[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2273 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2273

   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. Barton of 
  Texas, Mr. Johnson of Ohio, Mr. Pitts, Mr. Rogers of Kentucky, Mrs. 
   McMorris Rodgers, Mr. Womack, Mr. Sullivan, Mr. Palazzo, and Mr. 
   Bucshon) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 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 generated by the combustion of coal and other 
                             fossil fuels.

    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 Residuals Reuse and Management 
Act''.

SEC. 2. AMENDMENT TO SUBTITLE D OF THE SOLID WASTE DISPOSAL ACT.

    Subtitle D of the Solid Waste Disposal 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 COMBUSTION RESIDUALS.

    ``(a) State Permit Programs for Coal Combustion 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.--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)), the Governor of each 
        State that has notified the Administrator that the State will 
        adopt and implement a coal combustion residuals permit program 
        shall submit to the Administrator, in writing, a certification 
        that such State coal combustion residuals permit program meets 
        the specifications described in subsection (c).
            ``(3) Maintenance of 4005(c) or 3006 program.--Solely for 
        the purpose of demonstrating competence under this Act to adopt 
        or implement a coal combustion residuals permit program under 
        this section (including pursuant to subsection (f)), the State 
        agency responsible for implementing the coal combustion 
        residuals program in a State shall maintain an approved program 
        under section 4005(c) or an authorized program under section 
        3006.
    ``(c) Permit Program Specifications.--
            ``(1) In general.--The specifications described in this 
        subsection for a coal combustion residuals permit program are 
        as follows:
                    ``(A) The requirements of a State coal combustion 
                residuals permit program shall be no less stringent 
                than the requirements of the revised criteria.
                    ``(B) Such coal combustion residuals permit program 
                shall regulate the management of coal combustion 
                residuals in surface impoundments and other land-based 
                units.
                    ``(C) Each structure in such State shall be, in 
                accordance with generally accepted engineering 
                standards for the structural integrity of such 
                structures, designed, constructed, and maintained to 
                provide for containment of the maximum volumes of coal 
                combustion residuals appropriate for the structure.
                    ``(D) The State has the authority to inspect 
                structures and implement and enforce such coal 
                combustion residuals permit program.
            ``(2) Program stringency.--The requirements of a State coal 
        combustion residuals permit program shall not be considered to 
        be less stringent than the requirements of the revised criteria 
        if one or more of the requirements of the revised criteria is 
        not applied because such criteria is not appropriate for the 
        management of coal combustion residuals.
    ``(d) Written Notice and Opportunity To Remedy.--
            ``(1) In general.--The Administrator shall provide to a 
        State written notice and an opportunity to remedy deficiencies 
        in accordance with paragraph (2) if the State--
                    ``(A) does not satisfy the notification requirement 
                under subsection (b)(1);
                    ``(B)(i) has not submitted a written certification 
                under subsection (b)(2); and
                    ``(ii) is not regulating structures in a manner 
                that protects human health and the environment;
                    ``(C) does not satisfy the maintenance requirement 
                under subsection (b)(3); or
                    ``(D) has satisfied the notification requirement 
                under subsection (b)(1) and has submitted a written 
                certification under subsection (b)(2), but, based upon 
                information received by the Administrator, is not 
                implementing a coal combustion residuals permit 
                program.
            ``(2) Contents of notice; deadline for response.--A notice 
        provided under this subsection shall--
                    ``(A) include--
                            ``(i) findings of the Administrator 
                        detailing any applicable deficiencies in--
                                    ``(I) compliance by the State with 
                                the notification requirement under 
                                subsection (b)(1);
                                    ``(II)(aa) submission by the State 
                                of the written certification under 
                                subsection (b)(2); and
                                    ``(bb) the ways in which the State 
                                is regulating structures such that 
                                human health and the environment are 
                                not protected; and
                                    ``(III) compliance by the State 
                                with the maintenance requirement under 
                                subsection (b)(3); and
                            ``(ii) for a State described in paragraph 
                        (1)(D), a request for the State to demonstrate 
                        that it is implementing a coal combustion 
                        residuals permit program; and
                    ``(B) identify, in collaboration with the State, a 
                reasonable deadline, which shall be not sooner than 6 
                months after the State receives the notice, by which 
                the State shall--
                            ``(i) take actions to remedy the 
                        deficiencies detailed under subparagraph 
                        (A)(i); or
                            ``(ii) for a State described in paragraph 
                        (1)(D), demonstrate that it is implementing a 
                        coal combustion residuals permit program.
    ``(e) Implementation by Administrator.--The Administrator shall 
implement a coal combustion residuals permit program, the elements of 
which shall consist of the revised criteria regarding design, 
groundwater monitoring, corrective action, closure, and post-closure, 
as appropriate for structures, for a State only in the following 
circumstances:
            ``(1) If the Governor of such State notifies the 
        Administrator under subsection (b)(1) that such State will not 
        adopt and implement such a permit program.
            ``(2) If such State has received a notice under subsection 
        (d) and fails, by the deadline identified in such notice under 
        subsection (d)(2)(B)--
                    ``(A) to take actions to remedy the deficiencies 
                detailed in such notice under subsection (d)(2)(A); or
                    ``(B) for a State described in subsection 
                (d)(1)(D), to demonstrate that it is implementing a 
                coal combustion residuals permit program.
            ``(3) If such State informs the Administrator, in writing, 
        that such State will no longer implement such a permit program.
    ``(f) State Control After Implementation by Administrator.--
            ``(1) State control.--
                    ``(A) New adoption and implementation by state.--
                For a State in which the Administrator is implementing 
                a coal combustion residuals permit program under 
                subsection (e)(1), the State may adopt and implement 
                such a permit program by--
                            ``(i) notifying the Administrator that the 
                        State will adopt and implement such a permit 
                        program; and
                            ``(ii) not later than 6 months after the 
                        date of such notification, submitting to the 
                        Administrator a written certification under 
                        subsection (b)(2).
                    ``(B) Remedying deficient permit program.--
                            ``(i) In general.--For a State in which the 
                        Administrator is implementing a coal combustion 
                        residuals permit program under subsection 
                        (e)(2), the State may adopt and implement such 
                        a permit program by--
                                    ``(I) remedying the deficiencies 
                                detailed in the notice provided under 
                                subsection (d)(2)(A)(i); or
                                    ``(II) for a State described in 
                                subsection (d)(1)(D), demonstrating 
                                that it is implementing a coal 
                                combustion residuals permit program.
                            ``(ii) Demonstration.--
                                    ``(I) Remedy of deficiency.--If 
                                such notice details a deficiency 
                                described in subsection 
                                (d)(2)(A)(i)(II)(bb), the State may 
                                remedy such deficiency only by 
                                demonstrating to the satisfaction of 
                                the Administrator that such State has 
                                remedied such deficiency.
                                    ``(II) Review of determination.--If 
                                the Administrator determines that a 
                                demonstration by a State under 
                                subclause (I) or clause (i)(II) is not 
                                sufficient, the State may obtain a 
                                review of such determination as if such 
                                determination was a final regulation 
                                for purposes of section 7006.
                    ``(C) Resumption of implementation by state.--For a 
                State in which the Administrator is implementing a coal 
                combustion residuals permit program under subsection 
                (e)(3), the State may adopt and implement such a permit 
                program by--
                            ``(i) notifying the Administrator that the 
                        State will adopt and implement such a permit 
                        program; and
                            ``(ii) not later than 6 months after the 
                        date of such notification, submitting to the 
                        Administrator a written certification under 
                        subsection (b)(2).
            ``(2) Single permit program.--If a State adopts and 
        implements a coal combustion residuals permit program under 
        this subsection, the Administrator 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 implementation of a coal 
combustion residuals permit program 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 structure should close, the time 
period for the closure of such structure shall be set forth, in a 
schedule, in a closure plan that takes into account the site-specific 
characteristics of the structure to be closed.
    ``(i) Authority.--
            ``(1) State authority.--Nothing in this section shall 
        preclude or deny any right of any State to adopt or enforce any 
        regulation or requirement respecting coal combustion residuals 
        that is more stringent 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 respect to the regulation of 
                coal combustion residuals, defer to the States pursuant 
                to this section.
                    ``(B) Imminent hazard.--Nothing in this section 
                shall be construed to affect the authority of the 
                Administrator under section 7003 with respect to coal 
                combustion residuals.
    ``(j) Mine Reclamation Activities.--A coal combustion residuals 
permit program implemented under subsection (e) by the Administrator 
shall not apply to the utilization, placement, and storage of coal 
combustion residuals 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 materials 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 separately 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 provided 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 municipal solid waste landfill 
        units under section 4004(a) and under section 1008(a)(3), as 
        revised under section 4010(c).''.

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 Environmental 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 combustion 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.).
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