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siduals under this Act, defer to the States pur-
suant to this section. 
‘‘(B) IMMINENT HAZARD.—Nothing in this 
section shall be construed as affecting the au-
thority of the Administrator under section 7003 
with respect to coal combustion residuals. 
‘‘(C) ENFORCEMENT
ASSISTANCE
ONLY 
UPON REQUEST.—Upon request from the head 
of a lead State implementing agency, the Ad-
ministrator may provide to such State agency 
only the enforcement assistance requested. 
‘‘(D) CONCURRENT
ENFORCEMENT.—Ex-
cept as provided in subparagraph (C) of this 
paragraph and subsection (g), the Adminis-
trator shall not have concurrent enforcement 
authority when a State is implementing a coal 
combustion residuals permit program, including 
during any period of interim operation de-
scribed in subsection (c)(3)(D). 
‘‘(3) CITIZEN SUITS.—Nothing in this section 
shall be construed to affect the authority of a person 
to commence a civil action in accordance with sec-
tion 7002. 
‘‘(j) MINE RECLAMATION ACTIVITIES.—A coal com-
bustion residuals permit program implemented by the Ad-
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ministrator under subsection (e) shall not apply to the uti-
lization, placement, and storage of coal combustion residu-
als at surface or underground coal mining and reclamation 
operations. 
‘‘(k) USE OF COAL COMBUSTION RESIDUALS.—Use 
of coal combustion residuals in any of the following ways 
shall not be considered to be receipt of coal combustion 
residuals for the purposes of this section: 
‘‘(1) Use as— 
‘‘(A) engineered structural fill constructed 
in accordance with— 
‘‘(i) ASTM E2277 entitled ‘Standard 
Guide for Design and Construction of Coal 
Ash 
Structural 
Fills’, 
including 
any 
amendment or revision to that guidance; 
‘‘(ii) any other published national 
standard determined appropriate by the 
implementing agency; or 
‘‘(iii) a State standard or program re-
lating to— 
‘‘(I) fill operations for coal com-
bustion residuals; or 
‘‘(II) the management of coal 
combustion residuals for beneficial 
use; or 
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‘‘(B) engineered structural fill for— 
‘‘(i) a building site or foundation; 
‘‘(ii) a base or embankment for a 
bridge, roadway, runway, or railroad; or 
‘‘(iii) a dike, levee, berm, or dam that 
is not part of a structure. 
‘‘(2) Storage in a manner that is consistent 
with the management of raw materials, if the coal 
combustion residuals being stored are intended to be 
used in a product or as a raw material. 
‘‘(3) Beneficial use— 
‘‘(A) that provides a functional benefit; 
‘‘(B) that is a substitute for the use of a 
virgin material; 
‘‘(C) that meets relevant product specifica-
tions and regulatory or design standards; and 
‘‘(D) if such use involves placement on the 
land of coal combustion residuals in non-road-
way applications, in an amount equal to or 
greater than the amount described in the defini-
tion of beneficial use in section 257.53 of title 
40, Code of Federal Regulations, for which the 
person using the coal combustion residuals 
demonstrates, and keeps records showing, that 
such use does not result in environmental re-
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leases to groundwater, surface water, soil, or air 
that— 
‘‘(i) are greater than those from a 
material or product that would be used in-
stead of the coal combustion residuals; or 
‘‘(ii) exceed relevant regulatory and 
health-based benchmarks for human and 
ecological receptors. 
‘‘(l) EFFECT OF RULE.— 
‘‘(1) IN GENERAL.—With respect to the final 
rule entitled ‘Hazardous and Solid Waste Manage-
ment System; Disposal of Coal Combustion Residu-
als from Electric Utilities’ and published in the Fed-
eral Register on April 17, 2015 (80 Fed. Reg. 
21302)— 
‘‘(A) such rule shall be implemented only 
through a coal combustion residuals permit pro-
gram under this section; and 
‘‘(B) to the extent that any provision or re-
quirement of such rule conflicts, or is incon-
sistent, with a provision or requirement of this 
section, the provision or requirement of this 
section shall control. 
‘‘(2) EFFECTIVE DATE.—For purposes of this 
section, any reference in part 257 of title 40, Code 
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of Federal Regulations, to the effective date con-
tained in section 257.51 of such part shall be consid-
ered to be a reference to the date of enactment of 
this section, except that, in the case of any deadline 
established by such a reference that is in conflict 
with a deadline established by this section, the dead-
line established by this section shall control. 
‘‘(3) 
APPLICABILITY
OF
OTHER
REGULA-
TIONS.—The application of section 257.52 of title 
40, Code of Federal Regulations, is not affected by 
this section. 
‘‘(4) DEFINITIONS.—The definitions under sec-
tion 257.53 of title 40, Code of Federal Regulations, 
shall apply with respect to any criteria described in 
subsection (c) the requirements of which are incor-
porated into a coal combustion residuals permit pro-
gram under this section, except— 
‘‘(A) as provided in paragraph (1); and 
‘‘(B) a lead State implementing agency 
may make changes to such definitions if the 
lead State implementing agency— 
‘‘(i) identifies the changes in the ex-
planation included with the certification 
submitted under subsection (b)(2)(C)(iii); 
and 
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‘‘(ii) provides in such explanation a 
reasonable basis for the changes. 
‘‘(5) OTHER CRITERIA.—The criteria described 
in sections 257.106 and 257.107 of title 40, Code of 
Federal Regulations, may be incorporated into a coal 
combustion residuals permit program at the discre-
tion of the implementing agency. 
‘‘(m) DEFINITIONS.—In this section: 
‘‘(1) 
COAL
COMBUSTION
RESIDUALS.—The 
term ‘coal combustion residuals’ means the following 
wastes generated by electric utilities and inde-
pendent power producers: 
‘‘(A) The solid wastes listed in section 
3001(b)(3)(A)(i) that are generated primarily 
from the combustion of coal, including recover-
able materials from such wastes. 
‘‘(B) Coal combustion wastes that are co- 
managed with wastes produced in conjunction 
with the combustion of coal, provided that such 
wastes are not segregated and disposed of sepa-
rately from the coal combustion wastes and 
comprise a relatively small proportion of the 
total wastes being disposed in the structure. 
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‘‘(C) Fluidized bed combustion wastes that 
are generated primarily from the combustion of 
coal. 
‘‘(D) Wastes from the co-burning of coal 
with non-hazardous secondary materials, pro-
vided that coal makes up at least 50 percent of 
the total fuel burned. 
‘‘(E) Wastes from the co-burning of coal 
with materials described in subparagraph (A) 
that are recovered from monofills. 
‘‘(2) COAL
COMBUSTION
RESIDUALS
PERMIT 
PROGRAM.—The term ‘coal combustion residuals 
permit program’ means all of the authorities, activi-
ties, and procedures that comprise a system of prior 
approval and conditions implemented under this sec-
tion to regulate the management and disposal of coal 
combustion residuals. 
‘‘(3) ELECTRIC UTILITY; INDEPENDENT POWER 
PRODUCER.—The terms ‘electric utility’ and ‘inde-
pendent power producer’ include only electric utili-
ties and independent power producers that produce 
electricity on or after the date of enactment of this 
section. 
‘‘(4) EXISTING STRUCTURE.—The term ‘exist-
ing structure’ means a structure the construction of 
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which commenced before the date of enactment of 
this section. 
‘‘(5) IMPLEMENTING AGENCY.—The term ‘im-
plementing agency’ means the agency responsible for 
implementing a coal combustion residuals permit 
program, which shall either be the lead State imple-
menting 
agency 
identified 
under 
subsection 
(b)(2)(C)(i) or the Administrator pursuant to sub-
section (e). 
‘‘(6) INACTIVE COAL COMBUSTION RESIDUALS 
SURFACE IMPOUNDMENT.—The term ‘inactive coal 
combustion residuals surface impoundment’ means a 
surface impoundment, located at an electric utility 
or independent power producer, that, as of the date 
of enactment of this section— 
‘‘(A) does not receive coal combustion re-
siduals; 
‘‘(B) contains coal combustion residuals; 
and 
‘‘(C) contains liquid. 
‘‘(7) STRUCTURE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘structure’ means a 
landfill, surface impoundment, sand or gravel 
pit, or quarry that receives coal combustion re-
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siduals on or after the date of enactment of this 
section. 
‘‘(B) EXCEPTIONS.— 
‘‘(i) MUNICIPAL SOLID WASTE LAND-
FILLS.—The term ‘structure’ does not in-
clude a municipal solid waste landfill. 
‘‘(ii) 
DE
MINIMIS
RECEIPT.—The 
term ‘structure’ does not include any land-
fill or surface impoundment that receives 
only de minimis quantities of coal combus-
tion residuals if the presence of coal com-
bustion residuals is incidental to the mate-
rial managed in the landfill or surface im-
poundment. 
‘‘(8) UNLINED SURFACE IMPOUNDMENT.—The 
term ‘unlined surface impoundment’ means a sur-
face impoundment that does not have a liner system 
described in section 257.71 of title 40, Code of Fed-
eral Regulations.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents contained in section 1001 of the Solid Waste Dis-
posal Act is amended by inserting after the item relating 
to section 4010 the following: 
‘‘Sec. 4011. Management and disposal of coal combustion residuals.’’. 
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SEC. 3. 2000 REGULATORY DETERMINATION. 
Nothing in this Act, or the amendments made by this 
Act, shall be construed to alter in any manner the Envi-
ronmental Protection Agency’s regulatory determination 
entitled ‘‘Notice of Regulatory Determination on Wastes 
From the Combustion of Fossil Fuels’’, published at 65 
Fed. Reg. 32214 (May 22, 2000), that the fossil fuel com-
bustion wastes addressed in that determination do not 
warrant regulation under subtitle C of the Solid Waste 
Disposal Act (42 U.S.C. 6921 et seq.). 
SEC. 4. TECHNICAL ASSISTANCE. 
Nothing in this Act, or the amendments made by this 
Act, shall be construed to affect the authority of a State 
to request, or the Administrator of the Environmental 
Protection Agency to provide, technical assistance under 
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). 
SEC. 5. FEDERAL POWER ACT. 
Nothing in this Act, or the amendments made by this 
Act, shall be construed to affect the obligations of an 
owner or operator of a structure (as such term is defined 
in section 4011 of the Solid Waste Disposal Act, as added 
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by this Act) under section 215(b)(1) of the Federal Power 
Act (16 U.S.C. 824o(b)(1)). 
Passed the House of Representatives July 22, 2015. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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