112TH CONGRESS 
1ST SESSION H. R. 2273 
AN ACT 
To amend subtitle D of the Solid Waste Disposal Act to 
facilitate recovery and beneficial use, and provide for 
the proper management and disposal, of materials gen-
erated by the combustion of coal and other fossil fuels. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Coal Residuals Reuse 
and Management Act’’. 
SEC. 2. AMENDMENT TO SUBTITLE D OF THE SOLID WASTE 
DISPOSAL ACT. 
(a) IN GENERAL.—Subtitle D of the Solid Waste Dis-
posal Act (42 U.S.C. 6941 et seq.) is amended by adding 
at the end the following new section: 
‘‘SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COM-
BUSTION RESIDUALS. 
‘‘(a) STATE PERMIT PROGRAMS FOR COAL COMBUS-
TION RESIDUALS.—Each State may adopt and implement 
a coal combustion residuals permit program. 
‘‘(b) STATE ACTIONS.— 
‘‘(1) NOTIFICATION.—Not later than 6 months 
after the date of enactment of this section (except 
as provided by the deadline identified under sub-
section (d)(2)(B)), the Governor of each State shall 
notify the Administrator, in writing, whether such 
State will adopt and implement a coal combustion 
residuals permit program. 
‘‘(2) CERTIFICATION.— 
‘‘(A) IN
GENERAL.—Not later than 36 
months after the date of enactment of this sec-
tion (except as provided in subsections (f)(1)(A) 
and (f)(1)(C)), in the case of a State that has
notified the Administrator that it will imple-
ment a coal combustion residuals permit pro-
gram, the head of the lead State agency respon-
sible for implementing the coal combustion re-
siduals permit program shall submit to the Ad-
ministrator a certification that such coal com-
bustion residuals permit program meets the 
specifications described in subsection (c)(1). 
‘‘(B) CONTENTS.—A certification sub-
mitted under this paragraph shall include— 
‘‘(i) a letter identifying the lead State 
agency responsible for implementing the 
coal combustion residuals permit program, 
signed by the head of such agency; 
‘‘(ii) identification of any other State 
agencies involved with the implementation 
of the coal combustion residuals permit 
program; 
‘‘(iii) a narrative description that pro-
vides an explanation of how the State will 
ensure that the coal combustion residuals 
permit program meets the requirements of 
this section, including a description of the 
State’s—
‘‘(I) process to inspect or other-
wise determine compliance with such 
permit program; 
‘‘(II) process to enforce the re-
quirements of such permit program; 
and 
‘‘(III) public participation proc-
ess for the promulgation, amendment, 
or repeal of regulations for, and the 
issuance of permits under, such per-
mit program; 
‘‘(iv) a legal certification that the 
State has, at the time of certification, fully 
effective statutes or regulations necessary 
to implement a coal combustion residuals 
permit program that meets the specifica-
tions described in subsection (c)(1); and 
‘‘(v) copies of State statutes and regu-
lations described in clause (iv). 
‘‘(3) MAINTENANCE OF 4005(C) OR 3006 PRO-
GRAM.—In order to adopt or implement a coal com-
bustion residuals permit program under this section 
(including pursuant to subsection (f)), the State 
agency responsible for implementing a coal combus-
tion residuals permit program in a State shall main-
tain an approved program under section 4005(c) or 
an authorized program under section 3006. 
‘‘(c) PERMIT PROGRAM SPECIFICATIONS.— 
‘‘(1) MINIMUM REQUIREMENTS.—The specifica-
tions described in this subsection for a coal combus-
tion residuals permit program are as follows: 
‘‘(A) The revised criteria described in 
paragraph (2) shall apply to a coal combustion 
residuals permit program, except as provided in 
paragraph (3). 
‘‘(B) Each structure shall be, in accord-
ance with generally accepted engineering stand-
ards for the structural integrity of such struc-
tures, designed, constructed, and maintained to 
provide for containment of the maximum vol-
umes of coal combustion residuals appropriate 
for the structure. If a structure is determined 
by the head of the agency responsible for imple-
menting the coal combustion residuals permit 
program to be deficient, the head of such agen-
cy has authority to require action to correct the 
deficiency according to a schedule determined 
by such agency. If the identified deficiency is 
not corrected according to such schedule, the 
head of such agency has authority to require
that the structure close in accordance with sub-
section (h). 
‘‘(C) The coal combustion residuals permit 
program shall apply the revised criteria promul-
gated pursuant to section 4010(c) for location, 
design, groundwater monitoring, corrective ac-
tion, financial assurance, closure, and post-clo-
sure described in paragraph (2) and the speci-
fications described in this paragraph to surface 
impoundments. 
‘‘(D) If a structure that is classified as 
posing a high hazard potential pursuant to the 
guidelines published by the Federal Emergency 
Management Agency entitled ‘Federal Guide-
lines for Dam Safety: Hazard Potential Classi-
fication System for Dams’ (FEMA Publication 
Number 333) is determined by the head of the 
agency responsible for implementing the coal 
combustion residuals permit program to be defi-
cient with respect to the structural integrity re-
quirement in subparagraph (B), the head of 
such agency has authority to require action to 
correct the deficiency according to a schedule 
determined by such agency. If the identified de-
ficiency is not corrected according to such
schedule, the head of such agency has authority 
to require that the structure close in accordance 
with subsection (h). 
‘‘(E) New structures that first receive coal 
combustion residuals after the date of enact-
ment of this section shall be constructed with a 
base located a minimum of two feet above the 
upper limit of the natural water table. 
‘‘(F) In the case of a coal combustion re-
siduals permit program implemented by a 
State, the State has the authority to inspect 
structures and implement and enforce such per-
mit program. 
‘‘(G) In the case of a coal combustion re-
siduals permit program implemented by a 
State, the State has the authority to address 
wind dispersal of dust from coal combustion re-
siduals by requiring dust control measures, as 
determined appropriate by the head of the lead 
State agency responsible for implementing the 
coal combustion residuals permit program. 
‘‘(2) REVISED CRITERIA.—The revised criteria 
described in this paragraph are— 
‘‘(A) the revised criteria for design, 
groundwater monitoring, corrective action, clo-
sure, and post-closure, for structures, includ-
ing— 
‘‘(i) for new structures, and lateral ex-
pansions of existing structures, that first 
receive coal combustion residuals after the 
date of enactment of this section, the re-
vised criteria regarding design require-
ments described in section 258.40 of title 
40, Code of Federal Regulations; and 
‘‘(ii) for all structures that receive 
coal combustion residuals after the date of 
enactment of this section, the revised cri-
teria regarding groundwater monitoring 
and corrective action requirements de-
scribed in subpart E of part 258 of title 
40, Code of Federal Regulations, except 
that, for the purposes of this paragraph, 
such revised criteria shall also include— 
‘‘(I) for the purposes of detection 
monitoring, the constituents boron, 
chloride, conductivity, fluoride, mer-
cury, pH, sulfate, sulfide, and total 
dissolved solids; and 
‘‘(II) for the purposes of assess-
ment monitoring, the constituents alu-
minum, boron, chloride, fluoride, iron, 
manganese, molybdenum, pH, sulfate, 
and total dissolved solids; 
‘‘(B) the revised criteria for location re-
strictions described in— 
‘‘(i) for new structures, and lateral ex-
pansions of existing structures, that first 
receive coal combustion residuals after the 
date of enactment of this section, sections 
258.11 through 258.15 of title 40, Code of 
Federal Regulations; and 
‘‘(ii) for existing structures that re-
ceive coal combustion residuals after the 
date of enactment of this section, sections 
258.11 and 258.15 of title 40, Code of 
Federal Regulations; 
‘‘(C) for all structures that receive coal 
combustion residuals after the date of enact-
ment of this section, the revised criteria for air 
quality described in section 258.24 of title 40, 
Code of Federal Regulations; 
‘‘(D) for all structures that receive coal 
combustion residuals after the date of enact-
ment of this section, the revised criteria for fi-
nancial assurance described in subpart G of
part 258 of title 40, Code of Federal Regula-
tions; 
‘‘(E) for all structures that receive coal 
combustion residuals after the date of enact-
ment of this section, the revised criteria for sur-
face water described in section 258.27 of title 
40, Code of Federal Regulations; 
‘‘(F) for all structures that receive coal 
combustion residuals after the date of enact-
ment of this section, the revised criteria for rec-
ordkeeping described in section 258.29 of title 
40, Code of Federal Regulations; 
‘‘(G) for landfills and other land-based 
units, other than surface impoundments, that 
receive coal combustion residuals after the date 
of enactment of this section, the revised criteria 
for run-on and run-off control systems de-
scribed in section 258.26 of title 40, Code of 
Federal Regulations; and 
‘‘(H) for surface impoundments that re-
ceive coal combustion residuals after the date of 
enactment of this section, the revised criteria 
for run-off control systems described in section 
258.26(a)(2) of title 40, Code of Federal Regu-
lations.
‘‘(3) APPLICABILITY
OF
CERTAIN
REQUIRE-
MENTS.—A State may determine that one or more 
of the requirements of the revised criteria described 
in paragraph (2) is not needed for the management 
of coal combustion residuals in that State, and may 
decline to apply such requirement as part of its coal 
combustion residuals permit program. If a State de-
clines to apply a requirement under this paragraph, 
the State shall include in the certification under sub-
section (b)(2) a description of such requirement and 
the reasons such requirement is not needed in the 
State. If the Administrator determines that a State 
determination under this paragraph does not accu-
rately reflect the needs for the management of coal 
combustion residuals in the State, the Administrator 
may treat such State determination as a deficiency 
under subsection (d). 
‘‘(d) WRITTEN NOTICE AND OPPORTUNITY TO REM-
EDY.— 
‘‘(1) IN
GENERAL.—The Administrator shall 
provide to a State written notice and an opportunity 
to remedy deficiencies in accordance with paragraph 
(2) if at any time the State— 
‘‘(A) does not satisfy the notification re-
quirement under subsection (b)(1);
‘‘(B) has not submitted a certification 
under subsection (b)(2); 
‘‘(C) does not satisfy the maintenance re-
quirement under subsection (b)(3); or 
‘‘(D) is not implementing a coal combus-
tion residuals permit program that meets the 
specifications described in subsection (c)(1). 
‘‘(2) CONTENTS OF NOTICE; DEADLINE FOR RE-
SPONSE.—A notice provided under this subsection 
shall— 
‘‘(A) include findings of the Administrator 
detailing any applicable deficiencies in— 
‘‘(i) compliance by the State with the 
notification requirement under subsection 
(b)(1); 
‘‘(ii) compliance by the State with the 
certification requirement under subsection 
(b)(2); 
‘‘(iii) compliance by the State with the 
maintenance requirement under subsection 
(b)(3); and 
‘‘(iv) the State coal combustion re-
siduals permit program in meeting the 
specifications 
described 
in 
subsection 
(c)(1); and
‘‘(B) identify, in collaboration with the 
State, a reasonable deadline, which shall be not 
sooner than 6 months after the State receives 
the notice, by which the State shall remedy the 
deficiencies detailed under subparagraph (A). 
‘‘(e) IMPLEMENTATION BY ADMINISTRATOR.— 
‘‘(1) IN
GENERAL.—The Administrator shall 
implement a coal combustion residuals permit pro-
gram for a State only in the following cir-
cumstances: 
‘‘(A) If the Governor of such State notifies 
the Administrator under subsection (b)(1) that 
such State will not adopt and implement such 
a permit program. 
‘‘(B) If such State has received a notice 
under subsection (d) and, after any review 
brought by the State under section 7006, fails, 
by the deadline identified in such notice under 
subsection (d)(2)(B), to remedy the deficiencies 
detailed in such notice under subsection 
(d)(2)(A). 
‘‘(C) If such State informs the Adminis-
trator, in writing, that such State will no longer 
implement such a permit program.
‘‘(2) REQUIREMENTS.—If the Administrator 
implements a coal combustion residuals permit pro-
gram for a State under paragraph (1), such permit 
program shall consist of the specifications described 
in subsection (c)(1). 
‘‘(3) ENFORCEMENT.—If the Administrator im-
plements a coal combustion residuals permit pro-
gram for a State under paragraph (1), the authori-
ties referred to in section 4005(c)(2)(A) shall apply 
with respect to coal combustion residuals and struc-
tures and the Administrator may use such authori-
ties to inspect, gather information, and enforce the 
requirements of this section in the State. 
‘‘(f) STATE CONTROL AFTER IMPLEMENTATION BY 
ADMINISTRATOR.— 
‘‘(1) STATE CONTROL.— 
‘‘(A) NEW ADOPTION AND IMPLEMENTA-
TION BY STATE.—For a State for which the 
Administrator is implementing a coal combus-
tion residuals permit program under subsection 
(e)(1)(A), 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 that the 
State coal combustion residuals per-
mit program meets the specifications 
described in subsection (c)(1); and 
‘‘(II) a timeline for transition of 
control of the coal combustion residu-
als permit program. 
‘‘(B) REMEDYING DEFICIENT PERMIT PRO-
GRAM.—For a State for which the Adminis-
trator is implementing a coal combustion re-
siduals 
permit 
program 
under 
subsection 
(e)(1)(B), the State may adopt and implement 
such a permit program by— 
‘‘(i) remedying the deficiencies de-
tailed in the notice provided under sub-
section (d)(2)(A); and 
‘‘(ii) receiving from the Adminis-
trator—
‘‘(I) a determination that the de-
ficiencies detailed in such notice have 
been remedied; and 
‘‘(II) a timeline for transition of 
control of the coal combustion residu-
als permit program. 
‘‘(C) RESUMPTION
OF
IMPLEMENTATION 
BY STATE.—For a State for which the Adminis-
trator is implementing a coal combustion re-
siduals 
permit 
program 
under 
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 that the 
State coal combustion residuals per-
mit program meets the specifications 
described in subsection (c)(1); and
‘‘(II) a timeline for transition of 
control of the coal combustion residu-
als 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 
(1)(C)(ii), or notifies the Administrator that the 
deficiencies have been remedied pursuant to 
paragraph (1)(B)(i), as applicable. 
‘‘(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.— 
Actions taken or orders issued pursuant to a 
coal combustion residuals 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