I 

111TH CONGRESS 

1ST SESSION H. R. 493 

To direct the Secretary of the Interior to promulgate regulations concerning 

the storage and disposal of matter referred to as ‘‘other wastes’’ in 

the Surface Mining Control and Reclamation Act of 1977, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 14, 2009 

Mr. RAHALL introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To direct the Secretary of the Interior to promulgate regulations concerning the storage and disposal of matter referred to as ‘‘other wastes’’ in the Surface Mining Control and Reclamation Act of 1977, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Coal Ash Reclamation, 

5 Environment, and Safety Act of 2009’’. 


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1 SEC. 2. REQUIREMENTS FOR SURFACE STORAGE AND DIS2 POSAL OF COVERED WASTES IN IMPOUND3 MENTS. 

4 (a) REGULATIONS.—The Secretary of the Interior 

5 shall, within 180 days after the date of enactment of this 

6 Act, promulgate regulations that establish design, engi7 neering, and performance standards that provide for safe 

8 storage and disposal of covered wastes in impoundments. 

9 (b) IMPOUNDMENT REQUIREMENTS.—The regula10 tions under subsection (a) shall require that an impound11 ment for the storage or disposal of covered wastes shall 

12 be designed, constructed, and maintained in accordance 

13 with requirements that are substantially similar to the re14 quirements that apply to impoundments under paragraphs 

15 (8), (11), and (13) of section 515(b) and section 515(f) 

16 of the Surface Mining Control and Reclamation Act of 

17 1977 (30 U.S.C. 1265(b), 1265(f)). 

18 (c) PROHIBITION.—No person shall construct or op19 erate any impoundment for the storage or disposal of cov20 ered wastes on any land in any State except in accordance 

21 with regulations promulgated under subsection (a). 

22 (d) INSPECTIONS, PENALTIES, AND ENFORCE23 MENT.—For purposes of sections 517, 518, and 521 of 

24 the Surface Mining Control and Reclamation Act of 1977 

25 (30 U.S.C. 1267, 1268, 1271)— 


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1 (1) this section and permitting, design, per2 formance, and other requirements and prohibitions 

3 established by the regulations and orders under this 

4 section shall be treated as requirements and prohibi5 tions under that Act; and 

6 (2) an impoundment for the deposit and main7 tenance of covered wastes in violation of this section, 

8 the regulations this section, or any order under sub9 section (e) shall be treated as a surface coal mining 

10 operation. 

11 (e) PRE-EXISTING IMPOUNDMENTS.— 

12 (1) LIMITATION ON APPLICATION.—Except as 

13 provided in an order under this subsection, the regu14 lations under subsection (a) and subsections (c) and 

15 (d) shall not apply to an impoundment for the de16 posit and maintenance of covered wastes that is in 

17 existence on such date of enactment. 

18 (2) INVENTORY.—The Secretary shall, within 

19 12 months after the date of enactment of this Act, 

20 complete an inventory of all impoundments for the 

21 deposit and maintenance of covered wastes in exist22 ence on such date of enactment. The inventory shall 

23 include— 

24 (A) an assessment of the design, stability, 

25 and engineering of embankments and basin 


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1 characterization and design of each such im2 poundment; 

3 (B) an assessment of risks to surface and 

4 groundwater posed by each such impoundment; 

5 and 

6 (C) a determination on the degree of risk 

7 each such impoundment poses to human and 

8 environmental health. 

9 (3) ORDERS.—Based on the assessments and 

10 determination of degree of risk under paragraph (2), 

11 the Secretary may issue any order necessary to en12 sure that any such impoundment complies with re13 quirements established by the regulations under this 

14 section. 

15 (4) REPORT TO CONGRESS.—Not later than one 

16 year after the date of completion of the inventory 

17 under paragraph (2), the Secretary shall report to 

18 Congress on the findings and determinations of the 

19 inventory. 

20 (f) STATE PROGRAMS.—The Secretary shall imple21 ment the requirements of this Act pursuant to the regula22 tions promulgated pursuant to subsection (a), except that 

23 any State with an approved State program under section 

24 503 of the Surface Mining Control and Reclamation Act 

25 of 1977 (30 U.S.C. 1253) may submit to the Secretary 


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1 a revision to such State program to incorporate the regula2 tions under subsection (a) subject to the terms and condi3 tions of section 503 of the Surface Mining Control and 

4 Reclamation Act of 1977 (30 U.S.C. 1253). 

5 (g) RELATIONSHIP TO OTHER LAW.— 

6 (1) FEDERAL LAW.—Nothing in this section 

7 shall affect any authority under any other Act of 

8 Congress to prohibit the construction or operation of 

9 any impoundment for the storage or disposal of cov10 ered wastes. 

11 (2) STATE LAW.—Any reclamation, land use, 

12 environmental, or public health protection standard 

13 or requirement in State statute or regulation with 

14 respect to the regulation of impoundments or of the 

15 storage or disposal of covered wastes that meets or 

16 exceeds the requirements and prohibitions of this 

17 section and the regulations issued under this section 

18 shall not be construed to be inconsistent with this 

19 section or any regulation under this section. 

20 (h) IN GENERAL.—In this section: 

21 (1) COVERED WASTES.—The term ‘‘covered 

22 wastes’’— 

23 (A) means material referred to as ‘‘other 

24 wastes’’ in section 515(b)(11) of the Surface 


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1 Mining Control and Reclamation Act of 1977 

2 (30 U.S.C. 1265(b)(11)); and 

3 (B) includes coal ash, slag, and flue gas 

4 desulfurization materials stored or disposed of 

5 in liquid, semi-liquid, or solid form. 

6 (2) IMPOUNDMENT.—The term ‘‘impoundment’’ 

7 means any dam or embankment used to retain cov8 ered wastes. 

9 (3) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of the Interior. 

Æ 


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