[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1971 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1971

 To provide for the establishment of a committee to assess the effects 
 of certain Federal regulatory mandates and to provide for relief from 
                those mandates, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 8, 2011

Mr. Inhofe (for himself and Mr. Johanns) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
 To provide for the establishment of a committee to assess the effects 
 of certain Federal regulatory mandates and to provide for relief from 
                those mandates, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Comprehensive 
Assessment of Regulations on the Economy Act of 2011''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                     TITLE I--REGULATORY ASSESSMENT

Sec. 101. Cumulative Regulatory Assessment Committee.
Sec. 102. Additional provisions relating to certain rules.
Sec. 103. Consideration of feasibility and cost in establishing 
                            national ambient air quality standards.
                      TITLE II--REGULATORY RELIEF

Sec. 201. Legislative stay.
Sec. 202. Compliance dates.
Sec. 203. Energy recovery and conservation.
Sec. 204. Other provisions.
             TITLE III--COAL RESIDUALS REUSE AND MANAGEMENT

Sec. 301. Short title.
Sec. 302. Amendment to Subtitle D of the Solid Waste Disposal Act.
Sec. 303. 2000 regulatory determination.
Sec. 304. Effect of title.
                      TITLE IV--THERMAL DISCHARGES

Sec. 401. Short title.
Sec. 402. Thermal discharge.
Sec. 403. Regulations.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Clean air interstate rule.--The term ``Clean Air 
        Interstate Rule'' means the Clean Air Interstate Rule and the 
        rule establishing Federal Implementation Plans for the Clean 
        Air Interstate Rule, as promulgated and modified by the 
        Administrator (70 Fed. Reg. 25162 (May 12, 2005), 71 Fed. Reg. 
        25288 (April 28, 2006), 72 Fed. Reg. 55657 (October 1, 2007), 
        72 Fed. Reg. 59190 (October 19, 2007), 72 Fed. Reg. 62338 
        (November 2, 2007), 74 Fed. Reg. 56721 (November 3, 2009)).
            (3) Committee.--The term ``Committee'' means the Cumulative 
        Regulatory Assessment Committee established by section 101(a).
            (4) Federal regulatory mandate.--The term ``Federal 
        regulatory mandate'' means any regulation, rule, requirement, 
        or interpretative guidance that--
                    (A) is promulgated or issued (or is expected to be 
                initiated) by the Administrator or a State or local 
                government during the period beginning on January 1, 
                2010, and ending on January 1, 2020;
                    (B) applies to 1 or more impacted units; and
                    (C) implements any provision or requirement 
                relating to--
                            (i) interstate or international transport 
                        of air pollution under section 110(a)(2)(D), 
                        115, or 126(b) of the Clean Air Act (42 U.S.C. 
                        7410(a)(2)(D), 7415, 7426(b)) with respect to 
                        any national ambient air quality standard, 
                        including--
                                    (I) any standard that has been 
                                promulgated or proposed before July 1, 
                                2011; and
                                    (II) any new or revised standard 
                                for ozone or fine particulate matter 
                                that, as of the date of enactment of 
                                this Act, is currently under review or 
                                development by the Administrator; and
                            (ii) the attainment, or maintenance of 
                        attainment, of any national ambient air quality 
                        standard, including--
                                    (I) any new or revised standard for 
                                ozone or fine particulate matter that, 
                                as of the date of enactment of this 
                                Act, is currently under review or 
                                development by the Administrator; and
                                    (II) any other standard that has 
                                been promulgated or proposed before 
                                July 1, 2011;
                            (iii) new source performance standards 
                        under section 111 of the Clean Air Act (42 
                        U.S.C. 7411), including any standards under 
                        subsection (d) of that section;
                            (iv) hazardous air pollutants under section 
                        112 of the Clean Air Act (42 U.S.C. 7412);
                            (v) greenhouse gas emissions under titles 
                        I, II, and V of the Clean Air Act (42 U.S.C. 
                        7401 et seq.), including the requirements for--
                                    (I) new source performance 
                                standards under section 111 of the 
                                Clean Air Act (42 U.S.C. 7411), 
                                including any standards under 
                                subsection (d) of that section; and
                                    (II) preconstruction review permits 
                                under section 165 of the Clean Air Act 
                                (42 U.S.C. 7475);
                            (vi) cooling water intake structures under 
                        section 316(b) of the Clean Water Act (33 
                        U.S.C. 1326(b));
                            (vii) effluent guidelines for regulating 
                        the discharge of pollutants under section 304 
                        of the Clean Water Act (33 U.S.C. 1314);
                            (viii) the handling and disposal of coal 
                        combustion residuals under subtitle C or D of 
                        the Solid Waste Disposal Act (42 U.S.C. 6921 et 
                        seq.);
                            (ix) the regulation of fuels under title II 
                        of the Clean Air Act (42 U.S.C. 7521 et seq.);
                            (x) regional haze or reasonably 
                        attributable visibility impairment under 
                        section 169A or section 169B of the Clean Air 
                        Act (42 U.S.C. 7491, 7492); and
                            (xi) any other environmental regulations 
                        expected to have a significant impact on the 
                        electric power sector, the petroleum refining 
                        sector, the petrochemical production sector, 
                        pipeline facilities regulated by the Department 
                        of Transportation or the Environmental 
                        Protection Agency, exploration, production, or 
                        transportation of oil and natural gas, or any 
                        other manufacturing sector.
            (5) Impacted unit.--The term ``impacted unit'' means--
                    (A) any electric generating unit that sells 
                electricity into the grid;
                    (B) any industrial, commercial, or institutional 
                boiler or process heater;
                    (C) any petroleum refining facility that produces 
                gasoline, heating oil, diesel fuel, jet fuel, kerosene, 
                or petrochemical feedstocks;
                    (D) any petrochemical facility;
                    (E) any hydrocarbon exploration, extraction, 
                manufacturing, production, or transportation facility; 
                or
                    (F) any biofuel facility.

                     TITLE I--REGULATORY ASSESSMENT

SEC. 101. CUMULATIVE REGULATORY ASSESSMENT COMMITTEE.

    (a) Establishment.--There is established within the Department of 
Commerce a Committee, to be known as the ``Cumulative Regulatory 
Assessment Committee''.
    (b) Composition of Committee.--The Committee shall consist of the 
following officials (or designees of the officials):
            (1) The Secretary of Agriculture.
            (2) The Secretary of Commerce.
            (3) The Secretary of Defense.
            (4) The Chairperson of the Council of Economic Advisers.
            (5) The Secretary of Energy.
            (6) The Administrator.
            (7) The Chairperson of the Federal Energy Regulatory 
        Commission.
            (8) The Secretary of Labor.
            (9) The Administrator of the Office of Information and 
        Regulatory Affairs.
            (10) The President and Chief Executive Officer of the North 
        American Electric Reliability Corporation.
            (11) The Chief Counsel for Advocacy of the Small Business 
        Administration.
    (c) Leadership; Operations.--The Secretary of Commerce shall--
            (1) serve as the Chairperson of the Committee; and
            (2) be responsible for the executive and administrative 
        operation of the Committee.
    (d) Identification of Federal Regulatory Mandates.--Not later than 
30 days after the date of enactment of this Act, the Administrator 
shall provide to the Committee a list of Federal regulatory mandates.
    (e) Duties.--
            (1) Assessment.--
                    (A) In general.--The Committee shall perform an 
                assessment of the cumulative energy and economic 
                impacts of the Federal regulatory mandates in 
                accordance with this subsection, including direct, 
                indirect, quantifiable, and qualitative effects on--
                            (i) employment, including job levels in 
                        each segment of the economy and each region of 
                        the United States, including coal-producing 
                        regions;
                            (ii) economic development, including 
                        production levels and labor demands in 
                        manufacturing, commercial, and other sectors of 
                        the economy;
                            (iii) the electric power sector, including 
                        potential impacts on electric reliability, 
                        energy security, and retail electricity rates;
                            (iv) the domestic refining and 
                        petrochemical sector, including potential 
                        impacts on supply, international 
                        competitiveness, wholesale and retail 
                        transportation fuels, and heating oil and 
                        petrochemical prices;
                            (v) State and local governments, including 
                        potential impacts on governmental operations 
                        and local communities from any reductions in 
                        State and local tax revenues;
                            (vi) small businesses (as defined in 
                        section 601 of title 5, United States Code), 
                        including economic and regulatory impacts that 
                        could force the shutdown or limit the growth of 
                        small businesses;
                            (vii) agriculture, including economic and 
                        regulatory impacts that could force the 
                        shutdown, or limit growth or productive 
                        capacity, of the agricultural industry in the 
                        United States, including the domestic 
                        fertilizer manufacturing industry; and
                            (viii) energy-intensive, trade-exposed 
                        industry (as defined in North American Industry 
                        Classification System codes 31, 32, and 33) 
                        (including the beneficiation or processing 
                        (including agglomeration) of metal ores 
                        (including iron and copper ores), soda ash, or 
                        phosphate, petroleum refining, and 
                        petrochemicals production), including economic 
                        and regulatory impacts that could force the 
                        shutdown, or limit growth of productive 
                        capacity, of the United States manufacturing 
                        industry.
                    (B) Comprehensive analysis.--The assessment shall 
                include a comprehensive analysis, for the period 
                beginning on January 1, 2012, and ending on December 
                31, 2025, of the following matters:
                            (i) The impacted units that would likely 
                        retire due to the cumulative compliance costs 
                        of the Federal regulatory mandates.
                            (ii) The amount by which average retail 
                        electricity prices are forecasted to increase 
                        above inflation as a result of--
                                    (I) the cumulative compliance costs 
                                of the Federal regulatory mandates;
                                    (II) the retirement of electric 
                                generating units that are impacted 
                                units described in clause (i); and
                                    (III) other direct and indirect 
                                impacts that are expected to result 
                                from the cumulative compliance 
                                obligations of the Federal regulatory 
                                mandates.
                            (iii) The amount by which average retail 
                        transportation fuel and heating oil prices are 
                        forecasted to increase above inflation as a 
                        result of--
                                    (I) the cumulative compliance costs 
                                of the Federal regulatory mandates;
                                    (II) the retirement or closure of 
                                domestic refineries that are impacted 
                                units described in clause (i);
                                    (III) the likely foreign-sourced 
                                replacement for the transportation 
                                fuels and heating oil supplies loss 
                                caused by the retirements or closures 
                                identified under subclause (II); and
                                    (IV) other direct and indirect 
                                impacts that are expected to result 
                                from the cumulative compliance 
                                obligations of the Federal regulatory 
                                mandates.
                            (iv) The amount by which average 
                        petrochemical prices are forecasted to increase 
                        above inflation as a result of--
                                    (I) the cumulative compliance costs 
                                of the Federal regulatory mandates;
                                    (II) the retirement or closure of 
                                domestic petrochemical facilities that 
                                are impacted units described in clause 
                                (i);
                                    (III) the likely foreign-sourced 
                                replacement for the petrochemical 
                                supplies loss caused by the retirements 
                                or closures identified under subclause 
                                (II); and
                                    (IV) other direct and indirect 
                                impacts that are expected to result 
                                from the cumulative compliance 
                                obligations of the Federal regulatory 
                                mandates.
                            (v) The direct and indirect adverse impacts 
                        on the economies of local communities that are 
                        projected to result from the retirement of 
                        impacted units described in clause (i) and 
                        increased retail electricity, transportation 
                        fuels, heating oil, and petrochemical prices 
                        that are forecasted under clause (ii), 
                        including--
                                    (I) loss of jobs, including jobs 
                                that would be lost that relate directly 
                                or indirectly to coal production or 
                                petroleum refining;
                                    (II) reduction in State and local 
                                tax revenues;
                                    (III) harm to small businesses;
                                    (IV) harm to consumers;
                                    (V) reduction in--
                                            (aa) the production and use 
                                        of coal; and
                                            (bb) the domestic 
                                        production of transportation 
                                        fuels, heating oil, and 
                                        petrochemicals in the United 
                                        States; and
                                    (VI) other resulting adverse 
                                economic or energy impacts.
                            (vi) The extent to which the direct and 
                        indirect adverse economic impacts identified 
                        under clause (v) can be mitigated through the 
                        creation of additional jobs and new economic 
                        growth as a result of renewable energy 
                        projects, energy efficiency measures, and other 
                        such energy construction projects that are 
                        projected to be undertaken in order to meet 
                        future energy demands.
                            (vii) The cumulative effects of Federal 
                        regulatory mandates on the ability of 
                        industries and businesses in the United States 
                        to compete with industries and businesses in 
                        other countries, with respect to 
                        competitiveness in both domestic and foreign 
                        markets.
                            (viii) The regions of the United States 
                        that are forecasted to be--
                                    (I) most affected from the direct 
                                and indirect adverse impacts from the 
                                retirement of impacted units and 
                                increased retail electricity, 
                                transportation fuels, heating oil, and 
                                petrochemicals price, as identified 
                                under clause (v); and
                                    (II) least affected from such 
                                adverse impacts due to the creation of 
                                new jobs and economic growth that are 
                                expected to result directly and 
                                indirectly from the energy construction 
                                projects, as identified under clause 
                                (vi).
                            (ix) The cumulative effects of the Federal 
                        regulatory mandates on the electric power 
                        sector, including--
                                    (I) adverse impacts on electric 
                                reliability that are expected to result 
                                from the retirement of electric 
                                generating units identified under 
                                clause (i);
                                    (II) the geographical distribution 
                                of the projected adverse electric 
                                reliability impacts identified in 
                                subclause (I), according to the regions 
                                established by North American Electric 
                                Reliability Corporation; and
                                    (III) an assessment of whether 
                                current plans to expand electricity 
                                generation and transmission 
                                capabilities for each particular region 
                                can be optimized to mitigate those 
                                projected adverse reliability impacts.
                            (x) Federal, State, and local policies that 
                        have been or will be implemented to foster a 
                        transition in energy infrastructure in the 
                        United States, including those policies that 
                        promote fuel diversity, affordable and reliable 
                        electricity, and energy security.
            (2) Consultation with state and local governments.--The 
        Committee shall consult with representatives of State and local 
        governments--
                    (A) to identify potential adverse cumulative 
                impacts of the Federal regulatory mandates that have 
                unique or significant repercussions for each particular 
                region of the United States; and
                    (B) to investigate opportunities and strategies for 
                mitigating the adverse impacts and repercussions 
                identified under subparagraph (A).
            (3) Methodology.--The Committee shall--
                    (A) use the best available information and peer-
                reviewed economic models in performing the cumulative 
                regulatory impact assessment under this subsection; and
                    (B) seek public comment on the cost, energy, and 
                other modeling assumptions used in performing the 
                assessment.
            (4) Public notice and comment.--The Committee shall provide 
        public notice and the opportunity for comment on a draft 
        cumulative regulatory impact assessment to be prepared under 
        this subsection.
            (5) Report to congress and states.--Not later than August 
        1, 2012, the Committee shall submit to Congress and the 
        Governor of each State a detailed report of the cumulative 
        assessment performed under this subsection.

SEC. 102. ADDITIONAL PROVISIONS RELATING TO CERTAIN RULES.

    (a) Cross-State Air Pollution Rule/Transport Rule.--
            (1) Earlier rules.--The rule entitled ``Federal 
        Implementation Plans: Interstate Transport of Fine Particulate 
        Matter and Ozone and Correction of SIP Approvals'' (76 Fed. 
        Reg. 48208 (August 8, 2011)), and any successor or 
        substantially similar rule, shall be--
                    (A) of no force or effect; and
                    (B) treated as though the rule had never taken 
                effect.
            (2) Continued applicability of clean air interstate rule.--
        In place of any rule described in paragraph (1), the 
        Administrator shall continue to implement the Clean Air 
        Interstate Rule.
            (3) Additional rulemakings.--
                    (A) Issuance of new rules.--The Administrator 
                shall--
                            (i) not issue any proposed or final rule 
                        under section 110(a)(2)(D)(i)(I) or section 126 
                        of the Clean Air Act (42 U.S.C. 
                        7410(a)(2)(D)(i)(I), 7426) relating to national 
                        ambient air quality standards for ozone or 
                        particulate matter (including any modification 
                        of the Clean Air Interstate Rule) before the 
                        date that is 3 years after the date on which 
                        the Committee submits the final report under 
                        section 101(e)(5); and
                            (ii) in issuing any rule described in 
                        clause (i)--
                                    (I) base the rule on actual 
                                monitored (and not modeled) data; and
                                    (II) notwithstanding section 
                                110(a)(2)(D)(i)(I) of the Clean Air Act 
                                (42 U.S.C. 7410(a)(2)(D)(i)(I)), allow 
                                the trading of emission allowances 
                                among entities covered by the rule 
                                irrespective of the States in which the 
                                entities are located.
                    (B) Implementation schedule.--In promulgating any 
                final rule described in subparagraph (A)(i), the 
                Administrator shall establish a date for State 
                implementation of the standards established by the 
                final rule that is not earlier than 3 years after the 
                date of publication of the final rule.
    (b) Steam Generating Unit Rules.--
            (1) Earlier rules.--
                    (A) In general.--The proposed rule entitled 
                ``National Emission Standards for Hazardous Air 
                Pollutants From Coal- and Oil-Fired Electric Utility 
                Steam Generating Units and Standards of Performance for 
                Fossil-Fuel-Fired Electric Utility, Industrial-
                Commercial-Institutional, and Small Industrial-
                Commercial-Institutional Steam Generating Units'' (76 
                Fed. Reg. 24976 (May 3, 2011)), and any final rule that 
                is based on that proposed rule and promulgated prior to 
                the date of enactment of this Act, shall be--
                            (i) of no force and effect; and
                            (ii) treated as though the proposed or 
                        final rule had never been issued or 
                        promulgated.
                    (B) Analyses.--In conducting analyses under section 
                101(e)(1)(B), the Committee shall analyze the rules 
                described in subparagraph (A) (including any successor 
                or substantially similar rules) as if subparagraph (A) 
                did not apply to the rules.
            (2) Promulgation of final rules.--In place of the rules 
        described in paragraph (1), the Administrator shall 
        promulgate--
                    (A) regulations establishing national emission 
                standards for coal-and oil-fired electric utility steam 
                generating units under section 112 of the Clean Air Act 
                (42 U.S.C. 7412) with respect to each hazardous air 
                pollutant for which the Administrator determines that 
                regulations are appropriate and necessary pursuant to 
                section 112(n)(1)(A) of that Act (42 U.S.C. 
                7412(n)(1)(A));
                    (B) regulations establishing standards of 
                performance for fossil-fuel-fired electric utility, 
                industrial-commercial-institutional, and small 
                industrial-commercial-institutional steam generating 
                units under section 111 of the Clean Air Act (42 U.S.C. 
                7411); and
                    (C) the final regulations required by subparagraphs 
                (A) and (B)--
                            (i) after issuing proposed regulations 
                        under those subparagraphs;
                            (ii) after consideration of the final 
                        report submitted under section 101(e)(5); and
                            (iii) not earlier than the date that is 1 
                        year after the date on which the Committee 
                        submits that report to Congress (or on such 
                        later date as may be determined by the 
                        Administrator).
            (3) Compliance provisions.--
                    (A) Establishment of compliance dates.--In 
                promulgating the regulations under paragraph (2), the 
                Administrator shall--
                            (i) establish a date for compliance with 
                        the standards and requirements under the 
                        regulations that is not earlier than 5 years 
                        after the effective date of the regulations; 
                        and
                            (ii) in establishing a date for that 
                        compliance, take into consideration--
                                    (I) the costs of achieving emission 
                                reductions;
                                    (II) any non-air quality health and 
                                environmental impact and energy 
                                requirements of the standards and 
                                requirements;
                                    (III) the feasibility of 
                                implementing the standards and 
                                requirements, including the time 
                                needed--
                                            (aa) to obtain necessary 
                                        permit approvals; and
                                            (bb) to procure, install, 
                                        and test control equipment;
                                    (IV) the availability of equipment, 
                                suppliers, and labor, given the 
                                requirements of the regulations and 
                                other proposed or finalized 
                                regulations; and
                                    (V) potential net employment 
                                impacts.
                    (B) New sources.--With respect to the regulations 
                promulgated pursuant to paragraph (2)--
                            (i) the date on which the Administrator 
                        proposes a regulation pursuant to paragraph 
                        (2)(A) establishing an emission standard under 
                        section 112 of the Clean Air Act (42 U.S.C. 
                        7412) shall be treated as the date on which the 
                        Administrator first proposes such a regulation 
                        for purposes of applying the definition of a 
                        new source under section 112(a)(4) of that Act 
                        (42 U.S.C. 7412(a)(4));
                            (ii) the date on which the Administrator 
                        proposes a regulation pursuant to paragraph 
                        (2)(B) establishing a standard of performance 
                        under section 111 of the Clean Air Act (42 
                        U.S.C. 7411) shall be treated as the date on 
                        which the Administrator proposes such a 
                        regulation for purposes of applying the 
                        definition of a new source under section 
                        111(a)(2) of that Act (42 U.S.C. 7411(a)(2));
                            (iii) for purposes of any emission standard 
                        or limitation applicable to electric utility 
                        steam generating units, the term ``new source'' 
                        shall mean a stationary source for which a 
                        preconstruction permit or other preconstruction 
                        approval required under the Clean Air Act (42 
                        U.S.C. 7401 et seq.) has been issued after the 
                        effective date of the emission standard or 
                        limitation; and
                            (iv) for purposes of clause (iii), the date 
                        of issuance of a preconstruction permit or 
                        other preconstruction approval is deemed to be 
                        the date on which the permit or approval is 
                        issued to the applicant irrespective of any 
                        administrative or judicial review occurring 
                        after that date.
                    (C) Rule of construction.--Nothing in this 
                subsection restricts or otherwise affects paragraphs 
                (3)(B) and (4) of section 112(i) of the Clean Air Act 
                (42 U.S.C. 7412(i)).
            (4) Other provisions.--
                    (A) Establishment of standards achievable in 
                practice.--
                            (i) In general.--The regulations 
                        promulgated pursuant to paragraph (2)(A) shall 
                        apply to section 112(d)(3) of the Clean Air Act 
                        (42 U.S.C. 7412(d)(3)) in accordance with 
                        clauses (ii) and (iii).
                            (ii) New sources.--With respect to new 
                        sources--
                                    (I) the Administrator shall 
                                identify the best-controlled similar 
                                source for each source category or 
                                subcategory; and
                                    (II) the best-controlled similar 
                                source for a category or subcategory 
                                shall be the single source that is 
                                determined by the Administrator to be 
                                the best controlled, in the aggregate, 
                                for all of the hazardous air pollutants 
                                for which the Administrator intends to 
                                issue standards for the source category 
                                or subcategory, under actual operating 
                                conditions, taking into account the 
                                variability in actual source 
                                performance, source design, fuels, 
                                controls, ability to measure pollutant 
                                emissions, and operating conditions.
                            (iii) Existing sources.--With respect to 
                        existing sources--
                                    (I) the Administrator shall 
                                identify 1 group of sources that 
                                constitutes the best-performing 12 
                                percent of existing sources for each 
                                source category or subcategory; and
                                    (II) the group constituting the 
                                best-performing 12 percent of existing 
                                sources for a category or subcategory 
                                shall be the single group that is 
                                determined by the Administrator to be 
                                the best performing, in the aggregate, 
                                for all of the hazardous air pollutants 
                                for which the Administrator intends to 
                                issue standards for the source category 
                                or subcategory, under actual operating 
                                conditions, taking into account the 
                                variability in actual source 
                                performance, source design, fuels, 
                                controls, ability to measure pollutant 
                                emissions, and operating conditions.
                    (B) Regulatory alternatives.--For the regulations 
                promulgated pursuant to paragraph (2), from among the 
                range of regulatory alternatives authorized under the 
                Clean Air Act (42 U.S.C. 7401 et seq.), including work 
                practice standards under section 112(h) of that Act (42 
                U.S.C. 7412(h)), the Administrator shall impose the 
                least burdensome, consistent with the purposes of that 
                Act and Executive Order No. 13563 (76 Fed. Reg. 3821 
                (January 21, 2011)).

SEC. 103. CONSIDERATION OF FEASIBILITY AND COST IN ESTABLISHING 
              NATIONAL AMBIENT AIR QUALITY STANDARDS.

    In establishing any national primary or secondary ambient air 
quality standard under section 109 of the Clean Air Act (42 U.S.C. 
7409), the Administrator shall take into consideration feasibility and 
cost.

                      TITLE II--REGULATORY RELIEF

SEC. 201. LEGISLATIVE STAY.

    (a) Rules Relating to Cement Manufacturing, Boilers, Process 
Heaters, and Solid Waste Incinerators.--
            (1) Establishment of standards.--In lieu of the rules 
        specified in paragraph (2)(B), and notwithstanding the date by 
        which those rules would otherwise be required to be 
        promulgated, the Administrator shall--
                    (A) propose regulations for the Portland cement 
                manufacturing industry and Portland cement plants, and 
                for industrial, commercial, and institutional boilers 
                and process heaters, and commercial and industrial 
                solid waste incinerator units that are subject to any 
                of the rules specified in paragraph (2)(B), that--
                            (i) establish maximum achievable control 
                        technology standards, performance standards, 
                        and other requirements under sections 112 and 
                        129, as applicable, of the Clean Air Act (42 
                        U.S.C. 7412, 7429); and
                            (ii) identify nonhazardous secondary 
                        materials that, when used as fuels in 
                        combustion units of that industry and those 
                        plants, boilers, heaters, and units, qualify as 
                        solid waste under the Solid Waste Disposal Act 
                        (42 U.S.C. 6901 et seq.) for purposes of 
                        determining the extent to which the combustion 
                        units are required to meet the emission 
                        standards under section 112 or 129 of the Clean 
                        Air Act (42 U.S.C. 7412, 7429); and
                    (B) promulgate final versions of those regulations 
                by not later than--
                            (i) the date that is 15 months after the 
                        date of enactment of this Act; or
                            (ii) such later date as may be determined 
                        by the Administrator.
            (2) Stay of certain rules.--
                    (A) In general.--The final rules described in 
                subparagraph (B) shall be--
                            (i) of no force or effect;
                            (ii) treated as though the rule had never 
                        taken effect; and
                            (iii) replaced in accordance with paragraph 
                        (1).
                    (B) Description of rules.--The rules referred to in 
                subparagraph (A) are--
                            (i) the final rule entitled ``National 
                        Emission Standards for Hazardous Air Pollutants 
                        from the Portland Cement Manufacturing Industry 
                        and Standards of Performance for Portland 
                        Cement Plants'' (75 Fed. Reg. 54970 (September 
                        9, 2010));
                            (ii) the final rule entitled ``Standards of 
                        Performance for New Stationary Sources and 
                        Emission Guidelines for Existing Sources: 
                        Commercial and Industrial Solid Waste 
                        Incineration Units'' (76 Fed. Reg. 15704 (March 
                        21, 2011));
                            (iii) the final rule entitled 
                        ``Identification of Non-Hazardous Secondary 
                        Materials That Are Solid Waste'' (76 Fed. Reg. 
                        15456 (March 21, 2011));
                            (iv) the final rule entitled ``National 
                        Emission Standards for Hazardous Air Pollutants 
                        for Major Sources: Industrial, Commercial, and 
                        Institutional Boilers and Process Heaters'' (76 
                        Fed. Reg. 15608 (March 21, 2011));
                            (v) the final rule entitled ``National 
                        Emission Standards for Hazardous Air Pollutants 
                        for Area Sources: Industrial, Commercial, and 
                        Institutional Boilers'' (76 Fed. Reg. 15554 
                        (March 21, 2011));
                            (vi) the final rule entitled ``Standards of 
                        Performance for New Stationary Sources and 
                        Emission Guidelines for Existing Sources: 
                        Commercial and Industrial Solid Waste 
                        Incineration Units'' (76 Fed. Reg. 15704 (March 
                        21, 2011)); and
                            (vii) the final rule entitled 
                        ``Identification of Non-Hazardous Secondary 
                        Materials That Are Solid Waste'' (76 Fed. Reg. 
                        15456 (March 21, 2011)).
    (b) Inapplicability of Certain Provisions.--With respect to any 
standard required by subsection (a)(1) to be promulgated in regulations 
under section 112 of the Clean Air Act (42 U.S.C. 7412), the provisions 
of subsections (g)(2) and (j) of that section shall not apply prior to 
the effective date of the standard specified in those regulations.

SEC. 202. COMPLIANCE DATES.

    (a) Establishment of Compliance Dates.--For each regulation 
promulgated pursuant to section 201, the Administrator--
            (1) shall establish a date for compliance with standards 
        and requirements under the regulation that is, notwithstanding 
        any other provision of law, not earlier than 5 years after the 
        effective date of the regulation; and
            (2) in proposing a date for that compliance, shall take 
        into consideration--
                    (A) the costs of achieving emission reductions;
                    (B) any non-air quality health and environmental 
                impact and energy requirements of the standards and 
                requirements;
                    (C) the feasibility of implementing the standards 
                and requirements, including the time necessary--
                            (i) to obtain necessary permit approvals; 
                        and
                            (ii) to procure, install, and test control 
                        equipment;
                    (D) the availability of equipment, suppliers, and 
                labor, given the requirements of the regulation and 
                other proposed or finalized regulations of the 
                Administrator; and
                    (E) potential net employment impacts.
    (b) New Sources.--The date on which the Administrator proposes a 
regulation pursuant to section 201 establishing an emission standard 
under section 112 or 129 of the Clean Air Act (42 U.S.C. 7412, 7429) 
shall be treated as the date on which the Administrator first proposes 
such a regulation for purposes of applying--
            (1) the definition of the term ``new source'' under section 
        112(a)(4) of that Act (42 U.S.C. 7412(a)(4)); or
            (2) the definition of the term ``new solid waste 
        incineration unit'' under section 129(g)(2) of that Act (42 
        U.S.C. 7429(g)(2)).
    (c) Rule of Construction.--Nothing in this Act restricts or 
otherwise affects paragraphs (3)(B) and (4) of section 112(i) of the 
Clean Air Act (42 U.S.C. 7412(i)).

SEC. 203. ENERGY RECOVERY AND CONSERVATION.

    Notwithstanding any other provision of law, and to ensure the 
recovery and conservation of energy consistent with the Solid Waste 
Disposal Act (42 U.S.C. 6901 et seq.), in promulgating regulations 
under section 201 addressing the subject matter of the rules specified 
in paragraph (2) of each of those subsections, the Administrator 
shall--
            (1) adopt the definitions of the terms ``commercial and 
        industrial solid waste incineration unit'', ``commercial and 
        industrial waste'', and ``contained gaseous material'' in the 
        rule entitled ``Standards for Performance of New Stationary 
        Sources and Emission Guidelines for Existing Sources: 
        Commercial and Industrial Solid Waste Incineration Units'' (65 
        Fed. Reg. 75338 (December 1, 2000)); and
            (2) identify nonhazardous secondary material to be solid 
        waste (as defined in section 1004 of the Solid Waste Disposal 
        Act (42 U.S.C. 6903)) only if--
                    (A) the material meets that definition of 
                commercial and industrial waste; or
                    (B) if the material is a gas, the material meets 
                that definition of contained gaseous material.

SEC. 204. OTHER PROVISIONS.

    (a) Establishment of Standards Achievable in Practice.--In 
promulgating regulations under section 201, the Administrator shall 
ensure, to the maximum extent practicable, that emission standards for 
existing and new sources established under section 112 or 129 of the 
Clean Air Act (42 U.S.C. 7412, 7429), as applicable, can be met under 
actual operating conditions consistently and concurrently with emission 
standards for all other air pollutants covered by regulations 
applicable to the source category, taking into account--
            (1) variability in actual source performance;
            (2) source design;
            (3) fuels;
            (4) inputs;
            (5) controls;
            (6) ability to measure the pollutant emissions; and
            (7) operating conditions.
    (b) Regulatory Alternatives.--For each regulation promulgated under 
section 201, from among the range of regulatory alternatives authorized 
under the Clean Air Act (42 U.S.C. 7401 et seq.), including work 
practice standards under section 112(h) of that Act (42 U.S.C. 
7412(h)), the Administrator shall impose the least burdensome, 
consistent with the purposes of that Act and Executive Order 13563 (76 
Fed. Reg. 3821 (January 21, 2011)).

             TITLE III--COAL RESIDUALS REUSE AND MANAGEMENT

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Coal Residuals Reuse and 
Management Act''.

SEC. 302. AMENDMENT TO SUBTITLE D OF THE SOLID WASTE DISPOSAL ACT.

    (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 
U.S.C. 6941 et seq.) is amended by adding at the end the following:

``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.--
                    ``(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 implementing the coal combustion 
                residuals permit program shall submit to the 
                Administrator a certification that such coal combustion 
                residuals permit program meets the specifications 
                described 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 program;
                            ``(iii) a narrative description that 
                        provides an explanation of how the State will 
                        ensure that the coal combustion residuals 
                        permit program meets the requirements of this 
                        section, including a description of the 
                        State's--
                                    ``(I) process to inspect or 
                                otherwise determine compliance with 
                                such permit program;
                                    ``(II) process to enforce the 
                                requirements of such permit program; 
                                and
                                    ``(III) public participation 
                                process for the promulgation, 
                                amendment, or repeal of regulations 
                                for, and the issuance of permits under, 
                                such permit program;
                            ``(iv) a legal certification that the State 
                        has, at the time of certification, fully 
                        effective statutes or regulations necessary to 
                        implement a coal combustion residuals permit 
                        program that meets the specifications described 
                        in subsection (c)(1); and
                            ``(v) copies of State statutes and 
                        regulations described in clause (iv).
            ``(3) Maintenance of 4005(c) or 3006 program.--In order to 
        adopt or implement a coal combustion residuals permit program 
        under this section (including pursuant to subsection (f)), the 
        State agency responsible for implementing a coal combustion 
        residuals permit 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) Minimum requirements.--The specifications described 
        in this subsection for a coal combustion residuals permit 
        program are as follows:
                    ``(A) The revised criteria described in paragraph 
                (2) shall apply to a coal combustion residuals 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, designed, 
                constructed, and maintained to provide for containment 
                of the maximum volumes of coal combustion residuals 
                appropriate for the structure. If a structure is 
                determined by the head of the agency responsible for 
                implementing the coal combustion residuals permit 
                program to be deficient, the head of such agency has 
                authority to require action to correct the deficiency 
                according to a schedule determined by such agency. If 
                the identified deficiency is not corrected according to 
                such schedule, 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 promulgated pursuant 
                to section 4010(c) for location, design, groundwater 
                monitoring, corrective action, financial assurance, 
                closure, and post-closure described in paragraph (2) 
                and the specifications described in this paragraph to 
                surface impoundments.
                    ``(D) If a structure that is classified as posing a 
                high hazard potential pursuant to the guidelines 
                published by the Federal Emergency Management Agency 
                entitled `Federal Guidelines for Dam Safety: Hazard 
                Potential Classification System for Dams' (FEMA 
                Publication Number 333) is determined by the head of 
                the agency responsible for implementing the coal 
                combustion residuals permit program to be deficient 
                with respect to the structural integrity requirement in 
                subparagraph (B), the head of such agency has authority 
                to require action to correct the deficiency according 
                to a schedule determined by such agency. If the 
                identified deficiency is not corrected according to 
                such schedule, the head of such agency has authority to 
                require that the structure close in accordance with 
                subsection (h).
                    ``(E) In the case of a coal combustion residuals 
                permit program implemented by a State, the State has 
                the authority to inspect structures and implement and 
                enforce such permit program.
                    ``(F) In the case of a coal combustion residuals 
                permit program implemented by a State, the State has 
                the authority to address wind dispersal of dust from 
                coal combustion residuals by requiring dust control 
                measures, as determined appropriate by the head of the 
                lead State agency responsible for implementing the coal 
                combustion residuals permit program.
            ``(2) Revised criteria.--The revised criteria described in 
        this paragraph are--
                    ``(A) the revised criteria for design, groundwater 
                monitoring, corrective action, closure, and post-
                closure, for structures, including--
                            ``(i) for new structures, and lateral 
                        expansions of existing structures, that first 
                        receive coal combustion residuals after the 
                        date of enactment of this section, the revised 
                        criteria regarding design requirements 
                        described in section 258.40 of title 40, Code 
                        of Federal Regulations; and
                            ``(ii) for all structures that receive coal 
                        combustion residuals after the date of 
                        enactment of this section, the revised criteria 
                        regarding groundwater monitoring and corrective 
                        action requirements described in subpart E of 
                        part 258 of title 40, Code of Federal 
                        Regulations, except that, for the purposes of 
                        this paragraph, such revised criteria shall 
                        also include--
                                    ``(I) for the purposes of detection 
                                monitoring, the constituents boron, 
                                chloride, conductivity, fluoride, 
                                mercury, pH, sulfate, sulfide, and 
                                total dissolved solids; and
                                    ``(II) for the purposes of 
                                assessment monitoring, the constituents 
                                aluminum, boron, chloride, fluoride, 
                                iron, manganese, molybdenum, pH, 
                                sulfate, and total dissolved solids;
                    ``(B) the revised criteria for location 
                restrictions described in--
                            ``(i) for new structures, and lateral 
                        expansions of existing structures, that first 
                        receive coal combustion residuals after the 
                        date of enactment of this section, sections 
                        258.11 through 258.15 of title 40, Code of 
                        Federal Regulations; and
                            ``(ii) for existing structures that receive 
                        coal combustion residuals after the date of 
                        enactment of this section, sections 258.11 and 
                        258.15 of title 40, Code of Federal 
                        Regulations;
                    ``(C) for all structures that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for air quality 
                described in section 258.24 of title 40, Code of 
                Federal Regulations;
                    ``(D) for all structures that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for financial 
                assurance described in subpart G of part 258 of title 
                40, Code of Federal Regulations;
                    ``(E) for all structures that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for surface water 
                described in section 258.27 of title 40, Code of 
                Federal Regulations;
                    ``(F) for all structures that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for recordkeeping 
                described in section 258.29 of title 40, Code of 
                Federal Regulations;
                    ``(G) for landfills and other land-based units, 
                other than surface impoundments, that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for run-on and run-
                off control systems described in section 258.26 of 
                title 40, Code of Federal Regulations; and
                    ``(H) for surface impoundments that receive coal 
                combustion residuals after the date of enactment of 
                this section, the revised criteria for run-off control 
                systems described in section 258.26(a)(2) of title 40, 
                Code of Federal Regulations.
            ``(3) Applicability of certain requirements.--A State may 
        determine that one or more of the requirements of the revised 
        criteria described in paragraph (2) is not needed for the 
        management of coal combustion residuals in that State, and may 
        decline to apply such requirement as part of its coal 
        combustion residuals permit program. If a State declines to 
        apply a requirement under this paragraph, the State shall 
        include in the certification under subsection (b)(2) a 
        description of such requirement and the reasons such 
        requirement is not needed in the State. If the Administrator, 
        taking into account only the revised criteria that the State 
        determines to be needed under this section, determines that a 
        State determination under this paragraph does not accurately 
        reflect the needs for the management of coal combustion 
        residuals in the State, the Administrator may treat such State 
        determination as a deficiency under subsection (d).
    ``(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 at any time the State--
                    ``(A) does not satisfy the notification requirement 
                under subsection (b)(1);
                    ``(B) has not submitted a certification under 
                subsection (b)(2);
                    ``(C) does not satisfy the maintenance requirement 
                under subsection (b)(3); or
                    ``(D) is not implementing a coal combustion 
                residuals permit program that meets the specifications 
                described in subsection (c)(1).
            ``(2) Contents of notice; deadline for response.--A notice 
        provided under this subsection shall--
                    ``(A) include findings of the Administrator 
                detailing any applicable deficiencies in--
                            ``(i) compliance by the State with the 
                        notification requirement under subsection 
                        (b)(1);
                            ``(ii) compliance by the State with the 
                        certification requirement under subsection 
                        (b)(2);
                            ``(iii) compliance by the State with the 
                        maintenance requirement under subsection 
                        (b)(3); and
                            ``(iv) the State coal combustion residuals 
                        permit program in meeting the specifications 
                        described in subsection (c)(1); 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 remedy the deficiencies detailed under 
                subparagraph (A).
    ``(e) Implementation by Administrator.--
            ``(1) In general.--The Administrator shall implement a coal 
        combustion residuals permit program for a State only in the 
        following circumstances:
                    ``(A) 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.
                    ``(B) If such State has received a notice under 
                subsection (d) and, after any review brought by the 
                State under section 7006, fails, by the deadline 
                identified in such notice under subsection (d)(2)(B), 
                to remedy the deficiencies detailed in such notice 
                under subsection (d)(2)(A).
                    ``(C) If such State informs the Administrator, in 
                writing, that such State will no longer implement such 
                a permit program.
            ``(2) Requirements.--If the Administrator implements a coal 
        combustion residuals permit program for a State under paragraph 
        (1), such permit program shall consist of the specifications 
        described in subsection (c)(1).
            ``(3) Enforcement.--If the Administrator implements a coal 
        combustion residuals permit program for a State under paragraph 
        (1), the authorities referred to in section 4005(c)(2)(A) shall 
        apply with respect to coal combustion residuals and structures 
        and the Administrator may use such authorities to inspect, 
        gather information, and enforce the requirements of this 
        section in the State.
    ``(f) State Control After Implementation by Administrator.--
            ``(1) State control.--
                    ``(A) New adoption and implementation by state.--
                For a State for which the Administrator is implementing 
                a coal combustion residuals permit program under 
                subsection (e)(1)(A), 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;
                            ``(ii) not later than 6 months after the 
                        date of such notification, submitting to the 
                        Administrator a certification under subsection 
                        (b)(2); and
                            ``(iii) receiving from the Administrator--
                                    ``(I) a determination that the 
                                State coal combustion residuals permit 
                                program meets the specifications 
                                described in subsection (c)(1); and
                                    ``(II) a timeline for transition of 
                                control of the coal combustion 
                                residuals permit program.
                    ``(B) Remedying deficient permit program.--For a 
                State for which the Administrator is implementing a 
                coal combustion residuals permit program under 
                subsection (e)(1)(B), 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); and
                            ``(ii) receiving from the Administrator--
                                    ``(I) a determination that the 
                                deficiencies detailed in such notice 
                                have been remedied; and
                                    ``(II) a timeline for transition of 
                                control of the coal combustion 
                                residuals permit program.
                    ``(C) Resumption of implementation by state.--For a 
                State for which the Administrator is implementing a 
                coal combustion residuals permit program under 
                subsection (e)(1)(C), 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;
                            ``(ii) not later than 6 months after the 
                        date of such notification, submitting to the 
                        Administrator a certification under subsection 
                        (b)(2); and
                            ``(iii) receiving from the Administrator--
                                    ``(I) a determination that the 
                                State coal combustion residuals permit 
                                program meets the specifications 
                                described in subsection (c)(1); and
                                    ``(II) a timeline for transition of 
                                control of the coal combustion 
                                residuals permit program.
            ``(2) Review of determination.--
                    ``(A) Determination required.--The Administrator 
                shall make a determination under paragraph (1) not 
                later than 90 days after the date on which the State 
                submits a certification under paragraph (1)(A)(ii) or 
                (1)(C)(ii), or notifies the Administrator that the 
                deficiencies have been remedied pursuant to paragraph 
                (1)(B)(i), as applicable.
                    ``(B) Review.--A State may obtain a review of a 
                determination by the Administrator under paragraph (1) 
                as if such determination was a final regulation for 
                purposes of section 7006.
            ``(3) Implementation during transition.--
                    ``(A) Effect on actions and orders.--Actions taken 
                or orders issued pursuant to a coal combustion 
                residuals permit program shall remain in effect if--
                            ``(i) a State takes control of its coal 
                        combustion residuals permit program from the 
                        Administrator under paragraph (1); or
                            ``(ii) the Administrator takes control of a 
                        coal combustion residuals permit program from a 
                        State under subsection (e).
                    ``(B) Change in requirements.--Subparagraph (A) 
                shall apply to such actions and orders until such time 
                as the Administrator or the head of the lead State 
                agency responsible for implementing the coal combustion 
                residuals permit program, as applicable--
                            ``(i) implements changes to the 
                        requirements of the coal combustion residuals 
                        permit program with respect to the basis for 
                        the action or order; or
                            ``(ii) certifies the completion of a 
                        corrective action that is the subject of the 
                        action or order.
            ``(4) 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 and method for the closure of such structure shall be set forth 
in a closure plan that establishes a deadline for completion and that 
takes into account the nature and the site-specific characteristics of 
the structure to be closed. In the case of a surface impoundment, the 
closure plan shall require, at a minimum, the removal of liquid and the 
stabilization of remaining waste, as necessary to support the final 
cover.
    ``(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 or broader in scope 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.
                    ``(C) Technical and enforcement assistance only 
                upon request.--Upon request from the head of a lead 
                State agency that is implementing a coal combustion 
                residuals permit program, the Administrator may provide 
                to such State agency only the technical or enforcement 
                assistance requested.
            ``(3) Citizen suits.--Nothing in this section shall be 
        construed to affect the authority of a person to commence a 
        civil action in accordance with section 7002.
    ``(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).''.
    (b) Conforming Amendment.--The table of contents contained in 
section 1001 of the Solid Waste Disposal Act is amended by inserting 
after the item relating to section 4010 the following:

``Sec. 4011. Management and disposal of coal combustion residuals.''.

SEC. 303. 2000 REGULATORY DETERMINATION.

    Nothing in this title, or the amendments made by this title, 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.).

SEC. 304. EFFECT OF TITLE.

    This title and the amendments made by this title--
            (1) supersede any regulations promulgated or being 
        developed as of the date of enactment of this Act relating to 
        coal combustion residuals; and
            (2) specifically exempt coal combustion residuals from 
        regulation under subtitle C of the Solid Waste Disposal Act (42 
        U.S.C. 6921 et seq.).

                      TITLE IV--THERMAL DISCHARGES

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Environmental Impact of Thermal 
Discharges Act of 2011''.

SEC. 402. THERMAL DISCHARGE.

    Section 316 of the Federal Water Pollution Control Act (33 U.S.C. 
1326) is amended by striking subsection (b) and inserting the 
following:
    ``(b) Cooling Water Intake Structures.--
            ``(1) Definition of state.--In this subsection, the term 
        `State' means a State authorized to administer a permit program 
        under section 402.
            ``(2) Standards.--
                    ``(A) Cooling water intake structures constructed 
                after january 17, 2002.--For any cooling water intake 
                structure that commences construction after January 17, 
                2002, any standard established under section 306 and 
                applicable to a point source shall require that the 
                location, design, construction, and capacity of the 
                cooling water intake structure reflect the best 
                technology available for reducing adverse environmental 
                impact.
                    ``(B) Cooling water intake structures constructed 
                on or before january 17, 2002.--For any cooling water 
                intake structure that commenced construction on or 
                before January 17, 2002, any standard established under 
                section 301 shall require that the location, design, 
                construction, and capacity of the cooling water intake 
                structure reflect the best technology available for 
                reducing adverse environmental impact.
            ``(3) Site-specific adverse environmental impact 
        determination.--
                    ``(A) In general.--Except as provided in 
                subparagraph (C), the Administrator or State, if 
                applicable, shall determine whether the cooling water 
                intake structure described in paragraph (2)(B) creates 
                an adverse environmental impact at the site in which 
                the cooling water intake structure is located.
                    ``(B) Shellfish, fish, or wildlife mortality.--
                            ``(i) In general.--In making the 
                        determination under subparagraph (A), 
                        shellfish, fish, or wildlife mortality shall 
                        not be considered an adverse environmental 
                        impact unless--
                                    ``(I) a demonstrable, quantifiable, 
                                and continuous decline in any 
                                shellfish, fish, or wildlife population 
                                occurs in or on the body of water on 
                                which the cooling water intake 
                                structure is located; and
                                    ``(II) the Administrator or State, 
                                as applicable, determines that the 
                                decline is specifically attributable to 
                                that cooling water intake structure.
                            ``(ii) Presumption; clear and convincing 
                        evidence.--In making the determination under 
                        clause (i)(II), the Administrator or State, as 
                        applicable, may presume that the cooling water 
                        intake structure is not causing an adverse 
                        environmental impact unless there is clear and 
                        convincing evidence to the contrary.
                    ``(C) Certain categories or classes of cooling 
                water intake structures.--The Administrator or State, 
                as applicable, shall not be required to make the 
                determination under subparagraph (A) for any category 
                or class of cooling water intake structure that the 
                Administrator or State, as applicable, determines, 
                because of the location, design, capacity, or other 
                factors, is unlikely to cause an adverse environmental 
                impact.
            ``(4) Site-specific selection of best technology 
        available.--For any cooling water intake structure described in 
        paragraph (2)(A), or if the Administrator or State, as 
        applicable, makes the determination described in paragraph 
        (3)(A), the Administrator or the State, as applicable, shall 
        select the best technology available for the cooling water 
        intake structure using a site-specific cost-benefit analysis 
        that ensures the benefits of the cooling water intake structure 
        technology selected justify the costs, taking into 
        consideration--
                    ``(A) any costs associated with any feasible 
                alternative cooling water intake structure technology;
                    ``(B) any likely environmental and economic 
                benefits;
                    ``(C) any nonwater quality environmental or water 
                consumption impacts;
                    ``(D) any energy requirements;
                    ``(E) the remaining useful life of equipment and 
                facilities involved;
                    ``(F) the process employed;
                    ``(G) the engineering aspects of the application of 
                various types of control techniques;
                    ``(H) electricity reliability impacts;
                    ``(I) land availability;
                    ``(J) lost revenues; and
                    ``(K) other factors that the Administrator or 
                State, as applicable, determines to be appropriate.
            ``(5) Alternative technologies.--Any owner or operator of 
        any cooling water intake structure described in paragraph (2) 
        may use restoration measures, including restocking fish and 
        shellfish, improving the surrounding habitat, and alternative 
        techniques in lieu of modifying the cooling water intake 
        structure if the Administrator or State, as applicable, 
        determines that the restoration measures achieve substantially 
        the same environmental benefits as the best technology 
        available selected under paragraph (4).
            ``(6) Credit for previously installed fish-protection 
        technology.--The Administrator or State, as applicable, shall 
        provide credit for any impingement or entrainment reductions 
        resulting from a previously installed fish-protection 
        technology, as the Administrator or State determines to be 
        appropriate.''.

SEC. 403. REGULATIONS.

    Effective beginning January 1, 2011--
            (1) the Administrator shall not promulgate any regulation 
        regarding cooling water intake structures that is inconsistent 
        with this title or an amendment made by this title; and
            (2) any regulation described in paragraph (1) that is 
        promulgated on or after January 1, 2011, and prior to the date 
        of enactment of this Act shall have no force or effect.
                                 <all>