620 
volume of injectate and contain the volumes of 
sequestered gas and fluid. 
‘‘(B) Identification of all penetrations in 
the area of review and corrective action as 
needed to ensure all penetrations in the area of 
review have been closed in a manner that pre-
vents the movement of carbon dioxide. 
‘‘(C) Design and construction that pre-
vents the movement of fluids into unauthorized 
zones and permits continuous monitoring of the 
annulus between the tubing and casing. 
‘‘(D) Testing and monitoring sufficient to 
ensure that sequestration of carbon dioxide is 
operating as permitted and is not endangering 
underground sources of drinking water, includ-
ing periodic monitoring of ground water quality 
above the injection zone. 
‘‘(E) Postinjection site care and closure 
sufficient to ensure no endangerment of under-
ground sources of drinking water. 
‘‘(3) REQUIREMENTS FOR THE MITIGATION OF 
GREENHOUSE GAS EMISSIONS.— 
‘‘(A) PERCENTAGES.—The regulations pro-
mulgated pursuant to paragraph (1) shall re-
quire increasing net sequestration of carbon di-
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621 
oxide, on a per-well basis, in permitted wells, 
according to the following schedule: 
‘‘(i) Net sequestration of 30 percent 
by 2025. 
‘‘(ii) Net sequestration of 50 percent 
by 2030. 
‘‘(iii) Net sequestration of 80 percent 
by 2035. 
‘‘(iv) Net sequestration of 100 percent 
by 2045. 
‘‘(v) Net sequestration of 110 percent 
by 2050. 
‘‘(B) ESTIMATES.—The regulations pro-
mulgated pursuant to paragraph (1) may allow 
estimates of net sequestration of carbon dioxide 
to be based on modeling or monitoring. 
‘‘(4) TRANSITION
OF
EXISTING
CLASS
II 
WELLS.—The regulations promulgated pursuant to 
paragraph (1) shall allow for the transition of exist-
ing Class II wells to the class of wells established 
pursuant to this subsection upon a showing that 
such a well can meet the requirements of such regu-
lations relating to site characterization, penetrations, 
testing and monitoring, and postinjection site care 
and closure.’’. 
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622 
SEC. 622. ENSURING SAFE DISPOSAL OF COAL ASH. 
Section 4005(d) of the Solid Waste Disposal Act (42 
U.S.C. 6945(d)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (B)— 
(i) in the matter preceding clause (i), 
by striking ‘‘after public notice and an op-
portunity for public comment’’ and insert-
ing ‘‘after public notice, an opportunity for 
public comment, and an opportunity for a 
public hearing’’; 
(ii) in clause (i), by striking ‘‘; or’’ 
and inserting ‘‘; and’’; and 
(iii) by amending clause (ii) to read as 
follows: 
‘‘(ii) the minimum requirements de-
scribed in paragraph (3).’’; 
(B) by amending subparagraph (C) to read 
as follows: 
‘‘(C) RETENTION OF STATE AUTHORITY.— 
No State or political subdivision may impose 
any requirement less stringent than the require-
ments for coal combustion residuals under part 
257 of title 40, Code of Federal Regulations (or 
successor regulations promulgated pursuant to 
sections 1008(a)(3) and 4004(a)). Nothing in 
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623 
this subsection shall be construed to prohibit 
any State or political subdivision thereof from 
imposing any requirements for coal combustion 
residuals that are more stringent than those im-
posed by such regulations.’’; 
(C) in subparagraph (D)— 
(i) in clause (i)(I), by striking ‘‘12’’ 
and inserting ‘‘5’’; 
(ii) in clause (ii)(II), by inserting 
‘‘clauses (i) and (ii) of’’ before ‘‘subpara-
graph (B)’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(iii) PERIOD
FOR
CORRECTION
OF 
DEFICIENCIES.—The Administrator shall 
include in a notice under clause (ii) a rea-
sonable period for the State to correct the 
deficiencies identified under such clause, 
which shall not exceed 120 days.’’; and 
(D) in subparagraph (E), by inserting ‘‘by 
the end of the period included in the notice 
under subparagraph (D)(iii)’’ after ‘‘identified 
by the Administrator under subparagraph 
(D)(ii)’’; 
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624 
(2) in paragraph (2)(B), by adding before the 
period at the end ‘‘and the minimum requirements 
described in paragraph (3)’’; 
(3) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) MINIMUM REQUIREMENTS.—In addition to 
requiring compliance with the applicable criteria for 
coal combustion residuals units under part 257 of 
title 40, Code of Federal Regulations (or successor 
regulations 
promulgated 
pursuant 
to 
sections 
1008(a)(3) and 4004(a)), a permit program or other 
system of prior approval and conditions approved or 
implemented by the Administrator under this sub-
section shall, at a minimum— 
‘‘(A) require meaningful (as defined in sec-
tion 601 of the CLEAN Future Act) public 
participation in the issuance and renewal of all 
permits or other prior approvals, including no-
tice, opportunity to comment, and public hear-
ings; 
‘‘(B) require financial assurance for all 
coal combustion residuals units sufficient to 
cover closure and corrective actions, with no al-
lowance for self-bonding; 
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625 
‘‘(C) prohibit the continued operation of 
unlined impoundments, which shall include all 
coal combustion residuals units that fail to meet 
the design criteria for new impoundments pur-
suant to part 257 of title 40, Code of Federal 
Regulations; 
‘‘(D) limit fugitive dust at coal combustion 
residuals units and during closure and correc-
tive action to no more than 35 micrograms per 
square meter, or another standard established 
by the Administrator that will protect human 
health, including the health of vulnerable or dis-
proportionately exposed subpopulations, and re-
quire air monitoring and public reporting to en-
sure such standard is met; 
‘‘(E) require permit or other prior approval 
terms that do not exceed 5 years; 
‘‘(F) require permits for closure and cor-
rective action, and deny any permit for closure 
that would allow coal combustion residuals to 
remain— 
‘‘(i) in contact with ground water; 
‘‘(ii) in a location that does not meet 
the requirements for new units under part 
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626 
257 of title 40, Code of Federal Regula-
tions; or 
‘‘(iii) in a unit that fails to meet the 
design criteria for new impoundments pur-
suant to part 257 of title 40, Code of Fed-
eral Regulations; 
‘‘(G) prohibit, as open dumping, the use of 
coal combustion residuals in unencapsulated 
uses; 
‘‘(H) require a permit or other prior ap-
proval for any coal combustion residuals unit 
that is located on the premises of a coal-burn-
ing electric generating facility and has not been 
closed pursuant to the criteria in part 257 of 
title 40, Code of Federal Regulations, without 
regard to when the unit ceased accepting coal 
combustion residuals; 
‘‘(I) require ground water monitoring 
methods that are sufficient to detect contami-
nants at levels defined in applicable ground 
water protection standards; 
‘‘(J) require ground water monitoring for 
all constituents listed in Appendix IV to part 
257 of title 40, Code of Federal Regulations, 
and boron and hexavalent chromium; 
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627 
‘‘(K) require corrective actions for all con-
tinuing releases at a coal combustion residuals 
unit with a permit or other prior approval 
under this subsection; and 
‘‘(L) require corrective action beyond facil-
ity boundaries, as needed to protect human 
health and the environment, including the 
health of vulnerable or disproportionately ex-
posed subpopulations.’’; 
(4) in paragraph (5), by adding before the pe-
riod at the end ‘‘and the minimum requirements de-
scribed in paragraph (3)’’; and 
(5) by adding at the end the following new 
paragraph: 
‘‘(8) REVISION
OF
REGULATIONS.—Not later 
than 2 years after the date of enactment of this 
paragraph, the Administrator shall finalize revisions 
to the criteria for coal combustion residuals units 
under part 257 of title 40, Code of Federal Regula-
tions, to include any other criteria necessary to pro-
tect human health and the environment, including 
the health of vulnerable or disproportionately ex-
posed subpopulations.’’. 
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628 
SEC. 623. SAFE HYDRATION IS AN AMERICAN RIGHT IN EN-
ERGY DEVELOPMENT. 
(a) IN GENERAL.—Section 1421(b)(1) of the Safe 
Drinking Water Act (42 U.S.C. 300h(b)(1)) is amended— 
(1) in subparagraph (C), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (D), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(E) shall prohibit the underground injection of 
fluids or propping agents pursuant to hydraulic frac-
turing operations related to oil, gas, or geothermal 
production activities unless the person proposing to 
conduct the hydraulic fracturing operations agrees 
to conduct testing and report data in accordance 
with section 1421A.’’. 
(b) TESTING
AND REPORTING REQUIREMENTS.— 
Part C of the Safe Drinking Water Act is amended by 
inserting after section 1421 of such Act (42 U.S.C. 300h) 
the following: 
‘‘SEC. 
1421A. 
TESTING 
OF 
UNDERGROUND 
DRINKING 
WATER SOURCES IN CONNECTION WITH HY-
DRAULIC FRACTURING OPERATIONS. 
‘‘(a) REQUIREMENTS.—Regulations under section 
1421(a) for State underground injection control programs 
shall, in connection with the underground injection of 
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629 
fluids or propping agents pursuant to hydraulic fracturing 
operations related to oil, gas, or geothermal production ac-
tivities, require any person conducting such operations— 
‘‘(1) to conduct testing of underground sources 
of drinking water in accordance with subsections (c) 
and (d)— 
‘‘(A) with respect to a site where, as of the 
date of enactment of this section, underground 
injection has not commenced for the first 
time— 
‘‘(i) prior to commencement of under-
ground injection at the site for the first 
time; 
‘‘(ii) at least once every 6 months dur-
ing the period beginning at the commence-
ment of underground injection described in 
clause (i) and ending at the cessation of 
such hydraulic fracturing operations; and 
‘‘(iii) at least once every 12 months 
during the 5-year period following the end 
of the period described in clause (ii); 
‘‘(B) with respect to a site where, as of the 
date of enactment of this section, there is no 
active underground injection, but underground 
injection has previously occurred at the site— 
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630 
‘‘(i) prior to renewing underground in-
jection at the site; 
‘‘(ii) at least once every 6 months dur-
ing the period beginning at such renewal of 
underground injection and ending at the 
cessation of such hydraulic fracturing oper-
ations; and 
‘‘(iii) at least once every 12 months 
during the 5-year period following the end 
of the period described in clause (ii); and 
‘‘(C) with respect to a site where, as of the 
date of enactment of this section, such hydrau-
lic fracturing operations are occurring— 
‘‘(i) at least once every 6 months dur-
ing the period beginning on the date of en-
actment of this section ending at the ces-
sation of such hydraulic fracturing oper-
ations; and 
‘‘(ii) at least once every 12 months 
during the 5-year period following the end 
of the period described in clause (i); and 
‘‘(2) to submit reports to the Administrator on 
the results of testing under subparagraph (A), (B), 
or (C) of paragraph (1) within 2 weeks of such test-
ing. 
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631 
‘‘(b) EXCEPTION.—The testing and reporting re-
quirements of subsection (a) do not apply with respect to 
hydraulic fracturing operations if there is no accessible un-
derground source of drinking water within a radius of one 
mile of the site where the operations occur. 
‘‘(c) SAMPLING LOCATIONS.—Testing required pur-
suant to subsection (a) shall occur— 
‘‘(1) at all accessible underground sources of 
drinking water within a radius of one-half mile of 
the site where the hydraulic fracturing operations 
occur; and 
‘‘(2) if there is no accessible underground 
source of drinking water within such radius, at the 
nearest accessible underground source of drinking 
water within a radius of one mile of such site. 
‘‘(d) TESTING.—Testing required pursuant to sub-
section (a) shall— 
‘‘(1) be conducted by one or more laboratories 
certified pursuant to the Environmental Protection 
Agency’s program for certifying laboratories for 
analysis of drinking water contaminants; and 
‘‘(2) include testing for any hazardous sub-
stance, pollutant, contaminant, or other factor that 
the Administrator determines would indicate damage 
associated with hydraulic fracturing operations. 
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