I 111th CONGRESS 1st Session H. R. 493 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.

1.

Short title

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

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.