I 

114TH CONGRESS 

1ST SESSION H. R. 1734 

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 

A BILL 

To amend subtitle D of the Solid Waste Disposal Act to 

encourage recovery and beneficial use of coal combustion 

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

are protective of human health and the environment. 

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


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1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Improving Coal Combustion Residuals Regulation Act of 

4 2015’’. 

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

6 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. 

7 SEC. 2. MANAGEMENT AND DISPOSAL OF COAL COMBUS8 TION RESIDUALS. 

9 (a) IN GENERAL.—Subtitle D of the Solid Waste Dis10 posal Act (42 U.S.C. 6941 et seq.) is amended by adding 

11 at the end the following: 

12 ‘‘SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COM13 BUSTION RESIDUALS. 

14 ‘‘(a) STATE PERMIT PROGRAMS FOR COAL COMBUS15 TION RESIDUALS.—Each State may adopt, implement, 

16 and enforce a coal combustion residuals permit program 

17 in accordance with this section. 

18 ‘‘(b) STATE ACTIONS.— 

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

20 after the date of enactment of this section (except 

21 as provided by the deadline identified under sub22 section (d)(3)(B)), the Governor of each State shall 

23 notify the Administrator, in writing, whether such 


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1 State will adopt and implement a coal combustion 

2 residuals permit program. 

3 ‘‘(2) CERTIFICATION.— 

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

5 months after the date of enactment of this sec6 tion (except as provided in subparagraph (B) 

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

8 that has notified the Administrator that it will 

9 implement a coal combustion residuals permit 

10 program, the head of the lead State imple11 menting agency shall submit to the Adminis12 trator a certification that such coal combustion 

13 residuals permit program meets the require14 ments described in subsection (c). 

15 ‘‘(B) EXTENSION.— 

16 ‘‘(i) REQUIREMENTS.—The Adminis17 trator may extend the deadline for submis18 sion of a certification for a State under 

19 subparagraph (A) for a period of 12 

20 months if the State submits to the Admin21 istrator a request for such an extension 

22 that— 

23 ‘‘(I) describes the efforts of the 

24 State to meet such deadline; 


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1 ‘‘(II) demonstrates that the legis2 lative or rulemaking procedures of 

3 such State render the State unable 

4 meet such deadline; and 

5 ‘‘(III) provides the Administrator 

6 with a detailed schedule for comple7 tion and submission of the certifi8 cation. 

9 ‘‘(ii) DETERMINATION.—If the Ad10 ministrator does not approve or deny a re11 quest submitted under clause (i) by the 

12 date that is 30 days after such submission, 

13 the request shall be deemed approved. 

14 ‘‘(C) CONTENTS.—A certification sub15 mitted under this paragraph shall include— 

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

17 implementing agency, signed by the head 

18 of such agency; 

19 ‘‘(ii) identification of any other State 

20 agencies involved with the implementation 

21 of the coal combustion residuals permit 

22 program; 

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

24 coal combustion residuals permit program 


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1 meets the requirements of this section, in2 cluding— 

3 ‘‘(I) a description of the 

4 State’s— 

5 ‘‘(aa) process to inspect or 

6 otherwise determine compliance 

7 with such permit program; 

8 ‘‘(bb) process to enforce the 

9 requirements of such permit pro10 gram; 

11 ‘‘(cc) public participation 

12 process for the promulgation, 

13 amendment, or repeal of regula14 tions for, and the issuance of 

15 permits under, such permit pro16 gram; and 

17 ‘‘(dd) statutes, regulations, 

18 or policies pertaining to public 

19 access to information, including 

20 information on groundwater mon21 itoring data, structural stability 

22 assessments, emergency action 

23 plans, fugitive dust control plans, 

24 notifications of closure (including 

25 any certification of closure by a 


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1 qualified professional engineer), 

2 and corrective action remedies; 

3 and 

4 ‘‘(II) identification of any 

5 changes to the definitions under sec6 tion 257.53 of title 40, Code of Fed7 eral Regulations, for purposes of the 

8 State coal combustion residuals per9 mit program, including a reasonable 

10 basis for such changes, as required 

11 under subsection (l)(5); 

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

13 in effect, at the time of certification, stat14 utes or regulations necessary to implement 

15 a coal combustion residuals permit pro16 gram that meets the requirements de17 scribed in subsection (c); 

18 ‘‘(v) copies of State statutes and regu19 lations described in clause (iv); 

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

21 State to a release at a structure or inactive 

22 surface impoundment that has the poten23 tial for impact beyond the site on which 

24 the structure or inactive surface impound25 ment is located; and 


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1 ‘‘(vii) a plan for coordination among 

2 States in the event of a release that 

3 crosses State lines. 

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

5 certification as needed to reflect changes to the 

6 coal combustion residuals permit program. 

7 ‘‘(3) MAINTENANCE OF 4005(c) OR 3006 PRO8 GRAM.—In order to adopt or implement a coal com9 bustion residuals permit program under this section 

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

11 implementing agency shall maintain an approved 

12 permit program or other system of prior approval 

13 and conditions under section 4005(c) or an author14 ized program under section 3006. 

15 ‘‘(c) REQUIREMENTS FOR A COAL COMBUSTION RE16 SIDUALS PERMIT PROGRAM.—A coal combustion residuals 

17 permit program shall consist of the following: 

18 ‘‘(1) GENERAL REQUIREMENTS.— 

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

20 shall require that owners or operators of struc21 tures apply for and obtain permits incor22 porating the applicable requirements of the coal 

23 combustion residuals permit program. 

24 ‘‘(B) PUBLIC AVAILABILITY OF INFORMA25 TION.—Except for information with respect to 


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1 which disclosure is prohibited under section 

2 1905 of title 18, United States Code, the imple3 menting agency shall ensure that— 

4 ‘‘(i) documents for permit determina5 tions are made publicly available for review 

6 and comment under the public participa7 tion process of the coal combustion residu8 als permit program; 

9 ‘‘(ii) final determinations on permit 

10 applications are made publicly available; 

11 ‘‘(iii) information on groundwater 

12 monitoring data, structural stability as13 sessments, emergency action plans, fugitive 

14 dust control plans, notifications of closure 

15 (including any certification of closure by a 

16 qualified professional engineer), and cor17 rective action remedies required pursuant 

18 to paragraph (2), collected in a manner de19 termined appropriate by the implementing 

20 agency, is publicly available, including on 

21 an Internet website; and 

22 ‘‘(iv) information regarding the exer23 cise by the implementing agency of any 

24 discretionary authority granted under this 

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1 scribed in subsection (l)(1) is made pub2 licly available. 

3 ‘‘(C) AGENCY AUTHORITY.— 

4 ‘‘(i) IN GENERAL.—The implementing 

5 agency shall— 

6 ‘‘(I) obtain information necessary 

7 to determine whether the owner or op8 erator of a structure is in compliance 

9 with the requirements of the coal com10 bustion residuals permit program; 

11 ‘‘(II) conduct or require moni12 toring or testing to ensure that struc13 tures are in compliance with the re14 quirements of the coal combustion re15 siduals permit program; and 

16 ‘‘(III) enter any site or premise 

17 at which a structure or inactive coal 

18 combustion residuals surface im19 poundment is located for the purpose 

20 of inspecting such structure or surface 

21 impoundment and reviewing relevant 

22 records. 

23 ‘‘(ii) MONITORING AND TESTING.—If 

24 monitoring or testing is conducted under 

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


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1 agency, the implementing agency shall, if 

2 requested, provide to the owner or oper3 ator— 

4 ‘‘(I) a written description of the 

5 monitoring or testing completed; 

6 ‘‘(II) at the time of sampling, a 

7 portion of each sample equal in vol8 ume or weight to the portion retained 

9 by or for the implementing agency; 

10 and 

11 ‘‘(III) a copy of the results of 

12 any analysis of samples collected by or 

13 for the implementing agency. 

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

15 shall apply the following criteria with respect to 

16 structures: 

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

18 structures, including lateral expansions of exist19 ing structures, the criteria regarding design re20 quirements described in sections 257.70 and 

21 257.72 of title 40, Code of Federal Regulations, 

22 as applicable. 

23 ‘‘(B) GROUNDWATER MONITORING AND

24 CORRECTIVE ACTION.— 


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1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clause (ii), for all structures, the 

3 criteria regarding groundwater monitoring 

4 and corrective action requirements de5 scribed in sections 257.90 through 257.98 

6 of title 40, Code of Federal Regulations, 

7 including— 

8 ‘‘(I) for the purposes of detection 

9 monitoring, the constituents described 

10 in appendix III to part 257 of title 

11 40, Code of Federal Regulations; and 

12 ‘‘(II) for the purposes of assess13 ment monitoring, establishing a 

14 groundwater protection standard, and 

15 assessment of corrective measures, the 

16 constituents described in appendix IV 

17 to part 257 of title 40, Code of Fed18 eral Regulations. 

19 ‘‘(ii) EXCEPTIONS AND ADDITIONAL

20 AUTHORITY.— 

21 ‘‘(I) ALTERNATIVE POINT OF

22 COMPLIANCE.—Notwithstanding sec23 tion 257.91(a)(2) of title 40, Code of 

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1 evant point of compliance for the 

2 down-gradient monitoring system as 

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

4 title 40, Code of Federal Regulations. 

5 ‘‘(II) ALTERNATIVE GROUND6 WATER PROTECTION STANDARDS.— 

7 Notwithstanding section 257.95(h) of 

8 title 40, Code of Federal Regulations, 

9 the implementing agency may estab10 lish an alternative groundwater pro11 tection standard as provided in section 

12 258.55(i) of title 40, Code of Federal 

13 Regulations. 

14 ‘‘(III) ABILITY TO DETERMINE

15 THAT CORRECTIVE ACTION IS NOT

16 NECESSARY OR TECHNICALLY FEA17 SIBLE.—Notwithstanding section 

18 257.97 of title 40, Code of Federal 

19 Regulations, the implementing agency 

20 may determine that remediation of a 

21 release from a structure is not nec22 essary as provided in section 

23 258.57(e) of title 40, Code of Federal 

24 Regulations. 


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1 ‘‘(IV) AUTHORITY RELATING TO

2 RELEASES, OTHER THAN RELEASES

3 TO GROUNDWATER.—Notwithstanding 

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

5 title 40, Code of Federal Regulations, 

6 the implementing agency may, with 

7 respect to a release from a structure, 

8 other than a release to groundwater, 

9 authorize, for purposes of complying 

10 with this section, remediation of such 

11 release in accordance with other appli12 cable Federal or State requirements if 

13 compliance with such requirements 

14 will result in the same level of protec15 tion as compliance with the criteria 

16 described in sections 257.96 through 

17 257.98 of title 40, Code of Federal 

18 Regulations, taking into consideration 

19 the nature of the release. 

20 ‘‘(V) GENERAL AUTHORITY RE21 LATING TO GROUNDWATER MONI22 TORING AND CORRECTIVE ACTION.— 

23 Notwithstanding sections 257.90 

24 through 257.98 of title 40, Code of 

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1 menting agency may authorize alter2 native groundwater monitoring and 

3 corrective action requirements pro4 vided that such requirements are no 

5 less stringent than the alternative re6 quirements authorized to be estab7 lished under subpart E of part 258 of 

8 title 40, Code of Federal Regulations. 

9 ‘‘(VI) OPPORTUNITY FOR COR10 RECTIVE ACTION FOR UNLINED SUR11 FACE IMPOUNDMENTS.—Notwith12 standing section 257.101(a)(1) of title 

13 40, Code of Federal Regulations, the 

14 implementing agency may allow the 

15 owner or operator of an existing 

16 structure that is an unlined surface 

17 impoundment— 

18 ‘‘(aa) to continue to operate, 

19 pursuant to sections 257.96 

20 through 257.98 of title 40, Code 

21 of Federal Regulations, until the 

22 date that is 102 months after the 

23 date of enactment of this section; 

24 and 


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1 ‘‘(bb) to continue to operate 

2 after such date as long as such 

3 unlined surface impoundment 

4 meets the groundwater protection 

5 standard established pursuant to 

6 this subparagraph and any other 

7 applicable requirement estab8 lished pursuant to this section. 

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

10 criteria for closure described in sections 

11 257.101, 257.102, and 257.103 of title 40, 

12 Code of Federal Regulations, except— 

13 ‘‘(i) the criteria described in section 

14 257.101(a)(1) of title 40, Code of Federal 

15 Regulations, shall apply to an existing 

16 structure that is an unlined surface im17 poundment only if— 

18 ‘‘(I) the unlined surface im19 poundment is not allowed to continue 

20 operation pursuant to subparagraph 

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

22 ‘‘(II) in the case of an unlined 

23 surface impoundment that is allowed 

24 to continue operation pursuant to sub25 paragraph (B)(ii)(VI)(aa), the date 


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1 described in such subparagraph has 

2 passed and the unlined surface im3 poundment does not meet the require4 ments described in subparagraph 

5 (B)(ii)(VI)(bb); 

6 ‘‘(ii) the criteria described in section 

7 257.101(b)(1) of title 40, Code of Federal 

8 Regulations, shall not apply to existing 

9 structures, except as provided in subpara10 graphs (E)(i)(II) and (E)(ii); and 

11 ‘‘(iii) if an implementing agency has 

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

13 subparagraph (L), the criteria described in 

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

15 Federal Regulations, shall apply to struc16 tures that are surface impoundments only 

17 after such deadline. 

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

19 the criteria for post-closure care described in 

20 section 257.104 of title 40, Code of Federal 

21 Regulations. 

22 ‘‘(E) LOCATION RESTRICTIONS.— 

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

24 location restrictions described in— 


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1 ‘‘(I) for new structures, including 

2 lateral expansions of existing struc3 tures, sections 257.60 through 257.64 

4 and 257.3–1 of title 40, Code of Fed5 eral Regulations; and 

6 ‘‘(II) for existing structures, sec7 tions 257.64 and 257.3–1 of title 40, 

8 Code of Federal Regulations. 

9 ‘‘(ii) ADDITIONAL AUTHORITY.—The 

10 implementing agency may apply the cri11 teria described in sections 257.60 through 

12 257.63 of title 40, Code of Federal Regula13 tions, to existing structures that are sur14 face impoundments. 

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

16 the criteria for air quality described in section 

17 257.80 of title 40, Code of Federal Regulations. 

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

19 structures, the criteria for financial assurance 

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

21 Code of Federal Regulations. 

22 ‘‘(H) SURFACE WATER.—For all struc23 tures, the criteria for surface water described in 

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

25 Regulations. 


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

2 the criteria for recordkeeping described in sec3 tion 257.105 of title 40, Code of Federal Regu4 lations. 

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

6 For all structures that are landfills, sand or 

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

8 and run-off control described in section 257.81 

9 of title 40, Code of Federal Regulations. 

10 ‘‘(K) HYDROLOGIC AND HYDRAULIC CA11 PACITY REQUIREMENTS.—For all structures 

12 that are surface impoundments, the criteria for 

13 inflow design flood control systems described in 

14 section 257.82 of title 40, Code of Federal Reg15 ulations. 

16 ‘‘(L) STRUCTURAL INTEGRITY.—For struc17 tures that are surface impoundments, the cri18 teria for structural integrity described in sec19 tions 257.73 and 257.74 of title 40, Code of 

20 Federal Regulations, except that, notwith21 standing section 257.73(f)(4) of title 40, Code 

22 of Federal Regulations, the implementing agen23 cy may provide for— 

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1 ment when an owner or operator has failed 

2 to meet an applicable periodic assessment 

3 deadline provided in section 257.73(f) of 

4 title 40, Code of Federal Regulations; and 

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

6 operator to meet the safety factor assess7 ment criteria provided in section 

8 257.73(e)(1) of title 40, Code of Federal 

9 Regulations, if the implementing agency 

10 determines, through the initial safety fac11 tor assessment, that the structure does not 

12 meet such safety factor assessment criteria 

13 and that the structure does not pose an 

14 immediate threat of release. 

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

16 the criteria described in sections 257.83 and 

17 257.84 of title 40, Code of Federal Regulations. 

18 ‘‘(3) PERMIT PROGRAM IMPLEMENTATION FOR

19 EXISTING STRUCTURES.— 

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

21 date on which a State submits a certification 

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

23 months after the Administrator receives notice 

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

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1 tion with respect to a coal combustion residuals 

2 permit program that is being implemented by 

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

4 applicable, the implementing agency shall notify 

5 owners or operators of existing structures of— 

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

7 obtain a permit under subparagraph (C); 

8 and 

9 ‘‘(ii) the requirements referred to in 

10 subparagraph (B)(ii). 

11 ‘‘(B) COMPLIANCE WITH CERTAIN RE12 QUIREMENTS.— 

13 ‘‘(i) INITIAL DEADLINE FOR CERTAIN

14 REQUIREMENTS.—Not later than 8 months 

15 after the date of enactment of this section, 

16 the implementing agency shall require own17 ers or operators of existing structures to 

18 comply with— 

19 ‘‘(I) the requirements under 

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

21 (2)(M); and 

22 ‘‘(II) the requirement for a per23 manent identification marker under 

24 the criteria described in paragraph 

25 (2)(L). 


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1 ‘‘(ii) SUBSEQUENT DEADLINE FOR

2 CERTAIN OTHER REQUIREMENTS.—Not 

3 later than 12 months after the date on 

4 which a State submits a certification under 

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

6 months after the Administrator receives 

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

8 later than 36 months after the date of en9 actment of this section with respect to a 

10 coal combustion residuals permit program 

11 that is being implemented by the Adminis12 trator under subsection (e)(3), as applica13 ble, the implementing agency shall require 

14 owners or operators of existing structures 

15 to comply with— 

16 ‘‘(I) the requirements under 

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

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

19 ‘‘(II) the requirement for a writ20 ten closure plan under the criteria de21 scribed in paragraph (2)(C). 

22 ‘‘(C) PERMITS.— 

23 ‘‘(i) PERMIT DEADLINE.—Not later 

24 than 48 months after the date on which a 

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1 section (b)(2), not later than 66 months 

2 after the Administrator receives notice 

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

4 than 72 months after the date of enact5 ment of this section with respect to a coal 

6 combustion residuals permit program that 

7 is being implemented by the Administrator 

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

9 implementing agency shall issue, with re10 spect to an existing structure, a final per11 mit incorporating the applicable require12 ments of the coal combustion residuals per13 mit program, or a final denial of an appli14 cation submitted requesting such a permit. 

15 ‘‘(ii) APPLICATION DEADLINE.—The 

16 implementing agency shall identify, in col17 laboration with the owner or operator of an 

18 existing structure, a reasonable deadline by 

19 which the owner or operator shall submit a 

20 permit application under clause (i). 

21 ‘‘(D) INTERIM OPERATION.— 

22 ‘‘(i) PRIOR TO DEADLINES.—Unless 

23 the implementing agency determines that 

24 the structure should close in accordance 

25 with the criteria described in paragraph 


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

2 on or after the date of enactment of this 

3 section but prior to the applicable deadline 

4 in subparagraph (B), the owner or oper5 ator of an existing structure may continue 

6 to operate such structure until such appli7 cable deadline under any applicable regula8 tions in effect during such period. 

9 ‘‘(ii) PRIOR TO PERMIT.—Unless the 

10 implementing agency determines that the 

11 structure should close in accordance with 

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

13 if the owner or operator of an existing 

14 structure meets the requirements referred 

15 to in subparagraph (B) by the applicable 

16 deadline in such subparagraph, the owner 

17 or operator may operate the structure until 

18 such time as the implementing agency 

19 issues, under subparagraph (C), a final 

20 permit incorporating the requirements of 

21 the coal combustion residuals permit pro22 gram, or a final denial of an application 

23 submitted requesting such a permit. 

24 ‘‘(4) REQUIREMENTS FOR INACTIVE COAL COM25 BUSTION RESIDUALS SURFACE IMPOUNDMENTS.— 


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

2 after the date of enactment of this section, each 

3 owner or operator of an inactive coal combus4 tion residuals surface impoundment shall sub5 mit to the Administrator and the State in which 

6 such inactive coal combustion residuals surface 

7 impoundment is located a notice stating wheth8 er such inactive coal combustion residuals sur9 face impoundment will— 

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

11 date of enactment of this section, complete 

12 closure in accordance with section 257.100 

13 of title 40, Code of Federal Regulations; or 

14 ‘‘(ii) comply with the requirements of 

15 the coal combustion residuals permit pro16 gram applicable to existing structures that 

17 are surface impoundments (except as pro18 vided in subparagraph (D)(ii)). 

19 ‘‘(B) EXTENSION.—In the case of an inac20 tive coal combustion residuals surface impound21 ment for which the owner or operator submits 

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

23 implementing agency may extend the closure 

24 deadline provided in such subparagraph by a 

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


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1 operator of such inactive coal combustion re2 siduals surface impoundment— 

3 ‘‘(i) demonstrates to the satisfaction 

4 of the implementing agency that it is not 

5 feasible to complete closure of the inactive 

6 coal combustion residuals surface impound7 ment in accordance with section 257.100 

8 of title 40, Code of Federal Regulations, by 

9 the deadline provided in subparagraph 

10 (A)(i)— 

11 ‘‘(I) because of complications 

12 stemming from the climate or weath13 er, such as unusual amounts of pre14 cipitation or a significantly shortened 

15 construction season; 

16 ‘‘(II) because additional time is 

17 required to remove the liquid from the 

18 inactive coal combustion residuals sur19 face impoundment due to the volume 

20 of coal combustion residuals contained 

21 in the surface impoundment or the 

22 characteristics of the coal combustion 

23 residuals in such surface impound24 ment; 


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1 ‘‘(III) because the geology and 

2 terrain surrounding the inactive coal 

3 combustion residuals surface im4 poundment will affect the amount of 

5 material needed to close the inactive 

6 coal combustion residuals surface im7 poundment; or 

8 ‘‘(IV) because additional time is 

9 required to coordinate with and obtain 

10 necessary approvals and permits; and 

11 ‘‘(ii) demonstrates to the satisfaction 

12 of the implementing agency that the inac13 tive coal combustion residuals surface im14 poundment does not pose an immediate 

15 threat of release. 

16 ‘‘(C) FINANCIAL ASSURANCE.—The imple17 menting agency shall require the owner or oper18 ator of an inactive surface impoundment that 

19 has closed pursuant to this paragraph to per20 form post-closure care in accordance with the 

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

22 title 40, Code of Federal Regulations, and to 

23 provide financial assurance for such post-clo24 sure care in accordance with the criteria deVerDate Sep 11 2014 03:34 Apr 14, 2015 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H1734.IH H1734

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1 scribed in section 258.72 of title 40, Code of 

2 Federal Regulations. 

3 ‘‘(D) TREATMENT AS STRUCTURE.— 

4 ‘‘(i) IN GENERAL.—An inactive coal 

5 combustion residuals surface impoundment 

6 shall be treated as an existing structure 

7 that is a surface impoundment for the pur8 poses of this section, including with respect 

9 to the requirements of paragraphs (1) and 

10 (2), if— 

11 ‘‘(I) the owner or operator does 

12 not submit a notice in accordance 

13 with subparagraph (A); or 

14 ‘‘(II) the owner or operator sub15 mits a notice described in subpara16 graph (A)(ii). 

17 ‘‘(ii) INACTIVE COAL COMBUSTION RE18 SIDUALS SURFACE IMPOUNDMENTS THAT

19 FAIL TO CLOSE.—An inactive coal combus20 tion residuals surface impoundment for 

21 which the owner or operator submits a no22 tice described in subparagraph (A)(i) that 

23 does not close by the deadline provided 

24 under subparagraph (A)(i) or subpara25 graph (B), as applicable— 


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1 ‘‘(I) shall be treated as an exist2 ing structure for purposes of this sec3 tion beginning on the date that is the 

4 day after such applicable deadline, in5 cluding by— 

6 ‘‘(aa) being required to com7 ply with the requirements of 

8 paragraph (1), as applicable; and 

9 ‘‘(bb) being required to com10 ply, beginning on such date, with 

11 each requirement of paragraph 

12 (2); but 

13 ‘‘(II) shall not be required to 

14 comply with paragraph (3). 

15 ‘‘(d) FEDERAL REVIEW OF STATE PERMIT PRO16 GRAMS.— 

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

18 provide to a State written notice and an opportunity 

19 to remedy deficiencies in accordance with paragraph 

20 (3) if at any time the State— 

21 ‘‘(A) does not satisfy the notification re22 quirement under subsection (b)(1); 

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

24 required under subsection (b)(2); 


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1 ‘‘(C) does not satisfy the maintenance re2 quirement under subsection (b)(3); 

3 ‘‘(D) is not implementing a coal combus4 tion residuals permit program, with respect to 

5 which the State has submitted a certification 

6 under subsection (b)(2), that meets the require7 ments described in subsection (c); 

8 ‘‘(E) is not implementing a coal combus9 tion residuals permit program, with respect to 

10 which the State has submitted a certification 

11 under subsection (b)(2)— 

12 ‘‘(i) that is consistent with such cer13 tification; and 

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

15 have in effect statutes or regulations nec16 essary to implement such program; or 

17 ‘‘(F) does not make available to the Ad18 ministrator, within 90 days of a written re19 quest, specific information necessary for the 

20 Administrator to ascertain whether the State 

21 has satisfied the requirements described in sub22 paragraphs (A) through (E). 

23 ‘‘(2) REQUEST.—If a request described in para24 graph (1)(F) is proposed pursuant to a petition to 

25 the Administrator, the Administrator shall make the 


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1 request only if the Administrator does not possess 

2 the information necessary to ascertain whether the 

3 State has satisfied the requirements described in 

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

5 ‘‘(3) CONTENTS OF NOTICE; DEADLINE FOR RE6 SPONSE.—A notice provided under paragraph (1) 

7 shall— 

8 ‘‘(A) include findings of the Administrator 

9 detailing any applicable deficiencies described in 

10 subparagraphs (A) through (F) of paragraph 

11 (1); and 

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

13 State, a reasonable deadline by which the State 

14 shall remedy such applicable deficiencies, which 

15 shall be— 

16 ‘‘(i) in the case of a deficiency de17 scribed in subparagraphs (A) through (E) 

18 of paragraph (1), not earlier than 180 

19 days after the date on which the State re20 ceives the notice; and 

21 ‘‘(ii) in the case of a deficiency de22 scribed in paragraph (1)(F), not later than 

23 90 days after the date on which the State 

24 receives the notice. 


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1 ‘‘(4) CONSIDERATIONS FOR DETERMINING DE2 FICIENCY OF STATE PERMIT PROGRAM.—In making 

3 a determination whether a State has failed to satisfy 

4 the requirements described in subparagraphs (A) 

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

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

7 consider, as appropriate— 

8 ‘‘(A) whether the State’s statutes or regu9 lations to implement a coal combustion residu10 als permit program are not sufficient to meet 

11 the requirements described in subsection (c) be12 cause of— 

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

14 or enact new statutes or regulations when 

15 necessary; or 

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

17 court striking down or limiting such State 

18 statutes or regulations; 

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

20 coal combustion residuals permit program fails 

21 to comply with the requirements of subsection 

22 (c) because of— 

23 ‘‘(i) failure of the State to issue per24 mits as required in subsection (c)(1)(A); 


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

2 permits that do not meet the requirements 

3 of subsection (c); 

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

5 with the public participation requirements 

6 of this section; or 

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

8 corrective action requirements required 

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

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

11 coal combustion residuals permit program fails 

12 to comply with the requirements of this section 

13 because of— 

14 ‘‘(i) failure to act on violations of per15 mits, as identified by the State; or 

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

17 inspect or otherwise determine compliance 

18 pursuant to the process identified under 

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

20 ‘‘(e) IMPLEMENTATION BY ADMINISTRATOR.— 

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

22 Administrator shall implement a coal combustion re23 siduals permit program for a State if— 

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

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


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1 State will not adopt and implement a permit 

2 program; 

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

4 subsection (d) and the Administrator deter5 mines, after providing a 30-day period for no6 tice and public comment, that the State has 

7 failed, by the deadline identified in the notice 

8 under subsection (d)(3)(B), to remedy the defi9 ciencies detailed in the notice pursuant to sub10 section (d)(3)(A); or 

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

12 in writing, that such State will no longer imple13 ment such a permit program. 

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

15 a determination by the Administrator under this 

16 subsection as if the determination was a final regu17 lation for purposes of section 7006. 

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

19 inactive coal combustion residuals surface impound20 ments located on property within the exterior bound21 aries of a State that the State does not have author22 ity or jurisdiction to regulate, the Administrator 

23 shall implement a coal combustion residuals permit 

24 program only for those structures and inactive coal 

25 combustion residuals surface impoundments. 


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

2 implements a coal combustion residuals permit pro3 gram under paragraph (1) or (3), the permit pro4 gram shall consist of the requirements described in 

5 subsection (c). 

6 ‘‘(5) ENFORCEMENT.— 

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

8 implements a coal combustion residuals permit 

9 program for a State under paragraph (1)— 

10 ‘‘(i) the authorities referred to in sec11 tion 4005(c)(2)(A) shall apply with respect 

12 to coal combustion residuals, structures, 

13 and inactive coal combustion residuals sur14 face impoundments for which the Adminis15 trator is implementing the coal combustion 

16 residuals permit program; and 

17 ‘‘(ii) the Administrator may use those 

18 authorities to inspect, gather information, 

19 and enforce the requirements of this sec20 tion in the State. 

21 ‘‘(B) OTHER STRUCTURES.—If the Admin22 istrator implements a coal combustion residuals 

23 permit program under paragraph (3)— 

24 ‘‘(i) the authorities referred to in sec25 tion 4005(c)(2)(A) shall apply with respect 


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1 to coal combustion residuals, structures, 

2 and inactive coal combustion residuals sur3 face impoundments for which the Adminis4 trator is implementing the coal combustion 

5 residuals permit program; and 

6 ‘‘(ii) the Administrator may use those 

7 authorities to inspect, gather information, 

8 and enforce the requirements of this sec9 tion for the structures and inactive coal 

10 combustion residuals surface impound11 ments for which the Administrator is im12 plementing the coal combustion residuals 

13 permit program. 

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

15 Administrator implements a coal combustion residu16 als permit program under this subsection, the Ad17 ministrator shall provide a 30-day period for the 

18 public participation process required under sub19 section (c)(1)(B)(i). 

20 ‘‘(f) STATE CONTROL AFTER IMPLEMENTATION BY

21 ADMINISTRATOR.— 

22 ‘‘(1) STATE CONTROL.— 

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

24 AND IMPLEMENTATION BY STATE.—For a State 

25 for which the Administrator is implementing a 


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1 coal combustion residuals permit program 

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

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

4 such a permit program by— 

5 ‘‘(i) notifying the Administrator that 

6 the State will adopt and implement such a 

7 permit program; 

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

9 date of such notification, submitting to the 

10 Administrator a certification under sub11 section (b)(2); and 

12 ‘‘(iii) receiving from the Adminis13 trator— 

14 ‘‘(I) a determination, after the 

15 Administrator provides for a 30-day 

16 period for notice and public comment, 

17 that the State coal combustion residu18 als permit program meets the require19 ments described in subsection (c); and 

20 ‘‘(II) a timeline for transition to 

21 the State coal combustion residuals 

22 permit program. 

23 ‘‘(B) REMEDYING DEFICIENT PERMIT PRO24 GRAM.—For a State for which the Adminis25 trator is implementing a coal combustion reVerDate Sep 11 2014 03:34 Apr 14, 2015 Jkt 049200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H1734.IH H1734

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1 siduals permit program under subsection 

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

3 such a permit program by— 

4 ‘‘(i) remedying only the deficiencies 

5 detailed in the notice pursuant to sub6 section (d)(3)(A); and 

7 ‘‘(ii) receiving from the Adminis8 trator— 

9 ‘‘(I) a determination, after the 

10 Administrator provides for a 30-day 

11 period for notice and public comment, 

12 that the deficiencies detailed in such 

13 notice have been remedied; and 

14 ‘‘(II) a timeline for transition to 

15 the State coal combustion residuals 

16 permit program. 

17 ‘‘(2) REVIEW OF DETERMINATION.— 

18 ‘‘(A) DETERMINATION REQUIRED.—The 

19 Administrator shall make a determination 

20 under paragraph (1) not later than 90 days 

21 after the date on which the State submits a cer22 tification under paragraph (1)(A)(ii), or notifies 

23 the Administrator that the deficiencies have 

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

25 as applicable. 


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1 ‘‘(B) REVIEW.—A State may obtain a re2 view of a determination by the Administrator 

3 under paragraph (1) as if such determination 

4 was a final regulation for purposes of section 

5 7006. 

6 ‘‘(g) IMPLEMENTATION DURING TRANSITION.— 

7 ‘‘(1) EFFECT ON ACTIONS AND ORDERS.—Pro8 gram requirements of, and actions taken or orders 

9 issued pursuant to, a coal combustion residuals per10 mit program shall remain in effect if— 

11 ‘‘(A) a State takes control of its coal com12 bustion residuals permit program from the Ad13 ministrator under subsection (f)(1); or 

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

15 coal combustion residuals permit program from 

16 a State under subsection (e). 

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

18 (1) shall apply to such program requirements, ac19 tions, and orders until such time as— 

20 ‘‘(A) the implementing agency that took 

21 control of the coal combustion residuals permit 

22 program changes the requirements of the coal 

23 combustion residuals permit program with re24 spect to the basis for the action or order; or 


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

2 action, the State or the Administrator, which3 ever took the action or issued the order, cer4 tifies the completion of the corrective action 

5 that is the subject of the action or order. 

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

7 otherwise provided in this subsection— 

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

9 coal combustion residuals permit program 

10 under subsection (f), the Administrator shall 

11 cease to implement the coal combustion residu12 als permit program implemented under sub13 section (e) for such State; and 

14 ‘‘(B) if the Administrator implements a 

15 coal combustion residuals permit program for a 

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

17 cease to implement its coal combustion residu18 als permit program. 

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

20 OR 3006.—The Administrator shall not consider the im21 plementation of a coal combustion residuals permit pro22 gram by the Administrator under subsection (e) in making 

23 a determination of approval for a permit program or other 

24 system of prior approval and conditions under section 


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1 4005(c) or of authorization for a program under section 

2 3006. 

3 ‘‘(i) AUTHORITY.— 

4 ‘‘(1) STATE AUTHORITY.—Nothing in this sec5 tion shall preclude or deny any right of any State to 

6 adopt or enforce any regulation or requirement re7 specting coal combustion residuals that is more 

8 stringent or broader in scope than a regulation or 

9 requirement under this section. 

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

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

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

13 section 6005, the Administrator shall, with re14 spect to the regulation of coal combustion re15 siduals under this Act, defer to the States pur16 suant to this section. 

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

18 section shall be construed as affecting the au19 thority of the Administrator under section 7003 

20 with respect to coal combustion residuals. 

21 ‘‘(C) ENFORCEMENT ASSISTANCE ONLY

22 UPON REQUEST.—Upon request from the head 

23 of a lead State implementing agency, the Ad24 ministrator may provide to such State agency 

25 only the enforcement assistance requested. 


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1 ‘‘(D) CONCURRENT ENFORCEMENT.—Ex2 cept as provided in subparagraph (C) of this 

3 paragraph and subsection (g), the Adminis4 trator shall not have concurrent enforcement 

5 authority when a State is implementing a coal 

6 combustion residuals permit program, including 

7 during any period of interim operation de8 scribed in subsection (c)(3)(D). 

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

10 shall be construed to affect the authority of a person 

11 to commence a civil action in accordance with sec12 tion 7002. 

13 ‘‘(j) MINE RECLAMATION ACTIVITIES.—A coal com14 bustion residuals permit program implemented by the Ad15 ministrator under subsection (e) shall not apply to the uti16 lization, placement, and storage of coal combustion residu17 als at surface or underground coal mining and reclamation 

18 operations. 

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

20 of coal combustion residuals in any of the following ways 

21 shall not be considered to be receipt of coal combustion 

22 residuals for the purposes of this section: 

23 ‘‘(1) Use as— 

24 ‘‘(A) engineered structural fill constructed 

25 in accordance with— 


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1 ‘‘(i) ASTM E2277 entitled ‘Standard 

2 Guide for Design and Construction of Coal 

3 Ash Structural Fills’, including any 

4 amendment or revision to that guidance; 

5 ‘‘(ii) any other published national 

6 standard determined appropriate by the 

7 implementing agency; or 

8 ‘‘(iii) a State standard or program re9 lating to— 

10 ‘‘(I) fill operations for coal com11 bustion residuals; or 

12 ‘‘(II) the management of coal 

13 combustion residuals for beneficial 

14 use; or 

15 ‘‘(B) engineered structural fill for— 

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

17 ‘‘(ii) a base or embankment for a 

18 bridge, roadway, runway, or railroad; or 

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

20 is not part of a structure. 

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

22 with the management of raw materials, if the coal 

23 combustion residuals being stored are intended to be 

24 used in a product or as a raw material. 

25 ‘‘(3) Beneficial use— 


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

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

3 virgin material; 

4 ‘‘(C) that meets relevant product specifica5 tions and regulatory or design standards; and 

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

7 land of coal combustion residuals in non-road8 way applications, in an amount equal to or 

9 greater than the amount described in the defini10 tion of beneficial use in section 257.53 of title 

11 40, Code of Federal Regulations, for which the 

12 person using the coal combustion residuals 

13 demonstrates, and keeps records showing, that 

14 such use does not result in environmental re15 leases to groundwater, surface water, soil, or air 

16 that— 

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

18 material or product that would be used in19 stead of the coal combustion residuals; or 

20 ‘‘(ii) exceed relevant regulatory and 

21 health-based benchmarks for human and 

22 ecological receptors. 

23 ‘‘(l) EFFECT OF RULE.— 

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

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1 ment System; Disposal of Coal Combustion Residu2 als from Electric Utilities’ signed by the Adminis3 trator on December 19, 2014— 

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

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

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

10 section, the provision or requirement of this 

11 section shall control. 

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

13 REGULATIONS.—For purposes of this section, any 

14 reference to a provision of the Code of Federal Reg15 ulations added by the rule described in paragraph 

16 (1) shall be considered to be a reference to such pro17 vision as it is contained in such rule. 

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

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

20 of Federal Regulations, to the effective date con21 tained in section 257.51 of such part shall be consid22 ered to be a reference to the date of enactment of 

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

24 established by such a reference that is in conflict 


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1 with a deadline established by this section, the dead2 line established by this section shall control. 

3 ‘‘(4) APPLICABILITY OF OTHER REGULA4 TIONS.—The application of section 257.52 of title 

5 40, Code of Federal Regulations, is not affected by 

6 this section. 

7 ‘‘(5) DEFINITIONS.—The definitions under sec8 tion 257.53 of title 40, Code of Federal Regulations, 

9 shall apply with respect to any criteria described in 

10 subsection (c) the requirements of which are incor11 porated into a coal combustion residuals permit pro12 gram under this section, except— 

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

14 ‘‘(B) a lead State implementing agency 

15 may make changes to such definitions if the 

16 lead State implementing agency— 

17 ‘‘(i) identifies the changes in the ex18 planation included with the certification 

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

20 and 

21 ‘‘(ii) provides in such explanation a 

22 reasonable basis for the changes. 

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

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

25 Federal Regulations, may be incorporated into a coal 


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1 combustion residuals permit program at the discre2 tion of the implementing agency. 

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

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

5 term ‘coal combustion residuals’ means the following 

6 wastes generated by electric utilities and inde7 pendent power producers: 

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

9 3001(b)(3)(A)(i) that are generated primarily 

10 from the combustion of coal, including recover11 able materials from such wastes. 

12 ‘‘(B) Coal combustion wastes that are co13 managed with wastes produced in conjunction 

14 with the combustion of coal, provided that such 

15 wastes are not segregated and disposed of sepa16 rately from the coal combustion wastes and 

17 comprise a relatively small proportion of the 

18 total wastes being disposed in the structure. 

19 ‘‘(C) Fluidized bed combustion wastes that 

20 are generated primarily from the combustion of 

21 coal. 

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

23 with non-hazardous secondary materials, pro24 vided that coal makes up at least 50 percent of 

25 the total fuel burned. 


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

2 with materials described in subparagraph (A) 

3 that are recovered from monofills. 

4 ‘‘(2) COAL COMBUSTION RESIDUALS PERMIT

5 PROGRAM.—The term ‘coal combustion residuals 

6 permit program’ means all of the authorities, activi7 ties, and procedures that comprise a system of prior 

8 approval and conditions implemented under this sec9 tion to regulate the management and disposal of coal 

10 combustion residuals. 

11 ‘‘(3) ELECTRIC UTILITY; INDEPENDENT POWER

12 PRODUCER.—The terms ‘electric utility’ and ‘inde13 pendent power producer’ include only electric utili14 ties and independent power producers that produce 

15 electricity on or after the date of enactment of this 

16 section. 

17 ‘‘(4) EXISTING STRUCTURE.—The term ‘exist18 ing structure’ means a structure the construction of 

19 which commenced before the date of enactment of 

20 this section. 

21 ‘‘(5) IMPLEMENTING AGENCY.—The term ‘im22 plementing agency’ means the agency responsible for 

23 implementing a coal combustion residuals permit 

24 program, which shall either be the lead State imple25 menting agency identified under subsection 


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1 (b)(2)(C)(i) or the Administrator pursuant to sub2 section (e). 

3 ‘‘(6) INACTIVE COAL COMBUSTION RESIDUALS

4 SURFACE IMPOUNDMENT.—The term ‘inactive coal 

5 combustion residuals surface impoundment’ means a 

6 surface impoundment, located at an electric utility 

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

8 of enactment of this section— 

9 ‘‘(A) does not receive coal combustion re10 siduals; 

11 ‘‘(B) contains coal combustion residuals; 

12 and 

13 ‘‘(C) contains liquid. 

14 ‘‘(7) STRUCTURE.— 

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

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

17 landfill, surface impoundment, sand or gravel 

18 pit, or quarry that receives coal combustion re19 siduals on or after the date of enactment of this 

20 section. 

21 ‘‘(B) EXCEPTIONS.— 

22 ‘‘(i) MUNICIPAL SOLID WASTE LAND23 FILLS.—The term ‘structure’ does not in24 clude a municipal solid waste landfill. 


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1 ‘‘(ii) DE MINIMIS RECEIPT.—The 

2 term ‘structure’ does not include any land3 fill or surface impoundment that receives 

4 only de minimis quantities of coal combus5 tion residuals if the presence of coal com6 bustion residuals is incidental to the mate7 rial managed in the landfill or surface im8 poundment. 

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

10 term ‘unlined surface impoundment’ means a sur11 face impoundment that does not have a liner system 

12 described in section 257.71 of title 40, Code of Fed13 eral Regulations.’’. 

14 (b) CONFORMING AMENDMENT.—The table of con15 tents contained in section 1001 of the Solid Waste Dis16 posal Act is amended by inserting after the item relating 

17 to section 4010 the following: 

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

18 SEC. 3. 2000 REGULATORY DETERMINATION. 

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

20 Act, shall be construed to alter in any manner the Envi21 ronmental Protection Agency’s regulatory determination 

22 entitled ‘‘Notice of Regulatory Determination on Wastes 

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

24 Fed. Reg. 32214 (May 22, 2000), that the fossil fuel com25 bustion wastes addressed in that determination do not 


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1 warrant regulation under subtitle C of the Solid Waste 

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

3 SEC. 4. TECHNICAL ASSISTANCE. 

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

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

6 to request, or the Administrator of the Environmental 

7 Protection Agency to provide, technical assistance under 

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

9 SEC. 5. FEDERAL POWER ACT. 

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

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

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

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

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

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

Æ 


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