I 
114TH CONGRESS 
1ST SESSION H. R. 1734 
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 residu-
als that are protective of human health and the environment. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 13, 2015 
Mr. MCKINLEY (for himself, Mr. CRAMER, Mr. GUTHRIE, Mr. MURPHY of 
Pennsylvania, Mr. RODNEY DAVIS of Illinois, Mr. WHITFIELD, Mr. 
HUIZENGA of Michigan, Mr. HARPER, Mr. FRANKS of Arizona, Mr. 
BARR, Mr. OLSON, Mr. KELLY of Pennsylvania, Mr. RENACCI, Mr. 
THOMPSON of Mississippi, Mr. SHIMKUS, Mr. BARLETTA, Ms. JENKINS 
of Kansas, Mr. BISHOP of Georgia, Mr. JENKINS of West Virginia, Mrs. 
LUMMIS, Mr. LONG, Mrs. BLACKBURN, and Mr. MOONEY of West Vir-
ginia) introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
A BILL 
To amend subtitle D of the Solid Waste Disposal Act to 
encourage recovery and beneficial use of coal combustion 
residuals and establish requirements for the proper man-
agement and disposal of coal combustion residuals that 
are protective of human health and the environment. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Improving Coal Combustion Residuals Regulation Act of 
2015’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title and table of contents. 
Sec. 2. Management and disposal of coal combustion residuals. 
Sec. 3. 2000 regulatory determination. 
Sec. 4. Technical assistance. 
Sec. 5. Federal Power Act. 
SEC. 2. MANAGEMENT AND DISPOSAL OF COAL COMBUS-
TION RESIDUALS. 
(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: 
‘‘SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COM-
BUSTION RESIDUALS. 
‘‘(a) STATE PERMIT PROGRAMS FOR COAL COMBUS-
TION RESIDUALS.—Each State may adopt, implement, 
and enforce a coal combustion residuals permit program 
in accordance with this section. 
‘‘(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)(3)(B)), the Governor of each State shall 
notify the Administrator, in writing, whether such 
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State will adopt and implement a coal combustion 
residuals permit program. 
‘‘(2) CERTIFICATION.— 
‘‘(A) IN
GENERAL.—Not later than 24 
months after the date of enactment of this sec-
tion (except as provided in subparagraph (B) 
and subsection (f)(1)(A)), in the case of a State 
that has notified the Administrator that it will 
implement a coal combustion residuals permit 
program, the head of the lead State imple-
menting agency shall submit to the Adminis-
trator a certification that such coal combustion 
residuals permit program meets the require-
ments described in subsection (c). 
‘‘(B) EXTENSION.— 
‘‘(i) REQUIREMENTS.—The Adminis-
trator may extend the deadline for submis-
sion of a certification for a State under 
subparagraph (A) for a period of 12 
months if the State submits to the Admin-
istrator a request for such an extension 
that— 
‘‘(I) describes the efforts of the 
State to meet such deadline; 
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‘‘(II) demonstrates that the legis-
lative or rulemaking procedures of 
such State render the State unable 
meet such deadline; and 
‘‘(III) provides the Administrator 
with a detailed schedule for comple-
tion and submission of the certifi-
cation. 
‘‘(ii) DETERMINATION.—If the Ad-
ministrator does not approve or deny a re-
quest submitted under clause (i) by the 
date that is 30 days after such submission, 
the request shall be deemed approved. 
‘‘(C) CONTENTS.—A certification sub-
mitted under this paragraph shall include— 
‘‘(i) a letter identifying the lead State 
implementing agency, 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) an explanation of how the State 
coal combustion residuals permit program 
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meets the requirements of this section, in-
cluding— 
‘‘(I) 
a 
description 
of 
the 
State’s— 
‘‘(aa) process to inspect or 
otherwise determine compliance 
with such permit program; 
‘‘(bb) process to enforce the 
requirements of such permit pro-
gram; 
‘‘(cc) 
public 
participation 
process for the promulgation, 
amendment, or repeal of regula-
tions for, and the issuance of 
permits under, such permit pro-
gram; and 
‘‘(dd) statutes, regulations, 
or policies pertaining to public 
access to information, including 
information on groundwater mon-
itoring data, structural stability 
assessments, emergency action 
plans, fugitive dust control plans, 
notifications of closure (including 
any certification of closure by a 
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qualified professional engineer), 
and corrective action remedies; 
and 
‘‘(II) 
identification 
of 
any 
changes to the definitions under sec-
tion 257.53 of title 40, Code of Fed-
eral Regulations, for purposes of the 
State coal combustion residuals per-
mit program, including a reasonable 
basis for such changes, as required 
under subsection (l)(5); 
‘‘(iv) a statement that the State has 
in effect, at the time of certification, stat-
utes or regulations necessary to implement 
a coal combustion residuals permit pro-
gram that meets the requirements de-
scribed in subsection (c); 
‘‘(v) copies of State statutes and regu-
lations described in clause (iv); 
‘‘(vi) a plan for a response by the 
State to a release at a structure or inactive 
surface impoundment that has the poten-
tial for impact beyond the site on which 
the structure or inactive surface impound-
ment is located; and 
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