IB 
Union Calendar No. 147 
112TH CONGRESS 
1ST SESSION H. R. 2273 
[Report No. 112–226] 
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. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 22, 2011 
Mr. MCKINLEY (for himself, Mr. WHITFIELD, Mr. RAHALL, Mrs. CAPITO, 
Mrs. MYRICK, Mr. OLSON, Mrs. LUMMIS, Mr. ROSS of Florida, Mr. BAR-
TON of Texas, Mr. JOHNSON of Ohio, Mr. PITTS, Mr. ROGERS of Ken-
tucky, Mrs. MCMORRIS RODGERS, Mr. WOMACK, Mr. SULLIVAN, Mr. 
PALAZZO, and Mr. BUCSHON) introduced the following bill; which was re-
ferred to the Committee on Energy and Commerce 
SEPTEMBER 26, 2011 
Additional sponsors: Mr. MILLER of Florida, Mr. REHBERG, Mr. COBLE, Mr. 
TERRY, Mr. SCOTT of South Carolina, Mr. GOSAR, Mr. CRAWFORD, Mr. 
NUNNELEE, Mr. CAMP, Mr. ROGERS of Alabama, Mr. DENT, Mr. BISHOP 
of Utah, Mr. ROONEY, Mr. SENSENBRENNER, Mrs. EMERSON, and Mrs. 
ADAMS 
SEPTEMBER 26, 2011 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on June 22, 2011] 
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A BILL 
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 gen-
erated by the combustion of coal and other fossil fuels. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Coal Residuals Reuse 
and Management Act’’. 
SEC. 2. AMENDMENT TO SUBTITLE D OF THE SOLID WASTE 
DISPOSAL ACT. 
(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 new section: 
‘‘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 subsection 
(d)(2)(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.— 
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‘‘(A) IN
GENERAL.—Not later than 36 
months after the date of enactment of this section 
(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 implement a coal 
combustion residuals permit program, the head 
of the lead State agency responsible for imple-
menting the coal combustion residuals permit 
program shall submit to the Administrator a cer-
tification that such coal combustion residuals 
permit program meets the specifications de-
scribed in subsection (c)(1). 
‘‘(B) CONTENTS.—A certification submitted 
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 pro-
gram; 
‘‘(iii) a narrative description that pro-
vides an explanation of how the State will 
ensure that the coal combustion residuals 
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permit program meets the requirements of 
this section; 
‘‘(iv) a legal certification that the State 
has, at the time of certification, fully effec-
tive statutes, regulations, or guidance nec-
essary to implement a coal combustion re-
siduals permit program that meets the spec-
ifications described in subsection (c)(1); and 
‘‘(v) copies of State statutes, regula-
tions, and guidance described in clause (iv). 
‘‘(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 agen-
cy responsible for implementing a coal combustion re-
siduals permit program in a State shall maintain an 
approved program under section 4005(c) or an au-
thorized program under section 3006. 
‘‘(c) PERMIT PROGRAM SPECIFICATIONS.— 
‘‘(1) MINIMUM REQUIREMENTS.—The specifica-
tions described in this subsection for a coal combus-
tion residuals permit program are as follows: 
‘‘(A) The revised criteria described in para-
graph (2) shall apply to a coal combustion re-
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siduals permit program, except as provided in 
paragraph (3). 
‘‘(B) Each structure shall be, in accordance 
with generally accepted engineering standards 
for the structural integrity of such structures, de-
signed, constructed, and maintained to provide 
for containment of the maximum volumes of coal 
combustion residuals appropriate for the struc-
ture. If a structure is determined by the head of 
the agency responsible for implementing the coal 
combustion residuals permit program to be defi-
cient, the head of such agency has authority to 
require action to correct the deficiency. If the 
identified deficiency is not corrected, the head of 
such agency has authority to require that the 
structure close in accordance with subsection (h). 
‘‘(C) The coal combustion residuals permit 
program shall apply the revised criteria promul-
gated pursuant to section 4010(c) for location, 
design, groundwater monitoring, corrective ac-
tion, financial assurance, closure and post-clo-
sure described in paragraph (2) and the speci-
fications described in this paragraph to surface 
impoundments. 
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