[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1734 Engrossed in House (EH)]

114th CONGRESS
  1st Session
                                H. R. 1734

_______________________________________________________________________

                                 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 ``Improving Coal 
Combustion Residuals Regulation Act of 2015''.
    (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 in accordance with this section.
    ``(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 24 months after 
                the date of enactment of this section (except as 
                provided in subparagraph (B) and 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) Extension.--
                            ``(i) Requirements.--The Administrator may 
                        extend the deadline for submission of a 
                        certification for a State under subparagraph 
                        (A) for a period of 12 months if the State 
                        submits to the Administrator a request for such 
                        an extension that--
                                    ``(I) describes the efforts of the 
                                State to meet such deadline;
                                    ``(II) demonstrates that the 
                                legislative or rulemaking procedures of 
                                such State render the State unable meet 
                                such deadline; and
                                    ``(III) provides the Administrator 
                                with a detailed schedule for completion 
                                and submission of the certification.
                            ``(ii) Determination.--If the Administrator 
                        does not approve or deny a request submitted 
                        under clause (i) by the date that is 30 days 
                        after such submission, the request shall be 
                        deemed approved.
                    ``(C) 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--
                                    ``(I) a description of the 
                                State's--
                                            ``(aa) process to inspect 
                                        or otherwise determine 
                                        compliance with such permit 
                                        program;
                                            ``(bb) process to enforce 
                                        the requirements of such permit 
                                        program;
                                            ``(cc) public participation 
                                        process for the promulgation, 
                                        amendment, or repeal of 
                                        regulations for, and the 
                                        issuance of permits under, such 
                                        permit program; and
                                            ``(dd) statutes, 
                                        regulations, or policies 
                                        pertaining to public access to 
                                        information, including 
                                        information on groundwater 
                                        monitoring data, structural 
                                        stability assessments, 
                                        emergency action plans, 
                                        fugitive dust control plans, 
                                        notifications of closure 
                                        (including any certification of 
                                        closure by a qualified 
                                        professional engineer), and 
                                        corrective action remedies; and
                                    ``(II) identification of any 
                                changes to the definitions under 
                                section 257.53 of title 40, Code of 
                                Federal Regulations, for purposes of 
                                the State coal combustion residuals 
                                permit program, including a reasonable 
                                basis for such changes, as required 
                                under subsection (l)(4);
                            ``(iv) a statement 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);
                            ``(vi) a plan for a response by the State 
                        to a release at a structure or inactive surface 
                        impoundment that has the potential for impact 
                        beyond the site on which the structure or 
                        inactive surface impoundment is located; and
                            ``(vii) a plan for coordination among 
                        States in the event of a release that crosses 
                        State lines.
                    ``(D) 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 
        lead 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) Permits.--The implementing agency shall 
                require that owners or operators of structures apply 
                for and obtain permits incorporating the applicable 
                requirements of the coal combustion residuals permit 
                program.
                    ``(B) 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 publicly available for review and 
                        comment under the public participation process 
                        of the coal combustion residuals permit 
                        program;
                            ``(ii) final determinations on permit 
                        applications are made publicly available;
                            ``(iii) information on groundwater 
                        monitoring data, structural stability 
                        assessments, emergency action plans, fugitive 
                        dust control plans, notifications of closure 
                        (including any certification of closure by a 
                        qualified professional engineer), and 
                        corrective action remedies required pursuant to 
                        paragraph (2), collected in a manner determined 
                        appropriate by the implementing agency, is 
                        publicly available, including on an Internet 
                        website; and
                            ``(iv) information regarding the exercise 
                        by the implementing agency of any discretionary 
                        authority granted under this section and not 
                        provided for in the rule described in 
                        subsection (l)(1) is made publicly available.
                    ``(C) Agency authority.--
                            ``(i) In general.--The implementing agency 
                        shall--
                                    ``(I) obtain information necessary 
                                to determine whether the owner or 
                                operator of a structure is in 
                                compliance with the requirements of the 
                                coal combustion residuals permit 
                                program;
                                    ``(II) conduct or require 
                                monitoring or testing to ensure that 
                                structures are in compliance with the 
                                requirements of the coal combustion 
                                residuals permit program; and
                                    ``(III) enter any site or premise 
                                at which a structure or inactive coal 
                                combustion residuals surface 
                                impoundment is located for the purpose 
                                of inspecting such structure or surface 
                                impoundment and reviewing relevant 
                                records.
                            ``(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) Criteria.--The implementing agency shall apply the 
        following criteria with respect to structures:
                    ``(A) Design requirements.--For new structures, 
                including lateral expansions of existing structures, 
                the criteria regarding design requirements described in 
                sections 257.70 and 257.72 of title 40, Code of Federal 
                Regulations, as applicable.
                    ``(B) Groundwater monitoring and corrective 
                action.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), for all structures, the criteria 
                        regarding groundwater monitoring and corrective 
                        action requirements described in sections 
                        257.90 through 257.98 of title 40, Code of 
                        Federal Regulations, including--
                                    ``(I) for the purposes of detection 
                                monitoring, the constituents described 
                                in appendix III to part 257 of title 
                                40, Code of Federal Regulations; and
                                    ``(II) for the purposes of 
                                assessment monitoring, establishing a 
                                groundwater protection standard, and 
                                assessment of corrective measures, the 
                                constituents described in appendix IV 
                                to part 257 of title 40, Code of 
                                Federal Regulations.
                            ``(ii) Exceptions and additional 
                        authority.--
                                    ``(I) Alternative point of 
                                compliance.--Notwithstanding section 
                                257.91(a)(2) of title 40, Code of 
                                Federal Regulations, the implementing 
                                agency may establish the relevant point 
                                of compliance for the down-gradient 
                                monitoring system as provided in 
                                section 258.51(a)(2) of title 40, Code 
                                of Federal Regulations.
                                    ``(II) Alternative groundwater 
                                protection standards.--Notwithstanding 
                                section 257.95(h) of title 40, Code of 
                                Federal Regulations, the implementing 
                                agency may establish an alternative 
                                groundwater protection standard as 
                                provided in section 258.55(i) of title 
                                40, Code of Federal Regulations.
                                    ``(III) Ability to determine that 
                                corrective action is not necessary or 
                                technically feasible.--Notwithstanding 
                                section 257.97 of title 40, Code of 
                                Federal Regulations, the implementing 
                                agency may determine that remediation 
                                of a release from a structure is not 
                                necessary as provided in section 
                                258.57(e) of title 40, Code of Federal 
                                Regulations.
                                    ``(IV) General authority relating 
                                to groundwater monitoring and 
                                corrective action.--Notwithstanding 
                                sections 257.90 through 257.98 of title 
                                40, Code of Federal Regulations, the 
                                implementing agency may authorize 
                                alternative groundwater monitoring and 
                                corrective action requirements provided 
                                that such requirements are no less 
                                stringent than the alternative 
                                requirements authorized to be 
                                established under subpart E of part 258 
                                of title 40, Code of Federal 
                                Regulations.
                                    ``(V) Opportunity for corrective 
                                action for unlined surface 
                                impoundments.--Notwithstanding section 
                                257.101(a)(1) of title 40, Code of 
                                Federal Regulations, the implementing 
                                agency may allow the owner or operator 
                                of an existing structure that is an 
                                unlined surface impoundment--
                                            ``(aa) to continue to 
                                        operate, pursuant to sections 
                                        257.96 through 257.98 of title 
                                        40, Code of Federal 
                                        Regulations, until the date 
                                        that is 102 months after the 
                                        date of enactment of this 
                                        section; and
                                            ``(bb) to continue to 
                                        operate after such date as long 
                                        as such unlined surface 
                                        impoundment meets the 
                                        groundwater protection standard 
                                        established pursuant to this 
                                        subparagraph and any other 
                                        applicable requirement 
                                        established pursuant to this 
                                        section.
                    ``(C) Closure.--For all structures, the criteria 
                for closure described in sections 257.101, 257.102, and 
                257.103 of title 40, Code of Federal Regulations, 
                except--
                            ``(i) the criteria described in section 
                        257.101(a)(1) of title 40, Code of Federal 
                        Regulations, shall apply to an existing 
                        structure that is an unlined surface 
                        impoundment only if--
                                    ``(I) the unlined surface 
                                impoundment is not allowed to continue 
                                operation pursuant to subparagraph 
                                (B)(ii)(VI)(aa); or
                                    ``(II) in the case of an unlined 
                                surface impoundment that is allowed to 
                                continue operation pursuant to 
                                subparagraph (B)(ii)(VI)(aa), the date 
                                described in such subparagraph has 
                                passed and the unlined surface 
                                impoundment does not meet the 
                                requirements described in subparagraph 
                                (B)(ii)(VI)(bb);
                            ``(ii) the criteria described in section 
                        257.101(b)(1) of title 40, Code of Federal 
                        Regulations, shall not apply to existing 
                        structures, except as provided in subparagraphs 
                        (E)(i)(II) and (E)(ii); and
                            ``(iii) if an implementing agency has set a 
                        deadline under clause (i) or (ii) of 
                        subparagraph (L), the criteria described in 
                        section 257.101(b)(2) of title 40, Code of 
                        Federal Regulations, shall apply to structures 
                        that are surface impoundments only after such 
                        deadline.
                    ``(D) Post-closure.--For all structures, the 
                criteria for post-closure care described in section 
                257.104 of title 40, Code of Federal Regulations.
                    ``(E) Location restrictions.--
                            ``(i) In general.--The criteria for 
                        location restrictions described in--
                                    ``(I) for new structures, including 
                                lateral expansions of existing 
                                structures, sections 257.60 through 
                                257.64 and 257.3-1 of title 40, Code of 
                                Federal Regulations; and
                                    ``(II) for existing structures, 
                                sections 257.64 and 257.3-1 of title 
                                40, Code of Federal Regulations.
                            ``(ii) Additional authority.--The 
                        implementing agency may apply the criteria 
                        described in sections 257.60 through 257.63 of 
                        title 40, Code of Federal Regulations, to 
                        existing structures that are surface 
                        impoundments.
                    ``(F) Air criteria.--For all structures, the 
                criteria for air quality described in section 257.80 of 
                title 40, Code of Federal Regulations.
                    ``(G) Financial assurance.--For all structures, the 
                criteria for financial assurance described in subpart G 
                of part 258 of title 40, Code of Federal Regulations.
                    ``(H) Surface water.--For all structures, the 
                criteria for surface water described in section 257.3-3 
                of title 40, Code of Federal Regulations.
                    ``(I) Recordkeeping.--For all structures, the 
                criteria for recordkeeping described in section 257.105 
                of title 40, Code of Federal Regulations.
                    ``(J) Run-on and run-off controls.--For all 
                structures that are landfills, sand or gravel pits, or 
                quarries, the criteria for run-on and run-off control 
                described in section 257.81 of title 40, Code of 
                Federal Regulations.
                    ``(K) Hydrologic and hydraulic capacity 
                requirements.--For all structures that are surface 
                impoundments, the criteria for inflow design flood 
                control systems described in section 257.82 of title 
                40, Code of Federal Regulations.
                    ``(L) Structural integrity.--For structures that 
                are surface impoundments, the criteria for structural 
                integrity described in sections 257.73 and 257.74 of 
                title 40, Code of Federal Regulations, except that, 
                notwithstanding section 257.73(f)(4) of title 40, Code 
                of Federal Regulations, the implementing agency may 
                provide for--
                            ``(i) up to 30 days for an owner or 
                        operator to complete a safety factor assessment 
                        when an owner or operator has failed to meet an 
                        applicable periodic assessment deadline 
                        provided in section 257.73(f) of title 40, Code 
                        of Federal Regulations; and
                            ``(ii) up to 12 months for an owner or 
                        operator to meet the safety factor assessment 
                        criteria provided in section 257.73(e)(1) of 
                        title 40, Code of Federal Regulations, if the 
                        implementing agency determines, through the 
                        initial safety factor assessment, that the 
                        structure does not meet such safety factor 
                        assessment criteria and that the structure does 
                        not pose an immediate threat of release.
                    ``(M) Inspections.--For all structures, the 
                criteria described in sections 257.83 and 257.84 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 18 months after the 
                Administrator receives notice under subsection 
                (e)(1)(A), or not later than 24 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 existing structures of--
                            ``(i) the obligation to apply for and 
                        obtain a permit under subparagraph (C); and
                            ``(ii) the requirements referred to in 
                        subparagraph (B)(ii).
                    ``(B) Compliance with certain requirements.--
                            ``(i) Initial deadline for certain 
                        requirements.--Not later than 8 months after 
                        the date of enactment of this section, the 
                        implementing agency shall require owners or 
                        operators of existing structures to comply 
                        with--
                                    ``(I) the requirements under 
                                paragraphs (2)(F), (2)(H), (2)(I), and 
                                (2)(M); and
                                    ``(II) the requirement for a 
                                permanent identification marker under 
                                the criteria described in paragraph 
                                (2)(L).
                            ``(ii) Subsequent deadline for certain 
                        other requirements.--Not later than 12 months 
                        after 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 require owners or 
                        operators of existing structures to comply 
                        with--
                                    ``(I) the requirements under 
                                paragraphs (2)(B), (2)(G), (2)(J), 
                                (2)(K), and (2)(L); and
                                    ``(II) the requirement for a 
                                written closure plan under the criteria 
                                described in paragraph (2)(C).
                    ``(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 66 months after the Administrator 
                        receives notice under subsection (e)(1)(A), or 
                        not later than 72 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 an existing structure, a final permit 
                        incorporating the applicable requirements of 
                        the coal combustion residuals permit program, 
                        or a final denial of an application submitted 
                        requesting such a permit.
                            ``(ii) Application deadline.--The 
                        implementing agency shall identify, in 
                        collaboration with the owner or operator of an 
                        existing structure, a reasonable deadline by 
                        which the owner or operator shall submit a 
                        permit application under clause (i).
                    ``(D) Interim operation.--
                            ``(i) Prior to deadlines.--Unless the 
                        implementing agency determines that the 
                        structure should close in accordance with the 
                        criteria described in paragraph (2)(C), 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 an existing structure 
                        may continue to operate such structure until 
                        such applicable deadline under any applicable 
                        regulations in effect during such period.
                            ``(ii) Prior to permit.--Unless the 
                        implementing agency determines that the 
                        structure should close in accordance with the 
                        criteria described in paragraph (2)(C), if the 
                        owner or operator of an existing structure 
                        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 of an 
                        application submitted requesting such a permit.
            ``(4) Requirements for inactive coal combustion residuals 
        surface impoundments.--
                    ``(A) Notice.--Not later than 2 months after the 
                date of enactment of this section, each owner or 
                operator of an inactive coal combustion residuals 
                surface impoundment shall submit to the Administrator 
                and the State in which such inactive coal combustion 
                residuals surface impoundment is located a notice 
                stating whether such inactive coal combustion residuals 
                surface impoundment will--
                            ``(i) not later than 3 years after the date 
                        of enactment of this section, complete closure 
                        in accordance with section 257.100 of title 40, 
                        Code of Federal Regulations; or
                            ``(ii) comply with the requirements of the 
                        coal combustion residuals permit program 
                        applicable to existing structures that are 
                        surface impoundments (except as provided in 
                        subparagraph (D)(ii)).
                    ``(B) Extension.--In the case of an inactive coal 
                combustion residuals surface impoundment for which the 
                owner or operator submits a notice described in 
                subparagraph (A)(i), the implementing agency may extend 
                the closure deadline provided in such subparagraph by a 
                period of not more than 2 years if the owner or 
                operator of such inactive coal combustion residuals 
                surface impoundment--
                            ``(i) demonstrates to the satisfaction of 
                        the implementing agency that it is not feasible 
                        to complete closure of the inactive coal 
                        combustion residuals surface impoundment in 
                        accordance with section 257.100 of title 40, 
                        Code of Federal Regulations, by the deadline 
                        provided in subparagraph (A)(i)--
                                    ``(I) because of complications 
                                stemming from the climate or weather, 
                                such as unusual amounts of 
                                precipitation or a significantly 
                                shortened construction season;
                                    ``(II) because additional time is 
                                required to remove the liquid from the 
                                inactive coal combustion residuals 
                                surface impoundment due to the volume 
                                of coal combustion residuals contained 
                                in the surface impoundment or the 
                                characteristics of the coal combustion 
                                residuals in such surface impoundment;
                                    ``(III) because the geology and 
                                terrain surrounding the inactive coal 
                                combustion residuals surface 
                                impoundment will affect the amount of 
                                material needed to close the inactive 
                                coal combustion residuals surface 
                                impoundment; or
                                    ``(IV) because additional time is 
                                required to coordinate with and obtain 
                                necessary approvals and permits; and
                            ``(ii) demonstrates to the satisfaction of 
                        the implementing agency that the inactive coal 
                        combustion residuals surface impoundment does 
                        not pose an immediate threat of release.
                    ``(C) Financial assurance.--The implementing agency 
                shall require the owner or operator of an inactive 
                surface impoundment that has closed pursuant to this 
                paragraph to perform post-closure care in accordance 
                with the criteria described in section 257.104(b)(1) of 
                title 40, Code of Federal Regulations, and to provide 
                financial assurance for such post-closure care in 
                accordance with the criteria described in section 
                258.72 of title 40, Code of Federal Regulations.
                    ``(D) Treatment as structure.--
                            ``(i) In general.--An inactive coal 
                        combustion residuals surface impoundment shall 
                        be treated as an existing structure that is a 
                        surface impoundment for the purposes of this 
                        section, including with respect to the 
                        requirements of paragraphs (1) and (2), if--
                                    ``(I) the owner or operator does 
                                not submit a notice in accordance with 
                                subparagraph (A); or
                                    ``(II) the owner or operator 
                                submits a notice described in 
                                subparagraph (A)(ii).
                            ``(ii) Inactive coal combustion residuals 
                        surface impoundments that fail to close.--An 
                        inactive coal combustion residuals surface 
                        impoundment for which the owner or operator 
                        submits a notice described in subparagraph 
                        (A)(i) that does not close by the deadline 
                        provided under subparagraph (A)(i) or 
                        subparagraph (B), as applicable--
                                    ``(I) shall be treated as an 
                                existing structure for purposes of this 
                                section beginning on the date that is 
                                the day after such applicable deadline, 
                                including by--
                                            ``(aa) being required to 
                                        comply with the requirements of 
                                        paragraph (1), as applicable; 
                                        and
                                            ``(bb) being required to 
                                        comply, beginning on such date, 
                                        with each requirement of 
                                        paragraph (2); but
                                    ``(II) shall not be required to 
                                comply with paragraph (3).
    ``(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 as 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 make the request only 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 paragraph (1).
            ``(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) Considerations 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)(A);
                            ``(ii) repeated issuance by the State of 
                        permits that 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 required under 
                        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 under 
                        subsection (b)(2)(C)(iii)(I).
    ``(e) Implementation by Administrator.--
            ``(1) Federal backstop authority.--The Administrator shall 
        implement a coal combustion residuals permit program for a 
        State 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 pursuant 
                to 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 and inactive coal 
        combustion residuals surface impoundments 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 and inactive coal 
        combustion residuals surface impoundments.
            ``(4) Requirements.--If the Administrator implements a coal 
        combustion residuals permit program 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, structures, and 
                        inactive coal combustion residuals surface 
                        impoundments 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, structures, and 
                        inactive coal combustion residuals surface 
                        impoundments 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 and inactive coal combustion 
                        residuals surface impoundments 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 under 
        this subsection, the Administrator shall provide a 30-day 
        period for the public participation process required under 
        subsection (c)(1)(B)(i).
    ``(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 the 
                                Administrator provides for 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 to 
                                the State 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 the 
                                Administrator provides for 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 to 
                                the State 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.
    ``(g) Implementation During Transition.--
            ``(1) 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--
                    ``(A) a State takes control of its coal combustion 
                residuals permit program from the Administrator under 
                subsection (f)(1); or
                    ``(B) the Administrator takes control of a coal 
                combustion residuals permit program from a State under 
                subsection (e).
            ``(2) Change in requirements.--Paragraph (1) shall apply to 
        such program requirements, actions, and orders until such time 
        as--
                    ``(A) the implementing agency that took control of 
                the coal combustion residuals permit program changes 
                the requirements of the coal combustion residuals 
                permit program with respect to the basis for the action 
                or order; or
                    ``(B) with respect to an ongoing corrective action, 
                the State or the Administrator, whichever took the 
                action or issued the order, certifies the completion of 
                the corrective action that is the subject of the action 
                or order.
            ``(3) Single permit program.--Except as otherwise provided 
        in this subsection--
                    ``(A) if a State adopts and implements a coal 
                combustion residuals permit program under subsection 
                (f), the Administrator shall cease to implement the 
                coal combustion residuals permit program implemented 
                under subsection (e) for such State; and
                    ``(B) if the Administrator implements a coal 
                combustion residuals permit program for a State under 
                subsection (e)(1), the State shall cease to implement 
                its coal combustion residuals permit program.
    ``(h) 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.
    ``(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 
                subsections (d), (e), and (g) of this section and 
                section 6005, the Administrator shall, with respect to 
                the regulation of coal combustion residuals under this 
                Act, 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 implementing 
                agency, the Administrator may provide to such State 
                agency only the enforcement assistance requested.
                    ``(D) Concurrent enforcement.--Except as provided 
                in subparagraph (C) of this paragraph and subsection 
                (g), 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).
            ``(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 by the Administrator under subsection (e) 
shall not apply to the utilization, placement, and storage of coal 
combustion residuals at surface or underground coal mining and 
reclamation operations.
    ``(k)  Use of Coal Combustion Residuals.--Use of coal combustion 
residuals in any of the following ways shall not be considered to be 
receipt of coal combustion residuals for the purposes of this section:
            ``(1) Use as--
                    ``(A) engineered structural fill constructed in 
                accordance with--
                            ``(i) ASTM E2277 entitled `Standard Guide 
                        for Design and Construction of Coal Ash 
                        Structural Fills', including any amendment or 
                        revision to that guidance;
                            ``(ii) any other published national 
                        standard determined appropriate by the 
                        implementing agency; or
                            ``(iii) a State standard or program 
                        relating to--
                                    ``(I) fill operations for coal 
                                combustion residuals; or
                                    ``(II) the management of coal 
                                combustion residuals for beneficial 
                                use; or
                    ``(B) engineered structural fill for--
                            ``(i) a building site or foundation;
                            ``(ii) a base or embankment for a bridge, 
                        roadway, runway, or railroad; or
                            ``(iii) a dike, levee, berm, or dam that is 
                        not part of a structure.
            ``(2) Storage in a manner that is consistent with the 
        management of raw materials, if the coal combustion residuals 
        being stored are intended to be used in a product or as a raw 
        material.
            ``(3) Beneficial use--
                    ``(A) that provides a functional benefit;
                    ``(B) that is a substitute for the use of a virgin 
                material;
                    ``(C) that meets relevant product specifications 
                and regulatory or design standards; and
                    ``(D) if such use involves placement on the land of 
                coal combustion residuals in non-roadway applications, 
                in an amount equal to or greater than the amount 
                described in the definition of beneficial use in 
                section 257.53 of title 40, Code of Federal 
                Regulations, for which the person using the coal 
                combustion residuals demonstrates, and keeps records 
                showing, that such use does not result in environmental 
                releases to groundwater, surface water, soil, or air 
                that--
                            ``(i) are greater than those from a 
                        material or product that would be used instead 
                        of the coal combustion residuals; or
                            ``(ii) exceed relevant regulatory and 
                        health-based benchmarks for human and 
                        ecological receptors.
    ``(l) Effect of Rule.--
            ``(1) In general.--With respect to the final rule entitled 
        `Hazardous and Solid Waste Management System; Disposal of Coal 
        Combustion Residuals from Electric Utilities' and published in 
        the Federal Register on April 17, 2015 (80 Fed. Reg. 21302)--
                    ``(A) such rule shall be implemented only through a 
                coal combustion residuals permit program under this 
                section; and
                    ``(B) to the extent that any provision or 
                requirement of such rule conflicts, or is inconsistent, 
                with a provision or requirement of this section, the 
                provision or requirement of this section shall control.
            ``(2) Effective date.--For purposes of this section, any 
        reference in part 257 of title 40, Code of Federal Regulations, 
        to the effective date contained in section 257.51 of such part 
        shall be considered to be a reference to the date of enactment 
        of this section, except that, in the case of any deadline 
        established by such a reference that is in conflict with a 
        deadline established by this section, the deadline established 
        by this section shall control.
            ``(3) Applicability of other regulations.--The application 
        of section 257.52 of title 40, Code of Federal Regulations, is 
        not affected by this section.
            ``(4) Definitions.--The definitions under section 257.53 of 
        title 40, Code of Federal Regulations, shall apply with respect 
        to any criteria described in subsection (c) the requirements of 
        which are incorporated into a coal combustion residuals permit 
        program under this section, except--
                    ``(A) as provided in paragraph (1); and
                    ``(B) a lead State implementing agency may make 
                changes to such definitions if the lead State 
                implementing agency--
                            ``(i) identifies the changes in the 
                        explanation included with the certification 
                        submitted under subsection (b)(2)(C)(iii); and
                            ``(ii) provides in such explanation a 
                        reasonable basis for the changes.
            ``(5) Other criteria.--The criteria described in sections 
        257.106 and 257.107 of title 40, Code of Federal Regulations, 
        may be incorporated into a coal combustion residuals permit 
        program at the discretion of the implementing agency.
    ``(m) Definitions.--In this section:
            ``(1) Coal combustion residuals.--The term `coal combustion 
        residuals' means the following wastes generated by electric 
        utilities and independent power producers:
                    ``(A) The solid wastes listed in section 
                3001(b)(3)(A)(i) that are generated primarily from the 
                combustion of coal, 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 that are 
                generated primarily from the combustion of coal.
                    ``(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.
                    ``(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 a system 
        of prior approval and conditions implemented under this section 
        to regulate the management and disposal of coal combustion 
        residuals.
            ``(3) Electric utility; independent power producer.--The 
        terms `electric utility' and `independent power producer' 
        include only electric utilities and independent power producers 
        that produce electricity on or after the date of enactment of 
        this section.
            ``(4) Existing structure.--The term `existing structure' 
        means a structure the construction of which commenced before 
        the date of enactment of this section.
            ``(5) Implementing agency.--The term `implementing agency' 
        means the agency responsible for implementing a coal combustion 
        residuals permit program, which shall either be the lead State 
        implementing agency identified under subsection (b)(2)(C)(i) or 
        the Administrator pursuant to subsection (e).
            ``(6) Inactive coal combustion residuals surface 
        impoundment.--The term `inactive coal combustion residuals 
        surface impoundment' means a surface impoundment, located at an 
        electric utility or independent power producer, that, as of the 
        date of enactment of this section--
                    ``(A) does not receive coal combustion residuals;
                    ``(B) contains coal combustion residuals; and
                    ``(C) contains liquid.
            ``(7) Structure.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `structure' means a 
                landfill, surface impoundment, sand or gravel pit, or 
                quarry that receives coal combustion residuals on or 
                after the date of enactment of this section.
                    ``(B) Exceptions.--
                            ``(i) Municipal solid waste landfills.--The 
                        term `structure' does not include a municipal 
                        solid waste landfill.
                            ``(ii) De minimis receipt.--The term 
                        `structure' does not include any landfill or 
                        surface impoundment 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 
                        landfill or surface impoundment.
            ``(8) Unlined surface impoundment.--The term `unlined 
        surface impoundment' means a surface impoundment that does not 
        have a liner system described in section 257.71 of title 40, 
        Code of Federal Regulations.''.
    (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 such term is 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 22, 2015.

            Attest:

                                                                 Clerk.
114th CONGRESS

  1st Session

                               H. R. 1734

_______________________________________________________________________

                                 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.