[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2446 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 2446

   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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 19, 2016

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

_______________________________________________________________________

                                 A BILL


 
   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 2016''.
    (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. Effect on regulatory determinations.
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 and implement 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, 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) Application for, and approval of, state coal 
        combustion residuals permit program.--
                    ``(A) In general.--Not later than 24 months after 
                the date of enactment of this section, each State that 
                has notified the Administrator that it will adopt and 
                implement a coal combustion residuals permit program 
                under paragraph (1) shall submit to the Administrator 
                an application for such coal combustion residuals 
                permit program for review and approval by the 
                Administrator.
                    ``(B) Contents of application.--An application 
                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 to be involved with the implementation 
                        of the coal combustion residuals permit 
                        program;
                            ``(iii) an explanation of how the State 
                        coal combustion residuals permit program will 
                        meet 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, including any 
                                        enforcement of the requirements 
                                        of subsection (c)(3)(A);
                                            ``(cc) public participation 
                                        process for the promulgation, 
                                        amendment, or repeal of 
                                        regulations for, and the 
                                        issuance of permits under, such 
                                        permit program;
                                            ``(dd) process for judicial 
                                        review;
                                            ``(ee) proposed or existing 
                                        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
                                            ``(ff) proposed 
                                        coordination plan under 
                                        subsection (c)(1)(C); and
                                    ``(II) if a State proposes to apply 
                                a definition different from a 
                                definition included in section 257.53 
                                of title 40, Code of Federal 
                                Regulations, for purposes of the State 
                                coal combustion residuals permit 
                                program, an explanation of such 
                                application, including an explanation 
                                of the reasonable basis for applying 
                                such different definition, in 
                                accordance with subsection (i)(4);
                            ``(iv) a statement that the State has in 
                        effect, at the time of application, 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) copies of any proposed forms used to 
                        administer the coal combustion residuals permit 
                        program; and
                            ``(vii) such other information as the 
                        Administrator may require.
                    ``(C) Approval.--
                            ``(i) In general.--The Administrator may 
                        approve an application for a State coal 
                        combustion residuals permit program only if the 
                        Administrator determines that such application 
                        demonstrates that the coal combustion residuals 
                        permit program meets the requirements described 
                        in subsection (c).
                            ``(ii) Evidence of adequacy.--In evaluating 
                        an application for a State coal combustion 
                        residuals permit program under this paragraph, 
                        the Administrator shall consider a State's 
                        approved permit program or other system of 
                        prior approval and conditions under section 
                        4005(c) or authorized program under section 
                        3006 as evidence regarding the State's ability 
                        to effectively implement a coal combustion 
                        residuals program.
                            ``(iii) Adoption by state.--A State may 
                        adopt and implement a coal combustion residuals 
                        permit program if, not later than 90 days after 
                        receipt of a complete application under this 
                        paragraph (including a revised application 
                        under subparagraph (D))--
                                    ``(I) the Administrator publishes 
                                in the Federal Register a notice of the 
                                Administrator's decision to approve 
                                such application; or
                                    ``(II) the Administrator does not 
                                publish in the Federal Register a 
                                notice of the Administrator's decision 
                                to approve or deny such application, in 
                                which case such application shall be 
                                deemed approved.
                    ``(D) Revised application.--If the Administrator 
                denies an initial application for a State coal 
                combustion residuals program under this paragraph--
                            ``(i) the Administrator shall notify the 
                        State of the reasons for such denial; and
                            ``(ii) the State may, not later than 60 
                        days after the date of such notification, 
                        submit to the Administrator a revised 
                        application for such coal combustion residuals 
                        permit program for review and approval by the 
                        Administrator.
    ``(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.--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; and
                            ``(iii) 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 (i)(1) is made publicly available.
                    ``(C) Coordination plan.--The implementing agency 
                shall develop and maintain a plan for coordination 
                among States in the event of a release that crosses 
                State lines.
            ``(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 through 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 such 
                                title; 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 such title.
                            ``(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 such title.
                                    ``(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 such 
                                title.
                                    ``(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 to groundwater from a 
                                structure is not necessary as provided 
                                in section 258.57(e) of such title.
                    ``(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 the criteria described in section 257.101(b)(1) 
                of such title shall not apply to existing structures 
                that comply with the criteria described in section 
                257.60 of such title by making a demonstration in 
                accordance with subparagraph (E) of this paragraph.
                    ``(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.--For all structures, 
                the criteria for location restrictions described in 
                sections 257.60 through 257.64 of title 40, Code of 
                Federal Regulations, except--
                            ``(i) for existing structures that are 
                        landfills, sections 257.60 through 257.63 shall 
                        not apply; and
                            ``(ii) the owner or operator of an existing 
                        structure that is a surface impoundment may 
                        comply with the criteria described in section 
                        257.60 of such title by demonstrating that--
                                    ``(I) the design and construction 
                                of the existing structure that is a 
                                surface impoundment will prevent an 
                                intermittent, recurring, or sustained 
                                hydraulic connection between any 
                                portion of the base of the structure 
                                and the upper limit of the uppermost 
                                aquifer; and
                                    ``(II) the existing structure that 
                                is a surface impoundment is designed 
                                and constructed to prevent the release 
                                of the constituents listed in 
                                appendices III and IV to part 257 of 
                                such title at levels above the 
                                groundwater protection standards 
                                established under this section.
                    ``(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) Recordkeeping.--For all structures, the 
                criteria for recordkeeping described in section 257.105 
                of title 40, Code of Federal Regulations.
                    ``(I) 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.
                    ``(J) 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.
                    ``(K) 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.
                    ``(L) Inspections.--For all structures, the 
                criteria described in sections 257.83 and 257.84 of 
                title 40, Code of Federal Regulations.
                    ``(M) Public availability of information.--For all 
                structures, the criteria described in section 257.107 
                of title 40, Code of Federal Regulations.
                    ``(N) Notification.--For all structures, the 
                criteria described in section 257.106 of title 40, Code 
                of Federal Regulations.
            ``(3) Permit program implementation for existing 
        structures.--
                    ``(A) Compliance with certain requirements.--
                            ``(i) Initial deadlines.--The State, in the 
                        case of a State that has notified the 
                        Administrator under subsection (b)(1) that it 
                        will adopt and implement a coal combustion 
                        residuals permit program, or the Administrator, 
                        in the case of each other State, shall require 
                        owners or operators of existing structures to 
                        comply with--
                                    ``(I) as of October 19, 2015, the 
                                requirements under paragraphs (2)(F), 
                                (2)(H), and (2)(L);
                                    ``(II) not later than 6 months 
                                after the date of enactment of this 
                                section, the requirement under 
                                paragraph (2)(G); and
                                    ``(III) not later than 12 months 
                                after the date of enactment of this 
                                section, the requirements under 
                                paragraphs (2)(A), (2)(I), (2)(J), 
                                (2)(K), and the requirement for a 
                                written closure plan under the criteria 
                                described in paragraph 2(C).
                            ``(ii) Subsequent deadlines.--The 
                        implementing agency shall require owners or 
                        operators of existing structures to comply 
                        with--
                                    ``(I) not later than 24 months 
                                after the date of enactment of this 
                                section, the requirements under 
                                paragraph (2)(B); and
                                    ``(II) not later than 36 months 
                                after the date of enactment of this 
                                section, the requirements under 
                                paragraph (2)(E).
                    ``(B) Permits.--Not later than 72 months after the 
                date of enactment of this section, 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.
                    ``(C) Effect of compliance.--
                            ``(i) Interim requirements.--Prior to the 
                        date on which a final permit or final denial is 
                        issued under subparagraph (B), compliance with 
                        the requirements of subparagraph (A), as 
                        determined by the State or Administrator, as 
                        applicable, shall constitute compliance with 
                        the requirements of this section and the rule 
                        described in subsection (i)(1) for the purpose 
                        of enforcement.
                            ``(ii) Final permit.--Compliance with a 
                        final permit issued by the implementing agency, 
                        as determined by the implementing agency, shall 
                        constitute compliance with this section and the 
                        rule described in subsection (i)(1) for the 
                        purpose of enforcement.
            ``(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 (C)(ii)).
                    ``(B) 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 such title.
                    ``(C) 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) 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--
                                    ``(I) being required to comply with 
                                the requirements of paragraph (1), as 
                                applicable; and
                                    ``(II) being required to comply, 
                                beginning on such date, with each 
                                requirement of paragraph (2).
    ``(d) 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 coal combustion 
                residuals permit program;
                    ``(B) the State fails to submit a notification or 
                an application by the applicable deadline under 
                subsection (b);
                    ``(C) the Administrator denies an application 
                submitted by a State under subsection (b)(2) and, if 
                applicable, any revised application submitted by the 
                State under subparagraph (E) of such subsection;
                    ``(D) the State informs the Administrator, in 
                writing, that such State will no longer implement such 
                a permit program; or
                    ``(E) the Administrator withdraws approval of a 
                State coal combustion residuals program after the 
                Administrator--
                            ``(i) determines that the State is not 
                        implementing a coal combustion residuals permit 
                        program approved under this section in 
                        accordance with the requirements of this 
                        section;
                            ``(ii) notifies the State of such 
                        determination, including the reasons for such 
                        determination and the particular deficiencies 
                        that need to be remedied; and
                            ``(iii) after allowing the State to take 
                        actions to remedy such deficiencies within a 
                        reasonable time, not to exceed 90 days, the 
                        Administrator determines that the State has not 
                        remedied such deficiencies.
            ``(2) Review.--A State may obtain a review of a 
        determination by the Administrator under paragraph (1)(E)(iii) 
        as if the determination were a final regulation for purposes of 
        section 7006.
            ``(3) Indian country.--The Administrator shall implement a 
        coal combustion residuals permit program in Indian country.
            ``(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.--If the Administrator implements a coal 
        combustion residuals permit program for a State under paragraph 
        (1) or in Indian country under paragraph (3)--
                    ``(A) 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
                    ``(B) the Administrator may use those authorities 
                to inspect, gather information, and enforce the 
                requirements of this section in the State or Indian 
                country.
            ``(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).
    ``(e) State Control After Implementation by Administrator.--
            ``(1) New adoption by state.--For a State for which the 
        Administrator is implementing a coal combustion residuals 
        permit program under subparagraphs (A) through (D) of 
        subsection (d), the State may adopt and implement such a permit 
        program through the application process described in subsection 
        (b)(2) (notwithstanding the deadline described in subparagraph 
        (A) of such subsection). An application submitted pursuant to 
        this paragraph shall include a timeline for transition to the 
        State coal combustion residuals permit program.
            ``(2) Resumption after remedying deficient permit 
        program.--
                    ``(A) Process.--For a State for which the 
                Administrator is implementing a coal combustion 
                residuals permit program under subparagraph (E) of 
                subsection (d)(1), the State may adopt and implement 
                such a permit program if--
                            ``(i) the State remedies only the 
                        deficiencies included in the notice described 
                        in such subparagraph; and
                            ``(ii) by the date that is 90 days after 
                        the date on which the State notifies the 
                        Administrator that the deficiencies have been 
                        remedied--
                                    ``(I) the Administrator publishes 
                                in the Federal Register--
                                            ``(aa) a determination, 
                                        after providing a 30-day period 
                                        for notice and public comment, 
                                        that the deficiencies included 
                                        in such notice have been 
                                        remedied; and
                                            ``(bb) a timeline for 
                                        transition to the State coal 
                                        combustion residuals permit 
                                        program; or
                                    ``(II) the Administrator does not 
                                publish in the Federal Register a 
                                determination regarding whether the 
                                deficiencies included in such notice 
                                been remedied, in which case such 
                                deficiencies shall be deemed remedied.
                    ``(B) Review.--A State may obtain a review of a 
                determination by the Administrator under this paragraph 
                as if such determination were a final regulation for 
                purposes of section 7006.
    ``(f) 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 (e); or
                    ``(B) the Administrator takes control of a coal 
                combustion residuals permit program from a State under 
                subsection (d).
            ``(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 
                (e), the Administrator shall cease to implement the 
                coal combustion residuals permit program implemented 
                under subsection (d) for such State; and
                    ``(B) if the Administrator implements a coal 
                combustion residuals permit program for a State under 
                subsection (d)(1), the State shall cease to implement 
                its coal combustion residuals permit program.
    ``(g) 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 (f) 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, including through the 
                use of the authorities referred to in section 
                4005(c)(2)(A), provide to such State agency only the 
                enforcement assistance requested.
                    ``(D) Concurrent enforcement.--Except as provided 
                in subparagraph (C) of this paragraph and subsection 
                (f), 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)(C).
            ``(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.
    ``(h)  Use of Coal Combustion Residuals.--
            ``(1) In general.--Except as provided in paragraph (2), use 
        of coal combustion residuals in any of the following ways, and 
        storage prior to such use, shall not be considered to be 
        receipt of coal combustion residuals for the purposes of this 
        section:
                    ``(A) Use as--
                            ``(i) 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, including 
                                standards issued by the American 
                                Association of State and Highway 
                                Transportation Officials and the 
                                Federal Highway Administration; or
                                    ``(III) a State standard or program 
                                relating to--
                                            ``(aa) fill operations for 
                                        coal combustion residuals; or
                                            ``(bb) the management of 
                                        coal combustion residuals for 
                                        beneficial use; or
                            ``(ii) 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.
                    ``(B) Beneficial use--
                            ``(i) that provides a functional benefit;
                            ``(ii) that is a substitute for the use of 
                        a virgin material; and
                            ``(iii) that meets relevant product 
                        specifications and regulatory or design 
                        standards, if any, including standards issued 
                        by voluntary consensus standards bodies such as 
                        ASTM International and the American Concrete 
                        Institute.
            ``(2) Exception.--With respect to a use described in 
        paragraph (1) that involves placement on the land of coal 
        combustion residuals in non-roadway and non-highway 
        applications, the implementing agency may, on a case-by-case 
        basis, determine that long-term storage of coal combustion 
        residuals at the generating facility for such a use or 
        permanent unencapsulated use of very large volumes of coal 
        combustion residuals constitutes receipt of coal combustion 
        residuals for the purposes of this section if the storage or 
        use results in releases of hazardous constituents to 
        groundwater, surface water, soil, or air--
                    ``(A) in greater amounts than those that would 
                occur from long-term storage or use of a material that 
                would be used instead of coal combustion residuals; or
                    ``(B) that exceed relevant regulatory and health-
                based benchmarks, as determined by the implementing 
                agency.
    ``(i) 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 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 apply 
                different definitions if--
                            ``(i) the different definitions do not 
                        conflict with the definitions in subsection 
                        (j); and
                            ``(ii) the lead State implementing agency--
                                    ``(I) identifies the different 
                                definitions in the explanation included 
                                with the application submitted under 
                                subsection (b)(2); and
                                    ``(II) provides in such explanation 
                                a reasonable basis for the application 
                                of the different definitions.
    ``(j) 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)(B)(i) or 
        the Administrator pursuant to subsection (d).
            ``(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) Indian country.--The term `Indian country' has the 
        meaning given that term in section 1151 of title 18, United 
        States Code.
            ``(8) 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 meeting the revised 
                        criteria promulgated under section 4010(c).
                            ``(ii) Coal mines.--The term `structure' 
                        does not include the location of surface coal 
                        mining and reclamation operations or surface 
                        coal mining operations (as those terms are 
                        defined in section 701 of the Surface Mining 
                        Control and Reclamation Act of 1977 (30 U.S.C. 
                        1291)) or an active or abandoned underground 
                        coal mine.
                            ``(iii) 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.
            ``(9) 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. EFFECT ON REGULATORY DETERMINATIONS.

    Nothing in this Act, or the amendments made by this Act, shall be 
construed to alter in any manner the effect on coal combustion 
residuals (as defined in section 4011 of the Solid Waste Disposal Act, 
as added by this Act) of the Environmental Protection Agency's 
regulatory determinations entitled--
            (1) ``Notice of Regulatory Determination on Wastes From the 
        Combustion of Fossil Fuels'', published at 65 Fed. Reg. 32214 
        (May 22, 2000); and
            (2) ``Final Regulatory Determination on Four Large-Volume 
        Wastes From the Combustion of Coal by Electric Utility Power 
        Plants'', published at 58 Fed. Reg. 42466 (August 9, 1993).

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)).
                                 <all>