poundment is located if the owner or 
operator has used best efforts, as nec-
essary, to design, obtain any necessary 
permits, finance, construct, and render 
operational the alternative manage-
ment capacity during the time period 
for meeting a groundwater protection 
standard in subparagraph (A)(ii) or 
(B)(ii). 
‘‘(ii) EXCEPTION.—The deadline under 
subparagraph (A)(ii) or (B)(ii) shall not be 
extended if there has been contamination of 
public or private drinking water systems 
attributable to a surface impoundment un-
dergoing corrective action, unless the con-
tamination has been addressed by providing 
a permanent replacement water system. 
‘‘(D) ADDITIONAL REQUIREMENTS.— 
‘‘(i) CLOSURE.—If the deadline under 
subparagraph (A)(ii), (B)(ii), or (C) is not 
satisfied, the surface impoundment shall 
cease receiving coal combustion residuals 
and initiate closure under paragraph (5). 
‘‘(ii) INTERIM MEASURES.— 
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‘‘(I) IN GENERAL.—Except as pro-
vided in subclause (II), not later than 
90 days after the date on which the as-
sessment of corrective measures is initi-
ated, the owner or operator of a surface 
impoundment described in subpara-
graph (A) or (B) shall implement in-
terim measures, as necessary, under 
the factors in section 258.58(a)(3) of 
title 40, Code of Federal Regulations. 
‘‘(II) IMPOUNDMENTS SUBJECT TO 
STATE CORRECTIVE ACTION REQUIRE-
MENT
AS
OF
THE
DATE
OF
ENACT-
MENT.—Subclause (I) shall only apply 
to surface impoundments subject to a 
State corrective action requirement as 
of the date of enactment of this section 
if the owner or operator has not imple-
mented interim measures, as necessary, 
under 
the 
factors 
in 
section 
258.58(a)(3) of title 40, Code of Fed-
eral Regulations. 
‘‘(E) SURFACE
IMPOUNDMENTS
THAT
RE-
QUIRE ASSESSMENT OF CORRECTIVE MEASURES 
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MORE THAN 10 YEARS AFTER DATE OF ENACT-
MENT.— 
‘‘(i) IN GENERAL.—In addition to the 
groundwater monitoring and corrective ac-
tion requirements described in paragraph 
(2)(B), the implementing agency shall re-
quire a surface impoundment that receives 
coal combustion residuals on or after the 
date of enactment of this section to comply 
with the requirements in clause (ii) if the 
surface impoundment— 
‘‘(I) does not— 
‘‘(aa) have a liner system de-
scribed in section 258.40(b) of 
title 40, Code of Federal Regula-
tions; and 
‘‘(bb) meet the design criteria 
described in section 258.40(a)(1) 
of title 40, Code of Federal Regu-
lations; and 
‘‘(II) more than 10 years after the 
date of enactment of this section, is re-
quired under section 258.56(a) title 40, 
Code of Federal Regulations, to under-
go an assessment of corrective measures 
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for any constituent covered under sub-
part E of part 258 of title 40, Code of 
Federal Regulations, or otherwise iden-
tified in paragraph (2)(B)(ii) of this 
subsection, 
for 
which 
assessment 
groundwater monitoring is required. 
‘‘(ii) REQUIREMENTS.— 
‘‘(I) CLOSURE.—The surface im-
poundments identified in clause (i) 
shall cease receiving coal combustion 
residuals and initiate closure in ac-
cordance with paragraph (5) after al-
ternative management capacity at the 
facility is available for the coal com-
bustion residuals and related materials 
managed in the impoundment. 
‘‘(II) BEST EFFORTS.—The alter-
native management capacity shall be 
developed as soon as practicable with 
the owner or operator using best efforts 
to design, obtain necessary permits for, 
finance, construct, and render oper-
ational the alternative management ca-
pacity. 
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‘‘(III) 
ALTERNATIVE
CAPACITY 
MANAGEMENT PLAN.—The owner or op-
erator shall, in collaboration with the 
implementing agency, prepare a writ-
ten plan that describes the steps nec-
essary to develop the alternative man-
agement capacity and includes a 
schedule for completion. 
‘‘(IV) PUBLIC
PARTICIPATION.— 
The plan described in subclause (III) 
shall be subject to public notice and 
comment under the public participa-
tion process described in subsection 
(b)(2)(B)(iii)(III) or in subsection 
(e)(6), as applicable. 
‘‘(5) CLOSURE.— 
‘‘(A) IN GENERAL.—If it is determined by 
the implementing agency that a structure should 
close because the requirements of a coal combus-
tion residuals permit program are not being sat-
isfied with respect to such structure, or if it is 
determined by the owner or operator that a 
structure should close, the time period and meth-
od for the closure of such structure shall be set 
forth in a closure plan that establishes a dead-
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line for completion of closure as soon as prac-
ticable and that takes into account the nature 
and the site-specific characteristics of the struc-
ture to be closed. 
‘‘(B) SURFACE IMPOUNDMENT.—In the case 
of a surface impoundment, the closure plan 
under subparagraph (A) shall require, at a min-
imum, the removal of liquid and the stabiliza-
tion of remaining waste, as necessary to support 
the final cover. 
‘‘(d) FEDERAL REVIEW
OF STATE PERMIT PRO-
GRAMS.— 
‘‘(1) IN GENERAL.—The Administrator shall pro-
vide to a State written notice and an opportunity to 
remedy deficiencies in accordance with paragraph (3) 
if at any time the State— 
‘‘(A) does not satisfy the notification re-
quirement under subsection (b)(1); 
‘‘(B) has not submitted a certification re-
quired under subsection (b)(2); 
‘‘(C) does not satisfy the maintenance re-
quirement under subsection (b)(3); 
‘‘(D) is not implementing a coal combustion 
residuals permit program, with respect to which 
the State has submitted a certification under 
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‘‘(3) CONTENTS OF NOTICE; DEADLINE FOR RE-
SPONSE.—A notice provided under paragraph (1) 
shall— 
‘‘(A) include findings of the Administrator 
detailing any applicable deficiencies described in 
subparagraphs (A) through (F) of paragraph (1); 
and 
‘‘(B) identify, in collaboration with the 
State, a reasonable deadline by which the State 
shall remedy such applicable deficiencies, which 
shall be— 
‘‘(i) in the case of a deficiency de-
scribed in subparagraphs (A) through (E) of 
paragraph (1), not earlier than 180 days 
after the date on which the State receives 
the notice; and 
‘‘(ii) in the case of a deficiency de-
scribed in paragraph (1)(F), not later than 
90 days after the date on which the State 
receives the notice. 
‘‘(4) CRITERIA
FOR
DETERMINING
DEFICIENCY 
OF STATE PERMIT PROGRAM.—In making a deter-
mination whether a State has failed to satisfy the re-
quirements described in subparagraphs (A) through 
(E) of paragraph (1), or a determination under sub-
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section (e)(1)(B), the Administrator shall consider, as 
appropriate— 
‘‘(A) whether the State’s statutes or regula-
tions to implement a coal combustion residuals 
permit program are not sufficient to meet the re-
quirements described in subsection (c) because 
of— 
‘‘(i) failure of the State to promulgate 
or enact new statutes or regulations when 
necessary; or 
‘‘(ii) action by a State legislature or 
court striking down or limiting such State 
statutes or regulations; 
‘‘(B) whether the operation of the State coal 
combustion residuals permit program fails to 
comply with the requirements of subsection (c) 
because of— 
‘‘(i) failure of the State to issue per-
mits as required in subsection (c)(1)(E); 
‘‘(ii) repeated issuance of permits by 
the State which do not meet the require-
ments of subsection (c); 
‘‘(iii) failure of the State to comply 
with the public participation requirements 
of this section; or 
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emcdonald on DSK67QTVN1PROD with BILLS
‘‘(iv) failure of the State to implement 
corrective action requirements as described 
in subsection (c)(2)(B); and 
‘‘(C) whether the enforcement of a State coal 
combustion residuals permit program fails to 
comply with the requirements of this section be-
cause of— 
‘‘(i) failure to act on violations of per-
mits, as identified by the State; or 
‘‘(ii) repeated failure by the State to 
inspect or otherwise determine compliance 
pursuant to the process identified in sub-
section (b)(2)(B)(iii)(I). 
‘‘(e) IMPLEMENTATION BY ADMINISTRATOR.— 
‘‘(1) FEDERAL BACKSTOP AUTHORITY.—The Ad-
ministrator shall implement a coal combustion re-
siduals permit program for a State only if— 
‘‘(A) the Governor of the State notifies the 
Administrator under subsection (b)(1) that the 
State will not adopt and implement a permit 
program; 
‘‘(B) the State has received a notice under 
subsection (d) and the Administrator determines, 
after providing a 30-day period for notice and 
public comment, that the State has failed, by the 
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emcdonald on DSK67QTVN1PROD with BILLS
deadline identified in the notice under subsection 
(d)(3)(B), to remedy the deficiencies detailed in 
the notice under subsection (d)(3)(A); or 
‘‘(C) the State informs the Administrator, 
in writing, that such State will no longer imple-
ment such a permit program. 
‘‘(2) REVIEW.—A State may obtain a review of 
a determination by the Administrator under this sub-
section as if the determination was a final regulation 
for purposes of section 7006. 
‘‘(3) OTHER STRUCTURES.—For structures that 
receive coal combustion residuals on or after the date 
of enactment of this section located on property with-
in the exterior boundaries of a State that the State 
does not have authority or jurisdiction to regulate, the 
Administrator shall implement a coal combustion re-
siduals permit program only for those structures. 
‘‘(4) REQUIREMENTS.—If the Administrator im-
plements a coal combustion residuals permit program 
for a State under paragraph (1) or (3), the permit 
program shall consist of the requirements described in 
subsection (c). 
‘‘(5) ENFORCEMENT.— 
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‘‘(A) IN
GENERAL.—If the Administrator 
implements a coal combustion residuals permit 
program for a State under paragraph (1)— 
‘‘(i) the authorities referred to in sec-
tion 4005(c)(2)(A) shall apply with respect 
to coal combustion residuals and structures 
for which the Administrator is imple-
menting the coal combustion residuals per-
mit program; and 
‘‘(ii) the Administrator may use those 
authorities to inspect, gather information, 
and enforce the requirements of this section 
in the State. 
‘‘(B) OTHER STRUCTURES.—If the Admin-
istrator implements a coal combustion residuals 
permit program under paragraph (3)— 
‘‘(i) the authorities referred to in sec-
tion 4005(c)(2)(A) shall apply with respect 
to coal combustion residuals and structures 
for which the Administrator is imple-
menting the coal combustion residuals per-
mit program; and 
‘‘(ii) the Administrator may use those 
authorities to inspect, gather information, 
and enforce the requirements of this section 
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emcdonald on DSK67QTVN1PROD with BILLS
for the structures for which the Adminis-
trator is implementing the coal combustion 
residuals permit program. 
‘‘(6) PUBLIC
PARTICIPATION
PROCESS.—If the 
Administrator implements a coal combustion residu-
als permit program for a State under this subsection, 
the Administrator shall provide a 30-day period for 
the public participation process required in para-
graphs (1)(F)(i), (4)(C)(i), and (4)(E)(ii)(IV) of sub-
section (c). 
‘‘(f) STATE CONTROL AFTER IMPLEMENTATION BY AD-
MINISTRATOR.— 
‘‘(1) STATE CONTROL.— 
‘‘(A) NEW ADOPTION, OR RESUMPTION OF, 
AND IMPLEMENTATION BY STATE.—For a State 
for which the Administrator is implementing a 
coal combustion residuals permit program under 
subsection (e)(1)(A), or subsection (e)(1)(C), the 
State may adopt and implement such a permit 
program by— 
‘‘(i) notifying the Administrator that 
the State will adopt and implement such a 
permit program; 
‘‘(ii) not later than 6 months after the 
date of such notification, submitting to the 
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emcdonald on DSK67QTVN1PROD with BILLS
Administrator a certification under sub-
section (b)(2); and 
‘‘(iii) receiving from the Adminis-
trator— 
‘‘(I) a determination, after pro-
viding a 30-day period for notice and 
public comment, that the State coal 
combustion residuals permit program 
meets the requirements described in 
subsection (c); and 
‘‘(II) a timeline for transition of 
control of the coal combustion residuals 
permit program. 
‘‘(B) REMEDYING DEFICIENT PERMIT PRO-
GRAM.—For a State for which the Administrator 
is implementing a coal combustion residuals per-
mit program under subsection (e)(1)(B), the 
State may adopt and implement such a permit 
program by— 
‘‘(i) remedying only the deficiencies de-
tailed in the notice pursuant to subsection 
(d)(3)(A); and 
‘‘(ii) receiving from the Adminis-
trator— 
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emcdonald on DSK67QTVN1PROD with BILLS
‘‘(I) a determination, after pro-
viding a 30-day period for notice and 
public comment, that the deficiencies 
detailed in such notice have been rem-
edied; and 
‘‘(II) a timeline for transition of 
control of the coal combustion residuals 
permit program. 
‘‘(2) REVIEW OF DETERMINATION.— 
‘‘(A) DETERMINATION REQUIRED.—The Ad-
ministrator shall make a determination under 
paragraph (1) not later than 90 days after the 
date on which the State submits a certification 
under paragraph (1)(A)(ii), or notifies the Ad-
ministrator that the deficiencies have been rem-
edied pursuant to paragraph (1)(B)(i), as appli-
cable. 
‘‘(B) REVIEW.—A State may obtain a re-
view of a determination by the Administrator 
under paragraph (1) as if such determination 
was a final regulation for purposes of section 
7006. 
‘‘(3) IMPLEMENTATION DURING TRANSITION.— 
‘‘(A) EFFECT ON ACTIONS AND ORDERS.— 
Program requirements of, and actions taken or 
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emcdonald on DSK67QTVN1PROD with BILLS
orders issued pursuant to, a coal combustion re-
siduals permit program shall remain in effect 
if— 
‘‘(i) a State takes control of its coal 
combustion residuals permit program from 
the Administrator under paragraph (1); or 
‘‘(ii) the Administrator takes control of 
a coal combustion residuals permit program 
from a State under subsection (e). 
‘‘(B) CHANGE
IN
REQUIREMENTS.—Sub-
paragraph (A) shall apply to such program re-
quirements, actions, and orders until such time 
as— 
‘‘(i) the implementing agency changes 
the requirements of the coal combustion re-
siduals permit program with respect to the 
basis for the action or order; or 
‘‘(ii) the State or the Administrator, 
whichever took the action or issued the 
order, certifies the completion of a corrective 
action that is the subject of the action or 
order. 
‘‘(4) SINGLE
PERMIT
PROGRAM.—If a State 
adopts and implements a coal combustion residuals 
permit program under this subsection, the Adminis-
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emcdonald on DSK67QTVN1PROD with BILLS
trator shall cease to implement the permit program 
implemented under subsection (e)(1) for such State. 
‘‘(g) EFFECT ON DETERMINATION UNDER 4005(c) OR 
3006.—The Administrator shall not consider the implemen-
tation of a coal combustion residuals permit program by 
the Administrator under subsection (e) in making a deter-
mination of approval for a permit program or other system 
of prior approval and conditions under section 4005(c) or 
of authorization for a program under section 3006. 
‘‘(h) AUTHORITY.— 
‘‘(1) STATE AUTHORITY.—Nothing in this section 
shall preclude or deny any right of any State to 
adopt or enforce any regulation or requirement re-
specting coal combustion residuals that is more strin-
gent or broader in scope than a regulation or require-
ment under this section. 
‘‘(2) AUTHORITY OF THE ADMINISTRATOR.— 
‘‘(A) IN GENERAL.—Except as provided in 
subsections (d) and (e) and section 6005, the Ad-
ministrator shall, with respect to the regulation 
of coal combustion residuals, defer to the States 
pursuant to this section. 
‘‘(B) IMMINENT HAZARD.—Nothing in this 
section shall be construed as affecting the author-
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emcdonald on DSK67QTVN1PROD with BILLS
ity of the Administrator under section 7003 with 
respect to coal combustion residuals. 
‘‘(C) 
ENFORCEMENT
ASSISTANCE
ONLY 
UPON REQUEST.—Upon request from the head of 
a lead State agency that is implementing a coal 
combustion residuals permit program, the Ad-
ministrator may provide to such State agency 
only the enforcement assistance requested. 
‘‘(D) CONCURRENT ENFORCEMENT.—Except 
as provided in subparagraph (C), the Adminis-
trator shall not have concurrent enforcement au-
thority when a State is implementing a coal 
combustion residuals permit program, including 
during any period of interim operation described 
in subsection (c)(3)(D). 
‘‘(E) OTHER
AUTHORITY.—The Adminis-
trator shall not have authority to finalize the 
proposed rule published at pages 35128 through 
35264 of volume 75 of the Federal Register (June 
21, 2010). 
‘‘(F) OTHER RESPONSE AUTHORITY.—Noth-
ing in this section shall be construed as affecting 
the authority of the Administrator under the 
Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 (42 U.S.C. 
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emcdonald on DSK67QTVN1PROD with BILLS
9601 et seq.) with respect to coal combustion re-
siduals. 
‘‘(3) CITIZEN
SUITS.—Nothing in this section 
shall be construed to affect the authority of a person 
to commence a civil action in accordance with section 
7002. 
‘‘(i) MINE RECLAMATION ACTIVITIES.—A coal combus-
tion residuals permit program implemented by the Admin-
istrator under subsection (e) shall not apply to the utiliza-
tion, placement, and storage of coal combustion residuals 
at surface mining and reclamation operations. 
‘‘(j) DEFINITIONS.—In this section: 
‘‘(1) COAL COMBUSTION RESIDUALS.—The term 
‘coal combustion residuals’ means— 
‘‘(A) the solid wastes listed in section 
3001(b)(3)(A)(i), including recoverable materials 
from such wastes; 
‘‘(B) coal combustion wastes that are co- 
managed with wastes produced in conjunction 
with the combustion of coal, provided that such 
wastes are not segregated and disposed of sepa-
rately from the coal combustion wastes and com-
prise a relatively small proportion of the total 
wastes being disposed in the structure; 
‘‘(C) fluidized bed combustion wastes; 
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‘‘(D) wastes from the co-burning of coal 
with non-hazardous secondary materials, pro-
vided that coal makes up at least 50 percent of 
the total fuel burned; and 
‘‘(E) wastes from the co-burning of coal 
with materials described in subparagraph (A) 
that are recovered from monofills. 
‘‘(2) COAL COMBUSTION RESIDUALS PERMIT PRO-
GRAM.—The term ‘coal combustion residuals permit 
program’ means all of the authorities, activities, and 
procedures that comprise the system of prior approval 
and conditions implemented by or for a State to regu-
late the management and disposal of coal combustion 
residuals. 
‘‘(3) CODE
OF
FEDERAL
REGULATIONS.—The 
term ‘Code of Federal Regulations’ means the Code of 
Federal Regulations (as in effect on the date of enact-
ment of this section) or any successor regulations. 
‘‘(4) IMPLEMENTING AGENCY.—The term ‘imple-
menting agency’ means the agency responsible for im-
plementing a coal combustion residuals permit pro-
gram for a State, which shall either be the lead State 
implementing agency identified under subsection 
(b)(2)(B)(i) or the Administrator pursuant to sub-
section (e). 
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‘‘(5) PERMIT; PRIOR
APPROVAL
AND
CONDI-
TIONS.—Except as provided in subsections (b)(3) and 
(g), the terms ‘permit’ and ‘prior approval and condi-
tions’ mean any authorization, license, or equivalent 
control document that incorporates the requirements 
of subsection (c). 
‘‘(6) REVISED CRITERIA.—The term ‘revised cri-
teria’ means the criteria promulgated for municipal 
solid waste landfill units under section 4004(a) and 
under section 1008(a)(3), as revised under section 
4010(c). 
‘‘(7) STRUCTURE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘structure’ means a 
landfill, surface impoundment, or other land- 
based unit which receives, or is intended to re-
ceive, coal combustion residuals. 
‘‘(B) DE
MINIMIS
RECEIPT.—The term 
‘structure’ does not include any land-based unit 
that receives only de minimis quantities of coal 
combustion residuals if the presence of coal com-
bustion residuals is incidental to the material 
managed in the unit.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
contained in section 1001 of the Solid Waste Disposal Act 
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emcdonald on DSK67QTVN1PROD with BILLS
is amended by inserting after the item relating to section 
4010 the following: 
‘‘Sec. 4011. Management and disposal of coal combustion residuals.’’. 
SEC. 3. 2000 REGULATORY DETERMINATION. 
Nothing in this Act, or the amendments made by this 
Act, shall be construed to alter in any manner the Environ-
mental Protection Agency’s regulatory determination enti-
tled ‘‘Notice of Regulatory Determination on Wastes From 
the Combustion of Fossil Fuels’’, published at 65 Fed. Reg. 
32214 (May 22, 2000), that the fossil fuel combustion wastes 
addressed in that determination do not warrant regulation 
under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 
6921 et seq.). 
SEC. 4. TECHNICAL ASSISTANCE. 
Nothing in this Act, or the amendments made by this 
Act, shall be construed to affect the authority of a State 
to request, or the Administrator of the Environmental Pro-
tection Agency to provide, technical assistance under the 
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). 
SEC. 5. FEDERAL POWER ACT. 
Nothing in this Act, or the amendments made by this 
Act, shall be construed to affect the obligations of an owner 
or operator of a structure (as defined in section 4011 of 
the Solid Waste Disposal Act, as added by this Act) under 
section 215(b)(1) of the Federal Power Act (16 U.S.C. 
824o(b)(1)). 
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emcdonald on DSK67QTVN1PROD with BILLS
Union Calendar No. 107 
113TH CONGRESS 
1ST SESSION 
H. R. 2218 
[Report No. 113–148] 
A BILL 
To amend subtitle D of the Solid Waste Disposal 
Act to encourage recovery and beneficial use of 
coal combustion residuals and establish require-
ments for the proper management and disposal 
of coal combustion residuals that are protective 
of human health and the environment. 
JULY 10, 2013 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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