[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2218 Placed on Calendar Senate (PCS)]
Calendar No. 153
113th CONGRESS
1st Session
H. R. 2218
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 29, 2013
Received; read the first time
July 30, 2013
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
To amend subtitle D of the Solid Waste Disposal Act to encourage
recovery and beneficial use of coal combustion residuals and establish
requirements for the proper management and disposal of coal combustion
residuals that are protective of human health and the environment.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Coal Residuals
Reuse and Management Act of 2013''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Management and disposal of coal combustion residuals.
Sec. 3. 2000 regulatory determination.
Sec. 4. Technical assistance.
Sec. 5. Federal Power Act.
SEC. 2. MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS.
(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, implement, and enforce a coal combustion residuals
permit program if such State provides the notification required under
subsection (b)(1), and the certification required under subsection
(b)(2).
``(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)(3)(B)), the Governor
of each State shall notify the Administrator, in writing,
whether such State will adopt and implement a coal combustion
residuals permit program.
``(2) Certification.--
``(A) In general.--Not later than 36 months after
the date of enactment of this section (except as
provided in subsection (f)(1)(A)), in the case of a
State that has notified the Administrator that it will
implement a coal combustion residuals permit program,
the head of the lead State implementing agency shall
submit to the Administrator a certification that such
coal combustion residuals permit program meets the
requirements described in subsection (c).
``(B) Contents.--A certification submitted under
this paragraph shall include--
``(i) a letter identifying the lead State
implementing agency, signed by the head of such
agency;
``(ii) identification of any other State
agencies involved with the implementation of
the coal combustion residuals permit program;
``(iii) an explanation of how the State
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;
``(III) public participation
process for the promulgation,
amendment, or repeal of regulations
for, and the issuance of permits under,
such permit program;
``(IV) statutes, regulations, or
policies pertaining to public access to
information, such as groundwater
monitoring data; and
``(V) statutes, regulations, or
policies pertaining to structural
integrity or dam safety that may be
applied to structures through such
permit program;
``(iv) a certification that the State has
in effect, at the time of certification,
statutes or regulations necessary to implement
a coal combustion residuals permit program that
meets the requirements described in subsection
(c);
``(v) copies of State statutes and
regulations described in clause (iv); and
``(vi) an emergency action plan for State
response to a leak or spill at a structure that
receives coal combustion residuals.
``(C) Updates.--A State may update the
certification as needed to reflect changes to the coal
combustion residuals permit program.
``(3) Maintenance of 4005(c) or 3006 program.--In order to
adopt or implement a coal combustion residuals permit program
under this section (including pursuant to subsection (f)), the
State implementing agency shall maintain an approved permit
program or other system of prior approval and conditions under
section 4005(c) or an authorized program under section 3006.
``(c) Requirements for a Coal Combustion Residuals Permit
Program.--A coal combustion residuals permit program shall consist of
the following:
``(1) General requirements.--
``(A) In general.--The implementing agency shall--
``(i) apply the subset of the revised
criteria described in paragraph (2) to owners
or operators of structures, including surface
impoundments, that receive coal combustion
residuals on or after the date of enactment of
this section;
``(ii) with respect to structures that are
receiving coal combustion residuals as of the
date of enactment of this section, take the
actions required under paragraph (3);
``(iii) impose requirements for surface
impoundments that do not meet certain criteria
pursuant to paragraph (4); and
``(iv) require that closure of structures
occur in accordance with paragraph (5).
``(B) Structural integrity.--
``(i) Engineering certification.--The
implementing agency shall require that an
independent registered professional engineer
certify that--
``(I) the design of each structure
that receives coal combustion residuals
on or after the date of enactment of
this section is in accordance with
recognized and generally accepted good
engineering practices for containment
of the maximum volume of coal
combustion residuals and liquids which
can be impounded therein; and
``(II) the construction and
maintenance of the structure will
ensure structural stability.
``(ii) Emergency action plan.--The
implementing agency shall require that the
owner or operator of any structure that is a
surface impoundment that receives coal
combustion residuals on or after the date of
enactment of this section and that is
classified by the State 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) prepare and
maintain an emergency action plan that
identifies responsible persons and actions to
be taken in the event of a dam safety
emergency.
``(iii) Inspection.--
``(I) In general.--The implementing
agency shall require that structures
that are surface impoundments that
receive coal combustion residuals on or
after the date of enactment of this
section be inspected not less than
annually by an independent registered
professional engineer to assure that
the design, operation, and maintenance
of the surface impoundment is in
accordance with recognized and
generally accepted good engineering
practices for containment of the
maximum volume of coal combustion
residuals and liquids which can be
impounded therein, so as to ensure dam
stability.
``(II) Potentially hazardous
conditions.--The implementing agency
shall require that if an inspection
under subclause (I), or a periodic
evaluation under clause (iv), reveals a
potentially hazardous condition, the
owner or operator of the structure
shall immediately take action to
mitigate the potentially hazardous
condition and notify appropriate State
and local first responders.
``(iv) Periodic evaluation.--The
implementing agency shall require that
structures that are surface impoundments that
receive coal combustion residuals on or after
the date of enactment of this section be
periodically evaluated for appearances of
structural weakness.
``(v) Deficiency.--
``(I) In general.--If the head of
the implementing agency determines that
a structure is deficient with respect
to the requirements in clause (i),
(iii), or (iv), the head of the agency
has the authority to require action to
correct the deficiency according to a
schedule determined by the agency.
``(II) Uncorrected deficiencies.--
If a deficiency is not corrected
according to the schedule, the head of
the implementing agency has the
authority to require that the structure
close in accordance with paragraph (5).
``(III) Dam safety consultation.--
In the case of a structure that is a
surface impoundment, the head of the
implementing agency shall, in making a
determination under subclause (I),
consult with appropriate State dam
safety officials.
``(C) Location.--The implementing agency shall
require that structures that first receive coal
combustion residuals on or after the date of enactment
of this section shall be constructed with a base
located a minimum of 2 feet above the upper limit of
the water table, unless it is demonstrated to the
satisfaction of the implementing agency that--
``(i) the hydrogeologic characteristics of
a structure and surrounding land would preclude
such a requirement; and
``(ii) the function and integrity of the
liner system will not be adversely impacted by
contact with the water table.
``(D) Wind dispersal.--
``(i) In general.--The implementing agency
shall require that owners or operators of
structures that receive coal combustion
residuals on or after the date of enactment of
this section address wind dispersal of dust by
requiring cover, or by wetting coal combustion
residuals with water to a moisture content that
prevents wind dispersal, facilitates
compaction, and does not result in free
liquids.
``(ii) Alternative methods.--Subject to the
review and approval by the implementing agency,
owners or operators of structures that receive
coal combustion residuals on or after the date
of enactment of this section may propose
alternative methods to address wind dispersal
of dust that will provide comparable or more
effective control of dust.
``(E) Permits.--The implementing agency shall
require that owners or operators of structures that
receive coal combustion residuals on or after the date
of enactment of this section apply for and obtain
permits incorporating the requirements of the coal
combustion residuals permit program.
``(F) Public availability of information.--Except
for information with respect to which disclosure is
prohibited under section 1905 of title 18, United
States Code, the implementing agency shall ensure
that--
``(i) documents for permit determinations
are made available for public review and
comment under the public participation process
described in subsection (b)(2)(B)(iii)(III) or
in subsection (e)(6), as applicable;
``(ii) final determinations on permit
applications are made known to the public; and
``(iii) groundwater monitoring data
collected under paragraph (2) is publicly
available.
``(G) Agency authority.--
``(i) In general.--The implementing agency
has the authority to--
``(I) obtain information necessary
to determine whether the owner or
operator of a structure is in
compliance with the requirements of
this subsection;
``(II) conduct or require
monitoring and testing to ensure that
structures are in compliance with the
requirements of this subsection; and
``(III) enter, at reasonable times,
any site or premise subject to the coal
combustion residuals permit program for
the purpose of inspecting structures
and reviewing records relevant to the
design, operation, and maintenance of
structures.
``(ii) Monitoring and testing.--If
monitoring or testing is conducted under clause
(i)(II) by or for the implementing agency, the
implementing agency shall, if requested,
provide to the owner or operator--
``(I) a written description of the
monitoring or testing completed;
``(II) at the time of sampling, a
portion of each sample equal in volume
or weight to the portion retained by or
for the implementing agency; and
``(III) a copy of the results of
any analysis of samples collected by or
for the implementing agency.
``(2) Revised criteria.--The subset of the revised criteria
referred to in paragraph (1)(A)(i) are as follows:
``(A) Design requirements.--For new structures, and
lateral expansions of existing structures, that first
receive coal combustion residuals on or 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, except
that the leachate collection system requirements
described in section 258.40(a)(2) of title 40, Code of
Federal Regulations, do not apply to structures that
are surface impoundments.
``(B) Groundwater monitoring and corrective
action.--For all structures that receive coal
combustion residuals on or 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 subparagraph, the 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, establishing a groundwater
protection standard, and assessment of
corrective measures, the constituents aluminum,
boron, chloride, fluoride, iron, manganese,
molybdenum, pH, sulfate, and total dissolved
solids.
``(C) Closure.--For all structures that receive
coal combustion residuals on or after the date of
enactment of this section, in a manner consistent with
paragraph (5), the revised criteria for closure
described in subsections (a) through (c) and (h)
through (j) of section 258.60 of title 40, Code of
Federal Regulations.
``(D) Post-closure.--For all structures that
receive coal combustion residuals on or after the date
of enactment of this section, the revised criteria for
post-closure care described in section 258.61 of title
40, Code of Federal Regulations, except for the
requirement described in subsection (a)(4) of that
section.
``(E) Location restrictions.--The revised criteria
for location restrictions described in--
``(i) for new structures, and lateral
expansions of existing structures, that first
receive coal combustion residuals on or 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 on or after the date
of enactment of this section, sections 258.11
and 258.15 of title 40, Code of Federal
Regulations.
``(F) Air quality.--For all structures that receive
coal combustion residuals on or 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.
``(G) Financial assurance.--For all structures that
receive coal combustion residuals on or 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.
``(H) Surface water.--For all structures that
receive coal combustion residuals on or 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.
``(I) Recordkeeping.--For all structures that
receive coal combustion residuals on or 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.
``(J) Run-on and run-off control systems for land-
based units.--For all landfills and other land-based
units, other than surface impoundments, that receive
coal combustion residuals on or 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.
``(K) Run-off control systems for surface
impoundments.--For all surface impoundments that
receive coal combustion residuals on or 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) Permit program implementation for existing
structures.--
``(A) Notification.--Not later than the date on
which a State submits a certification under subsection
(b)(2), not later than 30 months after the
Administrator receives notice under subsection
(e)(1)(A), or not later than 36 months after the date
of enactment of this section with respect to a coal
combustion residuals permit program that is being
implemented by the Administrator under subsection
(e)(3), as applicable, the implementing agency shall
notify owners or operators of structures that are
receiving coal combustion residuals as of the date of
enactment of this section within the State of--
``(i) the obligation to apply for and
obtain a permit under subparagraph (C); and
``(ii) the requirements referred to in
subparagraph (B).
``(B) Compliance with certain requirements.--Not
later than 12 months after the date on which a State
submits a certification under subsection (b)(2), not
later than 42 months after the Administrator receives
notice under subsection (e)(1)(A), or not later than 48
months after the date of enactment of this section with
respect to a coal combustion residuals permit program
that is being implemented by the Administrator under
subsection (e)(3), as applicable, the implementing
agency shall require owners or operators of structures
that are receiving coal combustion residuals as of the
date of enactment of this section to comply with--
``(i) the requirements under paragraphs
(1)(B)(ii) and (iii), (1)(D), (2)(B), (2)(F),
(2)(H), (2)(J), and (2)(K); and
``(ii) the groundwater recordkeeping
requirement described in section 258.29(a)(5)
of title 40, Code of Federal Regulations.
``(C) Permits.--
``(i) Permit deadline.--Not later than 48
months after the date on which a State submits
a certification under subsection (b)(2), not
later than 78 months after the Administrator
receives notice under subsection (e)(1)(A), or
not later than 84 months after the date of
enactment of this section with respect to a
coal combustion residuals permit program that
is being implemented by the Administrator under
subsection (e)(3), as applicable, the
implementing agency shall issue, with respect
to a structure that is receiving coal
combustion residuals as of the date of
enactment of this section, a final permit
incorporating the requirements of the coal
combustion residuals permit program, or a final
denial for an application submitted requesting
such a permit.
``(ii) Application deadline.--The
implementing agency shall identify, in
collaboration with the owner or operator of a
structure described in clause (i), a reasonable
deadline by which the owner or operator shall
submit a permit application under such clause.
``(D) Interim operation.--
``(i) Prior to deadlines.--With respect to
any period of time on or after the date of
enactment of this section but prior to the
applicable deadline in subparagraph (B), the
owner or operator of a structure that is
receiving coal combustion residuals as of the
date of enactment of this section may continue
to operate such structure until such applicable
deadline under the applicable authority in
effect.
``(ii) Prior to permit.--Unless the
implementing agency determines that the
structure should close pursuant to paragraph
(5), if the owner or operator of a structure
that is receiving coal combustion residuals as
of the date of enactment of this section meets
the requirements referred to in subparagraph
(B) by the applicable deadline in such
subparagraph, the owner or operator may operate
the structure until such time as the
implementing agency issues, under subparagraph
(C), a final permit incorporating the
requirements of the coal combustion residuals
permit program, or a final denial for an
application submitted requesting such a permit.
``(4) Requirements for surface impoundments that do not
meet certain criteria.--
``(A) Surface impoundments that require assessment
of corrective measures within 10 years of the date of
enactment.--
``(i) In general.--In addition to the
groundwater monitoring and corrective action
requirements described in paragraph (2)(B), the
implementing agency shall require a surface
impoundment that receives coal combustion
residuals on or after the date of enactment of
this section to comply with the requirements in
clause (ii) of this subparagraph and clauses
(i) and (ii) of subparagraph (D) if the surface
impoundment--
``(I) does not--
``(aa) have a liner system
described in section 258.40(b)
of title 40, Code of Federal
Regulations; and
``(bb) meet the design
criteria described in section
258.40(a)(1) of title 40, Code
of Federal Regulations; and
``(II) within 10 years after the
date of enactment of this section, is
required under section 258.56(a) of
title 40, Code of Federal Regulations,
to undergo an assessment of corrective
measures for any constituent covered
under subpart E of part 258 of title
40, Code of Federal Regulations, or
otherwise identified in paragraph
(2)(B)(ii) of this subsection, for
which assessment groundwater monitoring
is required.
``(ii) Deadline to meet groundwater
protection standard.--Except as provided in
subparagraph (C), the implementing agency shall
require that the groundwater protection
standard, for surface impoundments identified
in clause (i) of this subparagraph, established
by the implementing agency under section
258.55(h) or 258.55(i) of title 40, Code of
Federal Regulations, for any constituent for
which corrective measures are required shall be
met--
``(I) as soon as practicable at the
relevant point of compliance, as
described in section 258.40(d) of title
40, Code of Federal Regulations; and
``(II) not later than 10 years
after the date of enactment of this
section.
``(B) Surface impoundments subject to a state
corrective action requirement as of the date of
enactment.--
``(i) In general.--In addition to the
groundwater monitoring and corrective action
requirements described in paragraph (2)(B), the
implementing agency shall require a surface
impoundment that receives coal combustion
residuals on or after the date of enactment of
this section to comply with the requirements in
clause (ii) of this subparagraph and clauses
(i) and (ii) of subparagraph (D) if the surface
impoundment--
``(I) does not--
``(aa) have a liner system
described in section 258.40(b)
of title 40, Code of Federal
Regulations; and
``(bb) meet the design
criteria described in section
258.40(a)(1) of title 40, Code
of Federal Regulations; and
``(II) as of the date of enactment
of this section, is subject to a State
corrective action requirement.
``(ii) Deadline to meet groundwater
protection standard.--Except as provided in
subparagraph (C), the implementing agency shall
require that the groundwater protection
standard, for surface impoundments identified
in clause (i) of this subparagraph, established
by the implementing agency under section
258.55(h) or 258.55(i) of title 40, Code of
Federal Regulations, for any constituent for
which corrective measures are required shall be
met--
``(I) as soon as practicable at the
relevant point of compliance, as
described in section 258.40(d) of title
40, Code of Federal Regulations; and
``(II) not later than 8 years after
the date of enactment of this section.
``(C) Extension of deadline.--
``(i) In general.--Except as provided in
clause (ii) of this subparagraph, the deadline
for meeting a groundwater protection standard
under subparagraph (A)(ii) or (B)(ii) may be
extended by the implementing agency, after
opportunity for public notice and comment under
the public participation process described in
subsection (b)(2)(B)(iii)(III), or in
subsection (e)(6) based on--
``(I) the effectiveness of any
interim measures implemented by the
owner or operator of the facility under
section 258.58(a)(3) of title 40, Code
of Federal Regulations;
``(II) the level of progress
demonstrated in meeting the groundwater
protection standard;
``(III) the potential for other
adverse human health or environmental
exposures attributable to the
contamination from the surface
impoundment undergoing corrective
action; and
``(IV) the lack of available
alternative management capacity for the
coal combustion residuals and related
materials managed in the impoundment at
the facility at which the impoundment
is located if the owner or operator has
used best efforts, as necessary, to
design, obtain any necessary permits,
finance, construct, and render
operational the alternative management
capacity during the time period for
meeting a groundwater protection
standard in subparagraph (A)(ii) or
(B)(ii).
``(ii) Exception.--The deadline under
subparagraph (A)(ii) or (B)(ii) shall not be
extended if there has been contamination of
public or private drinking water systems
attributable to a surface impoundment
undergoing corrective action, unless the
contamination has been addressed by providing a
permanent replacement water system.
``(D) Additional requirements.--
``(i) Closure.--If the deadline under
subparagraph (A)(ii), (B)(ii), or (C) is not
satisfied, the surface impoundment shall cease
receiving coal combustion residuals and
initiate closure under paragraph (5).
``(ii) Interim measures.--
``(I) In general.--Except as
provided in subclause (II), not later
than 90 days after the date on which
the assessment of corrective measures
is initiated, the owner or operator of
a surface impoundment described in
subparagraph (A) or (B) shall implement
interim measures, as necessary, under
the factors in section 258.58(a)(3) of
title 40, Code of Federal Regulations.
``(II) Impoundments subject to
state corrective action requirement as
of the date of enactment.--Subclause
(I) shall only apply to surface
impoundments subject to a State
corrective action requirement as of the
date of enactment of this section if
the owner or operator has not
implemented interim measures, as
necessary, under the factors in section
258.58(a)(3) of title 40, Code of
Federal Regulations.
``(E) Surface impoundments that require assessment
of corrective measures more than 10 years after date of
enactment.--
``(i) In general.--In addition to the
groundwater monitoring and corrective action
requirements described in paragraph (2)(B), the
implementing agency shall require a surface
impoundment that receives coal combustion
residuals on or after the date of enactment of
this section to comply with the requirements in
clause (ii) if the surface impoundment--
``(I) does not--
``(aa) have a liner system
described in section 258.40(b)
of title 40, Code of Federal
Regulations; and
``(bb) meet the design
criteria described in section
258.40(a)(1) of title 40, Code
of Federal Regulations; and
``(II) more than 10 years after the
date of enactment of this section, is
required under section 258.56(a) title
40, Code of Federal Regulations, to
undergo an assessment of corrective
measures for any constituent covered
under subpart E of part 258 of title
40, Code of Federal Regulations, or
otherwise identified in paragraph
(2)(B)(ii) of this subsection, for
which assessment groundwater monitoring
is required.
``(ii) Requirements.--
``(I) Closure.--The surface
impoundments identified in clause (i)
shall cease receiving coal combustion
residuals and initiate closure in
accordance with paragraph (5) after
alternative management capacity at the
facility is available for the coal
combustion residuals and related
materials managed in the impoundment.
``(II) Best efforts.--The
alternative management capacity shall
be developed as soon as practicable
with the owner or operator using best
efforts to design, obtain necessary
permits for, finance, construct, and
render operational the alternative
management capacity.
``(III) Alternative capacity
management plan.--The owner or operator
shall, in collaboration with the
implementing agency, prepare a written
plan that describes the steps necessary
to develop the alternative management
capacity and includes a schedule for
completion.
``(IV) Public participation.--The
plan described in subclause (III) shall
be subject to public notice and comment
under the public participation process
described in subsection
(b)(2)(B)(iii)(III) or in subsection
(e)(6), as applicable.
``(5) Closure.--
``(A) In general.--If it is determined by the
implementing agency that a structure should close
because the requirements of a coal combustion residuals
permit program are not being satisfied with respect to
such structure, or if it is determined by the owner or
operator 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 of closure as soon as practicable and
that takes into account the nature and the site-
specific characteristics of the structure to be closed.
``(B) Surface impoundment.--In the case of a
surface impoundment, the closure plan under
subparagraph (A) shall require, at a minimum, the
removal of liquid and the stabilization of remaining
waste, as necessary to support the final cover.
``(d) Federal Review of State Permit Programs.--
``(1) In general.--The Administrator shall provide to a
State written notice and an opportunity to remedy deficiencies
in accordance with paragraph (3) if at any time the State--
``(A) does not satisfy the notification requirement
under subsection (b)(1);
``(B) has not submitted a certification required
under subsection (b)(2);
``(C) does not satisfy the maintenance requirement
under subsection (b)(3);
``(D) is not implementing a coal combustion
residuals permit program, with respect to which the
State has submitted a certification under subsection
(b)(2), that meets the requirements described in
subsection (c);
``(E) is not implementing a coal combustion
residuals permit program, with respect to which the
State has submitted a certification under subsection
(b)(2)--
``(i) that is consistent with such
certification; and
``(ii) for which the State continues to
have in effect statutes or regulations
necessary to implement such program; or
``(F) does not make available to the Administrator,
within 90 days of a written request, specific
information necessary for the Administrator to
ascertain whether the State has satisfied the
requirements described in subparagraphs (A) through
(E).
``(2) Request.--If a request described in paragraph (1)(F)
is proposed pursuant to a petition to the Administrator, the
Administrator shall only make the request if the Administrator
does not possess the information necessary to ascertain whether
the State has satisfied the requirements described in
subparagraphs (A) through (E) of such paragraph.
``(3) Contents of notice; deadline for response.--A notice
provided under paragraph (1) shall--
``(A) include findings of the Administrator
detailing any applicable deficiencies described in
subparagraphs (A) through (F) of paragraph (1); and
``(B) identify, in collaboration with the State, a
reasonable deadline by which the State shall remedy
such applicable deficiencies, which shall be--
``(i) in the case of a deficiency described
in subparagraphs (A) through (E) of paragraph
(1), not earlier than 180 days after the date
on which the State receives the notice; and
``(ii) in the case of a deficiency
described in paragraph (1)(F), not later than
90 days after the date on which the State
receives the notice.
``(4) Criteria for determining deficiency of state permit
program.--In making a determination whether a State has failed
to satisfy the requirements described in subparagraphs (A)
through (E) of paragraph (1), or a determination under
subsection (e)(1)(B), the Administrator shall consider, as
appropriate--
``(A) whether the State's statutes or regulations
to implement a coal combustion residuals permit program
are not sufficient to meet the requirements described
in subsection (c) because of--
``(i) failure of the State to promulgate or
enact new statutes or regulations when
necessary; or
``(ii) action by a State legislature or
court striking down or limiting such State
statutes or regulations;
``(B) whether the operation of the State coal
combustion residuals permit program fails to comply
with the requirements of subsection (c) because of--
``(i) failure of the State to issue permits
as required in subsection (c)(1)(E);
``(ii) repeated issuance of permits by the
State which do not meet the requirements of
subsection (c);
``(iii) failure of the State to comply with
the public participation requirements of this
section; or
``(iv) failure of the State to implement
corrective action requirements as described in
subsection (c)(2)(B); and
``(C) whether the enforcement of a State coal
combustion residuals permit program fails to comply
with the requirements of this section because of--
``(i) failure to act on violations of
permits, as identified by the State; or
``(ii) repeated failure by the State to
inspect or otherwise determine compliance
pursuant to the process identified in
subsection (b)(2)(B)(iii)(I).
``(e) Implementation by Administrator.--
``(1) Federal backstop authority.--The Administrator shall
implement a coal combustion residuals permit program for a
State only if--
``(A) the Governor of the State notifies the
Administrator under subsection (b)(1) that the State
will not adopt and implement a permit program;
``(B) the State has received a notice under
subsection (d) and the Administrator determines, after
providing a 30-day period for notice and public
comment, that the State has failed, by the deadline
identified in the notice under subsection (d)(3)(B), to
remedy the deficiencies detailed in the notice under
subsection (d)(3)(A); or
``(C) the State informs the Administrator, in
writing, that such State will no longer implement such
a permit program.
``(2) Review.--A State may obtain a review of a
determination by the Administrator under this subsection as if
the determination was a final regulation for purposes of
section 7006.
``(3) Other structures.--For structures that receive coal
combustion residuals on or after the date of enactment of this
section located on property within the exterior boundaries of a
State that the State does not have authority or jurisdiction to
regulate, the Administrator shall implement a coal combustion
residuals permit program only for those structures.
``(4) Requirements.--If the Administrator implements a coal
combustion residuals permit program for a State under paragraph
(1) or (3), the permit program shall consist of the
requirements described in subsection (c).
``(5) Enforcement.--
``(A) In general.--If the Administrator implements
a coal combustion residuals permit program for a State
under paragraph (1)--
``(i) the authorities referred to in
section 4005(c)(2)(A) shall apply with respect
to coal combustion residuals and structures for
which the Administrator is implementing the
coal combustion residuals permit program; and
``(ii) the Administrator may use those
authorities to inspect, gather information, and
enforce the requirements of this section in the
State.
``(B) Other structures.--If the Administrator
implements a coal combustion residuals permit program
under paragraph (3)--
``(i) the authorities referred to in
section 4005(c)(2)(A) shall apply with respect
to coal combustion residuals and structures for
which the Administrator is implementing the
coal combustion residuals permit program; and
``(ii) the Administrator may use those
authorities to inspect, gather information, and
enforce the requirements of this section for
the structures for which the Administrator is
implementing the coal combustion residuals
permit program.
``(6) Public participation process.--If the Administrator
implements a coal combustion residuals permit program for a
State under this subsection, the Administrator shall provide a
30-day period for the public participation process required in
paragraphs (1)(F)(i), (4)(C)(i), and (4)(E)(ii)(IV) of
subsection (c).
``(f) State Control After Implementation by Administrator.--
``(1) State control.--
``(A) New adoption, or resumption of, and
implementation by state.--For a State for which the
Administrator is implementing a coal combustion
residuals permit program under subsection (e)(1)(A), or
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, after
providing a 30-day period for notice
and public comment, that the State coal
combustion residuals permit program
meets the requirements described in
subsection (c); 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 only the deficiencies
detailed in the notice pursuant to subsection
(d)(3)(A); and
``(ii) receiving from the Administrator--
``(I) a determination, after
providing a 30-day period for notice
and public comment, 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.
``(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
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.--Program
requirements of, and 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 program requirements, actions, and
orders until such time as--
``(i) the implementing agency changes the
requirements of the coal combustion residuals
permit program with respect to the basis for
the action or order; or
``(ii) the State or the Administrator,
whichever took the action or issued the order,
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)(1) 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) 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
subsections (d) and (e) and section 6005, 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 as affecting the authority of the
Administrator under section 7003 with respect to coal
combustion residuals.
``(C) 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 enforcement assistance requested.
``(D) Concurrent enforcement.--Except as provided
in subparagraph (C), the Administrator shall not have
concurrent enforcement authority when a State is
implementing a coal combustion residuals permit
program, including during any period of interim
operation described in subsection (c)(3)(D).
``(E) Other authority.--The Administrator shall not
have authority to finalize the proposed rule published
at pages 35128 through 35264 of volume 75 of the
Federal Register (June 21, 2010).
``(F) Other response authority.--Nothing in this
section shall be construed as affecting the authority
of the Administrator under the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.) with respect to coal
combustion residuals.
``(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.
``(i) Mine Reclamation Activities.--A coal combustion residuals
permit program implemented by the Administrator under subsection (e)
shall not apply to the utilization, placement, and storage of coal
combustion residuals at surface mining and reclamation operations.
``(j) 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 all of the
authorities, activities, and procedures that comprise the
system of prior approval and conditions implemented by or for a
State to regulate the management and disposal of coal
combustion residuals.
``(3) Code of federal regulations.--The term `Code of
Federal Regulations' means the Code of Federal Regulations (as
in effect on the date of enactment of this section) or any
successor regulations.
``(4) Implementing agency.--The term `implementing agency'
means the agency responsible for implementing a coal combustion
residuals permit program for a State, which shall either be the
lead State implementing agency identified under subsection
(b)(2)(B)(i) or the Administrator pursuant to subsection (e).
``(5) Permit; prior approval and conditions.--Except as
provided in subsections (b)(3) and (g), the terms `permit' and
`prior approval and conditions' mean any authorization,
license, or equivalent control document that incorporates the
requirements of subsection (c).
``(6) 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).
``(7) Structure.--
``(A) In general.--Except as provided in
subparagraph (B), the term `structure' means a
landfill, surface impoundment, or other land-based unit
which receives, or is intended to receive, coal
combustion residuals.
``(B) De minimis receipt.--The term `structure'
does not include any land-based unit that receives only
de minimis quantities of coal combustion residuals if
the presence of coal combustion residuals is incidental
to the material managed in the unit.''.
(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. 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.).
SEC. 4. TECHNICAL ASSISTANCE.
Nothing in this Act, or the amendments made by this Act, shall be
construed to affect the authority of a State to request, or the
Administrator of the Environmental Protection Agency to provide,
technical assistance under the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.).
SEC. 5. FEDERAL POWER ACT.
Nothing in this Act, or the amendments made by this Act, shall be
construed to affect the obligations of an owner or operator of a
structure (as defined in section 4011 of the Solid Waste Disposal Act,
as added by this Act) under section 215(b)(1) of the Federal Power Act
(16 U.S.C. 824o(b)(1)).
Passed the House of Representatives July 25, 2013.
Attest:
KAREN L. HAAS,
Clerk.
Calendar No. 153
113th CONGRESS
1st Session
H. R. 2218
_______________________________________________________________________
AN ACT
To amend subtitle D of the Solid Waste Disposal Act to encourage
recovery and beneficial use of coal combustion residuals and establish
requirements for the proper management and disposal of coal combustion
residuals that are protective of human health and the environment.
_______________________________________________________________________
July 30, 2013
Read the second time and placed on the calendar