SEC. 2. REQUIREMENTS FOR SURFACE STORAGE AND DIS-
POSAL OF COVERED WASTES IN IMPOUND-
MENTS. 
(a) REGULATIONS.—The Secretary of the Interior 
shall, within 180 days after the date of enactment of this 
Act, promulgate regulations that establish design, engi-
neering, and performance standards that provide for safe 
storage and disposal of covered wastes in impoundments. 
(b) IMPOUNDMENT REQUIREMENTS.—The regula-
tions under subsection (a) shall require that an impound-
ment for the storage or disposal of covered wastes shall 
be designed, constructed, and maintained in accordance 
with requirements that are substantially similar to the re-
quirements that apply to impoundments under paragraphs 
(8), (11), and (13) of section 515(b) and section 515(f) 
of the Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1265(b), 1265(f)). 
(c) PROHIBITION.—No person shall construct or op-
erate any impoundment for the storage or disposal of cov-
ered wastes on any land in any State except in accordance 
with regulations promulgated under subsection (a). 
(d) INSPECTIONS, PENALTIES, 
AND
ENFORCE-
MENT.—For purposes of sections 517, 518, and 521 of 
the Surface Mining Control and Reclamation Act of 1977 
(30 U.S.C. 1267, 1268, 1271)— 
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(1) this section and permitting, design, per-
formance, and other requirements and prohibitions 
established by the regulations and orders under this 
section shall be treated as requirements and prohibi-
tions under that Act; and 
(2) an impoundment for the deposit and main-
tenance of covered wastes in violation of this section, 
the regulations this section, or any order under sub-
section (e) shall be treated as a surface coal mining 
operation. 
(e) PRE-EXISTING IMPOUNDMENTS.— 
(1) LIMITATION ON APPLICATION.—Except as 
provided in an order under this subsection, the regu-
lations under subsection (a) and subsections (c) and 
(d) shall not apply to an impoundment for the de-
posit and maintenance of covered wastes that is in 
existence on such date of enactment. 
(2) INVENTORY.—The Secretary shall, within 
12 months after the date of enactment of this Act, 
complete an inventory of all impoundments for the 
deposit and maintenance of covered wastes in exist-
ence on such date of enactment. The inventory shall 
include— 
(A) an assessment of the design, stability, 
and engineering of embankments and basin 
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characterization and design of each such im-
poundment; 
(B) an assessment of risks to surface and 
groundwater posed by each such impoundment; 
and 
(C) a determination on the degree of risk 
each such impoundment poses to human and 
environmental health. 
(3) ORDERS.—Based on the assessments and 
determination of degree of risk under paragraph (2), 
the Secretary may issue any order necessary to en-
sure that any such impoundment complies with re-
quirements established by the regulations under this 
section. 
(4) REPORT TO CONGRESS.—Not later than one 
year after the date of completion of the inventory 
under paragraph (2), the Secretary shall report to 
Congress on the findings and determinations of the 
inventory. 
(f) STATE PROGRAMS.—The Secretary shall imple-
ment the requirements of this Act pursuant to the regula-
tions promulgated pursuant to subsection (a), except that 
any State with an approved State program under section 
503 of the Surface Mining Control and Reclamation Act 
of 1977 (30 U.S.C. 1253) may submit to the Secretary 
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a revision to such State program to incorporate the regula-
tions under subsection (a) subject to the terms and condi-
tions of section 503 of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1253). 
(g) RELATIONSHIP TO OTHER LAW.— 
(1) FEDERAL
LAW.—Nothing in this section 
shall affect any authority under any other Act of 
Congress to prohibit the construction or operation of 
any impoundment for the storage or disposal of cov-
ered wastes. 
(2) STATE LAW.—Any reclamation, land use, 
environmental, or public health protection standard 
or requirement in State statute or regulation with 
respect to the regulation of impoundments or of the 
storage or disposal of covered wastes that meets or 
exceeds the requirements and prohibitions of this 
section and the regulations issued under this section 
shall not be construed to be inconsistent with this 
section or any regulation under this section. 
(h) IN GENERAL.—In this section: 
(1) COVERED
WASTES.—The term ‘‘covered 
wastes’’— 
(A) means material referred to as ‘‘other 
wastes’’ in section 515(b)(11) of the Surface 
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Mining Control and Reclamation Act of 1977 
(30 U.S.C. 1265(b)(11)); and 
(B) includes coal ash, slag, and flue gas 
desulfurization materials stored or disposed of 
in liquid, semi-liquid, or solid form. 
(2) IMPOUNDMENT.—The term ‘‘impoundment’’ 
means any dam or embankment used to retain cov-
ered wastes. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
Æ 
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