IIB 
114TH CONGRESS 
2D SESSION 
H. R. 1734 
IN THE SENATE OF THE UNITED STATES 
JULY 23, 2015 
Received 
JULY 14, 2016 
Read twice and referred to the Committee on Environment and Public Works 
AN ACT 
To amend subtitle D of the Solid Waste Disposal Act to 
encourage recovery and beneficial use of coal combustion 
residuals and establish requirements for the proper man-
agement and disposal of coal combustion residuals that 
are protective of human health and the environment. 
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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 AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Improving Coal Combustion Residuals Regulation Act of 
2015’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title and table of contents. 
Sec. 2. Management and disposal of coal combustion residuals. 
Sec. 3. 2000 regulatory determination. 
Sec. 4. Technical assistance. 
Sec. 5. Federal Power Act. 
SEC. 2. 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, implement, 
and enforce a coal combustion residuals permit program 
in accordance with this section. 
‘‘(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-
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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 24 
months after the date of enactment of this sec-
tion (except as provided in subparagraph (B) 
and subsection (f)(1)(A)), 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 imple-
menting agency shall submit to the Adminis-
trator a certification that such coal combustion 
residuals permit program meets the require-
ments described in subsection (c). 
‘‘(B) EXTENSION.— 
‘‘(i) REQUIREMENTS.—The Adminis-
trator may extend the deadline for submis-
sion of a certification for a State under 
subparagraph (A) for a period of 12 
months if the State submits to the Admin-
istrator a request for such an extension 
that— 
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‘‘(I) describes the efforts of the 
State to meet such deadline; 
‘‘(II) demonstrates that the legis-
lative or rulemaking procedures of 
such State render the State unable 
meet such deadline; and 
‘‘(III) provides the Administrator 
with a detailed schedule for comple-
tion and submission of the certifi-
cation. 
‘‘(ii) DETERMINATION.—If the Ad-
ministrator does not approve or deny a re-
quest submitted under clause (i) by the 
date that is 30 days after such submission, 
the request shall be deemed approved. 
‘‘(C) CONTENTS.—A certification sub-
mitted under this paragraph shall include— 
‘‘(i) a letter identifying the lead State 
implementing agency, 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; 
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‘‘(iii) an explanation of how the State 
coal combustion residuals permit program 
meets the requirements of this section, in-
cluding— 
‘‘(I) 
a 
description 
of 
the 
State’s— 
‘‘(aa) process to inspect or 
otherwise determine compliance 
with such permit program; 
‘‘(bb) process to enforce the 
requirements of such permit pro-
gram; 
‘‘(cc) 
public 
participation 
process for the promulgation, 
amendment, or repeal of regula-
tions for, and the issuance of 
permits under, such permit pro-
gram; and 
‘‘(dd) statutes, regulations, 
or policies pertaining to public 
access to information, including 
information on groundwater mon-
itoring data, structural stability 
assessments, emergency action 
plans, fugitive dust control plans, 
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notifications of closure (including 
any certification of closure by a 
qualified professional engineer), 
and corrective action remedies; 
and 
‘‘(II) 
identification 
of 
any 
changes to the definitions under sec-
tion 257.53 of title 40, Code of Fed-
eral Regulations, for purposes of the 
State coal combustion residuals per-
mit program, including a reasonable 
basis for such changes, as required 
under subsection (l)(4); 
‘‘(iv) a statement that the State has 
in effect, at the time of certification, stat-
utes or regulations necessary to implement 
a coal combustion residuals permit pro-
gram that meets the requirements de-
scribed in subsection (c); 
‘‘(v) copies of State statutes and regu-
lations described in clause (iv); 
‘‘(vi) a plan for a response by the 
State to a release at a structure or inactive 
surface impoundment that has the poten-
tial for impact beyond the site on which 
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the structure or inactive surface impound-
ment is located; and 
‘‘(vii) a plan for coordination among 
States in the event of a release that 
crosses State lines. 
‘‘(D) 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 lead State 
implementing agency shall maintain an approved 
permit program or other system of prior approval 
and conditions under section 4005(c) or an author-
ized program under section 3006. 
‘‘(c) REQUIREMENTS FOR A COAL COMBUSTION RE-
SIDUALS PERMIT PROGRAM.—A coal combustion residuals 
permit program shall consist of the following: 
‘‘(1) GENERAL REQUIREMENTS.— 
‘‘(A) PERMITS.—The implementing agency 
shall require that owners or operators of struc-
tures apply for and obtain permits incor-
porating the applicable requirements of the coal 
combustion residuals permit program. 
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‘‘(B) PUBLIC AVAILABILITY OF INFORMA-
TION.—Except for information with respect to 
which disclosure is prohibited under section 
1905 of title 18, United States Code, the imple-
menting agency shall ensure that— 
‘‘(i) documents for permit determina-
tions are made publicly available for review 
and comment under the public participa-
tion process of the coal combustion residu-
als permit program; 
‘‘(ii) final determinations on permit 
applications are made publicly available; 
‘‘(iii) information on groundwater 
monitoring data, structural stability as-
sessments, emergency action plans, fugitive 
dust control plans, notifications of closure 
(including any certification of closure by a 
qualified professional engineer), and cor-
rective action remedies required pursuant 
to paragraph (2), collected in a manner de-
termined appropriate by the implementing 
agency, is publicly available, including on 
an Internet website; and 
‘‘(iv) information regarding the exer-
cise by the implementing agency of any 
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discretionary authority granted under this 
section and not provided for in the rule de-
scribed in subsection (l)(1) is made pub-
licly available. 
‘‘(C) AGENCY AUTHORITY.— 
‘‘(i) IN GENERAL.—The implementing 
agency shall— 
‘‘(I) obtain information necessary 
to determine whether the owner or op-
erator of a structure is in compliance 
with the requirements of the coal com-
bustion residuals permit program; 
‘‘(II) conduct or require moni-
toring or testing to ensure that struc-
tures are in compliance with the re-
quirements of the coal combustion re-
siduals permit program; and 
‘‘(III) enter any site or premise 
at which a structure or inactive coal 
combustion 
residuals 
surface 
im-
poundment is located for the purpose 
of inspecting such structure or surface 
impoundment and reviewing relevant 
records. 
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‘‘(ii) MONITORING AND TESTING.—If 
monitoring or testing is conducted under 
clause (i)(II) by or for the implementing 
agency, the implementing 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 implementing agency; 
and 
‘‘(III) a copy of the results of 
any analysis of samples collected by or 
for the implementing agency. 
‘‘(2) CRITERIA.—The implementing agency 
shall apply the following criteria with respect to 
structures: 
‘‘(A) DESIGN
REQUIREMENTS.—For new 
structures, including lateral expansions of exist-
ing structures, the criteria regarding design re-
quirements described in sections 257.70 and 
257.72 of title 40, Code of Federal Regulations, 
as applicable. 
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‘‘(B) GROUNDWATER
MONITORING
AND 
CORRECTIVE ACTION.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), for all structures, the 
criteria regarding groundwater monitoring 
and corrective action requirements de-
scribed in sections 257.90 through 257.98 
of title 40, Code of Federal Regulations, 
including— 
‘‘(I) for the purposes of detection 
monitoring, the constituents described 
in appendix III to part 257 of title 
40, Code of Federal Regulations; and 
‘‘(II) for the purposes of assess-
ment 
monitoring, 
establishing 
a 
groundwater protection standard, and 
assessment of corrective measures, the 
constituents described in appendix IV 
to part 257 of title 40, Code of Fed-
eral Regulations. 
‘‘(ii) EXCEPTIONS
AND
ADDITIONAL 
AUTHORITY.— 
‘‘(I) ALTERNATIVE
POINT
OF 
COMPLIANCE.—Notwithstanding 
sec-
tion 257.91(a)(2) of title 40, Code of 
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Federal 
Regulations, 
the 
imple-
menting agency may establish the rel-
evant point of compliance for the 
down-gradient monitoring system as 
provided in section 258.51(a)(2) of 
title 40, Code of Federal Regulations. 
‘‘(II) 
ALTERNATIVE
GROUND-
WATER
PROTECTION
STANDARDS.— 
Notwithstanding section 257.95(h) of 
title 40, Code of Federal Regulations, 
the implementing agency may estab-
lish an alternative groundwater pro-
tection standard as provided in section 
258.55(i) of title 40, Code of Federal 
Regulations. 
‘‘(III) ABILITY
TO
DETERMINE 
THAT
CORRECTIVE
ACTION
IS
NOT 
NECESSARY
OR
TECHNICALLY
FEA-
SIBLE.—Notwithstanding 
section 
257.97 of title 40, Code of Federal 
Regulations, the implementing agency 
may determine that remediation of a 
release from a structure is not nec-
essary 
as 
provided 
in 
section 
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258.57(e) of title 40, Code of Federal 
Regulations. 
‘‘(IV) GENERAL AUTHORITY RE-
LATING
TO
GROUNDWATER
MONI-
TORING AND CORRECTIVE ACTION.— 
Notwithstanding 
sections 
257.90 
through 257.98 of title 40, Code of 
Federal 
Regulations, 
the 
imple-
menting agency may authorize alter-
native groundwater monitoring and 
corrective action requirements pro-
vided that such requirements are no 
less stringent than the alternative re-
quirements authorized to be estab-
lished under subpart E of part 258 of 
title 40, Code of Federal Regulations. 
‘‘(V) OPPORTUNITY FOR CORREC-
TIVE ACTION FOR UNLINED SURFACE 
IMPOUNDMENTS.—Notwithstanding 
section 257.101(a)(1) of title 40, Code 
of Federal Regulations, the imple-
menting agency may allow the owner 
or operator of an existing structure 
that is an unlined surface impound-
ment— 
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‘‘(aa) to continue to operate, 
pursuant 
to 
sections 
257.96 
through 257.98 of title 40, Code 
of Federal Regulations, until the 
date that is 102 months after the 
date of enactment of this section; 
and 
‘‘(bb) to continue to operate 
after such date as long as such 
unlined 
surface 
impoundment 
meets the groundwater protection 
standard established pursuant to 
this subparagraph and any other 
applicable 
requirement 
estab-
lished pursuant to this section. 
‘‘(C) CLOSURE.—For all structures, the 
criteria for closure described in sections 
257.101, 257.102, and 257.103 of title 40, 
Code of Federal Regulations, except— 
‘‘(i) the criteria described in section 
257.101(a)(1) of title 40, Code of Federal 
Regulations, shall apply to an existing 
structure that is an unlined surface im-
poundment only if— 
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‘‘(I) the unlined surface im-
poundment is not allowed to continue 
operation pursuant to subparagraph 
(B)(ii)(VI)(aa); or 
‘‘(II) in the case of an unlined 
surface impoundment that is allowed 
to continue operation pursuant to sub-
paragraph (B)(ii)(VI)(aa), the date 
described in such subparagraph has 
passed and the unlined surface im-
poundment does not meet the require-
ments 
described 
in 
subparagraph 
(B)(ii)(VI)(bb); 
‘‘(ii) the criteria described in section 
257.101(b)(1) of title 40, Code of Federal 
Regulations, shall not apply to existing 
structures, except as provided in subpara-
graphs (E)(i)(II) and (E)(ii); and 
‘‘(iii) if an implementing agency has 
set a deadline under clause (i) or (ii) of 
subparagraph (L), the criteria described in 
section 257.101(b)(2) of title 40, Code of 
Federal Regulations, shall apply to struc-
tures that are surface impoundments only 
after such deadline. 
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‘‘(D) POST-CLOSURE.—For all structures, 
the criteria for post-closure care described in 
section 257.104 of title 40, Code of Federal 
Regulations. 
‘‘(E) LOCATION RESTRICTIONS.— 
‘‘(i) IN
GENERAL.—The criteria for 
location restrictions described in— 
‘‘(I) for new structures, including 
lateral expansions of existing struc-
tures, sections 257.60 through 257.64 
and 257.3–1 of title 40, Code of Fed-
eral Regulations; and 
‘‘(II) for existing structures, sec-
tions 257.64 and 257.3–1 of title 40, 
Code of Federal Regulations. 
‘‘(ii) ADDITIONAL
AUTHORITY.—The 
implementing agency may apply the cri-
teria described in sections 257.60 through 
257.63 of title 40, Code of Federal Regula-
tions, to existing structures that are sur-
face impoundments. 
‘‘(F) AIR
CRITERIA.—For all structures, 
the criteria for air quality described in section 
257.80 of title 40, Code of Federal Regulations. 
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‘‘(G) FINANCIAL
ASSURANCE.—For all 
structures, the criteria for financial assurance 
described in subpart G of part 258 of title 40, 
Code of Federal Regulations. 
‘‘(H) SURFACE
WATER.—For all struc-
tures, the criteria for surface water described in 
section 257.3–3 of title 40, Code of Federal 
Regulations. 
‘‘(I) RECORDKEEPING.—For all structures, 
the criteria for recordkeeping described in sec-
tion 257.105 of title 40, Code of Federal Regu-
lations. 
‘‘(J) RUN-ON AND RUN-OFF CONTROLS.— 
For all structures that are landfills, sand or 
gravel pits, or quarries, the criteria for run-on 
and run-off control described in section 257.81 
of title 40, Code of Federal Regulations. 
‘‘(K) HYDROLOGIC
AND
HYDRAULIC
CA-
PACITY
REQUIREMENTS.—For all structures 
that are surface impoundments, the criteria for 
inflow design flood control systems described in 
section 257.82 of title 40, Code of Federal Reg-
ulations. 
‘‘(L) STRUCTURAL INTEGRITY.—For struc-
tures that are surface impoundments, the cri-
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teria for structural integrity described in sec-
tions 257.73 and 257.74 of title 40, Code of 
Federal Regulations, except that, notwith-
standing section 257.73(f)(4) of title 40, Code 
of Federal Regulations, the implementing agen-
cy may provide for— 
‘‘(i) up to 30 days for an owner or op-
erator to complete a safety factor assess-
ment when an owner or operator has failed 
to meet an applicable periodic assessment 
deadline provided in section 257.73(f) of 
title 40, Code of Federal Regulations; and 
‘‘(ii) up to 12 months for an owner or 
operator to meet the safety factor assess-
ment 
criteria 
provided 
in 
section 
257.73(e)(1) of title 40, Code of Federal 
Regulations, if the implementing agency 
determines, through the initial safety fac-
tor assessment, that the structure does not 
meet such safety factor assessment criteria 
and that the structure does not pose an 
immediate threat of release. 
‘‘(M) INSPECTIONS.—For all structures, 
the criteria described in sections 257.83 and 
257.84 of title 40, Code of Federal Regulations. 
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