 

16 combustion residuals permit program that 

17 is being implemented by the Administrator 

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

19 implementing agency shall issue, with re20 spect to an existing structure, a final per21 mit incorporating the applicable require22 ments of the coal combustion residuals per23 mit program, or a final denial of an appli24 cation submitted requesting such a permit. 


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1 ‘‘(ii) APPLICATION DEADLINE.—The 

2 implementing agency shall identify, in col3 laboration with the owner or operator of an 

4 existing structure, a reasonable deadline by 

5 which the owner or operator shall submit a 

6 permit application under clause (i). 

7 ‘‘(D) INTERIM OPERATION.— 

8 ‘‘(i) PRIOR TO DEADLINES.—Unless 

9 the implementing agency determines that 

10 the structure should close in accordance 

11 with the criteria described in paragraph 

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

13 on or after the date of enactment of this 

14 section but prior to the applicable deadline 

15 in subparagraph (B), the owner or oper16 ator of an existing structure may continue 

17 to operate such structure until such appli18 cable deadline under any applicable regula19 tions in effect during such period. 

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

21 implementing agency determines that the 

22 structure should close in accordance with 

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

24 if the owner or operator of an existing 

25 structure meets the requirements referred 


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1 to in subparagraph (B) by the applicable 

2 deadline in such subparagraph, the owner 

3 or operator may operate the structure until 

4 such time as the implementing agency 

5 issues, under subparagraph (C), a final 

6 permit incorporating the requirements of 

7 the coal combustion residuals permit pro8 gram, or a final denial of an application 

9 submitted requesting such a permit. 

10 ‘‘(4) REQUIREMENTS FOR INACTIVE COAL COM11 BUSTION RESIDUALS SURFACE IMPOUNDMENTS.— 

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

13 after the date of enactment of this section, each 

14 owner or operator of an inactive coal combus15 tion residuals surface impoundment shall sub16 mit to the Administrator and the State in which 

17 such inactive coal combustion residuals surface 

18 impoundment is located a notice stating wheth19 er such inactive coal combustion residuals sur20 face impoundment will— 

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

22 date of enactment of this section, complete 

23 closure in accordance with section 257.100 

24 of title 40, Code of Federal Regulations; or 


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1 ‘‘(ii) comply with the requirements of 

2 the coal combustion residuals permit pro3 gram applicable to existing structures that 

4 are surface impoundments (except as pro5 vided in subparagraph (D)(ii)). 

6 ‘‘(B) EXTENSION.—In the case of an inac7 tive coal combustion residuals surface impound8 ment for which the owner or operator submits 

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

10 implementing agency may extend the closure 

11 deadline provided in such subparagraph by a 

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

13 operator of such inactive coal combustion re14 siduals surface impoundment— 

15 ‘‘(i) demonstrates to the satisfaction 

16 of the implementing agency that it is not 

17 feasible to complete closure of the inactive 

18 coal combustion residuals surface impound19 ment in accordance with section 257.100 

20 of title 40, Code of Federal Regulations, by 

21 the deadline provided in subparagraph 

22 (A)(i)— 

23 ‘‘(I) because of complications 

24 stemming from the climate or weath25 er, such as unusual amounts of preVerDate Sep 11 2014 22:58 Jul 15, 2016 Jkt 059200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H1734.RFS H1734

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1 cipitation or a significantly shortened 

2 construction season; 

3 ‘‘(II) because additional time is 

4 required to remove the liquid from the 

5 inactive coal combustion residuals sur6 face impoundment due to the volume 

7 of coal combustion residuals contained 

8 in the surface impoundment or the 

9 characteristics of the coal combustion 

10 residuals in such surface impound11 ment; 

12 ‘‘(III) because the geology and 

13 terrain surrounding the inactive coal 

14 combustion residuals surface im15 poundment will affect the amount of 

16 material needed to close the inactive 

17 coal combustion residuals surface im18 poundment; or 

19 ‘‘(IV) because additional time is 

20 required to coordinate with and obtain 

21 necessary approvals and permits; and 

22 ‘‘(ii) demonstrates to the satisfaction 

23 of the implementing agency that the inac24 tive coal combustion residuals surface imVerDate Sep 11 2014 22:58 Jul 15, 2016 Jkt 059200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H1734.RFS H1734

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1 poundment does not pose an immediate 

2 threat of release. 

3 ‘‘(C) FINANCIAL ASSURANCE.—The imple4 menting agency shall require the owner or oper5 ator of an inactive surface impoundment that 

6 has closed pursuant to this paragraph to per7 form post-closure care in accordance with the 

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

9 title 40, Code of Federal Regulations, and to 

10 provide financial assurance for such post-clo11 sure care in accordance with the criteria de12 scribed in section 258.72 of title 40, Code of 

13 Federal Regulations. 

14 ‘‘(D) TREATMENT AS STRUCTURE.— 

15 ‘‘(i) IN GENERAL.—An inactive coal 

16 combustion residuals surface impoundment 

17 shall be treated as an existing structure 

18 that is a surface impoundment for the pur19 poses of this section, including with respect 

20 to the requirements of paragraphs (1) and 

21 (2), if— 

22 ‘‘(I) the owner or operator does 

23 not submit a notice in accordance 

24 with subparagraph (A); or 


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1 ‘‘(II) the owner or operator sub2 mits a notice described in subpara3 graph (A)(ii). 

4 ‘‘(ii) INACTIVE COAL COMBUSTION RE5 SIDUALS SURFACE IMPOUNDMENTS THAT

6 FAIL TO CLOSE.—An inactive coal combus7 tion residuals surface impoundment for 

8 which the owner or operator submits a no9 tice described in subparagraph (A)(i) that 

10 does not close by the deadline provided 

11 under subparagraph (A)(i) or subpara12 graph (B), as applicable— 

13 ‘‘(I) shall be treated as an exist14 ing structure for purposes of this sec15 tion beginning on the date that is the 

16 day after such applicable deadline, in17 cluding by— 

18 ‘‘(aa) being required to com19 ply with the requirements of 

20 paragraph (1), as applicable; and 

21 ‘‘(bb) being required to com22 ply, beginning on such date, with 

23 each requirement of paragraph 

24 (2); but 


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1 ‘‘(II) shall not be required to 

2 comply with paragraph (3). 

3 ‘‘(d) FEDERAL REVIEW OF STATE PERMIT PRO4 GRAMS.— 

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

6 provide to a State written notice and an opportunity 

7 to remedy deficiencies in accordance with paragraph 

8 (3) if at any time the State— 

9 ‘‘(A) does not satisfy the notification re10 quirement under subsection (b)(1); 

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

12 required under subsection (b)(2); 

13 ‘‘(C) does not satisfy the maintenance re14 quirement under subsection (b)(3); 

15 ‘‘(D) is not implementing a coal combus16 tion residuals permit program, with respect to 

17 which the State has submitted a certification 

18 under subsection (b)(2), that meets the require19 ments described in subsection (c); 

20 ‘‘(E) is not implementing a coal combus21 tion residuals permit program, with respect to 

22 which the State has submitted a certification 

23 under subsection (b)(2)— 

24 ‘‘(i) that is consistent with such cer25 tification; and 


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

2 have in effect statutes or regulations nec3 essary to implement such program; or 

4 ‘‘(F) does not make available to the Ad5 ministrator, within 90 days of a written re6 quest, specific information necessary for the 

7 Administrator to ascertain whether the State 

8 has satisfied the requirements described in sub9 paragraphs (A) through (E). 

10 ‘‘(2) REQUEST.—If a request described in para11 graph (1)(F) is proposed pursuant to a petition to 

12 the Administrator, the Administrator shall make the 

13 request only if the Administrator does not possess 

14 the information necessary to ascertain whether the 

15 State has satisfied the requirements described in 

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

17 ‘‘(3) CONTENTS OF NOTICE; DEADLINE FOR RE18 SPONSE.—A notice provided under paragraph (1) 

19 shall— 

20 ‘‘(A) include findings of the Administrator 

21 detailing any applicable deficiencies described in 

22 subparagraphs (A) through (F) of paragraph 

23 (1); and 

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

25 State, a reasonable deadline by which the State 


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1 shall remedy such applicable deficiencies, which 

2 shall be— 

3 ‘‘(i) in the case of a deficiency de4 scribed in subparagraphs (A) through (E) 

5 of paragraph (1), not earlier than 180 

6 days after the date on which the State re7 ceives the notice; and 

8 ‘‘(ii) in the case of a deficiency de9 scribed in paragraph (1)(F), not later than 

10 90 days after the date on which the State 

11 receives the notice. 

12 ‘‘(4) CONSIDERATIONS FOR DETERMINING DE13 FICIENCY OF STATE PERMIT PROGRAM.—In making 

14 a determination whether a State has failed to satisfy 

15 the requirements described in subparagraphs (A) 

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

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

18 consider, as appropriate— 

19 ‘‘(A) whether the State’s statutes or regu20 lations to implement a coal combustion residu21 als permit program are not sufficient to meet 

22 the requirements described in subsection (c) be23 cause of— 


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

2 or enact new statutes or regulations when 

3 necessary; or 

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

5 court striking down or limiting such State 

6 statutes or regulations; 

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

8 coal combustion residuals permit program fails 

9 to comply with the requirements of subsection 

10 (c) because of— 

11 ‘‘(i) failure of the State to issue per12 mits as required in subsection (c)(1)(A); 

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

14 permits that do not meet the requirements 

15 of subsection (c); 

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

17 with the public participation requirements 

18 of this section; or 

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

20 corrective action requirements required 

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

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

23 coal combustion residuals permit program fails 

24 to comply with the requirements of this section 

25 because of— 


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1 ‘‘(i) failure to act on violations of per2 mits, as identified by the State; or 

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

4 inspect or otherwise determine compliance 

5 pursuant to the process identified under 

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

7 ‘‘(e) IMPLEMENTATION BY ADMINISTRATOR.— 

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

9 Administrator shall implement a coal combustion re10 siduals permit program for a State if— 

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

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

13 State will not adopt and implement a permit 

14 program; 

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

16 subsection (d) and the Administrator deter17 mines, after providing a 30-day period for no18 tice and public comment, that the State has 

19 failed, by the deadline identified in the notice 

20 under subsection (d)(3)(B), to remedy the defi21 ciencies detailed in the notice pursuant to sub22 section (d)(3)(A); or 

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

24 in writing, that such State will no longer imple25 ment such a permit program. 


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

2 a determination by the Administrator under this 

3 subsection as if the determination was a final regu4 lation for purposes of section 7006. 

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

6 inactive coal combustion residuals surface impound7 ments located on property within the exterior bound8 aries of a State that the State does not have author9 ity or jurisdiction to regulate, the Administrator 

10 shall implement a coal combustion residuals permit 

11 program only for those structures and inactive coal 

12 combustion residuals surface impoundments. 

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

14 implements a coal combustion residuals permit pro15 gram under paragraph (1) or (3), the permit pro16 gram shall consist of the requirements described in 

17 subsection (c). 

18 ‘‘(5) ENFORCEMENT.— 

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

20 implements a coal combustion residuals permit 

21 program for a State under paragraph (1)— 

22 ‘‘(i) the authorities referred to in sec23 tion 4005(c)(2)(A) shall apply with respect 

24 to coal combustion residuals, structures, 

25 and inactive coal combustion residuals surVerDate Sep 11 2014 22:58 Jul 15, 2016 Jkt 059200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H1734.RFS H1734

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1 face impoundments for which the Adminis2 trator is implementing the coal combustion 

3 residuals permit program; and 

4 ‘‘(ii) the Administrator may use those 

5 authorities to inspect, gather information, 

6 and enforce the requirements of this sec7 tion in the State. 

8 ‘‘(B) OTHER STRUCTURES.—If the Admin9 istrator implements a coal combustion residuals 

10 permit program under paragraph (3)— 

11 ‘‘(i) the authorities referred to in sec12 tion 4005(c)(2)(A) shall apply with respect 

13 to coal combustion residuals, structures, 

14 and inactive coal combustion residuals sur15 face impoundments for which the Adminis16 trator is implementing the coal combustion 

17 residuals permit program; and 

18 ‘‘(ii) the Administrator may use those 

19 authorities to inspect, gather information, 

20 and enforce the requirements of this sec21 tion for the structures and inactive coal 

22 combustion residuals surface impound23 ments for which the Administrator is im24 plementing the coal combustion residuals 

25 permit program. 


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

2 Administrator implements a coal combustion residu3 als permit program under this subsection, the Ad4 ministrator shall provide a 30-day period for the 

5 public participation process required under sub6 section (c)(1)(B)(i). 

7 ‘‘(f) STATE CONTROL AFTER IMPLEMENTATION BY

8 ADMINISTRATOR.— 

9 ‘‘(1) STATE CONTROL.— 

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

11 AND IMPLEMENTATION BY STATE.—For a State 

12 for which the Administrator is implementing a 

13 coal combustion residuals permit program 

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

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

16 such a permit program by— 

17 ‘‘(i) notifying the Administrator that 

18 the State will adopt and implement such a 

19 permit program; 

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

21 date of such notification, submitting to the 

22 Administrator a certification under sub23 section (b)(2); and 

24 ‘‘(iii) receiving from the Adminis25 trator— 


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1 ‘‘(I) a determination, after the 

2 Administrator provides for a 30-day 

3 period for notice and public comment, 

4 that the State coal combustion residu5 als permit program meets the require6 ments described in subsection (c); and 

7 ‘‘(II) a timeline for transition to 

8 the State coal combustion residuals 

9 permit program. 

10 ‘‘(B) REMEDYING DEFICIENT PERMIT PRO11 GRAM.—For a State for which the Adminis12 trator is implementing a coal combustion re13 siduals permit program under subsection 

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

15 such a permit program by— 

16 ‘‘(i) remedying only the deficiencies 

17 detailed in the notice pursuant to sub18 section (d)(3)(A); and 

19 ‘‘(ii) receiving from the Adminis20 trator— 

21 ‘‘(I) a determination, after the 

22 Administrator provides for a 30-day 

23 period for notice and public comment, 

24 that the deficiencies detailed in such 

25 notice have been remedied; and 


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1 ‘‘(II) a timeline for transition to 

2 the State coal combustion residuals 

3 permit program. 

4 ‘‘(2) REVIEW OF DETERMINATION.— 

5 ‘‘(A) DETERMINATION REQUIRED.—The 

6 Administrator shall make a determination 

7 under paragraph (1) not later than 90 days 

8 after the date on which the State submits a cer9 tification under paragraph (1)(A)(ii), or notifies 

10 the Administrator that the deficiencies have 

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

12 as applicable. 

13 ‘‘(B) REVIEW.—A State may obtain a re14 view of a determination by the Administrator 

15 under paragraph (1) as if such determination 

16 was a final regulation for purposes of section 

17 7006. 

18 ‘‘(g) IMPLEMENTATION DURING TRANSITION.— 

19 ‘‘(1) EFFECT ON ACTIONS AND ORDERS.—Pro20 gram requirements of, and actions taken or orders 

21 issued pursuant to, a coal combustion residuals per22 mit program shall remain in effect if— 

23 ‘‘(A) a State takes control of its coal com24 bustion residuals permit program from the Ad25 ministrator under subsection (f)(1); or 


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

2 coal combustion residuals permit program from 

3 a State under subsection (e). 

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

5 (1) shall apply to such program requirements, ac6 tions, and orders until such time as— 

7 ‘‘(A) the implementing agency that took 

8 control of the coal combustion residuals permit 

9 program changes the requirements of the coal 

10 combustion residuals permit program with re11 spect to the basis for the action or order; or 

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

13 action, the State or the Administrator, which14 ever took the action or issued the order, cer15 tifies the completion of the corrective action 

16 that is the subject of the action or order. 

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

18 otherwise provided in this subsection— 

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

20 coal combustion residuals permit program 

21 under subsection (f), the Administrator shall 

22 cease to implement the coal combustion residu23 als permit program implemented under sub24 section (e) for such State; and 


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1 ‘‘(B) if the Administrator implements a 

2 coal combustion residuals permit program for a 

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

4 cease to implement its coal combustion residu5 als permit program. 

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

7 OR 3006.—The Administrator shall not consider the im8 plementation of a coal combustion residuals permit pro9 gram by the Administrator under subsection (e) in making 

10 a determination of approval for a permit program or other 

11 system of prior approval and conditions under section 

12 4005(c) or of authorization for a program under section 

13 3006. 

14 ‘‘(i) AUTHORITY.— 

15 ‘‘(1) STATE AUTHORITY.—Nothing in this sec16 tion shall preclude or deny any right of any State to 

17 adopt or enforce any regulation or requirement re18 specting coal combustion residuals that is more 

19 stringent or broader in scope than a regulation or 

20 requirement under this section. 

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

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

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

24 section 6005, the Administrator shall, with re25 spect to the regulation of coal combustion reVerDate Sep 11 2014 22:58 Jul 15, 2016 Jkt 059200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H1734.RFS H1734

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1 siduals under this Act, defer to the States pur2 suant to this section. 

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

4 section shall be construed as affecting the au5 thority of the Administrator under section 7003 

6 with respect to coal combustion residuals. 

7 ‘‘(C) ENFORCEMENT ASSISTANCE ONLY

8 UPON REQUEST.—Upon request from the head 

9 of a lead State implementing agency, the Ad10 ministrator may provide to such State agency 

11 only the enforcement assistance requested. 

12 ‘‘(D) CONCURRENT ENFORCEMENT.—Ex13 cept as provided in subparagraph (C) of this 

14 paragraph and subsection (g), the Adminis15 trator shall not have concurrent enforcement 

16 authority when a State is implementing a coal 

17 combustion residuals permit program, including 

18 during any period of interim operation de19 scribed in subsection (c)(3)(D). 

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

21 shall be construed to affect the authority of a person 

22 to commence a civil action in accordance with sec23 tion 7002. 

24 ‘‘(j) MINE RECLAMATION ACTIVITIES.—A coal com25 bustion residuals permit program implemented by the AdVerDate Sep 11 2014 22:58 Jul 15, 2016 Jkt 059200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H1734.RFS H1734

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1 ministrator under subsection (e) shall not apply to the uti2 lization, placement, and storage of coal combustion residu3 als at surface or underground coal mining and reclamation 

4 operations. 

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

6 of coal combustion residuals in any of the following ways 

7 shall not be considered to be receipt of coal combustion 

8 residuals for the purposes of this section: 

9 ‘‘(1) Use as— 

10 ‘‘(A) engineered structural fill constructed 

11 in accordance with— 

12 ‘‘(i) ASTM E2277 entitled ‘Standard 

13 Guide for Design and Construction of Coal 

14 Ash Structural Fills’, including any 

15 amendment or revision to that guidance; 

16 ‘‘(ii) any other published national 

17 standard determined appropriate by the 

18 implementing agency; or 

19 ‘‘(iii) a State standard or program re20 lating to— 

21 ‘‘(I) fill operations for coal com22 bustion residuals; or 

23 ‘‘(II) the management of coal 

24 combustion residuals for beneficial 

25 use; or 


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1 ‘‘(B) engineered structural fill for— 

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

3 ‘‘(ii) a base or embankment for a 

4 bridge, roadway, runway, or railroad; or 

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

6 is not part of a structure. 

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

8 with the management of raw materials, if the coal 

9 combustion residuals being stored are intended to be 

10 used in a product or as a raw material. 

11 ‘‘(3) Beneficial use— 

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

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

14 virgin material; 

15 ‘‘(C) that meets relevant product specifica16 tions and regulatory or design standards; and 

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

18 land of coal combustion residuals in non-road19 way applications, in an amount equal to or 

20 greater than the amount described in the defini21 tion of beneficial use in section 257.53 of title 

22 40, Code of Federal Regulations, for which the 

23 person using the coal combustion residuals 

24 demonstrates, and keeps records showing, that 

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1 leases to groundwater, surface water, soil, or air 

2 that— 

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

4 material or product that would be used in5 stead of the coal combustion residuals; or 

6 ‘‘(ii) exceed relevant regulatory and 

7 health-based benchmarks for human and 

8 ecological receptors. 

9 ‘‘(l) EFFECT OF RULE.— 

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

11 rule entitled ‘Hazardous and Solid Waste Manage12 ment System; Disposal of Coal Combustion Residu13 als from Electric Utilities’ and published in the Fed14 eral Register on April 17, 2015 (80 Fed. Reg. 

15 21302)— 

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

17 through a coal combustion residuals permit pro18 gram under this section; and 

19 ‘‘(B) to the extent that any provision or re20 quirement of such rule conflicts, or is incon21 sistent, with a provision or requirement of this 

22 section, the provision or requirement of this 

23 section shall control. 

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

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


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1 of Federal Regulations, to the effective date con2 tained in section 257.51 of such part shall be consid3 ered to be a reference to the date of enactment of 

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

5 established by such a reference that is in conflict 

6 with a deadline established by this section, the dead7 line established by this section shall control. 

8 ‘‘(3) APPLICABILITY OF OTHER REGULA9 TIONS.—The application of section 257.52 of title 

10 40, Code of Federal Regulations, is not affected by 

11 this section. 

12 ‘‘(4) DEFINITIONS.—The definitions under sec13 tion 257.53 of title 40, Code of Federal Regulations, 

14 shall apply with respect to any criteria described in 

15 subsection (c) the requirements of which are incor16 porated into a coal combustion residuals permit pro17 gram under this section, except— 

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

19 ‘‘(B) a lead State implementing agency 

20 may make changes to such definitions if the 

21 lead State implementing agency— 

22 ‘‘(i) identifies the changes in the ex23 planation included with the certification 

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

25 and 


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1 ‘‘(ii) provides in such explanation a 

2 reasonable basis for the changes. 

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

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

5 Federal Regulations, may be incorporated into a coal 

6 combustion residuals permit program at the discre7 tion of the implementing agency. 

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

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

10 term ‘coal combustion residuals’ means the following 

11 wastes generated by electric utilities and inde12 pendent power producers: 

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

14 3001(b)(3)(A)(i) that are generated primarily 

15 from the combustion of coal, including recover16 able materials from such wastes. 

17 ‘‘(B) Coal combustion wastes that are co18 managed with wastes produced in conjunction 

19 with the combustion of coal, provided that such 

20 wastes are not segregated and disposed of sepa21 rately from the coal combustion wastes and 

22 comprise a relatively small proportion of the 

23 total wastes being disposed in the structure. 


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1 ‘‘(C) Fluidized bed combustion wastes that 

2 are generated primarily from the combustion of 

3 coal. 

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

5 with non-hazardous secondary materials, pro6 vided that coal makes up at least 50 percent of 

7 the total fuel burned. 

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

9 with materials described in subparagraph (A) 

10 that are recovered from monofills. 

11 ‘‘(2) COAL COMBUSTION RESIDUALS PERMIT

12 PROGRAM.—The term ‘coal combustion residuals 

13 permit program’ means all of the authorities, activi14 ties, and procedures that comprise a system of prior 

15 approval and conditions implemented under this sec16 tion to regulate the management and disposal of coal 

17 combustion residuals. 

18 ‘‘(3) ELECTRIC UTILITY; INDEPENDENT POWER

19 PRODUCER.—The terms ‘electric utility’ and ‘inde20 pendent power producer’ include only electric utili21 ties and independent power producers that produce 

22 electricity on or after the date of enactment of this 

23 section. 

24 ‘‘(4) EXISTING STRUCTURE.—The term ‘exist25 ing structure’ means a structure the construction of 


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1 which commenced before the date of enactment of 

2 this section. 

3 ‘‘(5) IMPLEMENTING AGENCY.—The term ‘im4 plementing agency’ means the agency responsible for 

5 implementing a coal combustion residuals permit 

6 program, which shall either be the lead State imple7 menting agency identified under subsection 

8 (b)(2)(C)(i) or the Administrator pursuant to sub9 section (e). 

10 ‘‘(6) INACTIVE COAL COMBUSTION RESIDUALS

11 SURFACE IMPOUNDMENT.—The term ‘inactive coal 

12 combustion residuals surface impoundment’ means a 

13 surface impoundment, located at an electric utility 

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

15 of enactment of this section— 

16 ‘‘(A) does not receive coal combustion re17 siduals; 

18 ‘‘(B) contains coal combustion residuals; 

19 and 

20 ‘‘(C) contains liquid. 

21 ‘‘(7) STRUCTURE.— 

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

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

24 landfill, surface impoundment, sand or gravel 

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1 siduals on or after the date of enactment of this 

2 section. 

3 ‘‘(B) EXCEPTIONS.— 

4 ‘‘(i) MUNICIPAL SOLID WASTE LAND5 FILLS.—The term ‘structure’ does not in6 clude a municipal solid waste landfill. 

7 ‘‘(ii) DE MINIMIS RECEIPT.—The 

8 term ‘structure’ does not include any land9 fill or surface impoundment that receives 

10 only de minimis quantities of coal combus11 tion residuals if the presence of coal com12 bustion residuals is incidental to the mate13 rial managed in the landfill or surface im14 poundment. 

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

16 term ‘unlined surface impoundment’ means a sur17 face impoundment that does not have a liner system 

18 described in section 257.71 of title 40, Code of Fed19 eral Regulations.’’. 

20 (b) CONFORMING AMENDMENT.—The table of con21 tents contained in section 1001 of the Solid Waste Dis22 posal Act is amended by inserting after the item relating 

23 to section 4010 the following: 

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


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1 SEC. 3. 2000 REGULATORY DETERMINATION. 

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

3 Act, shall be construed to alter in any manner the Envi4 ronmental Protection Agency’s regulatory determination 

5 entitled ‘‘Notice of Regulatory Determination on Wastes 

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

7 Fed. Reg. 32214 (May 22, 2000), that the fossil fuel com8 bustion wastes addressed in that determination do not 

9 warrant regulation under subtitle C of the Solid Waste 

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

11 SEC. 4. TECHNICAL ASSISTANCE. 

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

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

14 to request, or the Administrator of the Environmental 

15 Protection Agency to provide, technical assistance under 

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

17 SEC. 5. FEDERAL POWER ACT. 

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

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

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

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


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

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

Passed the House of Representatives July 22, 2015. 

Attest: KAREN L. HAAS, 

Clerk. 


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