[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 493 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 493

   To direct the Secretary of the Interior to promulgate regulations 
 concerning the storage and disposal of matter referred to as ``other 
wastes'' in the Surface Mining Control and Reclamation Act of 1977, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 14, 2009

  Mr. Rahall introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To direct the Secretary of the Interior to promulgate regulations 
 concerning the storage and disposal of matter referred to as ``other 
wastes'' in the Surface Mining Control and Reclamation Act of 1977, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Coal Ash Reclamation, Environment, 
and Safety Act of 2009''.

SEC. 2. REQUIREMENTS FOR SURFACE STORAGE AND DISPOSAL OF COVERED WASTES 
              IN IMPOUNDMENTS.

    (a) Regulations.--The Secretary of the Interior shall, within 180 
days after the date of enactment of this Act, promulgate regulations 
that establish design, engineering, and performance standards that 
provide for safe storage and disposal of covered wastes in 
impoundments.
    (b) Impoundment Requirements.--The regulations under subsection (a) 
shall require that an impoundment for the storage or disposal of 
covered wastes shall be designed, constructed, and maintained in 
accordance with requirements that are substantially similar to the 
requirements that apply to impoundments under paragraphs (8), (11), and 
(13) of section 515(b) and section 515(f) of the Surface Mining Control 
and Reclamation Act of 1977 (30 U.S.C. 1265(b), 1265(f)).
    (c) Prohibition.--No person shall construct or operate any 
impoundment for the storage or disposal of covered wastes on any land 
in any State except in accordance with regulations promulgated under 
subsection (a).
    (d) Inspections, Penalties, and Enforcement.--For purposes of 
sections 517, 518, and 521 of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1267, 1268, 1271)--
            (1) this section and permitting, design, performance, and 
        other requirements and prohibitions established by the 
        regulations and orders under this section shall be treated as 
        requirements and prohibitions under that Act; and
            (2) an impoundment for the deposit and maintenance of 
        covered wastes in violation of this section, the regulations 
        this section, or any order under subsection (e) shall be 
        treated as a surface coal mining operation.
    (e) Pre-Existing Impoundments.--
            (1) Limitation on application.--Except as provided in an 
        order under this subsection, the regulations under subsection 
        (a) and subsections (c) and (d) shall not apply to an 
        impoundment for the deposit and maintenance of covered wastes 
        that is in existence on such date of enactment.
            (2) Inventory.--The Secretary shall, within 12 months after 
        the date of enactment of this Act, complete an inventory of all 
        impoundments for the deposit and maintenance of covered wastes 
        in existence on such date of enactment. The inventory shall 
        include--
                    (A) an assessment of the design, stability, and 
                engineering of embankments and basin characterization 
                and design of each such impoundment;
                    (B) an assessment of risks to surface and 
                groundwater posed by each such impoundment; and
                    (C) a determination on the degree of risk each such 
                impoundment poses to human and environmental health.
            (3) Orders.--Based on the assessments and determination of 
        degree of risk under paragraph (2), the Secretary may issue any 
        order necessary to ensure that any such impoundment complies 
        with requirements established by the regulations under this 
        section.
            (4) Report to congress.--Not later than one year after the 
        date of completion of the inventory under paragraph (2), the 
        Secretary shall report to Congress on the findings and 
        determinations of the inventory.
    (f) State Programs.--The Secretary shall implement the requirements 
of this Act pursuant to the regulations promulgated pursuant to 
subsection (a), except that any State with an approved State program 
under section 503 of the Surface Mining Control and Reclamation Act of 
1977 (30 U.S.C. 1253) may submit to the Secretary a revision to such 
State program to incorporate the regulations under subsection (a) 
subject to the terms and conditions of section 503 of the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1253).
    (g) Relationship to Other Law.--
            (1) Federal law.--Nothing in this section shall affect any 
        authority under any other Act of Congress to prohibit the 
        construction or operation of any impoundment for the storage or 
        disposal of covered wastes.
            (2) State law.--Any reclamation, land use, environmental, 
        or public health protection standard or requirement in State 
        statute or regulation with respect to the regulation of 
        impoundments or of the storage or disposal of covered wastes 
        that meets or exceeds the requirements and prohibitions of this 
        section and the regulations issued under this section shall not 
        be construed to be inconsistent with this section or any 
        regulation under this section.
    (h) In General.--In this section:
            (1) Covered wastes.--The term ``covered wastes''--
                    (A) means material referred to as ``other wastes'' 
                in section 515(b)(11) of the Surface Mining Control and 
                Reclamation Act of 1977 (30 U.S.C. 1265(b)(11)); and
                    (B) includes coal ash, slag, and flue gas 
                desulfurization materials stored or disposed of in 
                liquid, semi-liquid, or solid form.
            (2) Impoundment.--The term ``impoundment'' means any dam or 
        embankment used to retain covered wastes.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
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