‘‘(D) Constituents for detection monitoring 
shall include boron, chloride, conductivity, fluo-
ride, pH, sulphate, sulfide, and total dissolved 
solids. 
‘‘(E) If a structure that is classified as pos-
ing a high hazard potential pursuant to the 
guidelines published by the Federal Emergency 
Management Agency entitled ‘Federal Guidelines 
for Dam Safety: Hazard Potential Classification 
System for Dams’ (FEMA Publication Number 
333) is determined by the head of the agency re-
sponsible for implementing the coal combustion 
residuals permit program to be deficient with re-
spect to the structural integrity requirement in 
subparagraph (B), the head of such agency has 
authority to require action to correct the defi-
ciency. If the identified deficiency is not cor-
rected, the head of such agency has authority to 
require that the structure close in accordance 
with subsection (h). 
‘‘(F) New structures that first receive coal 
combustion residuals after the date of enactment 
of this section shall be constructed with a base lo-
cated a minimum of two feet above the upper 
limit of the natural water table. 
VerDate Mar 15 2010 
21:07 Sep 26, 2011
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H2273.RH
H2273
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(G) In the case of a coal combustion re-
siduals permit program implemented by a State, 
the State has the authority to inspect structures 
and implement and enforce such permit pro-
gram. 
‘‘(2) REVISED
CRITERIA.—The revised criteria 
described in this paragraph are— 
‘‘(A) the revised criteria for design, ground-
water monitoring, corrective action, closure, and 
post-closure, for structures, including— 
‘‘(i) for new structures, and lateral ex-
pansions of existing structures, that first re-
ceive coal combustion residuals after the 
date of enactment of this section, the revised 
criteria regarding design requirements de-
scribed in section 258.40 of title 40, Code of 
Federal Regulations; and 
‘‘(ii) for all structures that receive coal 
combustion residuals after the date of enact-
ment of this section, the revised criteria re-
garding groundwater monitoring require-
ments described in subpart E of part 258 of 
title 40, Code of Federal Regulations; 
‘‘(B) the revised criteria for location restric-
tions described in— 
VerDate Mar 15 2010 
21:07 Sep 26, 2011
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H2273.RH
H2273
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(i) for new structures, and lateral ex-
pansions of existing structures, that first re-
ceive 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 receive 
coal combustion residuals after the date of 
enactment of this section, sections 258.11 
and 258.15 of title 40, Code of Federal Reg-
ulations; 
‘‘(C) for all structures that receive coal com-
bustion residuals after the date of enactment of 
this section, the revised criteria for air quality 
described in section 258.24 of title 40, Code of 
Federal Regulations; and 
‘‘(D) for all structures that receive coal com-
bustion residuals after the date of enactment of 
this section, the revised criteria for financial as-
surance described in subpart G of part 258 of 
title 40, Code of Federal Regulations. 
‘‘(3) APPLICABILITY
OF
CERTAIN
REQUIRE-
MENTS.—A State may determine that one or more of 
the requirements of the revised criteria described in 
paragraph (2) is not needed for the management of 
VerDate Mar 15 2010 
21:07 Sep 26, 2011
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H2273.RH
H2273
mstockstill on DSK4VPTVN1PROD with BILLS
coal combustion residuals in that State, and may de-
cline to apply such requirement as part of its coal 
combustion residuals permit program. If a State de-
clines to apply a requirement under this paragraph, 
the State shall include in the certification under sub-
section (b)(2) a description of such requirement and 
the reasons such requirement is not needed in the 
State. If the Administrator determines that a State 
determination under this paragraph does not accu-
rately reflect the needs for the management of coal 
combustion residuals in the State, the Administrator 
may treat such State determination as a deficiency 
under subsection (d). 
‘‘(d) WRITTEN NOTICE AND OPPORTUNITY TO REM-
EDY.— 
‘‘(1) IN GENERAL.—The Administrator shall pro-
vide 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); or 
VerDate Mar 15 2010 
21:07 Sep 26, 2011
Jkt 099200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H2273.RH
H2273
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(D) is not implementing a coal combustion 
residuals permit program that meets the speci-
fications described in subsection (c)(1). 
‘‘(2) 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); and 
‘‘(iv) the State coal combustion residu-
als permit program in meeting the speci-
fications described in subsection (c)(1); 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 remedy the defi-
ciencies detailed under subparagraph (A). 
VerDate Mar 15 2010 
21:07 Sep 26, 2011
Jkt 099200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H2273.RH
H2273
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(e) IMPLEMENTATION BY ADMINISTRATOR.— 
‘‘(1) IN GENERAL.—The Administrator shall im-
plement a coal combustion residuals permit program 
for a State only in the following circumstances: 
‘‘(A) If the Governor of such State notifies 
the Administrator under subsection (b)(1) that 
such State will not adopt and implement such a 
permit program. 
‘‘(B) If such State has received a notice 
under subsection (d) and, after any review 
brought by the State under section 7006, fails, by 
the deadline identified in such notice under sub-
section (d)(2)(B), to remedy the deficiencies de-
tailed in such notice under subsection (d)(2)(A). 
‘‘(C) If such State informs the Adminis-
trator, in writing, that such State will no longer 
implement such a permit program. 
‘‘(2) REQUIREMENTS.—If the Administrator im-
plements a coal combustion residuals permit program 
for a State under paragraph (1), such permit pro-
gram shall consist of the specifications described in 
subsection (c)(1). 
‘‘(3) ENFORCEMENT.—If the Administrator im-
plements a coal combustion residuals permit program 
for a State under paragraph (1), the authorities re-
VerDate Mar 15 2010 
21:07 Sep 26, 2011
Jkt 099200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H2273.RH
H2273
mstockstill on DSK4VPTVN1PROD with BILLS
ferred to in section 4005(c)(2)(A) shall apply with re-
spect to coal combustion residuals and structures and 
the Administrator may use such authorities to in-
spect, gather information, and enforce the require-
ments of this section in the State. 
‘‘(f) STATE CONTROL AFTER IMPLEMENTATION BY AD-
MINISTRATOR.— 
‘‘(1) STATE CONTROL.— 
‘‘(A) NEW ADOPTION AND IMPLEMENTATION 
BY STATE.—For a State for which the Adminis-
trator is implementing a coal combustion residu-
als permit program under subsection (e)(1)(A), 
the State may adopt and implement such a per-
mit 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 that the 
State coal combustion residuals permit 
VerDate Mar 15 2010 
21:07 Sep 26, 2011
Jkt 099200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\H2273.RH
H2273
mstockstill on DSK4VPTVN1PROD with BILLS
tifies 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 re-
main 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 program 
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 per-
mit program, as applicable— 
VerDate Mar 15 2010 
21:07 Sep 26, 2011
Jkt 099200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6203
E:\BILLS\H2273.RH
H2273
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(i) implements changes to the require-
ments of the coal combustion residuals per-
mit 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) for such State. 
‘‘(g) EFFECT ON DETERMINATION UNDER 4005(C) OR 
3006.—The Administrator shall not consider the implemen-
tation of a coal combustion residuals permit program by 
the Administrator under subsection (e) in making a deter-
mination 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.—If it is determined, pursuant 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 schedule, in a closure 
plan that takes into account the nature and the site-specific 
characteristics of the structure to be closed. In the case of 
VerDate Mar 15 2010 
21:07 Sep 26, 2011
Jkt 099200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6203
E:\BILLS\H2273.RH
H2273
mstockstill on DSK4VPTVN1PROD with BILLS
a surface impoundment, the closure plan shall require, at 
a minimum, the removal of liquid and the stabilization of 
remaining waste, as necessary to support the final cover. 
‘‘(i) AUTHORITY.— 
‘‘(1) STATE AUTHORITY.—Nothing in this section 
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 strin-
gent or broader in scope than a regulation or require-
ment under this section. 
‘‘(2) AUTHORITY OF THE ADMINISTRATOR.— 
‘‘(A) IN GENERAL.—Except as provided in 
subsection (e) of this section and section 6005 of 
this title, the Administrator shall, with respect to 
the regulation of coal combustion residuals, defer 
to the States pursuant to this section. 
‘‘(B) IMMINENT HAZARD.—Nothing in this 
section shall be construed to affect the authority 
of the Administrator under section 7003 with re-
spect to coal combustion residuals. 
‘‘(j) MINE RECLAMATION ACTIVITIES.—A coal combus-
tion residuals permit program implemented under sub-
section (e) by the Administrator shall not apply to the utili-
zation, placement, and storage of coal combustion residuals 
at surface mining and reclamation operations. 
VerDate Mar 15 2010 
21:07 Sep 26, 2011
Jkt 099200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6203
E:\BILLS\H2273.RH
H2273
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(k) DEFINITIONS.—In this section: 
‘‘(1) COAL COMBUSTION RESIDUALS.—The term 
‘coal combustion residuals’ means— 
‘‘(A) the solid wastes listed in section 
3001(b)(3)(A)(i), including recoverable 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 com-
prise a relatively small proportion of the total 
wastes being disposed in the structure; 
‘‘(C) fluidized bed combustion wastes; 
‘‘(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; and 
‘‘(E) wastes from the co-burning of coal 
with materials described in subparagraph (A) 
that are recovered from monofills. 
‘‘(2) COAL COMBUSTION RESIDUALS PERMIT PRO-
GRAM.—The term ‘coal combustion residuals permit 
program’ means a permit program or other system of 
prior approval and conditions that is adopted by or 
VerDate Mar 15 2010 
21:07 Sep 26, 2011
Jkt 099200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6203
E:\BILLS\H2273.RH
H2273
mstockstill on DSK4VPTVN1PROD with BILLS
for a State for the management and disposal of coal 
combustion residuals to the extent such activities 
occur in structures in such State. 
‘‘(3) STRUCTURE.—The term ‘structure’ means a 
landfill, surface impoundment, or other land-based 
unit which may receive coal combustion residuals. 
‘‘(4) REVISED CRITERIA.—The term ‘revised cri-
teria’ means the criteria promulgated for municipal 
solid waste landfill units under section 4004(a) and 
under section 1008(a)(3), as revised under section 
4010(c).’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
contained in section 1001 of the Solid Waste Disposal Act 
is amended by inserting after the item relating to section 
4010 the following: 
‘‘Sec. 4011. Management and disposal of coal combustion residuals.’’. 
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 Environ-
mental Protection Agency’s regulatory determination enti-
tled ‘‘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 combustion 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.). 
VerDate Mar 15 2010 
21:07 Sep 26, 2011
Jkt 099200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6203
E:\BILLS\H2273.RH
H2273
mstockstill on DSK4VPTVN1PROD with BILLS
VerDate Mar 15 2010 
21:07 Sep 26, 2011
Jkt 099200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6203
E:\BILLS\H2273.RH
H2273
mstockstill on DSK4VPTVN1PROD with BILLS