[Congressional Record Volume 162, Number 16 (Wednesday, January 27, 2016)]
[Senate]
[Pages S291-S294]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3038. Mr. HOEVEN (for himself and Mr. Manchin) submitted an
amendment intended to be proposed to amendment SA 2953 proposed by Ms.
Murkowski to the bill S. 2012, to provide for the modernization of the
energy policy of the United States, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE __--COAL COMBUSTION RESIDUALS
SEC. __01. SHORT TITLE.
(a) Short Title.--This title may be cited as the
``Improving Coal Combustion Residuals Regulation Act of
2016''.
SEC. __02. 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--
[[Page S292]]
``(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
[[Page S293]]
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.
[[Page S294]]
``(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. __03. EFFECT ON REGULATORY DETERMINATIONS.
Nothing in this title, or the amendments made by this
title, 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 title) 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 title, or the amendments made by this
title, 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 title, or the amendments made by this
title, 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)).
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