‘‘(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) 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.—If it is determined, pursuant to a 
coal combustion residuals permit program, that a struc-
ture should close, the time period and method for the clo-
sure 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 characteris-
tics of the structure to be closed. In the case of a surface 
impoundment, the closure plan shall require, at a min-
imum, the removal of liquid and the stabilization of re-
maining 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 
subsection (e) of this section and section 6005 
of this title, the Administrator shall, with re-
spect to the regulation of coal combustion re-
siduals, defer to the States pursuant to this sec-
tion. 
‘‘(B) IMMINENT HAZARD.—Nothing in this 
section shall be construed to affect the author-
ity of the Administrator under section 7003 
with respect to coal combustion residuals. 
‘‘(C) TECHNICAL AND ENFORCEMENT AS-
SISTANCE
ONLY
UPON
REQUEST.—Upon re-
quest from the head of a lead State agency that 
is implementing a coal combustion residuals 
permit program, the Administrator may provide 
to such State agency only the technical or en-
forcement assistance requested. 
‘‘(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 under sub-
section (e) by the Administrator shall not apply to the uti-
lization, placement, and storage of coal combustion residu-
als at surface mining and reclamation operations. 
‘‘(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 mate-
rials 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; 
‘‘(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 
PROGRAM.—The term ‘coal combustion residuals 
permit program’ means a permit program or other 
system of prior approval and conditions that is 
adopted by or 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 
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) in accordance with the requirement of 
such section that the criteria protect human health 
and the environment.’’. 
(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. 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.). 
Passed the House of Representatives October 14, 
2011. 
Attest: 
Clerk.
112TH CONGRESS 
1ST SESSION 
H. R. 2273 
AN ACT 
To amend subtitle D of the Solid Waste Disposal 
Act to facilitate recovery and beneficial use, and 
provide for the proper management and disposal, 
of materials generated by the combustion of coal 
and other fossil fuels.