I 
112TH CONGRESS 
1ST SESSION H. R. 2273 
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 generated by the combustion of coal and other fossil fuels. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 22, 2011 
Mr. MCKINLEY (for himself, Mr. WHITFIELD, Mr. RAHALL, Mrs. CAPITO, 
Mrs. MYRICK, Mr. OLSON, Mrs. LUMMIS, Mr. ROSS of Florida, Mr. BAR-
TON of Texas, Mr. JOHNSON of Ohio, Mr. PITTS, Mr. ROGERS of Ken-
tucky, Mrs. MCMORRIS RODGERS, Mr. WOMACK, Mr. SULLIVAN, Mr. 
PALAZZO, and Mr. BUCSHON) introduced the following bill; which was re-
ferred to the Committee on Energy and Commerce 
A BILL 
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’’. 
VerDate Mar 15 2010 
07:16 Jun 24, 2011
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2273.IH
H2273
jbell on DSKDVH8Z91PROD with BILLS
SEC. 2. AMENDMENT TO SUBTITLE D OF THE SOLID WASTE 
DISPOSAL ACT. 
Subtitle D of the Solid Waste Disposal 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.—Not later than 36 
months after the date of enactment of this section 
(except as provided in subsections (f)(1)(A) and 
(f)(1)(C)), the Governor of each State that has noti-
fied the Administrator that the State will adopt and 
implement a coal combustion residuals permit pro-
gram shall submit to the Administrator, in writing, 
a certification that such State coal combustion re-
VerDate Mar 15 2010 
07:16 Jun 24, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2273.IH
H2273
jbell on DSKDVH8Z91PROD with BILLS
siduals permit program meets the specifications de-
scribed in subsection (c). 
‘‘(3) MAINTENANCE OF 4005(c) OR 3006 PRO-
GRAM.—Solely for the purpose of demonstrating 
competence under this Act to adopt or implement a 
coal combustion residuals permit program under this 
section (including pursuant to subsection (f)), the 
State agency responsible for implementing the coal 
combustion residuals 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) IN
GENERAL.—The specifications de-
scribed in this subsection for a coal combustion re-
siduals permit program are as follows: 
‘‘(A) The requirements of a State coal 
combustion residuals permit program shall be 
no less stringent than the requirements of the 
revised criteria. 
‘‘(B) Such coal combustion residuals per-
mit program shall regulate the management of 
coal combustion residuals in surface impound-
ments and other land-based units. 
‘‘(C) Each structure in such State shall be, 
in accordance with generally accepted engineer-
VerDate Mar 15 2010 
07:16 Jun 24, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2273.IH
H2273
jbell on DSKDVH8Z91PROD with BILLS
ing standards for the structural integrity of 
such structures, designed, constructed, and 
maintained to provide for containment of the 
maximum volumes of coal combustion residuals 
appropriate for the structure. 
‘‘(D) The State has the authority to in-
spect structures and implement and enforce 
such coal combustion residuals permit program. 
‘‘(2) PROGRAM
STRINGENCY.—The require-
ments of a State coal combustion residuals permit 
program shall not be considered to be less stringent 
than the requirements of the revised criteria if one 
or more of the requirements of the revised criteria 
is not applied because such criteria is not appro-
priate for the management of coal combustion re-
siduals. 
‘‘(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 the State— 
‘‘(A) does not satisfy the notification re-
quirement under subsection (b)(1); 
VerDate Mar 15 2010 
07:16 Jun 24, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2273.IH
H2273
jbell on DSKDVH8Z91PROD with BILLS
‘‘(B)(i) has not submitted a written certifi-
cation under subsection (b)(2); and 
‘‘(ii) is not regulating structures in a man-
ner that protects human health and the envi-
ronment; 
‘‘(C) does not satisfy the maintenance re-
quirement under subsection (b)(3); or 
‘‘(D) has satisfied the notification require-
ment under subsection (b)(1) and has sub-
mitted a written certification under subsection 
(b)(2), but, based upon information received by 
the Administrator, is not implementing a coal 
combustion residuals permit program. 
‘‘(2) CONTENTS OF NOTICE; DEADLINE FOR RE-
SPONSE.—A notice provided under this subsection 
shall— 
‘‘(A) include— 
‘‘(i) findings of the Administrator de-
tailing any applicable deficiencies in— 
‘‘(I) compliance by the State with 
the notification requirement under 
subsection (b)(1); 
‘‘(II)(aa) submission by the State 
of the written certification under sub-
section (b)(2); and 
VerDate Mar 15 2010 
07:16 Jun 24, 2011
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H2273.IH
H2273
jbell on DSKDVH8Z91PROD with BILLS
‘‘(bb) the ways in which the 
State is regulating structures such 
that human health and the environ-
ment are not protected; and 
‘‘(III) compliance by the State 
with the maintenance requirement 
under subsection (b)(3); and 
‘‘(ii) for a State described in para-
graph (1)(D), a request for the State to 
demonstrate that it is implementing a coal 
combustion residuals permit program; 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— 
‘‘(i) take actions to remedy the defi-
ciencies 
detailed 
under 
subparagraph 
(A)(i); or 
‘‘(ii) for a State described in para-
graph (1)(D), demonstrate that it is imple-
menting a coal combustion residuals per-
mit program. 
‘‘(e) IMPLEMENTATION
BY ADMINISTRATOR.—The 
Administrator shall implement a coal combustion residuals 
permit program, the elements of which shall consist of the 
VerDate Mar 15 2010 
07:16 Jun 24, 2011
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H2273.IH
H2273
jbell on DSKDVH8Z91PROD with BILLS