‘‘(III) because the geology and 
terrain surrounding the inactive coal 
combustion 
residuals 
surface 
im-
poundment will affect the amount of 
material needed to close the inactive 
coal combustion residuals surface im-
poundment; or 
‘‘(IV) because additional time is 
required to coordinate with and obtain 
necessary approvals and permits; and 
‘‘(ii) demonstrates to the satisfaction 
of the implementing agency that the inac-
tive coal combustion residuals surface im-
poundment does not pose an immediate 
threat of release. 
‘‘(C) FINANCIAL ASSURANCE.—The imple-
menting agency shall require the owner or oper-
ator of an inactive surface impoundment that 
has closed pursuant to this paragraph to per-
form post-closure care in accordance with the 
criteria described in section 257.104(b)(1) of 
title 40, Code of Federal Regulations, and to 
provide financial assurance for such post-clo-
sure care in accordance with the criteria de-
VerDate Sep 11 2014 
03:34 Apr 14, 2015
Jkt 049200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H1734.IH
H1734
SSpencer on DSK4SPTVN1PROD with BILLS
scribed in section 258.72 of title 40, Code of 
Federal Regulations. 
‘‘(D) TREATMENT AS STRUCTURE.— 
‘‘(i) IN GENERAL.—An inactive coal 
combustion residuals surface impoundment 
shall be treated as an existing structure 
that is a surface impoundment for the pur-
poses of this section, including with respect 
to the requirements of paragraphs (1) and 
(2), if— 
‘‘(I) the owner or operator does 
not submit a notice in accordance 
with subparagraph (A); or 
‘‘(II) the owner or operator sub-
mits a notice described in subpara-
graph (A)(ii). 
‘‘(ii) INACTIVE COAL COMBUSTION RE-
SIDUALS
SURFACE
IMPOUNDMENTS
THAT 
FAIL TO CLOSE.—An inactive coal combus-
tion residuals surface impoundment for 
which the owner or operator submits a no-
tice described in subparagraph (A)(i) that 
does not close by the deadline provided 
under subparagraph (A)(i) or subpara-
graph (B), as applicable— 
VerDate Sep 11 2014 
03:34 Apr 14, 2015
Jkt 049200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H1734.IH
H1734
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(I) shall be treated as an exist-
ing structure for purposes of this sec-
tion beginning on the date that is the 
day after such applicable deadline, in-
cluding by— 
‘‘(aa) being required to com-
ply with the requirements of 
paragraph (1), as applicable; and 
‘‘(bb) being required to com-
ply, beginning on such date, with 
each requirement of paragraph 
(2); but 
‘‘(II) shall not be required to 
comply with paragraph (3). 
‘‘(d) FEDERAL REVIEW
OF STATE PERMIT PRO-
GRAMS.— 
‘‘(1) IN
GENERAL.—The Administrator shall 
provide 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 as 
required under subsection (b)(2); 
VerDate Sep 11 2014 
03:34 Apr 14, 2015
Jkt 049200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H1734.IH
H1734
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(C) does not satisfy the maintenance re-
quirement under subsection (b)(3); 
‘‘(D) is not implementing a coal combus-
tion residuals permit program, with respect to 
which the State has submitted a certification 
under subsection (b)(2), that meets the require-
ments described in subsection (c); 
‘‘(E) is not implementing a coal combus-
tion residuals permit program, with respect to 
which the State has submitted a certification 
under subsection (b)(2)— 
‘‘(i) that is consistent with such cer-
tification; and 
‘‘(ii) for which the State continues to 
have in effect statutes or regulations nec-
essary to implement such program; or 
‘‘(F) does not make available to the Ad-
ministrator, within 90 days of a written re-
quest, specific information necessary for the 
Administrator to ascertain whether the State 
has satisfied the requirements described in sub-
paragraphs (A) through (E). 
‘‘(2) REQUEST.—If a request described in para-
graph (1)(F) is proposed pursuant to a petition to 
the Administrator, the Administrator shall make the 
VerDate Sep 11 2014 
03:34 Apr 14, 2015
Jkt 049200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H1734.IH
H1734
SSpencer on DSK4SPTVN1PROD with BILLS
request only if the Administrator does not possess 
the information necessary to ascertain whether the 
State has satisfied the requirements described in 
subparagraphs (A) through (E) of paragraph (1). 
‘‘(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 re-
ceives 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. 
VerDate Sep 11 2014 
03:34 Apr 14, 2015
Jkt 049200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H1734.IH
H1734
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(4) CONSIDERATIONS FOR DETERMINING DE-
FICIENCY OF STATE PERMIT PROGRAM.—In making 
a determination whether a State has failed to satisfy 
the requirements described in subparagraphs (A) 
through (E) of paragraph (1), or a determination 
under subsection (e)(1)(B), the Administrator shall 
consider, as appropriate— 
‘‘(A) whether the State’s statutes or regu-
lations to implement a coal combustion residu-
als permit program are not sufficient to meet 
the requirements described in subsection (c) be-
cause 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)(A); 
VerDate Sep 11 2014 
03:34 Apr 14, 2015
Jkt 049200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H1734.IH
H1734
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(ii) repeated issuance by the State of 
permits that do not meet the requirements 
of subsection (c); 
‘‘(iii) failure of the State to comply 
with the public participation requirements 
of this section; or 
‘‘(iv) failure of the State to implement 
corrective action requirements required 
under 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 
because 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 under 
subsection (b)(2)(C)(iii)(I). 
‘‘(e) IMPLEMENTATION BY ADMINISTRATOR.— 
‘‘(1) FEDERAL
BACKSTOP
AUTHORITY.—The 
Administrator shall implement a coal combustion re-
siduals permit program for a State if— 
‘‘(A) the Governor of the State notifies the 
Administrator under subsection (b)(1) that the 
VerDate Sep 11 2014 
03:34 Apr 14, 2015
Jkt 049200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H1734.IH
H1734
SSpencer on DSK4SPTVN1PROD with BILLS
State will not adopt and implement a permit 
program; 
‘‘(B) the State has received a notice under 
subsection (d) and the Administrator deter-
mines, after providing a 30-day period for no-
tice and public comment, that the State has 
failed, by the deadline identified in the notice 
under subsection (d)(3)(B), to remedy the defi-
ciencies detailed in the notice pursuant to sub-
section (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 
subsection as if the determination was a final regu-
lation for purposes of section 7006. 
‘‘(3) OTHER STRUCTURES.—For structures and 
inactive coal combustion residuals surface impound-
ments located on property within the exterior bound-
aries of a State that the State does not have author-
ity or jurisdiction to regulate, the Administrator 
shall implement a coal combustion residuals permit 
program only for those structures and inactive coal 
combustion residuals surface impoundments. 
VerDate Sep 11 2014 
03:34 Apr 14, 2015
Jkt 049200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H1734.IH
H1734
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(4) REQUIREMENTS.—If the Administrator 
implements a coal combustion residuals permit pro-
gram under paragraph (1) or (3), the permit pro-
gram shall consist of the requirements described in 
subsection (c). 
‘‘(5) ENFORCEMENT.— 
‘‘(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, structures, 
and inactive coal combustion residuals sur-
face impoundments for which the Adminis-
trator is implementing the coal combustion 
residuals permit program; and 
‘‘(ii) the Administrator may use those 
authorities to inspect, gather information, 
and enforce the requirements of this sec-
tion 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 
VerDate Sep 11 2014 
03:34 Apr 14, 2015
Jkt 049200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H1734.IH
H1734
SSpencer on DSK4SPTVN1PROD with BILLS
to coal combustion residuals, structures, 
and inactive coal combustion residuals sur-
face impoundments for which the Adminis-
trator is implementing the coal combustion 
residuals permit program; and 
‘‘(ii) the Administrator may use those 
authorities to inspect, gather information, 
and enforce the requirements of this sec-
tion for the structures and inactive coal 
combustion residuals surface impound-
ments for which the Administrator is im-
plementing the coal combustion residuals 
permit program. 
‘‘(6) PUBLIC PARTICIPATION PROCESS.—If the 
Administrator implements a coal combustion residu-
als permit program under this subsection, the Ad-
ministrator shall provide a 30-day period for the 
public participation process required under sub-
section (c)(1)(B)(i). 
‘‘(f) STATE CONTROL AFTER IMPLEMENTATION BY 
ADMINISTRATOR.— 
‘‘(1) STATE CONTROL.— 
‘‘(A) NEW ADOPTION, OR RESUMPTION OF, 
AND IMPLEMENTATION BY STATE.—For a State 
for which the Administrator is implementing a 
VerDate Sep 11 2014 
03:34 Apr 14, 2015
Jkt 049200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H1734.IH
H1734
SSpencer on DSK4SPTVN1PROD with BILLS
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 
Administrator a certification under sub-
section (b)(2); and 
‘‘(iii) receiving from the Adminis-
trator— 
‘‘(I) a determination, after the 
Administrator provides for a 30-day 
period for notice and public comment, 
that the State coal combustion residu-
als permit program meets the require-
ments described in subsection (c); and 
‘‘(II) a timeline for transition to 
the State coal combustion residuals 
permit program. 
‘‘(B) REMEDYING DEFICIENT PERMIT PRO-
GRAM.—For a State for which the Adminis-
trator is implementing a coal combustion re-
VerDate Sep 11 2014 
03:34 Apr 14, 2015
Jkt 049200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H1734.IH
H1734
SSpencer on DSK4SPTVN1PROD with BILLS
siduals 
permit 
program 
under 
subsection 
(e)(1)(B), the State may adopt and implement 
such a permit program by— 
‘‘(i) remedying only the deficiencies 
detailed in the notice pursuant to sub-
section (d)(3)(A); and 
‘‘(ii) receiving from the Adminis-
trator— 
‘‘(I) a determination, after the 
Administrator provides for a 30-day 
period for notice and public comment, 
that the deficiencies detailed in such 
notice have been remedied; and 
‘‘(II) a timeline for transition to 
the State coal combustion residuals 
permit program. 
‘‘(2) REVIEW OF DETERMINATION.— 
‘‘(A) DETERMINATION
REQUIRED.—The 
Administrator shall make a determination 
under paragraph (1) not later than 90 days 
after the date on which the State submits a cer-
tification under paragraph (1)(A)(ii), or notifies 
the Administrator that the deficiencies have 
been remedied pursuant to paragraph (1)(B)(i), 
as applicable. 
VerDate Sep 11 2014 
03:34 Apr 14, 2015
Jkt 049200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H1734.IH
H1734
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(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. 
‘‘(g) IMPLEMENTATION DURING TRANSITION.— 
‘‘(1) EFFECT ON ACTIONS AND ORDERS.—Pro-
gram requirements of, and actions taken or orders 
issued pursuant to, a coal combustion residuals per-
mit program shall remain in effect if— 
‘‘(A) a State takes control of its coal com-
bustion residuals permit program from the Ad-
ministrator under subsection (f)(1); or 
‘‘(B) the Administrator takes control of a 
coal combustion residuals permit program from 
a State under subsection (e). 
‘‘(2) CHANGE IN REQUIREMENTS.—Paragraph 
(1) shall apply to such program requirements, ac-
tions, and orders until such time as— 
‘‘(A) the implementing agency that took 
control of the coal combustion residuals permit 
program changes the requirements of the coal 
combustion residuals permit program with re-
spect to the basis for the action or order; or 
VerDate Sep 11 2014 
03:34 Apr 14, 2015
Jkt 049200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H1734.IH
H1734
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(B) with respect to an ongoing corrective 
action, the State or the Administrator, which-
ever took the action or issued the order, cer-
tifies the completion of the corrective action 
that is the subject of the action or order. 
‘‘(3) SINGLE
PERMIT
PROGRAM.—Except as 
otherwise provided in this subsection— 
‘‘(A) if a State adopts and implements a 
coal combustion residuals permit program 
under subsection (f), the Administrator shall 
cease to implement the coal combustion residu-
als permit program implemented under sub-
section (e) for such State; and 
‘‘(B) if the Administrator implements a 
coal combustion residuals permit program for a 
State under subsection (e)(1), the State shall 
cease to implement its coal combustion residu-
als permit program. 
‘‘(h) EFFECT ON DETERMINATION UNDER 4005(c) 
OR 3006.—The Administrator shall not consider the im-
plementation of a coal combustion residuals permit pro-
gram by the Administrator under subsection (e) in making 
a determination of approval for a permit program or other 
system of prior approval and conditions under section 
VerDate Sep 11 2014 
03:34 Apr 14, 2015
Jkt 049200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H1734.IH
H1734
SSpencer on DSK4SPTVN1PROD with BILLS
4005(c) or of authorization for a program under section 
3006. 
‘‘(i) AUTHORITY.— 
‘‘(1) STATE AUTHORITY.—Nothing in this sec-
tion 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 
stringent or broader in scope than a regulation or 
requirement under this section. 
‘‘(2) AUTHORITY OF THE ADMINISTRATOR.— 
‘‘(A) IN GENERAL.—Except as provided in 
subsections (d), (e), and (g) of this section and 
section 6005, the Administrator shall, with re-
spect to the regulation of coal combustion re-
siduals under this Act, defer to the States pur-
suant to this section. 
‘‘(B) IMMINENT HAZARD.—Nothing in this 
section shall be construed as affecting the au-
thority 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 implementing agency, the Ad-
ministrator may provide to such State agency 
only the enforcement assistance requested. 
VerDate Sep 11 2014 
03:34 Apr 14, 2015
Jkt 049200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H1734.IH
H1734
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(D) CONCURRENT
ENFORCEMENT.—Ex-
cept as provided in subparagraph (C) of this 
paragraph and subsection (g), the Adminis-
trator shall not have concurrent enforcement 
authority when a State is implementing a coal 
combustion residuals permit program, including 
during any period of interim operation de-
scribed in subsection (c)(3)(D). 
‘‘(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 sec-
tion 7002. 
‘‘(j) MINE RECLAMATION ACTIVITIES.—A coal com-
bustion residuals permit program implemented by the Ad-
ministrator under subsection (e) shall not apply to the uti-
lization, placement, and storage of coal combustion residu-
als at surface or underground coal mining and reclamation 
operations. 
‘‘(k) USE OF COAL COMBUSTION RESIDUALS.—Use 
of coal combustion residuals in any of the following ways 
shall not be considered to be receipt of coal combustion 
residuals for the purposes of this section: 
‘‘(1) Use as— 
‘‘(A) engineered structural fill constructed 
in accordance with— 
VerDate Sep 11 2014 
03:34 Apr 14, 2015
Jkt 049200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H1734.IH
H1734
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(i) ASTM E2277 entitled ‘Standard 
Guide for Design and Construction of Coal 
Ash 
Structural 
Fills’, 
including 
any 
amendment or revision to that guidance; 
‘‘(ii) any other published national 
standard determined appropriate by the 
implementing agency; or 
‘‘(iii) a State standard or program re-
lating to— 
‘‘(I) fill operations for coal com-
bustion residuals; or 
‘‘(II) the management of coal 
combustion residuals for beneficial 
use; or 
‘‘(B) engineered structural fill for— 
‘‘(i) a building site or foundation; 
‘‘(ii) a base or embankment for a 
bridge, roadway, runway, or railroad; or 
‘‘(iii) a dike, levee, berm, or dam that 
is not part of a structure. 
‘‘(2) Storage in a manner that is consistent 
with the management of raw materials, if the coal 
combustion residuals being stored are intended to be 
used in a product or as a raw material. 
‘‘(3) Beneficial use— 
VerDate Sep 11 2014 
03:34 Apr 14, 2015
Jkt 049200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H1734.IH
H1734
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(A) that provides a functional benefit; 
‘‘(B) that is a substitute for the use of a 
virgin material; 
‘‘(C) that meets relevant product specifica-
tions and regulatory or design standards; and 
‘‘(D) if such use involves placement on the 
land of coal combustion residuals in non-road-
way applications, in an amount equal to or 
greater than the amount described in the defini-
tion of beneficial use in section 257.53 of title 
40, Code of Federal Regulations, for which the 
person using the coal combustion residuals 
demonstrates, and keeps records showing, that 
such use does not result in environmental re-
leases to groundwater, surface water, soil, or air 
that— 
‘‘(i) are greater than those from a 
material or product that would be used in-
stead of the coal combustion residuals; or 
‘‘(ii) exceed relevant regulatory and 
health-based benchmarks for human and 
ecological receptors. 
‘‘(l) EFFECT OF RULE.— 
‘‘(1) IN GENERAL.—With respect to the final 
rule entitled ‘Hazardous and Solid Waste Manage-
VerDate Sep 11 2014 
03:34 Apr 14, 2015
Jkt 049200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H1734.IH
H1734
SSpencer on DSK4SPTVN1PROD with BILLS
ment System; Disposal of Coal Combustion Residu-
als from Electric Utilities’ signed by the Adminis-
trator on December 19, 2014— 
‘‘(A) such rule shall be implemented only 
through a coal combustion residuals permit pro-
gram under this section; and 
‘‘(B) to the extent that any provision or re-
quirement of such rule conflicts, or is incon-
sistent, with a provision or requirement of this 
section, the provision or requirement of this 
section shall control. 
‘‘(2) REFERENCES TO THE CODE OF FEDERAL 
REGULATIONS.—For purposes of this section, any 
reference to a provision of the Code of Federal Reg-
ulations added by the rule described in paragraph 
(1) shall be considered to be a reference to such pro-
vision as it is contained in such rule. 
‘‘(3) EFFECTIVE DATE.—For purposes of this 
section, any reference in part 257 of title 40, Code 
of Federal Regulations, to the effective date con-
tained in section 257.51 of such part shall be consid-
ered to be a reference to the date of enactment of 
this section, except that, in the case of any deadline 
established by such a reference that is in conflict 
VerDate Sep 11 2014 
03:34 Apr 14, 2015
Jkt 049200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H1734.IH
H1734
SSpencer on DSK4SPTVN1PROD with BILLS
with a deadline established by this section, the dead-
line established by this section shall control. 
‘‘(4) 
APPLICABILITY
OF
OTHER
REGULA-
TIONS.—The application of section 257.52 of title 
40, Code of Federal Regulations, is not affected by 
this section. 
‘‘(5) DEFINITIONS.—The definitions under sec-
tion 257.53 of title 40, Code of Federal Regulations, 
shall apply with respect to any criteria described in 
subsection (c) the requirements of which are incor-
porated into a coal combustion residuals permit pro-
gram under this section, except— 
‘‘(A) as provided in paragraph (1); and 
‘‘(B) a lead State implementing agency 
may make changes to such definitions if the 
lead State implementing agency— 
‘‘(i) identifies the changes in the ex-
planation included with the certification 
submitted under subsection (b)(2)(C)(iii); 
and 
‘‘(ii) provides in such explanation a 
reasonable basis for the changes. 
‘‘(6) OTHER CRITERIA.—The criteria described 
in sections 257.106 and 257.107 of title 40, Code of 
Federal Regulations, may be incorporated into a coal 
VerDate Sep 11 2014 
03:34 Apr 14, 2015
Jkt 049200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H1734.IH
H1734
SSpencer on DSK4SPTVN1PROD with BILLS
combustion residuals permit program at the discre-
tion of the implementing agency. 
‘‘(m) DEFINITIONS.—In this section: 
‘‘(1) 
COAL
COMBUSTION
RESIDUALS.—The 
term ‘coal combustion residuals’ means the following 
wastes generated by electric utilities and inde-
pendent power producers: 
‘‘(A) The solid wastes listed in section 
3001(b)(3)(A)(i) that are generated primarily 
from the combustion of coal, including recover-
able 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 
comprise a relatively small proportion of the 
total wastes being disposed in the structure. 
‘‘(C) Fluidized bed combustion wastes that 
are generated primarily from the combustion of 
coal. 
‘‘(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. 
VerDate Sep 11 2014 
03:34 Apr 14, 2015
Jkt 049200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H1734.IH
H1734
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(E) Wastes from the co-burning of coal 
with materials described in subparagraph (A) 
that are recovered from monofills. 
‘‘(2) COAL
COMBUSTION
RESIDUALS
PERMIT 
PROGRAM.—The term ‘coal combustion residuals 
permit program’ means all of the authorities, activi-
ties, and procedures that comprise a system of prior 
approval and conditions implemented under this sec-
tion to regulate the management and disposal of coal 
combustion residuals. 
‘‘(3) ELECTRIC UTILITY; INDEPENDENT POWER 
PRODUCER.—The terms ‘electric utility’ and ‘inde-
pendent power producer’ include only electric utili-
ties and independent power producers that produce 
electricity on or after the date of enactment of this 
section. 
‘‘(4) EXISTING STRUCTURE.—The term ‘exist-
ing structure’ means a structure the construction of 
which commenced before the date of enactment of 
this section. 
‘‘(5) IMPLEMENTING AGENCY.—The term ‘im-
plementing agency’ means the agency responsible for 
implementing a coal combustion residuals permit 
program, which shall either be the lead State imple-
menting 
agency 
identified 
under 
subsection 
VerDate Sep 11 2014 
03:34 Apr 14, 2015
Jkt 049200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H1734.IH
H1734
SSpencer on DSK4SPTVN1PROD with BILLS
(b)(2)(C)(i) or the Administrator pursuant to sub-
section (e). 
‘‘(6) INACTIVE COAL COMBUSTION RESIDUALS 
SURFACE IMPOUNDMENT.—The term ‘inactive coal 
combustion residuals surface impoundment’ means a 
surface impoundment, located at an electric utility 
or independent power producer, that, as of the date 
of enactment of this section— 
‘‘(A) does not receive coal combustion re-
siduals; 
‘‘(B) contains coal combustion residuals; 
and 
‘‘(C) contains liquid. 
‘‘(7) STRUCTURE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘structure’ means a 
landfill, surface impoundment, sand or gravel 
pit, or quarry that receives coal combustion re-
siduals on or after the date of enactment of this 
section. 
‘‘(B) EXCEPTIONS.— 
‘‘(i) MUNICIPAL SOLID WASTE LAND-
FILLS.—The term ‘structure’ does not in-
clude a municipal solid waste landfill. 
VerDate Sep 11 2014 
03:34 Apr 14, 2015
Jkt 049200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H1734.IH
H1734
SSpencer on DSK4SPTVN1PROD with BILLS
‘‘(ii) 
DE
MINIMIS
RECEIPT.—The 
term ‘structure’ does not include any land-
fill or surface impoundment that receives 
only de minimis quantities of coal combus-
tion residuals if the presence of coal com-
bustion residuals is incidental to the mate-
rial managed in the landfill or surface im-
poundment. 
‘‘(8) UNLINED SURFACE IMPOUNDMENT.—The 
term ‘unlined surface impoundment’ means a sur-
face impoundment that does not have a liner system 
described in section 257.71 of title 40, Code of Fed-
eral Regulations.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents contained in section 1001 of the Solid Waste Dis-
posal Act 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 Envi-
ronmental Protection Agency’s regulatory determination 
entitled ‘‘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 com-
bustion wastes addressed in that determination do not 
VerDate Sep 11 2014 
03:34 Apr 14, 2015
Jkt 049200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H1734.IH
H1734
SSpencer on DSK4SPTVN1PROD with BILLS
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 
Protection 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 such term is 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)). 
Æ 
VerDate Sep 11 2014 
03:34 Apr 14, 2015
Jkt 049200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6301
E:\BILLS\H1734.IH
H1734
SSpencer on DSK4SPTVN1PROD with BILLS