ered by the rule irrespective of the States 
in which such entities are located; 
(iii) shall not issue any proposed or 
final rule under section 109 of the Clean 
Air Act (42 U.S.C. 7409) that relies upon 
scientific or technical data that have not 
been made available to the public; and 
(iv) shall not issue any proposed or 
final rule under section 109 of the Clean 
Air Act (42 U.S.C. 7409), unless the ac-
companying regulatory impact analysis, as 
required 
under 
Executive 
Order 
No. 
12866, is peer reviewed in a manner con-
sistent with the Office of Management and 
Budget’s ‘‘Final Information Quality Bul-
letin for Peer Review’’ and the third edi-
tion of the Environmental Protection 
Agency’s ‘‘Peer Review Handbook’’. 
(B) 
IMPLEMENTATION
SCHEDULE.—In 
promulgating any final rule described in sub-
paragraph (A)(i), the Administrator shall estab-
lish a date for State implementation of the 
standards established by such final rule that is 
not earlier than 3 years after the date of publi-
cation of such final rule.
(4) DEFINITION
OF
CLEAN
AIR
INTERSTATE 
RULE.—For purposes of this section, the term 
‘‘Clean Air Interstate Rule’’ means the Clean Air 
Interstate Rule and the rule establishing Federal 
Implementation Plans for the Clean Air Interstate 
Rule as promulgated and modified by the Adminis-
trator (70 Fed. Reg. 25162 (May 12, 2005), 71 
Fed. Reg. 25288 (April 28, 2006), 72 Fed. Reg. 
55657 (October 1, 2007), 72 Fed. Reg. 59190 (Oc-
tober 19, 2007), 72 Fed. Reg. 62338 (November 2, 
2007), 74 Fed. Reg. 56721 (November 3, 2009)). 
(b) STEAM GENERATING UNIT RULES.— 
(1) EARLIER RULES.—The proposed rule enti-
tled ‘‘National Emission Standards for Hazardous 
Air Pollutants From Coal- and Oil-Fired Electric 
Utility Steam Generating Units and Standards of 
Performance for Fossil-Fuel-Fired Electric Utility, 
Industrial-Commercial- Institutional, and Small In-
dustrial-Commercial-Institutional Steam Generating 
Units’’ published at 76 Fed. Reg. 24976 (May 3, 
2011), and any final rule that is based on such pro-
posed rule and is issued prior to the date of the en-
actment of this Act, shall be of no force and effect, 
and shall be treated as though such proposed or 
final rule had never been issued. In conducting anal-
yses under section 302(a), the Committee shall ana-
lyze the rule described in section 302(e)(1)(E) (in-
cluding any successor or substantially similar rule) 
as if the preceding sentence did not apply to such 
rule. 
(2) PROMULGATION
OF
FINAL
RULES.—In 
place of the rules described in paragraph (1), the 
Administrator shall— 
(A) issue regulations establishing national 
emission standards for coal-and oil-fired electric 
utility steam generating units under section 112 
of the Clean Air Act (42 U.S.C. 7412) with re-
spect to each hazardous air pollutant for which 
the Administrator finds such regulations are 
appropriate and necessary pursuant to sub-
section (n)(1)(A) of such section; 
(B) issue regulations establishing stand-
ards of performance for fossil-fuel-fired electric 
utility, industrial-commercial-institutional, and 
small industrial-commercial-institutional steam 
generating units under section 111 of the Clean 
Air Act (42 U.S.C. 111); and 
(C) issue the final regulations required by 
subparagraphs (A) and (B)—
(i) after issuing proposed regulations 
under such subparagraphs; 
(ii) after consideration of the final re-
port submitted under section 303(c); and 
(iii) not earlier than the date that is 
12 months after the date on which the 
Committee submits such report to the Con-
gress, or such later date as may be deter-
mined by the Administrator. 
(3) COMPLIANCE PROVISIONS.— 
(A) 
ESTABLISHMENT
OF
COMPLIANCE 
DATES.—In promulgating the regulations under 
paragraph (2), the Administrator— 
(i) shall establish a date for compli-
ance with the standards and requirements 
under such regulations that is not earlier 
than 5 years after the effective date of the 
regulations; and 
(ii) in establishing a date for such 
compliance, shall take into consideration— 
(I) the costs of achieving emis-
sions reductions; 
(II) any non-air quality health 
and environmental impact and energy
requirements of the standards and re-
quirements; 
(III) the feasibility of imple-
menting the standards and require-
ments, including the time needed to— 
(aa) obtain necessary permit 
approvals; and 
(bb) procure, install, and 
test control equipment; 
(IV) the availability of equip-
ment, suppliers, and labor, given the 
requirements of the regulations and 
other proposed or finalized regula-
tions; and 
(V) potential net employment im-
pacts. 
(B) NEW SOURCES.—With respect to the 
regulations promulgated pursuant to paragraph 
(2)— 
(i) the date on which the Adminis-
trator proposes a regulation pursuant to 
paragraph (2)(A) establishing an emission 
standard under section 112 of the Clean 
Air Act (42 U.S.C. 7412) shall be treated 
as the date on which the Administrator
first proposes such a regulation for pur-
poses of applying the definition of a new 
source under section 112(a)(4) of such Act 
(42 U.S.C. 7412(a)(4)); 
(ii) the date on which the Adminis-
trator proposes a regulation pursuant to 
paragraph (2)(B) establishing a standard 
of performance under section 111 of the 
Clean Air Act (42 U.S.C. 7411) shall be 
treated as the date on which the Adminis-
trator proposes such a regulation for pur-
poses of applying the definition of a new 
source under section 111(a)(2) of such Act 
(42 U.S.C. 7411(a)(2)); 
(iii) for purposes of any emission 
standard or limitation applicable to electric 
utility steam generating units, the term 
‘‘new source’’ means a stationary source 
for which a preconstruction permit or 
other preconstruction approval required 
under the Clean Air Act (42 U.S.C. 7401 
et seq.) has been issued after the effective 
date of such emissions standard or limita-
tion; and
(iv) for purposes of clause (iii), the 
date of issuance of a preconstruction per-
mit or other preconstruction approval is 
deemed to be the date on which such per-
mit or approval is issued to the applicant 
irrespective of any administrative or judi-
cial review occurring after such date. 
(C) RULE OF CONSTRUCTION.—Nothing in 
this subsection shall be construed to restrict or 
otherwise affect the provisions of paragraphs 
(3)(B) and (4) of section 112(i) of the Clean 
Air Act (42 U.S.C. 7412(i)). 
(4) OTHER PROVISIONS.— 
(A) 
ESTABLISHMENT
OF
STANDARDS 
ACHIEVABLE
IN
PRACTICE.—The regulations 
promulgated pursuant to paragraph (2)(A) of 
this section shall apply section 112(d)(3) of the 
Clean Air Act (42 U.S.C. 7412(d)(3)) in ac-
cordance with the following: 
(i) NEW SOURCES.—With respect to 
new sources: 
(I) The Administrator shall iden-
tify the best controlled similar source 
for each source category or sub-
category.
(II) The best controlled similar 
source for a category or subcategory 
shall be the single source that is de-
termined by the Administrator to be 
the best controlled, in the aggregate, 
for all of the hazardous air pollutants 
for which the Administrator intends 
to issue standards for such source cat-
egory or subcategory, under actual op-
erating conditions, taking into account 
the variability in actual source per-
formance, source design, fuels, con-
trols, ability to measure pollutant 
emissions, and operating conditions. 
(ii) EXISTING
SOURCES.—With re-
spect to existing sources: 
(I) The Administrator shall iden-
tify one group of sources that con-
stitutes the best performing 12 per-
cent of existing sources for each 
source category or subcategory. 
(II) The group constituting the 
best performing 12 percent of existing 
sources for a category or subcategory 
shall be the single group that is deter-
mined by the Administrator to be the 
best performing, in the aggregate, for 
all of the hazardous air pollutants for 
which the Administrator intends to 
issue standards for such source cat-
egory or subcategory, under actual op-
erating conditions, taking into account 
the variability in actual source per-
formance, source design, fuels, con-
trols, ability to measure pollutant 
emissions, and operating conditions. 
(B) REGULATORY
ALTERNATIVES.—For 
the regulations promulgated pursuant to para-
graph (2) of this section, from among the range 
of regulatory alternatives authorized under the 
Clean Air Act (42 U.S.C. 7401 et seq.), includ-
ing work practice standards under section 
112(h) of such Act (42 U.S.C. 7412(h)), the 
Administrator shall impose the least burden-
some, consistent with the purposes of such Act 
and Executive Order No. 13563 published at 76 
Fed. Reg. 3821 (January 21, 2011).
SEC. 305. CONSIDERATION OF FEASIBILITY AND COST IN 
ESTABLISHING 
NATIONAL 
AMBIENT 
AIR 
QUALITY STANDARDS. 
In establishing any national primary or secondary 
ambient air quality standard under section 109 of the 
Clean Air Act (42 U.S.C. 7409), the Administrator of the 
Environmental Protection Agency shall take into consider-
ation feasibility and cost. 
TITLE 
IV—MANAGEMENT 
AND 
DISPOSAL OF COAL COMBUS-
TION RESIDUALS 
SEC. 401. 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 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)(3)(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). 
‘‘(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; 
‘‘(III) public participation proc-
ess for the promulgation, amendment, 
or repeal of regulations for, and the 
issuance of permits under, such per-
mit program; and 
‘‘(IV) statutes, regulations, or 
policies pertaining to public access to 
information, such as groundwater 
monitoring data; 
‘‘(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); and 
‘‘(v) copies of State statutes and regu-
lations described in clause (iv). 
‘‘(C) UPDATES.—A State may update the 
certification as needed to reflect changes to the 
coal combustion residuals permit program. 
‘‘(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.— 
‘‘(A) IN GENERAL.—A coal combustion re-
siduals permit program shall apply the revised 
criteria described in paragraph (2) to owners or 
operators of structures, including surface im-
poundments, that receive coal combustion re-
siduals. 
‘‘(B) STRUCTURAL INTEGRITY.—
‘‘(i) ENGINEERING CERTIFICATION.— 
A coal combustion residuals permit pro-
gram shall require that an independent 
registered professional engineer certify 
that— 
‘‘(I) the design of structures is in 
accordance with recognized and gen-
erally accepted good engineering prac-
tices for containment of the maximum 
volume of coal combustion residuals 
and liquids appropriate for the struc-
ture; and 
‘‘(II) the construction and main-
tenance of the structure will ensure 
dam stability. 
‘‘(ii) INSPECTION.—A coal combustion 
residuals permit program shall require that 
structures that are surface impoundments 
be inspected not less than annually by an 
independent registered professional engi-
neer to assure that the design, operation, 
and maintenance of the surface impound-
ment is in accordance with recognized and 
generally accepted good engineering prac-
tices for containment of the maximum vol-
ume of coal combustion residuals and liq-
uids which can be impounded, so as to en-
sure dam stability. 
‘‘(iii) DEFICIENCY.— 
‘‘(I) IN GENERAL.—If the head 
of the agency responsible for imple-
menting the coal combustion residuals 
permit program determines that a 
structure is deficient with respect to 
the requirements in clauses (i) and 
(ii), the head of the agency has the 
authority to require action to correct 
the deficiency according to a schedule 
determined by the agency. 
‘‘(II) 
UNCORRECTED
DEFI-
CIENCIES.—If a deficiency is not cor-
rected according to the schedule, the 
head of the agency has the authority 
to require that the structure close in 
accordance with subsection (h). 
‘‘(C) LOCATION.—Each structure that first 
receives coal combustion residuals after the date 
of enactment of this section shall be constructed 
with a base located a minimum of 2 feet above 
the upper limit of the water table, unless it is
demonstrated to the satisfaction of the agency 
responsible for implementing the coal combus-
tion residuals permit program that— 
‘‘(i) the hydrogeologic characteristics 
of the structure and surrounding land 
would preclude such a requirement; and 
‘‘(ii) the function and integrity of the 
liner system will not be adversely impacted 
by contact with the water table. 
‘‘(D) WIND DISPERSAL.— 
‘‘(i) IN
GENERAL.—The agency re-
sponsible for implementing the coal com-
bustion residuals permit program shall re-
quire that owners or operators of struc-
tures address wind dispersal of dust by re-
quiring cover, or by wetting coal combus-
tion residuals with water to a moisture 
content that prevents wind dispersal, facili-
tates compaction, and does not result in 
free liquids. 
‘‘(ii) ALTERNATIVE METHODS.—Sub-
ject to the review and approval by the 
agency, owners or operators of structures 
may propose alternative methods to ad-
dress wind dispersal of dust that will pro-
vide comparable or more effective control 
of dust. 
‘‘(E) PERMITS.—The agency responsible 
for implementing the coal combustion residuals 
permit program shall require that the owner or 
operator of each structure that receives coal 
combustion residuals after the date of enact-
ment of this section apply for and obtain a per-
mit incorporating the requirements of the coal 
combustion residuals permit program. 
‘‘(F) STATE NOTIFICATION AND GROUND-
WATER MONITORING.— 
‘‘(i) NOTIFICATION.—Not later than 
the date on which a State submits a cer-
tification under subsection (b)(2), the 
State shall notify owners or operators of 
structures within the State of— 
‘‘(I) the obligation to apply for 
and obtain a permit under subpara-
graph (E); and 
‘‘(II) the groundwater monitoring 
requirements applicable to structures 
under paragraph (2)(A)(ii). 
‘‘(ii) GROUNDWATER
MONITORING.— 
Not later than 1 year after the date on
which a State submits a certification under 
subsection (b)(2), the State shall require 
the owner or operator of each structure to 
comply with the groundwater monitoring 
requirements under paragraph (2)(A)(ii). 
‘‘(G) AGENCY
REQUIREMENTS.—Except 
for information described in section 1905 of 
title 18, United States Code, the agency respon-
sible for implementing the coal combustion re-
siduals permit program shall ensure that— 
‘‘(i) documents for permit determina-
tions are made available for public review 
and comment under the public participa-
tion 
process 
described 
in 
subsection 
(b)(2)(B)(iii)(III); 
‘‘(ii) final determinations on permit 
applications are made known to the public; 
and 
‘‘(iii) groundwater monitoring data 
collected under paragraph (2) is publicly 
available. 
‘‘(H) AGENCY AUTHORITY.— 
‘‘(i) IN
GENERAL.—The agency re-
sponsible for implementing the coal com-
bustion residuals permit program has the 
authority to— 
‘‘(I) obtain information necessary 
to determine whether the owner or op-
erator of a structure is in compliance 
with the coal combustion residuals 
permit program requirements of this 
section; 
‘‘(II) conduct or require moni-
toring and testing to ensure that 
structures are in compliance with the 
coal combustion residuals permit pro-
gram requirements of this section; 
and 
‘‘(III) enter, at reasonable times, 
any site or premise subject to the coal 
combustion residuals permit program 
for the purpose of inspecting struc-
tures and reviewing records relevant 
to the operation and maintenance of 
structures. 
‘‘(ii) MONITORING AND TESTING.—If 
monitoring or testing is conducted under 
clause (i)(II) by or for the agency respon-
sible for implementing the coal combustion
residuals permit program, the agency shall, 
if requested, provide to the owner or oper-
ator— 
‘‘(I) a written description of the 
monitoring or testing completed; 
‘‘(II) at the time of sampling, a 
portion of each sample equal in vol-
ume or weight to the portion retained 
by or for the agency; and 
‘‘(III) a copy of the results of 
any analysis of samples collected by or 
for the agency. 
‘‘(I) STATE AUTHORITY.—A State imple-
menting a coal combustion residuals permit 
program has the authority to— 
‘‘(i) inspect structures; and 
‘‘(ii) implement and enforce the coal 
combustion residuals permit program. 
‘‘(J) REQUIREMENTS
FOR
SURFACE
IM-
POUNDMENTS
THAT
DO
NOT
MEET
CERTAIN 
CRITERIA.— 
‘‘(i) IN GENERAL.—In addition to the 
groundwater monitoring and corrective ac-
tion requirements described in paragraph 
(2)(A)(ii), a coal combustion residuals per-
mit program shall require a surface im-
poundment that receives coal combustion 
residuals after the date of enactment of 
this section to— 
‘‘(I) comply with the require-
ments in clause (ii)(I)(aa) and sub-
clauses (II) through (IV) of clause (ii) 
if the surface impoundment— 
‘‘(aa) does not— 
‘‘(AA) have a liner sys-
tem described in section 
258.40(b) of title 40, Code 
of Federal Regulations; and 
‘‘(BB) meet the design 
criteria described in section 
258.40(a)(1) of title 40, 
Code of Federal Regula-
tions; and 
‘‘(bb) within 10 years after 
the date of enactment of this sec-
tion, is required under section 
258.56(a) of title 40, Code of 
Federal Regulations, to undergo 
an assessment of corrective meas-
ures for any constituent identi-
fied in paragraph (2)(A)(ii) for 
which assessment groundwater 
monitoring is required; and 
‘‘(II) comply with the require-
ments in clause (ii)(I)(bb) and sub-
clauses (II) through (IV) of clause (ii) 
if the surface impoundment— 
‘‘(aa) does not— 
‘‘(AA) have a liner sys-
tem described in section 
258.40(b) of title 40, Code 
of Federal Regulations; and 
‘‘(BB) meet the design 
criteria described in section 
258.40(a)(1) of title 40, 
Code of Federal Regula-
tions; and 
‘‘(bb) as of the date of en-
actment of this section, is subject 
to a State corrective action re-
quirement. 
‘‘(ii) REQUIREMENTS.— 
‘‘(I) DEADLINES.— 
‘‘(aa) IN GENERAL.—Except 
as provided in item (bb), sub-
clause (IV), and clause (iii), the 
groundwater protection standard 
for structures identified in clause 
(i)(I) established by the agency 
responsible for implementing the 
coal combustion residuals permit 
program under section 258.55(h) 
or 258.55(i) of title 40, Code of 
Federal Regulations, for any con-
stituent 
for 
which 
corrective 
measures are required shall be 
met— 
‘‘(AA) as soon as prac-
ticable at the relevant point 
of compliance, as described 
in section 258.40(d) of title 
40, Code of Federal Regula-
tions; and 
‘‘(BB) not later than 
10 years after the date of 
enactment of this section. 
‘‘(bb) IMPOUNDMENTS SUB-
JECT TO STATE CORRECTIVE AC-
TION
REQUIREMENTS.—Except 
as provided in subclause (IV), the
groundwater protection standard 
for structures identified in clause 
(i)(II) established by the agency 
responsible for implementing the 
coal combustion residuals permit 
program under section 258.55(h) 
or 258.55(i) of title 40, Code of 
Federal Regulations, for any con-
stituent 
for 
which 
corrective 
measures are required shall be 
met— 
‘‘(AA) as soon as prac-
ticable at the relevant point 
of compliance, as described 
in section 258.40(d) of title 
40, Code of Federal Regula-
tions; and 
‘‘(BB) not later than 8 
years after the date of en-
actment of this section. 
‘‘(II) CLOSURE.—If the deadlines 
under clause (I) are not satisfied, the 
structure shall cease receiving coal 
combustion residuals and initiate clo-
sure under subsection (h).
‘‘(III) INTERIM MEASURES.— 
‘‘(aa) IN GENERAL.—Except 
as provided in item (bb), not 
later than 90 days after the date 
on which the assessment of cor-
rective measures is initiated, the 
owner or operator shall imple-
ment interim measures, as nec-
essary, under the factors in sec-
tion 258.58(a)(3) of title 40, 
Code of Federal Regulations. 
‘‘(bb) IMPOUNDMENTS SUB-
JECT TO STATE CORRECTIVE AC-
TION REQUIREMENTS.—Item (aa) 
shall only apply to surface im-
poundments subject to a State 
corrective action requirement as 
of the date of enactment of this 
section if the owner or operator 
has not implemented interim 
measures, as necessary, under 
the 
factors 
in 
section 
258.58(a)(3) of title 40, Code of 
Federal Regulations.
‘‘(IV) EXTENSION
OF
DEAD-
LINE.— 
‘‘(aa) IN GENERAL.—Except 
as provided in item (bb), the 
deadline for meeting a ground-
water protection standard under 
subclause (I) may be extended by 
the agency responsible for imple-
menting the coal combustion re-
siduals permit program, after op-
portunity for public notice and 
comment under the public par-
ticipation process described in 
subsection 
(b)(2)(B)(iii)(III), 
based on— 
‘‘(AA) the effectiveness 
of any interim measures im-
plemented by the owner or 
operator of the facility under 
section 258.58(a)(3) of title 
40, Code of Federal Regula-
tions; 
‘‘(BB) 
the 
level 
of 
progress 
demonstrated 
in
meeting 
the 
groundwater 
protection standard; 
‘‘(CC) the potential for 
other adverse human health 
or environmental exposures 
attributable to the contami-
nation from the surface im-
poundment undergoing cor-
rective action; and 
‘‘(DD) the lack of avail-
able alternative management 
capacity for the coal com-
bustion residuals and related 
materials managed in the 
impoundment at the facility 
at which the impoundment 
is located if the owner or op-
erator has used best efforts, 
as necessary, to design, ob-
tain any necessary permits, 
finance, 
construct, 
and 
render operational the alter-
native management capacity 
during the time period for 
meeting a groundwater pro-
tection standard in sub-
clause (I). 
‘‘(bb) 
EXCEPTION.—The 
deadlines under subclause (I) 
shall not be extended if there has 
been contamination of public or 
private drinking water systems 
attributable to a surface im-
poundment undergoing corrective 
action, unless the contamination 
has been addressed by providing 
a permanent replacement water 
system. 
‘‘(iii) SUBSEQUENT CLOSURE.— 
‘‘(I) IN
GENERAL.—In addition 
to the groundwater monitoring and 
corrective action requirements de-
scribed in paragraph (2)(A)(ii), a coal 
combustion residuals permit program 
shall require a surface impoundment 
that receives coal combustion residu-
als after the date of enactment of this 
section to comply with the require-
ments in subclause (II) if the surface 
impoundment—
‘‘(aa) does not— 
‘‘(AA) have a liner sys-
tem described in section 
258.40(b) of title 40, Code 
of Federal Regulations; and 
‘‘(BB) meet the design 
criteria described in section 
258.40(a)(1) of title 40, 
Code of Federal Regula-
tions; 
‘‘(bb) more than 10 years 
after the date of enactment of 
this section, is required under 
section 258.56(a) of title 40, 
Code of Federal Regulations, to 
undergo an assessment of correc-
tive measures for any constituent 
identified in paragraph (2)(A)(ii) 
for which assessment ground-
water monitoring is required; and 
‘‘(cc) is not subject to the 
requirements in clause (ii). 
‘‘(II) REQUIREMENTS.— 
‘‘(aa) CLOSURE.—The struc-
tures identified in subclause (I)
shall cease receiving coal combus-
tion residuals and initiate closure 
in accordance with subsection (h) 
after alternative management ca-
pacity for the coal combustion re-
siduals and related materials 
managed in the impoundment at 
the facility is available. 
‘‘(bb) BEST EFFORTS.—The 
alternative management capacity 
shall be developed as soon as 
practicable with the owner or op-
erator using best efforts to de-
sign, obtain necessary permits, fi-
nance, construct, and render 
operational the alternative man-
agement capacity. 
‘‘(cc) ALTERNATIVE
MAN-
AGEMENT CAPACITY PLAN.—The 
owner or operator shall, in col-
laboration with the agency re-
sponsible for implementing the 
coal combustion residuals permit 
program, prepare a written plan 
that describes the steps necessary
to develop the alternative man-
agement capacity and includes a 
schedule for completion. 
‘‘(dd) PUBLIC
PARTICIPA-
TION.—The plan described in 
item (cc) shall be subject to pub-
lic notice and comment under the 
public participation process de-
scribed 
in 
subsection 
(b)(2)(B)(iii)(III). 
‘‘(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, except 
that the leachate collection system require-
ments described in section 258.40(a)(2) of
title 40, Code of Federal Regulations do 
not apply to structures that are surface 
impoundments; 
‘‘(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, 
the 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, 
establishing 
a 
groundwater protection standard, and 
assessment of corrective measures, the 
constituents aluminum, boron, chlo-
ride, fluoride, iron, manganese, molyb-
denum, pH, sulfate, and total dis-
solved solids;
‘‘(iii) for all structures that receive 
coal combustion residuals after the date of 
enactment of this section, in a manner 
consistent with subsection (h), the revised 
criteria for closure described in subsections 
(a) through (c) and (h) through (j) of sec-
tion 258.60 of title 40, Code of Federal 
Regulations; and 
‘‘(iv) for all structures that receive 
coal combustion residuals after the date of 
enactment of this section, the revised cri-
teria for post-closure care described in sec-
tion 258.61 of title 40, Code of Federal 
Regulations, except for the requirement de-
scribed in subsection (a)(4) of that section; 
‘‘(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. 
‘‘(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);
‘‘(D) is not implementing a coal combus-
tion residuals permit program that— 
‘‘(i) meets the specifications described 
in subsection (c); or 
‘‘(ii)(I) is consistent with the certifi-
cation under subsection (b)(2)(B)(iii); and 
‘‘(II) maintains fully effective 
statutes or regulations necessary to 
implement a coal combustion residuals 
permit program; or 
‘‘(E) does not make available to the Ad-
ministrator, within 90 days of a written re-
quest, specific information necessary for the 
Administrator to ascertain whether the State 
has complied with subparagraphs (A) through 
(D). 
‘‘(2) REQUEST.—If the request described in 
paragraph (1)(E) is made pursuant to a petition of 
the Administrator, the Administrator shall only 
make the request if the Administrator does not pos-
sess the information necessary to ascertain whether 
the State has complied with subparagraphs (A) 
through (D) of paragraph (1).
‘‘(3) 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); 
‘‘(iv) the State coal combustion re-
siduals permit program in meeting the 
specifications described in subsection (c); 
and 
‘‘(v) compliance by the State with the 
request under paragraph (1)(E); and 
‘‘(B) identify, in collaboration with the 
State, a reasonable deadline, by which the State 
shall remedy the deficiencies detailed under 
subparagraph (A), which shall be—
‘‘(i) in the case of a deficiency de-
scribed in clauses (i) through (iv) of sub-
paragraph (A), not earlier than 180 days 
after the date on which the State receives 
the notice; and 
‘‘(ii) in the case of a deficiency de-
scribed in subparagraph (A)(v), not later 
than 90 days after the date on which the 
State receives the notice. 
‘‘(e) IMPLEMENTATION BY ADMINISTRATOR.— 
‘‘(1) IN
GENERAL.—The Administrator shall 
implement a coal combustion residuals permit pro-
gram for a State only if— 
‘‘(A) the Governor of the State notifies the 
Administrator under subsection (b)(1) that the 
State will not adopt and implement a permit 
program; 
‘‘(B) the State has received a notice under 
subsection (d) and the Administrator deter-
mines, after providing a 30-day period for no-
tice and public comment, that the State has 
failed, by the deadline identified in the notice 
under subsection (d)(3)(B), to remedy the defi-
ciencies detailed in the notice under subsection 
(d)(3)(A); or
‘‘(C) the State informs the Administrator, 
in writing, that such State will no longer imple-
ment such a permit program. 
‘‘(2) REVIEW.—A State may obtain a review of 
a determination by the Administrator under this 
subsection as if the determination was a final regu-
lation for purposes of section 7006. 
‘‘(3) OTHER STRUCTURES.—For structures lo-
cated on property within the exterior boundaries of 
a State for which the State does not have authority 
or jurisdiction to regulate, the Administrator shall 
implement a coal combustion residuals permit pro-
gram only for those structures. 
‘‘(4) REQUIREMENTS.—If the Administrator 
implements a coal combustion residuals permit pro-
gram for a State under paragraph (1) or (3), the 
permit program shall consist of the specifications de-
scribed in subsection (c). 
‘‘(5) ENFORCEMENT.— 
‘‘(A) IN GENERAL.—If the Administrator 
implements a coal combustion residuals permit 
program for a State under paragraph (1)— 
‘‘(i) the authorities referred to in sec-
tion 4005(c)(2)(A) shall apply with respect 
to coal combustion residuals and structures
for which the Administrator is imple-
menting the coal combustion residuals per-
mit program; and 
‘‘(ii) the Administrator may use those 
authorities to inspect, gather information, 
and enforce the requirements of this sec-
tion in the State. 
‘‘(B) OTHER STRUCTURES.—If the Admin-
istrator implements a coal combustion residuals 
permit program for a State under paragraph 
(3)— 
‘‘(i) the authorities referred to in sec-
tion 4005(c)(2)(A) shall apply with respect 
to coal combustion residuals and structures 
for which the Administrator is imple-
menting the coal combustion residuals per-
mit program; and 
‘‘(ii) the Administrator may use those 
authorities to inspect, gather information, 
and enforce the requirements of this sec-
tion for the structures for which the Ad-
ministrator is implementing the coal com-
bustion residuals permit program. 
‘‘(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, after pro-
viding a 30-day period for notice and 
public comment that the State coal 
combustion residuals permit program 
meets the specifications described in 
subsection (c); 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 only the deficiencies 
detailed in the notice provided under sub-
section (d)(3)(A); and 
‘‘(ii) receiving from the Adminis-
trator— 
‘‘(I) a determination, after pro-
viding a 30-day period for notice and 
public comment, that the deficiencies 
detailed in such notice have been rem-
edied; 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, after pro-
viding a 30-day period for notice and 
public comment, that the State coal 
combustion residuals permit program 
meets the specifications described in 
subsection (c); 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 
‘‘(ii) the Administrator takes control 
of a coal combustion residuals permit pro-
gram from a State under subsection (e). 
‘‘(B) CHANGE
IN
REQUIREMENTS.—Sub-
paragraph (A) shall apply to such actions and 
orders until such time as the Administrator or 
the head of the lead State agency responsible 
for implementing the coal combustion residuals 
permit program, as applicable—
‘‘(i) implements changes to the re-
quirements of the coal combustion residu-
als permit program with respect to the 
basis for the action or order; or 
‘‘(ii) certifies the completion of a cor-
rective action that is the subject of the ac-
tion or order. 
‘‘(4) SINGLE
PERMIT
PROGRAM.—If a State 
adopts and implements a coal combustion residuals 
permit program under this subsection, the Adminis-
trator shall cease to implement the permit program 
implemented under subsection (e)(1) for such State. 
‘‘(g) EFFECT ON DETERMINATION UNDER 4005(C) 
OR 3006.—The Administrator shall not consider the im-
plementation of a coal combustion residuals permit pro-
gram by the Administrator under subsection (e) in making 
a determination of approval for a permit program or other 
system of prior approval and conditions under section 
4005(c) or of authorization for a program under section 
3006. 
‘‘(h) CLOSURE.— 
‘‘(1) IN GENERAL.—If it is determined, pursu-
ant to a coal combustion residuals permit program, 
that a structure should close, the time period and 
method for the closure of such structure shall be set
forth in a closure plan that establishes a deadline for 
completion and that takes into account the nature 
and the site-specific characteristics of the structure 
to be closed. 
‘‘(2) SURFACE IMPOUNDMENT.—In the case of 
a surface impoundment, the closure plan under 
paragraph (1) shall require, at a minimum, the re-
moval of liquid and the stabilization of remaining 
waste, as necessary to support the final cover. 
‘‘(i) AUTHORITY.— 
‘‘(1) STATE AUTHORITY.—Nothing in this sec-
tion shall preclude or deny any right of any State to 
adopt or enforce any regulation or requirement re-
specting coal combustion residuals that is more 
stringent or broader in scope than a regulation or 
requirement under this section. 
‘‘(2) AUTHORITY OF THE ADMINISTRATOR.— 
‘‘(A) IN GENERAL.—Except as provided in 
subsections (d) and (e) and section 6005, the 
Administrator shall, with respect to the regula-
tion of coal combustion residuals, defer to the 
States pursuant to this section. 
‘‘(B) IMMINENT HAZARD.—Nothing in this 
section shall be construed as affecting the au-
permit program’ means all of the authorities, activi-
ties, and procedures that comprise the system of 
prior approval and conditions implemented by or for 
a State to regulate the management and disposal of 
coal combustion residuals. 
‘‘(3) CODE OF FEDERAL REGULATIONS.—The 
term ‘Code of Federal Regulations’ means the Code 
of Federal Regulations (as in effect on the date of 
enactment of this section) or any successor regula-
tions. 
‘‘(4) PERMIT; PRIOR
APPROVAL
AND
CONDI-
TIONS.—The terms ‘permit’ and ‘prior approval and 
conditions’ mean any authorization, license, or equiv-
alent control document that incorporates the re-
quirements and revised criteria described in para-
graphs (1) and (2) of subsection (c), respectively. 
‘‘(5) REVISED
CRITERIA.—The term ‘revised 
criteria’ means the criteria promulgated for munic-
ipal solid waste landfill units under section 4004(a) 
and under section 1008(a)(3), as revised under sec-
tion 4010(c). 
‘‘(6) STRUCTURE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘structure’ means a 
landfill, surface impoundment, or other land-
based unit which may receive coal combustion 
residuals. 
‘‘(B) DE
MINIMIS
RECEIPT.—The term 
‘structure’ does not include any land-based unit 
that receives only de minimis quantities of coal 
combustion residuals if the presence of coal 
combustion residuals is incidental to the mate-
rial managed in the unit.’’. 
(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.’’. 
SEC. 402. 2000 REGULATORY DETERMINATION. 
Nothing in this title, or the amendments made by this 
title, 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. 403. TECHNICAL ASSISTANCE. 
Nothing in this title, or the amendments made by this 
title, 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. 404. FEDERAL POWER ACT. 
Nothing in this title, or the amendments made by this 
title, shall be construed to affect the obligations of the 
owner or operator of a structure (as defined in section 
4011 of the Solid Waste Disposal Act, as added by this 
title) under section 215(b)(1) of the Federal Power Act 
(16 U.S.C. 824o(b)(1)). 
TITLE 
V—PRESERVING 
STATE 
AUTHORITY TO MAKE DETER-
MINATIONS 
RELATING 
TO 
WATER QUALITY STANDARDS 
SEC. 501. STATE WATER QUALITY STANDARDS. 
(a) STATE WATER QUALITY STANDARDS.—Section 
303(c)(4) of the Federal Water Pollution Control Act (33 
U.S.C. 1313(c)(4)) is amended— 
(1) by redesignating subparagraphs (A) and 
(B) as clauses (i) and (ii), respectively; 
(2) by striking ‘‘(4)’’ and inserting ‘‘(4)(A)’’; 
(3) by striking ‘‘The Administrator shall pro-
mulgate’’ and inserting the following: 
‘‘(B) The Administrator shall promulgate’’; and 
(4) by adding at the end the following:
‘‘(C) Notwithstanding subparagraph (A)(ii), the Ad-
ministrator may not promulgate a revised or new standard 
for a pollutant in any case in which the State has sub-
mitted to the Administrator and the Administrator has ap-
proved a water quality standard for that pollutant, unless 
the State concurs with the Administrator’s determination 
that the revised or new standard is necessary to meet the 
requirements of this Act.’’. 
(b) FEDERAL LICENSES
AND PERMITS.—Section 
401(a) of such Act (33 U.S.C. 1341(a)) is amended by 
adding at the end the following: 
‘‘(7) With respect to any discharge, if a State or 
interstate agency having jurisdiction over the navigable 
waters at the point where the discharge originates or will 
originate determines under paragraph (1) that the dis-
charge will comply with the applicable provisions of sec-
tions 301, 302, 303, 306, and 307, the Administrator may 
not take any action to supersede the determination.’’. 
(c) STATE NPDES PERMIT PROGRAMS.—Section 
402(c) of such Act (42 U.S.C. 1342(c)) is amended by 
adding at the end the following: 
‘‘(5) LIMITATION ON AUTHORITY OF ADMINIS-
TRATOR TO WITHDRAW APPROVAL OF STATE PRO-
GRAMS.—The Administrator may not withdraw ap-
proval of a State program under paragraph (3) or
(4), or limit Federal financial assistance for the 
State program, on the basis that the Administrator 
disagrees with the State regarding— 
‘‘(A) the implementation of any water 
quality standard that has been adopted by the 
State and approved by the Administrator under 
section 303(c); or 
‘‘(B) the implementation of any Federal 
guidance that directs the interpretation of the 
State’s water quality standards.’’. 
(d) LIMITATION ON AUTHORITY OF ADMINISTRATOR 
TO OBJECT TO INDIVIDUAL PERMITS.—Section 402(d) of 
such Act (33 U.S.C. 1342(d)) is amended by adding at 
the end the following: 
‘‘(5) The Administrator may not object under para-
graph (2) to the issuance of a permit by a State on the 
basis of— 
‘‘(A) the Administrator’s interpretation of a 
water quality standard that has been adopted by the 
State and approved by the Administrator under sec-
tion 303(c); or 
‘‘(B) the implementation of any Federal guid-
ance that directs the interpretation of the State’s 
water quality standards.’’.
SEC. 502. PERMITS FOR DREDGED OR FILL MATERIAL. 
(a) AUTHORITY OF EPA ADMINISTRATOR.—Section 
404(c) of the Federal Water Pollution Control Act (33 
U.S.C. 1344(c)) is amended— 
(1) by striking ‘‘(c)’’ and inserting ‘‘(c)(1)’’; 
and 
(2) by adding at the end the following: 
‘‘(2) Paragraph (1) shall not apply to any permit if 
the State in which the discharge originates or will origi-
nate does not concur with the Administrator’s determina-
tion that the discharge will result in an unacceptable ad-
verse effect as described in paragraph (1). 
‘‘(3) Following the date of issuance of a permit by 
the Secretary in accordance with this section, the Adminis-
trator may not take any action under paragraph (1) to 
retroactively invalidate the permit.’’. 
(b) STATE PERMIT PROGRAMS.—The first sentence 
of section 404(g)(1) of such Act (33 U.S.C. 1344(g)(1)) 
is amended by striking ‘‘The Governor of any State desir-
ing to administer its own individual and general permit 
program for the discharge’’ and inserting ‘‘The Governor 
of any State desiring to administer its own individual and 
general permit program for some or all of the discharges’’. 
SEC. 503. DEADLINES FOR AGENCY COMMENTS. 
Section 404 of the Federal Water Pollution Control 
Act (33 U.S.C. 1344) is amended—
(1) in subsection (m) by striking ‘‘ninetieth 
day’’ and inserting ‘‘30th day (or the 60th day if ad-
ditional time is requested)’’; and 
(2) in subsection (q)— 
(A) by striking ‘‘(q)’’ and inserting 
‘‘(q)(1)’’; and 
(B) by adding at the end the following: 
‘‘(2) The Administrator and the head of a depart-
ment or agency referred to in paragraph (1) shall each 
submit any comments with respect to an application for 
a permit under subsection (a) or (e) not later than the 
30th day (or the 60th day if additional time is requested) 
after the date of receipt of an application for a permit 
under that subsection.’’. 
SEC. 504. APPLICABILITY OF AMENDMENTS. 
The amendments made by this title shall apply to ac-
tions taken on or after the date of enactment of this Act, 
including actions taken with respect to permit applications 
that are pending or revised or new standards that are 
being promulgated as of such date of enactment. 
SEC. 505. REPORTING ON HARMFUL POLLUTANTS. 
Not later than 1 year after the date of enactment 
of this Act, and annually thereafter, the Administrator of 
the Environmental Protection Agency shall submit to Con-
gress a report on any increase or reduction in waterborne
pathogenic microorganisms (including protozoa, viruses, 
bacteria, and parasites), toxic chemicals, or toxic metals 
(such as lead and mercury) in waters regulated by a State 
under the provisions of this title, including the amend-
ments made by this title. 
SEC. 506. PIPELINES CROSSING STREAMBEDS. 
None of the provisions of this title, including the 
amendments made by this title, shall be construed to limit 
the authority of the Administrator of the Environmental 
Protection Agency, as in effect on the day before the date 
of enactment of this Act, to regulate a pipeline that 
crosses a streambed. 
SEC. 507. IMPACTS OF EPA REGULATORY ACTIVITY ON EM-
PLOYMENT AND ECONOMIC ACTIVITY. 
(a) ANALYSIS OF IMPACTS OF ACTIONS ON EMPLOY-
MENT AND ECONOMIC ACTIVITY.— 
(1) ANALYSIS.—Before taking a covered action, 
the 
Administrator 
shall 
analyze 
the 
impact, 
disaggregated by State, of the covered action on em-
ployment levels and economic activity, including esti-
mated job losses and decreased economic activity. 
(2) ECONOMIC MODELS.— 
(A) IN GENERAL.—In carrying out para-
graph (1), the Administrator shall utilize the 
best available economic models.
(B) ANNUAL
GAO
REPORT.—Not later 
than December 31st of each year, the Comp-
troller General of the United States shall sub-
mit to Congress a report on the economic mod-
els used by the Administrator to carry out this 
subsection. 
(3) AVAILABILITY OF INFORMATION.—With re-
spect to any covered action, the Administrator 
shall— 
(A) post the analysis under paragraph (1) 
as a link on the main page of the public Inter-
net Web site of the Environmental Protection 
Agency; and 
(B) request that the Governor of any State 
experiencing more than a de minimis negative 
impact post such analysis in the Capitol of such 
State. 
(b) PUBLIC HEARINGS.— 
(1) IN
GENERAL.—If the Administrator con-
cludes under subsection (a)(1) that a covered action 
will have more than a de minimis negative impact on 
employment levels or economic activity in a State, 
the Administrator shall hold a public hearing in each 
such State at least 30 days prior to the effective 
date of the covered action.
(2) TIME, LOCATION, AND SELECTION.—A pub-
lic hearing required under paragraph (1) shall be 
held at a convenient time and location for impacted 
residents. In selecting a location for such a public 
hearing, the Administrator shall give priority to loca-
tions in the State that will experience the greatest 
number of job losses. 
(c) NOTIFICATION.—If the Administrator concludes 
under subsection (a)(1) that a covered action will have 
more than a de minimis negative impact on employment 
levels or economic activity in any State, the Administrator 
shall give notice of such impact to the State’s Congres-
sional delegation, Governor, and Legislature at least 45 
days before the effective date of the covered action. 
(d) DEFINITIONS.—In this section, the following defi-
nitions apply: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) COVERED ACTION.—The term ‘‘covered ac-
tion’’ means any of the following actions taken by 
the Administrator under the Federal Water Pollu-
tion Control Act (33 U.S.C. 1201 et seq.):
(A) Issuing a regulation, policy statement, 
guidance, response to a petition, or other re-
quirement. 
(B) Implementing a new or substantially 
altered program. 
(3) MORE THAN A DE MINIMIS NEGATIVE IM-
PACT.—The term ‘‘more than a de minimis negative 
impact’’ means the following: 
(A) With respect to employment levels, a 
loss of more than 100 jobs. Any offsetting job 
gains that result from the hypothetical creation 
of new jobs through new technologies or govern-
ment employment may not be used in the job 
loss calculation. 
(B) With respect to economic activity, a 
decrease in economic activity of more than 
$1,000,000 over any calendar year. Any offset-
ting economic activity that results from the hy-
pothetical creation of new economic activity 
through new technologies or government em-
ployment may not be used in the economic ac-
tivity calculation.
TITLE VI—REGIONAL HAZE 
REGULATORY RELIEF 
SEC. 601. IMPLEMENTATION PLANS. 
Section 110 of the Clean Air Act (42 U.S.C. 7410) 
is amended— 
(1) in subsection (c), by striking ‘‘(c)(1) The 
Administrator’’ and all that follows through the end 
of paragraph (1) and inserting the following: 
‘‘(c) FEDERAL PLANS.— 
‘‘(1) PLANS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (C), unless the conditions de-
scribed in subparagraph (B) are met, the Ad-
ministrator shall promulgate a Federal imple-
mentation plan at any time after the date that 
is 2 years after the date on which the Adminis-
trator— 
‘‘(i) finds that a State has failed to 
make a required submission or finds that 
the plan or plan revision submitted by the 
State does not satisfy the minimum cri-
teria 
established 
under 
subsection 
(k)(1)(A); or 
‘‘(ii) disapproves a State implementa-
tion plan submission.
‘‘(B) CONDITIONS.—The conditions de-
scribed in this subparagraph are that, before 
the date on which the Administrator promul-
gates a Federal implementation plan— 
‘‘(i) a State corrects a deficiency in a 
State implementation plan or plan revision 
submitted by the State; and 
‘‘(ii) the Administrator approves the 
plan or plan revision. 
‘‘(C) VISIBILITY PROTECTION PLANS.—In 
the case of a Federal implementation plan pro-
mulgated after the date of enactment of this 
subparagraph in place of a State implementa-
tion plan under section 169A— 
‘‘(i) the Administrator shall promul-
gate such Federal implementation plan 
only if the Administrator makes a finding 
that the State submitting the State imple-
mentation plan failed to consider the fac-
tors described in paragraphs (1) and (2) of 
section 169A(g) in preparing and submit-
ting the plan; and 
‘‘(ii) compliance with the requirements 
of such Federal implementation plan shall
not be required earlier than 5 years after 
the date of promulgation.’’; and 
(2) in subsection (k)— 
(A) by striking paragraph (3) and insert-
ing the following: 
‘‘(3) FULL APPROVAL AND DISAPPROVAL.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraphs (B) and (C), in the case of any 
submission for which the Administrator is re-
quired to act under paragraph (2), the Admin-
istrator shall approve the submission as a whole 
if the submission meets all of the applicable re-
quirements of this Act. 
‘‘(B) REVIEW.—In reviewing any State im-
plementation plan submitted pursuant to sec-
tion 169A, the Administrator shall limit the re-
view only to a determination of whether the 
State submitting the State implementation plan 
considered the factors described in paragraphs 
(1) and (2) of section 169A(g) in preparing and 
submitting the plan. 
‘‘(C) VISIBILITY
PLANS.—The Adminis-
trator shall approve as a whole any implementa-
tion plan submitted pursuant to section 169A 
that was prepared and submitted after consid-
eration of the factors described in paragraphs 
(1) and (2) of section 169A(g).’’; and 
(B) in paragraph (5)— 
(i) in the first sentence, by striking 
‘‘Whenever’’ and inserting the following: 
‘‘(A) IN GENERAL.—Whenever’’; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(B) VISIBILITY PLANS.—Notwithstanding 
subparagraph (A), with respect to an implemen-
tation plan approved pursuant to section 169A, 
the Administrator shall only find that such a 
plan is substantially inadequate to meet stand-
ards for air pollutants that cause or contribute 
to the impairment of visibility, or any other ap-
plicable standard or requirement, under that 
section if the Administrator makes a finding 
that, in preparing the plan, the submitting 
State failed to consider the factors described in 
paragraphs (1) and (2) of section 169A(g). 
‘‘(C) EXISTING VISIBILITY PLANS.— 
‘‘(i) REQUEST FOR REVOCATION.—At 
any time after the date of enactment of 
this subparagraph—
‘‘(I) a State may request that the 
existing Federal or State implementa-
tion plan for the State regarding visi-
bility, or any determination made in 
calendar year 2012 or 2013 of best 
available retrofit technology pursuant 
to section 169A, be revoked; and 
‘‘(II) upon receipt of such a re-
quest, the Administrator shall revoke 
the implementation plan. 
‘‘(ii) SUBMISSION
OF
NEW
OR
RE-
VISED
PLAN.—Upon a revocation under 
clause (i)(II), the State that requested the 
revocation shall, not later than 2 years 
after such revocation, submit to the Ad-
ministrator a new or revised visibility plan 
in accordance with this Act.’’. 
SEC. 602. VISIBILITY PROTECTION FOR FEDERAL CLASS I 
AREAS. 
Section 169A of the Clean Air Act (42 U.S.C. 7491) 
is amended— 
(1) in subsection (b)(2), in the matter pre-
ceding subparagraph (A), by striking ‘‘as may be 
necessary’’ and inserting ‘‘as the State determines, 
at the sole discretion of the State after considering
factors described in this section and providing ade-
quate opportunity for public comment, may be nec-
essary’’; and 
(2) in subsection (g)— 
(A) by striking paragraph (1) and insert-
ing the following: 
‘‘(1)(A) in determining reasonable progress, 
there shall be taken into consideration— 
‘‘(i) the costs of compliance; 
‘‘(ii) the time necessary for compli-
ance; 
‘‘(iii) the energy and nonair quality 
environmental impacts of compliance; 
‘‘(iv) the remaining useful life of any 
existing source subject to requirements 
under this section; 
‘‘(v) the degree of improvement in vis-
ibility that may reasonably be anticipated 
to result from measures described in the 
applicable implementation plan; and 
‘‘(vi) the economic impacts to the 
State (including people of the State); 
‘‘(B) in consideration of costs of compli-
ance pursuant to subparagraph (A)(i), the 
State may use source-specific cost estimations
developed by a licensed professional engineer as 
an alternate to other methods of estimation ap-
proved by the Administrator; and 
‘‘(C) in consideration of the degree of im-
provement in visibility pursuant to subpara-
graph (A)(v), the State may use alternate mod-
eling techniques or methods than those pre-
scribed by the Administrator in the Agency’s 
‘Guideline on Air Quality Models’ under appen-
dix W to part 51 of title 40, Code of Federal 
Regulations, and, where available, measured 
emissions and monitoring data shall be used;’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘(2) in determining 
best 
available 
retrofit 
technology 
the 
State’’ and inserting the following: 
‘‘(2) in determining the best available retrofit 
technology— 
‘‘(A) the State’’; 
(ii) in subparagraph (A) (as des-
ignated by clause (i)), by inserting ‘‘the 
economic impacts to the State (including 
people of the State),’’ after ‘‘life of the 
source,’’;
ment in visibility in any other such area; 
and 
‘‘(iii) the Administrator (in any case 
in which the Administrator has authority 
to determine emission limitations which re-
flect such technology) may not consider the 
degree of improvement in visibility in any 
area other than the mandatory class I Fed-
eral area that is most affected by emis-
sions from the source; and 
‘‘(D) the determination of best available 
retrofit technology by the State for any source 
shall be subject to review by the Administrator, 
an administrative entity, or a Federal or State 
court only pursuant to a clearly erroneous 
standard of review;’’; and 
(C) in paragraph (4), by striking ‘‘(or the 
date of promulgation of such a plan revision in 
the case of action by the Administrator under 
section 110(c) for purposes of this section)’’.
TITLE VII—NO REGIONAL HAZE 
REGULATION ON THE COAL- 
POWERED 
NAVAJO 
GENER-
ATING STATION 
SEC. 701. LIMITATION ON AUTHORITY TO ISSUE REGULA-
TIONS. 
The Administrator of the Environmental Protection 
Agency shall not promulgate any Federal implementation 
plan pursuant to section 169A or 169B of the Clean Air 
Act (42 U.S.C. 7491, 7492; relating to visibility protec-
tion) that would— 
(1) adversely impact employment at the coal- 
powered Navajo Generating Station or other coal- 
fired power plants and coal mines on tribal lands in 
northern Arizona; 
(2) directly or indirectly diminish the revenue 
received by the Federal Government or any State, 
tribal or local government by reducing through regu-
lation the amount of coal that is available for mining 
on Navajo and Hopi Reservation lands; 
(3) cause a reduction in coal-based revenue to 
meet financial obligations required by federally au-
thorized Indian water rights settlements, pursuant 
to section 403(f) of the Colorado River Basin 
Project Act (43 U.S.C. 1543(f)):
(4) reduce the amount of coal, or increase the 
cost of coal, available for the Navajo Generating 
Station’s Federal responsibility to deliver water and 
power, as authorized by the Colorado River Basin 
Project Act (43 U.S.C. 1501 et seq.); or 
(5) expose the United States to liability for tak-
ing the value of tribally-owned coal in northern Ari-
zona through regulation. 
Passed the House of Representatives September 21, 
2012. 
Attest: 
Clerk.
112TH CONGRESS 
2D SESSION 
H. R. 3409 
AN ACT 
To limit the authority of the Secretary of the Inte-
rior to issue regulations before December 31, 
2013, under the Surface Mining Control and 
Reclamation Act of 1977.