[House Report 113-148]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    113-148

======================================================================



 
            COAL RESIDUALS REUSE AND MANAGEMENT ACT OF 2013

                                _______
                                

 July 10, 2013.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Upton, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 2218]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 2218) 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, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     2
Purpose and Summary..............................................    13
Background and Need for Legislation..............................    13
Hearings.........................................................    15
Committee Consideration..........................................    15
Committee Votes..................................................    16
Committee Oversight Findings.....................................    22
Statement of General Performance Goals and Objectives............    22
New Budget Authority, Entitlement Authority, and Tax Expenditures    22
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......    22
Committee Cost Estimate..........................................    22
Congressional Budget Office Estimate.............................    22
Federal Mandates Statement.......................................    25
Duplication of Federal Programs..................................    25
Disclosure of Directed Rule Makings..............................    25
Advisory Committee Statement.....................................    25
Applicability to Legislative Branch..............................    25
Section-by-Section Analysis of the Legislation...................    25
Changes in Existing Law Made by the Bill, as Reported............    39
Minority, Additional or Dissenting Views.........................    57

                               Amendment

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Coal Residuals Reuse 
and Management Act of 2013''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. Management and disposal of coal combustion residuals.
Sec. 3. 2000 regulatory determination.
Sec. 4. Technical assistance.
Sec. 5. Federal Power Act.

SEC. 2. MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS.

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

``SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS.

  ``(a) State Permit Programs for Coal Combustion Residuals.--Each 
State may adopt, implement, and enforce a coal combustion residuals 
permit program if such State provides the notification required under 
subsection (b)(1), and the certification required under subsection 
(b)(2).
  ``(b) State Actions.--
          ``(1) Notification.--Not later than 6 months after the date 
        of enactment of this section (except as provided by the 
        deadline identified under subsection (d)(3)(B)), the Governor 
        of each State shall notify the Administrator, in writing, 
        whether such State will adopt and implement a coal combustion 
        residuals permit program.
          ``(2) Certification.--
                  ``(A) In general.--Not later than 36 months after the 
                date of enactment of this section (except as provided 
                in subsection (f)(1)(A)), in the case of a State that 
                has notified the Administrator that it will implement a 
                coal combustion residuals permit program, the head of 
                the lead State implementing agency shall submit to the 
                Administrator a certification that such coal combustion 
                residuals permit program meets the requirements 
                described in subsection (c).
                  ``(B) Contents.--A certification submitted under this 
                paragraph shall include--
                          ``(i) a letter identifying the lead State 
                        implementing agency, signed by the head of such 
                        agency;
                          ``(ii) identification of any other State 
                        agencies involved with the implementation of 
                        the coal combustion residuals permit program;
                          ``(iii) an explanation of how the State coal 
                        combustion residuals permit program meets the 
                        requirements of this section, including a 
                        description of the State's--
                                  ``(I) process to inspect or otherwise 
                                determine compliance with such permit 
                                program;
                                  ``(II) process to enforce the 
                                requirements of such permit program;
                                  ``(III) public participation process 
                                for the promulgation, amendment, or 
                                repeal of regulations for, and the 
                                issuance of permits under, such permit 
                                program;
                                  ``(IV) statutes, regulations, or 
                                policies pertaining to public access to 
                                information, such as groundwater 
                                monitoring data; and
                                  ``(V) statutes, regulations, or 
                                policies pertaining to structural 
                                integrity or dam safety that may be 
                                applied to structures through such 
                                permit program;
                          ``(iv) a certification that the State has in 
                        effect, at the time of certification, statutes 
                        or regulations necessary to implement a coal 
                        combustion residuals permit program that meets 
                        the requirements described in subsection (c); 
                        and
                          ``(v) copies of State statutes and 
                        regulations described in clause (iv).
                  ``(C) Updates.--A State may update the certification 
                as needed to reflect changes to the coal combustion 
                residuals permit program.
          ``(3) Maintenance of 4005(c) or 3006 program.--In order to 
        adopt or implement a coal combustion residuals permit program 
        under this section (including pursuant to subsection (f)), the 
        State implementing agency shall maintain an approved permit 
        program or other system of prior approval and conditions under 
        section 4005(c) or an authorized program under section 3006.
  ``(c) Requirements for a Coal Combustion Residuals Permit Program.--A 
coal combustion residuals permit program shall consist of the 
following:
          ``(1) General requirements.--
                  ``(A) In general.--The implementing agency shall--
                          ``(i) apply the subset of the revised 
                        criteria described in paragraph (2) to owners 
                        or operators of structures, including surface 
                        impoundments, that receive coal combustion 
                        residuals on or after the date of enactment of 
                        this section;
                          ``(ii) with respect to structures that are 
                        receiving coal combustion residuals as of the 
                        date of enactment of this section, take the 
                        actions required under paragraph (3);
                          ``(iii) impose requirements for surface 
                        impoundments that do not meet certain criteria 
                        pursuant to paragraph (4); and
                          ``(iv) require that closure of structures 
                        occur in accordance with paragraph (5).
                  ``(B) Structural integrity.--
                          ``(i) Engineering certification.--The 
                        implementing agency shall require that an 
                        independent registered professional engineer 
                        certify that--
                                  ``(I) the design of each structure 
                                that receives coal combustion residuals 
                                on or after the date of enactment of 
                                this section is in accordance with 
                                recognized and generally accepted good 
                                engineering practices for containment 
                                of the maximum volume of coal 
                                combustion residuals and liquids which 
                                can be impounded therein; and
                                  ``(II) the construction and 
                                maintenance of the structure will 
                                ensure structural stability.
                          ``(ii) Emergency action plan.--The 
                        implementing agency shall require that the 
                        owner or operator of any structure that is a 
                        surface impoundment that receives coal 
                        combustion residuals on or after the date of 
                        enactment of this section and that is 
                        classified by the State as posing a high hazard 
                        potential pursuant to the guidelines published 
                        by the Federal Emergency Management Agency 
                        entitled `Federal Guidelines for Dam Safety: 
                        Hazard Potential Classification System for 
                        Dams' (FEMA Publication Number 333) prepare and 
                        maintain an emergency action plan that 
                        identifies responsible persons and actions to 
                        be taken in the event of a dam safety 
                        emergency.
                          ``(iii) Inspection.--
                                  ``(I) In general.--The implementing 
                                agency shall require that structures 
                                that are surface impoundments that 
                                receive coal combustion residuals on or 
                                after the date of enactment of this 
                                section be inspected not less than 
                                annually by an independent registered 
                                professional engineer to assure that 
                                the design, operation, and maintenance 
                                of the surface impoundment is in 
                                accordance with recognized and 
                                generally accepted good engineering 
                                practices for containment of the 
                                maximum volume of coal combustion 
                                residuals and liquids which can be 
                                impounded therein, so as to ensure dam 
                                stability.
                                  ``(II) Potentially hazardous 
                                conditions.--The implementing agency 
                                shall require that if an inspection 
                                under subclause (I), or a periodic 
                                evaluation under clause (iv), reveals a 
                                potentially hazardous condition, the 
                                owner or operator of the structure 
                                shall immediately take action to 
                                mitigate the potentially hazardous 
                                condition and notify appropriate State 
                                and local first responders.
                          ``(iv) Periodic evaluation.--The implementing 
                        agency shall require that structures that are 
                        surface impoundments that receive coal 
                        combustion residuals on or after the date of 
                        enactment of this section be periodically 
                        evaluated for appearances of structural 
                        weakness.
                          ``(v) Deficiency.--
                                  ``(I) In general.--If the head of the 
                                implementing agency determines that a 
                                structure is deficient with respect to 
                                the requirements in clause (i), (iii), 
                                or (iv), the head of the agency has the 
                                authority to require action to correct 
                                the deficiency according to a schedule 
                                determined by the agency.
                                  ``(II) Uncorrected deficiencies.--If 
                                a deficiency is not corrected according 
                                to the schedule, the head of the 
                                implementing agency has the authority 
                                to require that the structure close in 
                                accordance with paragraph (5).
                                  ``(III) Dam safety consultation.--In 
                                the case of a structure that is a 
                                surface impoundment, the head of the 
                                implementing agency shall, in making a 
                                determination under subclause (I), 
                                consult with appropriate State dam 
                                safety officials.
                  ``(C) Location.--The implementing agency shall 
                require that structures that first receive coal 
                combustion residuals on or after the date of enactment 
                of this section shall be constructed with a base 
                located a minimum of 2 feet above the upper limit of 
                the water table, unless it is demonstrated to the 
                satisfaction of the implementing agency that--
                          ``(i) the hydrogeologic characteristics of a 
                        structure and surrounding land would preclude 
                        such a requirement; and
                          ``(ii) the function and integrity of the 
                        liner system will not be adversely impacted by 
                        contact with the water table.
                  ``(D) Wind dispersal.--
                          ``(i) In general.--The implementing agency 
                        shall require that owners or operators of 
                        structures that receive coal combustion 
                        residuals on or after the date of enactment of 
                        this section address wind dispersal of dust by 
                        requiring cover, or by wetting coal combustion 
                        residuals with water to a moisture content that 
                        prevents wind dispersal, facilitates 
                        compaction, and does not result in free 
                        liquids.
                          ``(ii) Alternative methods.--Subject to the 
                        review and approval by the implementing agency, 
                        owners or operators of structures that receive 
                        coal combustion residuals on or after the date 
                        of enactment of this section may propose 
                        alternative methods to address wind dispersal 
                        of dust that will provide comparable or more 
                        effective control of dust.
                  ``(E) Permits.--The implementing agency shall require 
                that owners or operators of structures that receive 
                coal combustion residuals on or after the date of 
                enactment of this section apply for and obtain permits 
                incorporating the requirements of the coal combustion 
                residuals permit program.
                  ``(F) Public availability of information.--Except for 
                information with respect to which disclosure is 
                prohibited under section 1905 of title 18, United 
                States Code, the implementing agency shall ensure 
                that--
                          ``(i) documents for permit determinations are 
                        made available for public review and comment 
                        under the public participation process 
                        described in subsection (b)(2)(B)(iii)(III) or 
                        in subsection (e)(6), as applicable;
                          ``(ii) final determinations on permit 
                        applications are made known to the public; and
                          ``(iii) groundwater monitoring data collected 
                        under paragraph (2) is publicly available.
                  ``(G) Agency authority.--
                          ``(i) In general.--The implementing agency 
                        has the authority to--
                                  ``(I) obtain information necessary to 
                                determine whether the owner or operator 
                                of a structure is in compliance with 
                                the requirements of this subsection;
                                  ``(II) conduct or require monitoring 
                                and testing to ensure that structures 
                                are in compliance with the requirements 
                                of this subsection; and
                                  ``(III) enter, at reasonable times, 
                                any site or premise subject to the coal 
                                combustion residuals permit program for 
                                the purpose of inspecting structures 
                                and reviewing records relevant to the 
                                design, operation, and maintenance of 
                                structures.
                          ``(ii) Monitoring and testing.--If monitoring 
                        or testing is conducted under clause (i)(II) by 
                        or for the implementing agency, the 
                        implementing agency shall, if requested, 
                        provide to the owner or operator--
                                  ``(I) a written description of the 
                                monitoring or testing completed;
                                  ``(II) at the time of sampling, a 
                                portion of each sample equal in volume 
                                or weight to the portion retained by or 
                                for the implementing agency; and
                                  ``(III) a copy of the results of any 
                                analysis of samples collected by or for 
                                the implementing agency.
          ``(2) Revised criteria.--The subset of the revised criteria 
        referred to in paragraph (1)(A)(i) are as follows:
                  ``(A) Design requirements.--For new structures, and 
                lateral expansions of existing structures, that first 
                receive coal combustion residuals on or after the date 
                of enactment of this section, the revised criteria 
                regarding design requirements described in section 
                258.40 of title 40, Code of Federal Regulations, except 
                that the leachate collection system requirements 
                described in section 258.40(a)(2) of title 40, Code of 
                Federal Regulations, do not apply to structures that 
                are surface impoundments.
                  ``(B) Groundwater monitoring and corrective action.--
                For all structures that receive coal combustion 
                residuals on or after the date of enactment of this 
                section, the revised criteria regarding groundwater 
                monitoring and corrective action requirements described 
                in subpart E of part 258 of title 40, Code of Federal 
                Regulations, except that, for the purposes of this 
                subparagraph, the revised criteria shall also include--
                          ``(i) for the purposes of detection 
                        monitoring, the constituents boron, chloride, 
                        conductivity, fluoride, mercury, pH, sulfate, 
                        sulfide, and total dissolved solids; and
                          ``(ii) for the purposes of assessment 
                        monitoring, establishing a groundwater 
                        protection standard, and assessment of 
                        corrective measures, the constituents aluminum, 
                        boron, chloride, fluoride, iron, manganese, 
                        molybdenum, pH, sulfate, and total dissolved 
                        solids.
                  ``(C) Closure.--For all structures that receive coal 
                combustion residuals on or after the date of enactment 
                of this section, in a manner consistent with paragraph 
                (5), the revised criteria for closure described in 
                subsections (a) through (c) and (h) through (j) of 
                section 258.60 of title 40, Code of Federal 
                Regulations.
                  ``(D) Post-closure.--For all structures that receive 
                coal combustion residuals on or after the date of 
                enactment of this section, the revised criteria for 
                post-closure care described in section 258.61 of title 
                40, Code of Federal Regulations, except for the 
                requirement described in subsection (a)(4) of that 
                section.
                  ``(E) Location restrictions.--The revised criteria 
                for location restrictions described in--
                          ``(i) for new structures, and lateral 
                        expansions of existing structures, that first 
                        receive coal combustion residuals on or after 
                        the date of enactment of this section, sections 
                        258.11 through 258.15 of title 40, Code of 
                        Federal Regulations; and
                          ``(ii) for existing structures that receive 
                        coal combustion residuals on or after the date 
                        of enactment of this section, sections 258.11 
                        and 258.15 of title 40, Code of Federal 
                        Regulations.
                  ``(F) Air quality.--For all structures that receive 
                coal combustion residuals on or after the date of 
                enactment of this section, the revised criteria for air 
                quality described in section 258.24 of title 40, Code 
                of Federal Regulations.
                  ``(G) Financial assurance.--For all structures that 
                receive coal combustion residuals on or after the date 
                of enactment of this section, the revised criteria for 
                financial assurance described in subpart G of part 258 
                of title 40, Code of Federal Regulations.
                  ``(H) Surface water.--For all structures that receive 
                coal combustion residuals on or after the date of 
                enactment of this section, the revised criteria for 
                surface water described in section 258.27 of title 40, 
                Code of Federal Regulations.
                  ``(I) Recordkeeping.--For all structures that receive 
                coal combustion residuals on or after the date of 
                enactment of this section, the revised criteria for 
                recordkeeping described in section 258.29 of title 40, 
                Code of Federal Regulations.
                  ``(J) Run-on and run-off control systems for land-
                based units.--For all landfills and other land-based 
                units, other than surface impoundments, that receive 
                coal combustion residuals on or after the date of 
                enactment of this section, the revised criteria for 
                run-on and run-off control systems described in section 
                258.26 of title 40, Code of Federal Regulations.
                  ``(K) Run-off control systems for surface 
                impoundments.--For all surface impoundments that 
                receive coal combustion residuals on or after the date 
                of enactment of this section, the revised criteria for 
                run-off control systems described in section 
                258.26(a)(2) of title 40, Code of Federal Regulations.
          ``(3) Permit program implementation for existing 
        structures.--
                  ``(A) Notification.--Not later than the date on which 
                a State submits a certification under subsection 
                (b)(2), not later than 30 months after the 
                Administrator receives notice under subsection 
                (e)(1)(A), or not later than 36 months after the date 
                of enactment of this section with respect to a coal 
                combustion residuals permit program that is being 
                implemented by the Administrator under subsection 
                (e)(3), as applicable, the implementing agency shall 
                notify owners or operators of structures that are 
                receiving coal combustion residuals as of the date of 
                enactment of this section within the State of--
                          ``(i) the obligation to apply for and obtain 
                        a permit under subparagraph (C); and
                          ``(ii) the requirements referred to in 
                        subparagraph (B).
                  ``(B) Compliance with certain requirements.--Not 
                later than 12 months after the date on which a State 
                submits a certification under subsection (b)(2), not 
                later than 42 months after the Administrator receives 
                notice under subsection (e)(1)(A), or not later than 48 
                months after the date of enactment of this section with 
                respect to a coal combustion residuals permit program 
                that is being implemented by the Administrator under 
                subsection (e)(3), as applicable, the implementing 
                agency shall require owners or operators of structures 
                that are receiving coal combustion residuals as of the 
                date of enactment of this section to comply with--
                          ``(i) the requirements under paragraphs 
                        (1)(B)(ii) and (iii), (1)(D), (2)(B), (2)(F), 
                        (2)(H), (2)(J), and (2)(K); and
                          ``(ii) the groundwater recordkeeping 
                        requirement described in section 258.29(a)(5) 
                        of title 40, Code of Federal Regulations.
                  ``(C)  Permits.--
                          ``(i) Permit deadline.--Not later than 48 
                        months after the date on which a State submits 
                        a certification under subsection (b)(2), not 
                        later than 78 months after the Administrator 
                        receives notice under subsection (e)(1)(A), or 
                        not later than 84 months after the date of 
                        enactment of this section with respect to a 
                        coal combustion residuals permit program that 
                        is being implemented by the Administrator under 
                        subsection (e)(3), as applicable, the 
                        implementing agency shall issue, with respect 
                        to a structure that is receiving coal 
                        combustion residuals as of the date of 
                        enactment of this section, a final permit 
                        incorporating the requirements of the coal 
                        combustion residuals permit program, or a final 
                        denial for an application submitted requesting 
                        such a permit.
                          ``(ii) Application deadline.--The 
                        implementing agency shall identify, in 
                        collaboration with the owner or operator of a 
                        structure described in clause (i), a reasonable 
                        deadline by which the owner or operator shall 
                        submit a permit application under such clause.
                  ``(D) Interim operation.--
                          ``(i) Prior to deadlines.--With respect to 
                        any period of time on or after the date of 
                        enactment of this section but prior to the 
                        applicable deadline in subparagraph (B), the 
                        owner or operator of a structure that is 
                        receiving coal combustion residuals as of the 
                        date of enactment of this section may continue 
                        to operate such structure until such applicable 
                        deadline under the applicable authority in 
                        effect.
                          ``(ii) Prior to permit.--Unless the 
                        implementing agency determines that the 
                        structure should close pursuant to paragraph 
                        (5), if the owner or operator of a structure 
                        that is receiving coal combustion residuals as 
                        of the date of enactment of this section meets 
                        the requirements referred to in subparagraph 
                        (B) by the applicable deadline in such 
                        subparagraph, the owner or operator may operate 
                        the structure until such time as the 
                        implementing agency issues, under subparagraph 
                        (C), a final permit incorporating the 
                        requirements of the coal combustion residuals 
                        permit program, or a final denial for an 
                        application submitted requesting such a permit.
          ``(4) Requirements for surface impoundments that do not meet 
        certain criteria.--
                  ``(A) Surface impoundments that require assessment of 
                corrective measures within 10 years of the date of 
                enactment.--
                          ``(i) In general.--In addition to the 
                        groundwater monitoring and corrective action 
                        requirements described in paragraph (2)(B), the 
                        implementing agency shall require a surface 
                        impoundment that receives coal combustion 
                        residuals on or after the date of enactment of 
                        this section to comply with the requirements in 
                        clause (ii) of this subparagraph and clauses 
                        (i) and (ii) of subparagraph (D) if the surface 
                        impoundment--
                                  ``(I) does not--
                                          ``(aa) have a liner system 
                                        described in section 258.40(b) 
                                        of title 40, Code of Federal 
                                        Regulations; and
                                          ``(bb) meet the design 
                                        criteria described in section 
                                        258.40(a)(1) of title 40, Code 
                                        of Federal Regulations; and
                                  ``(II) within 10 years after the date 
                                of enactment of this section, is 
                                required under section 258.56(a) of 
                                title 40, Code of Federal Regulations, 
                                to undergo an assessment of corrective 
                                measures for any constituent covered 
                                under subpart E of part 258 of title 
                                40, Code of Federal Regulations, or 
                                otherwise identified in paragraph 
                                (2)(B)(ii) of this subsection, for 
                                which assessment groundwater monitoring 
                                is required.
                          ``(ii) Deadline to meet groundwater 
                        protection standard.--Except as provided in 
                        subparagraph (C), the implementing agency shall 
                        require that the groundwater protection 
                        standard, for surface impoundments identified 
                        in clause (i) of this subparagraph, established 
                        by the implementing agency under section 
                        258.55(h) or 258.55(i) of title 40, Code of 
                        Federal Regulations, for any constituent for 
                        which corrective measures are required shall be 
                        met--
                                  ``(I) as soon as practicable at the 
                                relevant point of compliance, as 
                                described in section 258.40(d) of title 
                                40, Code of Federal Regulations; and
                                  ``(II) not later than 10 years after 
                                the date of enactment of this section.
                  ``(B) Surface impoundments subject to a state 
                corrective action requirement as of the date of 
                enactment.--
                          ``(i) In general.--In addition to the 
                        groundwater monitoring and corrective action 
                        requirements described in paragraph (2)(B), the 
                        implementing agency shall require a surface 
                        impoundment that receives coal combustion 
                        residuals on or after the date of enactment of 
                        this section to comply with the requirements in 
                        clause (ii) of this subparagraph and clauses 
                        (i) and (ii) of subparagraph (D) if the surface 
                        impoundment--
                                  ``(I) does not--
                                          ``(aa) have a liner system 
                                        described in section 258.40(b) 
                                        of title 40, Code of Federal 
                                        Regulations; and
                                          ``(bb) meet the design 
                                        criteria described in section 
                                        258.40(a)(1) of title 40, Code 
                                        of Federal Regulations; and
                                  ``(II) as of the date of enactment of 
                                this section, is subject to a State 
                                corrective action requirement.
                          ``(ii) Deadline to meet groundwater 
                        protection standard.--Except as provided in 
                        subparagraph (C), the implementing agency shall 
                        require that the groundwater protection 
                        standard, for surface impoundments identified 
                        in clause (i) of this subparagraph, established 
                        by the implementing agency under section 
                        258.55(h) or 258.55(i) of title 40, Code of 
                        Federal Regulations, for any constituent for 
                        which corrective measures are required shall be 
                        met--
                                  ``(I) as soon as practicable at the 
                                relevant point of compliance, as 
                                described in section 258.40(d) of title 
                                40, Code of Federal Regulations; and
                                  ``(II) not later than 8 years after 
                                the date of enactment of this section.
                  ``(C) Extension of deadline.--
                          ``(i) In general.--Except as provided in 
                        clause (ii) of this subparagraph, the deadline 
                        for meeting a groundwater protection standard 
                        under subparagraph (A)(ii) or (B)(ii) may be 
                        extended by the implementing agency, after 
                        opportunity for public notice and comment under 
                        the public participation process described in 
                        subsection (b)(2)(B)(iii)(III), or in 
                        subsection (e)(6) based on--
                                  ``(I) the effectiveness of any 
                                interim measures implemented by the 
                                owner or operator of the facility under 
                                section 258.58(a)(3) of title 40, Code 
                                of Federal Regulations;
                                  ``(II) the level of progress 
                                demonstrated in meeting the groundwater 
                                protection standard;
                                  ``(III) the potential for other 
                                adverse human health or environmental 
                                exposures attributable to the 
                                contamination from the surface 
                                impoundment undergoing corrective 
                                action; and
                                  ``(IV) the lack of available 
                                alternative management capacity for the 
                                coal combustion residuals and related 
                                materials managed in the impoundment at 
                                the facility at which the impoundment 
                                is located if the owner or operator has 
                                used best efforts, as necessary, to 
                                design, obtain any necessary permits, 
                                finance, construct, and render 
                                operational the alternative management 
                                capacity during the time period for 
                                meeting a groundwater protection 
                                standard in subparagraph (A)(ii) or 
                                (B)(ii).
                          ``(ii) Exception.--The deadline under 
                        subparagraph (A)(ii) or (B)(ii) shall not be 
                        extended if there has been contamination of 
                        public or private drinking water systems 
                        attributable to a surface impoundment 
                        undergoing corrective action, unless the 
                        contamination has been addressed by providing a 
                        permanent replacement water system.
                  ``(D) Additional requirements.--
                          ``(i) Closure.--If the deadline under 
                        subparagraph (A)(ii), (B)(ii), or (C) is not 
                        satisfied, the surface impoundment shall cease 
                        receiving coal combustion residuals and 
                        initiate closure under paragraph (5).
                          ``(ii) Interim measures.--
                                  ``(I) In general.--Except as provided 
                                in subclause (II), not later than 90 
                                days after the date on which the 
                                assessment of corrective measures is 
                                initiated, the owner or operator of a 
                                surface impoundment described in 
                                subparagraph (A) or (B) shall implement 
                                interim measures, as necessary, under 
                                the factors in section 258.58(a)(3) of 
                                title 40, Code of Federal Regulations.
                                  ``(II) Impoundments subject to state 
                                corrective action requirement as of the 
                                date of enactment.--Subclause (I) shall 
                                only apply to surface impoundments 
                                subject to a State corrective action 
                                requirement as of the date of enactment 
                                of this section if the owner or 
                                operator has not implemented interim 
                                measures, as necessary, under the 
                                factors in section 258.58(a)(3) of 
                                title 40, Code of Federal Regulations.
                  ``(E) Surface impoundments that require assessment of 
                corrective measures more than 10 years after date of 
                enactment.--
                          ``(i) In general.--In addition to the 
                        groundwater monitoring and corrective action 
                        requirements described in paragraph (2)(B), the 
                        implementing agency shall require a surface 
                        impoundment that receives coal combustion 
                        residuals on or after the date of enactment of 
                        this section to comply with the requirements in 
                        clause (ii) if the surface impoundment--
                                  ``(I) does not--
                                          ``(aa) have a liner system 
                                        described in section 258.40(b) 
                                        of title 40, Code of Federal 
                                        Regulations; and
                                          ``(bb) meet the design 
                                        criteria described in section 
                                        258.40(a)(1) of title 40, Code 
                                        of Federal Regulations; and
                                  ``(II) more than 10 years after the 
                                date of enactment of this section, is 
                                required under section 258.56(a) title 
                                40, Code of Federal Regulations, to 
                                undergo an assessment of corrective 
                                measures for any constituent covered 
                                under subpart E of part 258 of title 
                                40, Code of Federal Regulations, or 
                                otherwise identified in paragraph 
                                (2)(B)(ii) of this subsection, for 
                                which assessment groundwater monitoring 
                                is required.
                          ``(ii) Requirements.--
                                  ``(I) Closure.--The surface 
                                impoundments identified in clause (i) 
                                shall cease receiving coal combustion 
                                residuals and initiate closure in 
                                accordance with paragraph (5) after 
                                alternative management capacity at the 
                                facility is available for the coal 
                                combustion residuals and related 
                                materials managed in the impoundment.
                                  ``(II) Best efforts.--The alternative 
                                management capacity shall be developed 
                                as soon as practicable with the owner 
                                or operator using best efforts to 
                                design, obtain necessary permits for, 
                                finance, construct, and render 
                                operational the alternative management 
                                capacity.
                                  ``(III) Alternative capacity 
                                management plan.--The owner or operator 
                                shall, in collaboration with the 
                                implementing agency, prepare a written 
                                plan that describes the steps necessary 
                                to develop the alternative management 
                                capacity and includes a schedule for 
                                completion.
                                  ``(IV) Public participation.--The 
                                plan described in subclause (III) shall 
                                be subject to public notice and comment 
                                under the public participation process 
                                described in subsection 
                                (b)(2)(B)(iii)(III) or in subsection 
                                (e)(6), as applicable.
          ``(5) Closure.--
                  ``(A) In general.--If it is determined by the 
                implementing agency that a structure should close 
                because the requirements of a coal combustion residuals 
                permit program are not being satisfied with respect to 
                such structure, or if it is determined by the owner or 
                operator that a structure should close, the time period 
                and method for the closure of such structure shall be 
                set forth in a closure plan that establishes a deadline 
                for completion of closure as soon as practicable and 
                that takes into account the nature and the site-
                specific characteristics of the structure to be closed.
                  ``(B) Surface impoundment.--In the case of a surface 
                impoundment, the closure plan under subparagraph (A) 
                shall require, at a minimum, the removal of liquid and 
                the stabilization of remaining waste, as necessary to 
                support the final cover.
  ``(d) Federal Review of State Permit Programs.--
          ``(1) In general.--The Administrator shall provide to a State 
        written notice and an opportunity to remedy deficiencies in 
        accordance with paragraph (3) if at any time the State--
                  ``(A) does not satisfy the notification requirement 
                under subsection (b)(1);
                  ``(B) has not submitted a certification required 
                under subsection (b)(2);
                  ``(C) does not satisfy the maintenance requirement 
                under subsection (b)(3);
                  ``(D) is not implementing a coal combustion residuals 
                permit program, with respect to which the State has 
                submitted a certification under subsection (b)(2), that 
                meets the requirements described in subsection (c);
                  ``(E) is not implementing a coal combustion residuals 
                permit program, with respect to which the State has 
                submitted a certification under subsection (b)(2)--
                          ``(i) that is consistent with such 
                        certification; and
                          ``(ii) for which the State continues to have 
                        in effect statutes or regulations necessary to 
                        implement such program; or
                  ``(F) does not make available to the Administrator, 
                within 90 days of a written request, specific 
                information necessary for the Administrator to 
                ascertain whether the State has satisfied the 
                requirements described in subparagraphs (A) through 
                (E).
          ``(2) Request.--If a request described in paragraph (1)(F) is 
        proposed pursuant to a petition to the Administrator, the 
        Administrator shall only make the request if the Administrator 
        does not possess the information necessary to ascertain whether 
        the State has satisfied the requirements described in 
        subparagraphs (A) through (E) of such paragraph.
          ``(3) Contents of notice; deadline for response.--A notice 
        provided under paragraph (1) shall--
                  ``(A) include findings of the Administrator detailing 
                any applicable deficiencies described in subparagraphs 
                (A) through (F) of paragraph (1); and
                  ``(B) identify, in collaboration with the State, a 
                reasonable deadline by which the State shall remedy 
                such applicable deficiencies, which shall be--
                          ``(i) in the case of a deficiency described 
                        in subparagraphs (A) through (E) of paragraph 
                        (1), not earlier than 180 days after the date 
                        on which the State receives the notice; and
                          ``(ii) in the case of a deficiency described 
                        in paragraph (1)(F), not later than 90 days 
                        after the date on which the State receives the 
                        notice.
          ``(4) Criteria for determining deficiency of state permit 
        program.--In making a determination whether a State has failed 
        to satisfy the requirements described in subparagraphs (A) 
        through (E) of paragraph (1), or a determination under 
        subsection (e)(1)(B), the Administrator shall consider, as 
        appropriate--
                  ``(A) whether the State's statutes or regulations to 
                implement a coal combustion residuals permit program 
                are not sufficient to meet the requirements described 
                in subsection (c) because of--
                          ``(i) failure of the State to promulgate or 
                        enact new statutes or regulations when 
                        necessary; or
                          ``(ii) action by a State legislature or court 
                        striking down or limiting such State statutes 
                        or regulations;
                  ``(B) whether the operation of the State coal 
                combustion residuals permit program fails to comply 
                with the requirements of subsection (c) because of--
                          ``(i) failure of the State to issue permits 
                        as required in subsection (c)(1)(E);
                          ``(ii) repeated issuance of permits by the 
                        State which do not meet the requirements of 
                        subsection (c);
                          ``(iii) failure of the State to comply with 
                        the public participation requirements of this 
                        section; or
                          ``(iv) failure of the State to implement 
                        corrective action requirements as described in 
                        subsection (c)(2)(B); and
                  ``(C) whether the enforcement of a State coal 
                combustion residuals permit program fails to comply 
                with the requirements of this section because of--
                          ``(i) failure to act on violations of 
                        permits, as identified by the State; or
                          ``(ii) repeated failure by the State to 
                        inspect or otherwise determine compliance 
                        pursuant to the process identified in 
                        subsection (b)(2)(B)(iii)(I).
  ``(e) Implementation by Administrator.--
          ``(1) Federal backstop authority.--The Administrator shall 
        implement a coal combustion residuals permit program for a 
        State only if--
                  ``(A) the Governor of the State notifies the 
                Administrator under subsection (b)(1) that the State 
                will not adopt and implement a permit program;
                  ``(B) the State has received a notice under 
                subsection (d) and the Administrator determines, after 
                providing a 30-day period for notice and public 
                comment, that the State has failed, by the deadline 
                identified in the notice under subsection (d)(3)(B), to 
                remedy the deficiencies detailed in the notice under 
                subsection (d)(3)(A); or
                  ``(C) the State informs the Administrator, in 
                writing, that such State will no longer implement such 
                a permit program.
          ``(2) Review.--A State may obtain a review of a determination 
        by the Administrator under this subsection as if the 
        determination was a final regulation for purposes of section 
        7006.
          ``(3) Other structures.--For structures that receive coal 
        combustion residuals on or after the date of enactment of this 
        section located on property within the exterior boundaries of a 
        State that the State does not have authority or jurisdiction to 
        regulate, the Administrator shall implement a coal combustion 
        residuals permit program only for those structures.
          ``(4) Requirements.--If the Administrator implements a coal 
        combustion residuals permit program for a State under paragraph 
        (1) or (3), the permit program shall consist of the 
        requirements described in subsection (c).
          ``(5) Enforcement.--
                  ``(A) In general.--If the Administrator implements a 
                coal combustion residuals permit program for a State 
                under paragraph (1)--
                          ``(i) the authorities referred to in section 
                        4005(c)(2)(A) shall apply with respect to coal 
                        combustion residuals and structures for which 
                        the Administrator is implementing the coal 
                        combustion residuals permit program; and
                          ``(ii) the Administrator may use those 
                        authorities to inspect, gather information, and 
                        enforce the requirements of this section in the 
                        State.
                  ``(B) Other structures.--If the Administrator 
                implements a coal combustion residuals permit program 
                under paragraph (3)--
                          ``(i) the authorities referred to in section 
                        4005(c)(2)(A) shall apply with respect to coal 
                        combustion residuals and structures for which 
                        the Administrator is implementing the coal 
                        combustion residuals permit program; and
                          ``(ii) the Administrator may use those 
                        authorities to inspect, gather information, and 
                        enforce the requirements of this section for 
                        the structures for which the Administrator is 
                        implementing the coal combustion residuals 
                        permit program.
          ``(6) Public participation process.--If the Administrator 
        implements a coal combustion residuals permit program for a 
        State under this subsection, the Administrator shall provide a 
        30-day period for the public participation process required in 
        paragraphs (1)(F)(i), (4)(C)(i), and (4)(E)(ii)(IV) of 
        subsection (c).
  ``(f) State Control After Implementation by Administrator.--
          ``(1) State control.--
                  ``(A) New adoption, or resumption of, and 
                implementation by state.--For a State for which the 
                Administrator is implementing a coal combustion 
                residuals permit program under subsection (e)(1)(A), or 
                subsection (e)(1)(C), the State may adopt and implement 
                such a permit program by--
                          ``(i) notifying the Administrator that the 
                        State will adopt and implement such a permit 
                        program;
                          ``(ii) not later than 6 months after the date 
                        of such notification, submitting to the 
                        Administrator a certification under subsection 
                        (b)(2); and
                          ``(iii) receiving from the Administrator--
                                  ``(I) a determination, after 
                                providing a 30-day period for notice 
                                and public comment, that the State coal 
                                combustion residuals permit program 
                                meets the requirements described in 
                                subsection (c); and
                                  ``(II) a timeline for transition of 
                                control of the coal combustion 
                                residuals permit program.
                  ``(B) Remedying deficient permit program.--For a 
                State for which the Administrator is implementing a 
                coal combustion residuals permit program under 
                subsection (e)(1)(B), the State may adopt and implement 
                such a permit program by--
                          ``(i) remedying only the deficiencies 
                        detailed in the notice pursuant to subsection 
                        (d)(3)(A); and
                          ``(ii) receiving from the Administrator--
                                  ``(I) a determination, after 
                                providing a 30-day period for notice 
                                and public comment, that the 
                                deficiencies detailed in such notice 
                                have been remedied; and
                                  ``(II) a timeline for transition of 
                                control of the coal combustion 
                                residuals permit program.
          ``(2) Review of determination.--
                  ``(A) Determination required.--The Administrator 
                shall make a determination under paragraph (1) not 
                later than 90 days after the date on which the State 
                submits a certification under paragraph (1)(A)(ii), or 
                notifies the Administrator that the deficiencies have 
                been remedied pursuant to paragraph (1)(B)(i), as 
                applicable.
                  ``(B) Review.--A State may obtain a review of a 
                determination by the Administrator under paragraph (1) 
                as if such determination was a final regulation for 
                purposes of section 7006.
          ``(3) Implementation during transition.--
                  ``(A) Effect on actions and orders.--Program 
                requirements of, and actions taken or orders issued 
                pursuant to, a coal combustion residuals permit program 
                shall remain in effect if--
                          ``(i) a State takes control of its coal 
                        combustion residuals permit program from the 
                        Administrator under paragraph (1); or
                          ``(ii) the Administrator takes control of a 
                        coal combustion residuals permit program from a 
                        State under subsection (e).
                  ``(B) Change in requirements.--Subparagraph (A) shall 
                apply to such program requirements, actions, and orders 
                until such time as--
                          ``(i) the implementing agency changes the 
                        requirements of the coal combustion residuals 
                        permit program with respect to the basis for 
                        the action or order; or
                          ``(ii) the State or the Administrator, 
                        whichever took the action or issued the order, 
                        certifies the completion of a corrective action 
                        that is the subject of the action or order.
          ``(4) Single permit program.--If a State adopts and 
        implements a coal combustion residuals permit program under 
        this subsection, the Administrator shall cease to implement the 
        permit program implemented under subsection (e)(1) for such 
        State.
  ``(g) Effect on Determination Under 4005(c) or 3006.--The 
Administrator shall not consider the implementation of a coal 
combustion residuals permit program by the Administrator under 
subsection (e) in making a determination of approval for a permit 
program or other system of prior approval and conditions under section 
4005(c) or of authorization for a program under section 3006.
  ``(h) Authority.--
          ``(1) State authority.--Nothing in this section shall 
        preclude or deny any right of any State to adopt or enforce any 
        regulation or requirement respecting coal combustion residuals 
        that is more stringent or broader in scope than a regulation or 
        requirement under this section.
          ``(2) Authority of the administrator.--
                  ``(A) In general.--Except as provided in subsections 
                (d) and (e) and section 6005, the Administrator shall, 
                with respect to the regulation of coal combustion 
                residuals, defer to the States pursuant to this 
                section.
                  ``(B) Imminent hazard.--Nothing in this section shall 
                be construed as affecting the authority of the 
                Administrator under section 7003 with respect to coal 
                combustion residuals.
                  ``(C) Enforcement assistance only upon request.--Upon 
                request from the head of a lead State agency that is 
                implementing a coal combustion residuals permit 
                program, the Administrator may provide to such State 
                agency only the enforcement assistance requested.
                  ``(D) Concurrent enforcement.--Except as provided in 
                subparagraph (C), the Administrator shall not have 
                concurrent enforcement authority when a State is 
                implementing a coal combustion residuals permit 
                program, including during any period of interim 
                operation described in subsection (c)(3)(D).
                  ``(E) Other authority.--The Administrator shall not 
                have authority to finalize the proposed rule published 
                at pages 35128 through 35264 of volume 75 of the 
                Federal Register (June 21, 2010).
                  ``(F) Other response authority.--Nothing in this 
                section shall be construed as affecting the authority 
                of the Administrator under the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9601 et seq.) with respect to coal 
                combustion residuals.
          ``(3) Citizen suits.--Nothing in this section shall be 
        construed to affect the authority of a person to commence a 
        civil action in accordance with section 7002.
  ``(i) Mine Reclamation Activities.--A coal combustion residuals 
permit program implemented by the Administrator under subsection (e) 
shall not apply to the utilization, placement, and storage of coal 
combustion residuals at surface mining and reclamation operations.
  ``(j) Definitions.--In this section:
          ``(1) Coal combustion residuals.--The term `coal combustion 
        residuals' means--
                  ``(A) the solid wastes listed in section 
                3001(b)(3)(A)(i), including recoverable materials from 
                such wastes;
                  ``(B) coal combustion wastes that are co-managed with 
                wastes produced in conjunction with the combustion of 
                coal, provided that such wastes are not segregated and 
                disposed of separately from the coal combustion wastes 
                and comprise a relatively small proportion of the total 
                wastes being disposed in the structure;
                  ``(C) fluidized bed combustion wastes;
                  ``(D) wastes from the co-burning of coal with non-
                hazardous secondary materials, provided that coal makes 
                up at least 50 percent of the total fuel burned; and
                  ``(E) wastes from the co-burning of coal with 
                materials described in subparagraph (A) that are 
                recovered from monofills.
          ``(2) Coal combustion residuals permit program.--The term 
        `coal combustion residuals permit program' means all of the 
        authorities, activities, and procedures that comprise the 
        system of prior approval and conditions implemented by or for a 
        State to regulate the management and disposal of coal 
        combustion residuals.
          ``(3) Code of federal regulations.--The term `Code of Federal 
        Regulations' means the Code of Federal Regulations (as in 
        effect on the date of enactment of this section) or any 
        successor regulations.
          ``(4) Implementing agency.--The term `implementing agency' 
        means the agency responsible for implementing a coal combustion 
        residuals permit program for a State, which shall either be the 
        lead State implementing agency identified under subsection 
        (b)(2)(B)(i) or the Administrator pursuant to subsection (e).
          ``(5) Permit; prior approval and conditions.--Except as 
        provided in subsections (b)(3) and (g), the terms `permit' and 
        `prior approval and conditions' mean any authorization, 
        license, or equivalent control document that incorporates the 
        requirements of subsection (c).
          ``(6) Revised criteria.--The term `revised criteria' means 
        the criteria promulgated for municipal solid waste landfill 
        units under section 4004(a) and under section 1008(a)(3), as 
        revised under section 4010(c).
          ``(7) Structure.--
                  ``(A) In general.--Except as provided in subparagraph 
                (B), the term `structure' means a landfill, surface 
                impoundment, or other land-based unit which receives, 
                or is intended to receive, coal combustion residuals.
                  ``(B) De minimis receipt.--The term `structure' does 
                not include any land-based unit that receives only de 
                minimis quantities of coal combustion residuals if the 
                presence of coal combustion residuals is incidental to 
                the material managed in the unit.''.
  (b) Conforming Amendment.--The table of contents contained in section 
1001 of the Solid Waste Disposal Act is amended by inserting after the 
item relating to section 4010 the following:

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

SEC. 3. 2000 REGULATORY DETERMINATION.

  Nothing in this Act, or the amendments made by this Act, shall be 
construed to alter in any manner the Environmental Protection Agency's 
regulatory determination entitled ``Notice of Regulatory Determination 
on Wastes From the Combustion of Fossil Fuels'', published at 65 Fed. 
Reg. 32214 (May 22, 2000), that the fossil fuel combustion wastes 
addressed in that determination do not warrant regulation under 
subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.).

SEC. 4. TECHNICAL ASSISTANCE.

  Nothing in this Act, or the amendments made by this Act, shall be 
construed to affect the authority of a State to request, or the 
Administrator of the Environmental Protection Agency to provide, 
technical assistance under the Solid Waste Disposal Act (42 U.S.C. 6901 
et seq.).

SEC. 5. FEDERAL POWER ACT.

  Nothing in this Act, or the amendments made by this Act, shall be 
construed to affect the obligations of an owner or operator of a 
structure (as defined in section 4011 of the Solid Waste Disposal Act, 
as added by this Act) under section 215(b)(1) of the Federal Power Act 
(16 U.S.C. 824o(b)(1)).

                          Purpose and Summary

    The legislation is a new approach to establishing a permit 
program under the Solid Waste Disposal Act (commonly referred 
to as the Resource Conservation and Recovery Act or RCRA). It 
establishes, in statute, a Federal standard of protection that 
consists of minimum requirements that will ensure protection of 
human health and the environment. The purpose of the 
legislation is to establish the minimum requirements for the 
proper management and disposal of materials generated by the 
combustion of coal that will be implemented through State-based 
permit programs. The minimum requirements in H.R. 2218 utilize 
the framework and Federal requirements of the existing 
municipal solid waste landfill management program in addition 
to other protective, minimum Federal requirements for the 
management and disposal of coal combustion residuals. The bill 
allows State permit programs to be more stringent than the 
minimum requirements outlined in the bill. The legislation also 
is intended to encourage recovery and beneficial use of coal 
combustion residuals.

                  Background and Need for Legislation


                           EPA PROPOSED RULE

    On June 21, 2010, the Environmental Protection Agency (EPA) 
promulgated a proposed rule to regulate coal combustion 
residuals (75 FR 35128) (the ``Proposed Rule''). In the 
Proposed Rule, EPA set out three regulatory options for 
management of coal combustion residuals. One proposal would 
create an enforceable permit program for coal combustion 
residuals under Subtitle C of RCRA. The other two proposals 
would impose self-implementing requirements under Subtitle D of 
RCRA. The second proposal, under Subtitle D, would require the 
automatic phase out of surface impoundments regardless of 
whether the surface impoundments were structurally sound or 
resulting in a release of pollutants to the environment. A 
third alternative also would regulate coal combustion residuals 
under Subtitle D, but would not require such a phase out of 
surface impoundments.
    Many stakeholders believe that EPA's proposal to regulate 
combustion residuals under Subtitle C of RCRA (under which EPA 
regulates hazardous waste) placed an unwarranted stigma on coal 
combustion residuals and threatened their beneficial re-use. 
Furthermore, to regulate coal combustion residuals under 
Subtitle C of RCRA, EPA would have to reverse the regulatory 
determinations made under the Bevill Amendment.\1\ And it is 
not clear that EPA could legally reverse the regulatory 
determinations in that manner.
---------------------------------------------------------------------------
    \1\In 1980, the ``Bevill Amendment'' precluded EPA from listing 
coal ash (and other large volume, low toxicity wastes) as hazardous 
waste until it had conducted a study and made a report to Congress 
regarding the characteristics and management of these materials, to 
determine whether regulation under subtitle C was warranted. In 
regulatory determinations issued in 1993 and in 2000, pursuant to the 
Bevill Amendment, EPA has found that subtitle C regulation of coal ash 
is not warranted. In the 2000 regulatory determination EPA said that 
federal regulation under subtitle D would be appropriate.
---------------------------------------------------------------------------
    Concern also was raised regarding EPA's other proposals; 
specifically, that the new regulations under Subtitle D of RCRA 
would lead to the closure of structurally-sound surface 
impoundments not posing a pollution risk, a significant loss of 
jobs, and higher energy costs.

                             BENEFICIAL USE

    Coal combustion residuals are a valuable constituent in a 
variety of products and applications. The Proposed Rule and the 
suggestion that coal combustion residuals be regulated as a 
hazardous waste created significant uncertainty regarding 
beneficial reuse of coal combustion residuals. Companies 
engaged in the beneficial use of coal combustion residuals have 
testified before the Committee that EPA's proposal to regulate 
disposed CCRs as hazardous waste has created a stigma in the 
beneficial use marketplace, causing contractors, engineers and 
architects who use or specify the use of coal combustion 
residuals in various products, such as concrete and wall board, 
and in various applications, such as road base, to reduce their 
demand for coal combustion residuals that are beneficially 
used, and also causing utilities in some cases to restrict 
their supply of coal combustion residuals for beneficial use. 
H.R. 2218 makes clear that disposed coal combustion residuals 
are not to be regulated as hazardous waste which should remove 
the stigma that has been negatively impacting the beneficial 
use marketplace. The Committee intends to promote the 
environmental and economic benefits of a robust beneficial use 
market because beneficial use conserves natural resources, 
improves the durability and strength of manufactured products 
and structures, reduces greenhouse gas emissions, lessens the 
need for waste disposal units, and provides significant 
domestic economic benefits.

                               LITIGATION

    On April 5, 2012, several environmental groups filed a 
lawsuit in the United States District Court for the District of 
Columbia seeking to compel EPA to issue a final rule to 
regulate coal combustion residuals. Several other stakeholders 
have since joined the litigation including two companies that 
beneficially reuse coal combustion residuals. The environmental 
plaintiffs requested that the Court order EPA to complete the 
rulemaking for coal combustion residuals within six months. EPA 
notified the Court that because of the complexity of the rule 
and because the Agency received almost 450,000 comments on the 
Proposed Rule, the Agency needs more time than six months to 
promulgate a legally defensible rule. It is the Committee's 
expectation that H.R. 2218 would provide a legislative solution 
and resolve the pending litigation.

                               BACKGROUND

    H.R. 2218 is similar to H.R. 2273, which passed the House 
during the 112th Congress on October 14, 2011, and was 
introduced in the Senate as S. 1751 by Senators Hoeven and 
Conrad. The text of H.R. 2273 was included as an amendment to 
H.R. 4348, the ``Surface Transportation Extension Act of 2012, 
Part II.'' Senators Hoeven and Baucus introduced a revised 
version, S. 3512, on August 2, 2012. S. 3512 had 24 original 
cosponsors, twelve Democrats and twelve Republicans. The text 
of S. 3512 was included in H.R. 3409, which passed the House on 
September 21 2012. The Subcommittee on Environment and the 
Economy held a hearing on a Discussion Draft, the ``Coal Ash 
Recycling and Oversight Act of 2013,'' which was the same text 
as S. 3512. H.R. 2218 is the product of additional bi-partisan, 
bi-cameral, and inter-branch discussions regarding the 
management and disposal of coal combustion residuals.

                                Hearings

    On April 11, 2013, the Subcommittee on Environment and the 
Economy held a hearing on a ``Discussion Draft, the Coal Ash 
Recycling and Oversight Act of 2013.'' The Subcommittee 
received testimony from:
           Mathy Stanislaus, Assistant Administrator of 
        the Office of Solid Waste and Emergency Response, 
        United States Environmental Protection Agency;
           Robert J. Martineau, Jr., Commissioner, 
        Tennessee Department of Environment and Conservation;
           Stephen A. Cobb, P.E., Chief, Governmental 
        Hazardous Waste Branch Land Division, Alabama 
        Department of Environmental Management;
           Susan Parker Bodine, Partner, Barnes & 
        Thornburg LLP;
           Lisa Evans, Senior Administrative Counsel, 
        Earthjustice; and,
           Jack Spadaro, Mine Safety & Health and 
        Environmental Consultant.

                        Committee Consideration

    On June 3, 2013, Representative David McKinley introduced 
H.R. 2218, the ``Coal Residuals Reuse and Management Act of 
2013.'' On June 5 and 6, 2013, the Subcommittee on Environment 
and the Economy met in open markup session and by voice vote 
forwarded the bill, without amendment, to the full Committee 
for consideration. During the subcommittee markup no amendments 
were offered.
    On June 18 and 19, 2013, the full Committee on Energy and 
Commerce met in open markup session and considered H.R. 2218. 
During the markup, six amendments were offered and one, offered 
by Mr. Shimkus, was adopted by voice vote. On June 19, 2013, 
the Committee ordered H.R. 2218 favorably reported to the 
House, as amended, by a record vote of 31 ayes and 16 nays.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto. There were five record votes taken in connection with 
ordering H.R. 2218 reported. A motion by the Chair to order 
H.R. 2218 reported to the House, as amended, was agreed to by a 
recorded vote of 31 ayes and 16 nays. The following reflects 
the recorded votes taken during the Committee consideration:


                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee held a legislative 
hearing on April 11, 2013, and made findings that are reflected 
in this report.

         Statement of General Performance Goals and Objectives

    The goal and objective of H.R. 2218 is to create a State-
based regulatory program for coal combustion residuals under 
Subtitle D of the Solid Waste Disposal Act.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
2218, the ``Coal Ash Recycling and Oversight Act of 2013,'' 
would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

       Earmark, Limited Tax Benefits, and Limited Tariff Benefits

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
2218, the ``Coal Ash Recycling and Oversight Act of 2013,'' 
contains no earmarks, limited tax benefits, or limited tariff 
benefits.

                        Committee Cost Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                                     June 28, 2013.
Hon. Fred Upton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2218, the Coal 
Residuals Reuse and Management Act of 2013.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 2218--Coal Residuals Reuse and Management Act of 2013

    Summary: H.R. 2218 would provide for the management and 
disposal of coal combustion residuals (CCR) under subtitle D of 
the Solid Waste Disposal Act, also known as the Resource 
Conservation and Recovery Act (RCRA). (CCR consists of 
inorganic residues that remain after pulverized coal is 
burned.) Consistent with subtitle D of RCRA, this legislation 
would allow states to create and enforce their own CCR permit 
programs while providing the Environmental Protection Agency 
(EPA) with limited authority to review states' permit programs. 
However, H.R. 2218 would enable EPA to directly regulate CCR in 
states that fail to set up their own programs or in states 
where the permit program is determined to be deficient and is 
not subsequently remedied by the state.
    CBO estimates that implementing this legislation would cost 
$2 million over the 2014-2018 period, subject to the 
availability of appropriated funds. Enacting H.R. 2218 would 
not affect direct spending or revenues; therefore, pay-as-you-
go procedures do not apply.
    H.R. 2218 would impose intergovernmental mandates as 
defined in the Unfunded Mandates Reform Act (UMRA) by expanding 
an existing preemption of state laws that regulate greenhouse 
gases from motor vehicles and by requiring states to notify EPA 
whether they will adopt and implement a permit program for CCR. 
The bill also would impose an intergovernmental and private-
sector mandate on owners and operators of structures that 
receive CCR by establishing minimum federal requirements for 
the management and disposal of CCR. Based on information from 
EPA, a small number of public entities would be required to 
comply with the federal standards, and CBO estimates that the 
cost for those entities to comply would fall below UMRA's 
annual threshold for intergovernmental mandates ($75 million in 
2013, adjusted annually for inflation). However, given the 
number of private-sector entities that would need to take 
corrective action and the costs to comply, CBO estimates that 
the cost of the mandates would probably exceed the annual 
threshold established in UMRA for private-sector mandates ($150 
million in 2013, adjusted annually for inflation).
    Estimated cost to the Federal Government: CBO estimates 
that implementing H.R. 2218 would cost EPA $2 million over the 
next five years. The costs of this legislation fall within 
budget function 300 (natural resources and environment).
    Basis of estimate: For this estimate, CBO assumes that H.R. 
2218 will be enacted by the beginning of fiscal year 2014 and 
that the necessary amounts will be made available from 
appropriated funds.

Certification of State CCR Permit Programs and CCR Permitting on Tribal 
        Lands

    Based on information from EPA and other industry experts, 
CBO expects that all states with coal-fired power plants (that 
is, 45 states and Puerto Rico) would probably elect to operate 
their own programs to manage disposal of the waste material. 
Under this legislation, states would have six months after the 
bill's enactment to notify EPA of their intentions to adopt and 
implement their own CCR permit program; then, within three 
years of the bill's enactment, the state agencies responsible 
for implementing the permit programs would be required to 
submit certifications of the state programs to EPA.
    In addition, this legislation would require EPA to 
implement a CCR permit program on tribal lands. Because this 
legislation would not provide EPA with the authority to 
substantially review certifications and because there are only 
three coal-generating stations located on tribal lands that 
would require permits, CBO estimates that EPA's workload for 
this activity over the 2014-2018 period would not be 
significant.
    Based on information from EPA, CBO estimates that, over the 
2014-2018 period, EPA would incur costs of about $200,000 to 
$300,000 annually to support the initial certification process.

Review of existing State CCR Permit Programs

    H.R. 2218 would provide EPA with the authority to evaluate 
whether a state's CCR permit program is being implemented 
consistent with the minimum program specifications established 
under the bill. Consequently, EPA's costs to implement the 
legislation could increase beginning in 2018--after state 
programs are certified and operational--to the extent that EPA 
would need to review certain state CCR permit programs for 
deficiencies. According to EPA and other industry experts, such 
reviews could be initiated by a petition for government action 
from an environmental group or other interested parties.
    While it is not likely that EPA would immediately review 
the CCR permit programs for all states, some reviews of 
programs in states with high coal consumption would probably be 
initiated beginning in 2018. Based on information from EPA, CBO 
estimates that reviewing a state program would cost, on 
average, about $165,000 and would generally take less than one 
year to complete. Thus, assuming that EPA would initiate 
reviews of several state CCR permit programs beginning in 2018, 
CBO estimates that work would cost $1 million to $2 million in 
2016. (Additional reviews and EPA costs could occur after 
2018.)
    Pay-As-You-Go considerations: None.
    Intergovernmental and private-sector impact: H.R. 2218 
would impose intergovernmental mandates as defined in UMRA by 
expanding an existing preemption of state laws that regulate 
greenhouse gases from motor vehicles and by requiring states to 
tell EPA whether they will adopt and implement a permit program 
for CCR. Although the preemption would limit the application of 
state law, CBO estimates that it would impose no duty on state 
governments that would result in additional spending. CBO 
estimates that the cost, if any, of the notification 
requirement would be small. If states chose to adopt and 
implement a CCR program, any costs they incurred would result 
from participation in a voluntary federal program and not from 
the requirements of an intergovernmental mandate.
    By establishing minimum federal requirements for the 
management and disposal of CCR, the bill would impose an 
intergovernmental and private-sector mandate on owners and 
operators of structures that receive CCR. Based on information 
from EPA, a small number of public entities would be required 
to comply with the federal standards, and CBO estimates that 
the cost for those entities to comply would fall below UMRA's 
annual threshold for intergovernmental mandates ($75 million in 
2013, adjusted annually for inflation).
    The cost of the mandate on the private sector would depend 
on the number of entities that would need to take corrective 
action. Based on information from EPA and industry sources, CBO 
estimates that those costs would amount to $150 million or more 
annually. Consequently, the cost of the mandates would probably 
exceed the annual threshold established in UMRA for private-
sector mandates ($150 million in 2013, adjusted annually for 
inflation).
    Estimate prepared by: Federal Costs: Susanne S. Mehlman and 
Susan Willie; Impact on State, Local, and Tribal Governments: 
Melissa Merrell; Impact on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                    Duplication of Federal Programs

    No provision of H.R. 2218 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    The Committee estimates that enacting H.R. 2218 does not 
specifically direct to be completed specific rule making within 
the meaning of 5 U.S.C. 551.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Short title and table of contents

    This section provides the short title of ``Coal Residuals 
Reuse and Management Act of 2013'' and identifies the sections 
of the bill as follows: Section 1, Short Title and Table of 
Contents; Section 2, Management and Disposal of Coal Combustion 
Residuals; Section 3, 2000 Regulatory Determination; Section 4, 
Technical Assistance, and Section 5, Federal Power Act.

Section 2. Management and disposal of coal combustion residuals

    Section 2 amends Subtitle D of the Solid Waste Disposal Act 
(42 U.S.C. 6941 et seq.) by adding a new section, section 4011, 
Management and Disposal of Coal Combustion Residuals.
    Subsection (a) of new section 4011 permits States to choose 
whether to adopt and implement a coal combustion residuals 
(CCRs) permit program. It is the intent of the Committee that 
such a permit program be adopted and implemented in every State 
that generates, stores, disposes of, or uses CCRs. The 
Committee believes that States are best situated to create a 
permit program, and the Committee intends to provide States 
flexibility regarding their individual permit programs while 
ensuring that States have the necessary authorities and 
procedures, including staffing and technical capabilities, to 
allow them to implement a permit program that meets the minimum 
requirements set out in this bill.
    Subsection (b) of new section 4011 sets out certain 
requirements a State must comply with to adopt and implement a 
permit program. Paragraph (b)(1) requires a State that intends 
to adopt and implement a coal combustion residuals permit 
program to notify the Administrator of the EPA that it intends 
to do so within six months of enactment.
    Paragraph (b)(2) of new section 4011 requires States that 
intend to adopt and implement a permit program to certify to 
EPA, within 36 months of enactment, that the permit program 
meets the specifications set out in this section. The 
certification must identify the lead State agency responsible 
for implementing the permit program and any other State 
agencies involved. The certification also must contain a 
narrative explanation of how the State permit program will meet 
the specifications, a description of the State's process to 
inspect and enforce the permit program, the public 
participation process for promulgation of regulations and 
issuance of permits, and a description of the State statutes, 
regulations, or policies regarding: public access to 
information and structural integrity or dam safety. Paragraph 
(b)(2) further requires that each State that intends to 
implement a permit program provide a legal certification that 
it has fully effective statutes or regulations necessary to 
carry out the permit program. The Committee expects that States 
will have the appropriate statutes or regulations in effect at 
the time of the certification and will provide copies of the 
statutes and regulations to the Administrator. The Committee 
intends that States will promulgate statutes and regulations 
necessary to implement a coal combustion residuals permit 
program. The Committee acknowledges that a State may need to 
update the certification as necessary to reflect changes to the 
permit program. The Committee also acknowledges that, 
consistent with the State Implementation Rule for the Part 258 
municipal solid waste landfill permit program (40 CFR Part 
239), a legal certification may be signed by either the State 
Attorney General or independent legal counsel designated by the 
State.
    Paragraph (b)(3) of new section 4011 provides that, in 
order to adopt or implement a permit program, the State must 
maintain an approved program for municipal solid waste under 
section 4005(c) or an authorized hazardous waste program under 
section 3006 of the Solid Waste Disposal Act. It is the view of 
the Committee that States with an approved program under 
section 4005(c) or an authorized program under section 3006 of 
the Solid Waste Disposal Act already have adequately 
demonstrated to the Administrator that they are capable of 
administering such permit programs and that EPA approval prior 
to the start of implementation is not necessary. Upon 
submission of its certification, the Committee intends that a 
State immediately may commence or continue the implementation 
of a permit program. States that already are implementing a 
permit program may continue to operate the program while the 
State completes the certification process.
    Subsection (c) of new section 4011 lays out the 
requirements for a coal combustion residuals permit program. 
The Committee intends that the requirements in subsection (c) 
are minimum national criteria to ensure protection of human 
health and the environment, and they comprise a Federal 
standard of protection for the regulation of coal combustion 
residuals. The Committee believes that permit programs that 
incorporate the minimum requirements in the bill will be 
protective of human health and the environment. Paragraph 
(c)(1) describes the specifications for a permit program as 
follows.
    Paragraph (c)(1) of new section 4011 requires that specific 
provisions of the revised criteria set out in paragraph (c)(2) 
be applied to owners or operators of structures, including 
surface impoundments, that receive coal combustion residuals. 
Paragraph (c)(1) also requires that structures that receive 
coal combustion residuals as of the date of enactment take 
actions required under paragraph (c)(3), imposes requirements 
for surface impoundments that do not meet the criteria in 
paragraph (c)(4), and requires that closure of structures occur 
in accordance with paragraph (c)(5).
    Subparagraph (c)(1)(B) of new section 4011 requires 
structural stability assessments for all structures used for 
the storage and disposal of coal combustion residuals. This 
subparagraph requires that permit programs have an independent, 
registered, professional engineer certify that the design of 
each structure is in accordance with recognized and generally 
accepted good engineering practices for containment of the 
maximum volume of coal combustion residuals and liquids that 
can be impounded therein. An independent, registered, 
professional engineer also must certify that the construction 
and maintenance will ensure structural stability.
    The Committee intends that ``recognized and generally 
accepted good engineering practices'' be defined in the same 
manner as EPA defined the term in the Proposed Rule as 
``engineering, operation, or maintenance activities based on 
established codes, standards, published technical reports or 
recommended practices or a similar document.'' EPA further 
explained that ``recognized and generally accepted good 
engineering practices detail generally approved ways to perform 
specific engineering, inspection or mechanical integrity 
activities.'' The Committee intends that the term 
``independent'' also has the meaning attributed to it by EPA in 
the Proposed Rule and means a registered professional engineer 
who is not an employee of the owner or operator of a structure. 
This subparagraph requires that the construction and 
maintenance of structures ensure dam stability and requires 
that the owner or operator of a structure prepare an emergency 
action plan for a structure that is classified by the 
implementing agency as ``high hazard'' pursuant to the 
guidelines published by the Federal Emergency Management Agency 
(FEMA). This subparagraph also requires that surface 
impoundments that receive CCRs after enactment be inspected at 
least annually by an independent registered professional 
engineer to ensure that they remain able to contain the maximum 
volume of coal combustion residuals and liquids, and be 
evaluated periodically for appearances of structural weakness. 
This subparagraph also provides authority to require that 
action be taken to remedy identified deficiencies and 
authorizes the implementing agency to require closure if 
deficiencies are not corrected. The Committee acknowledges that 
most States have dam safety personnel with expertise in making 
determinations regarding the structural deficiency of a surface 
impoundment. Therefore, this subparagraph requires that the 
implementing agency consult with State dam safety officials 
when making a determination under this subparagraph.
    Subparagraph (c)(1)(C) of new section 4011 provides that 
new structures that first receive coal combustion residuals 
after the date of enactment must be constructed with a minimum 
base of 2 feet above the upper limit of the water table unless 
it is demonstrated to the satisfaction of the agency 
implementing a permit program that the hydrogeologic 
characteristics of the structure preclude the requirement and 
that the liner system will not be impacted by contact with the 
water table.
    Subparagraph (D) of paragraph (c)(1) of new section 4011 
provides that a permit program address wind dispersal of dust 
by requiring cover or wetting of coal combustion residuals to a 
moisture content that prevents wind dispersal and facilitates 
compaction, but does not result in free liquids. The owner or 
operator of a structure may suggest alternative methods to 
address wind dispersal, but the agency implementing a permit 
program must review and approve the alternate method.
    Subparagraph (E) of paragraph (c)(1) of new section 4011 
requires the agency responsible for implementing a permit 
program to require the owner or operator of any structure that 
receives CCRs after enactment to apply for and obtain a permit 
that incorporates the requirements set out in subsection (c).
    Subparagraph (F) of paragraph (c)(1) of new section 4011 
requires that, with the exception of information that is 
protected under section 1905 of Title 18, United States Code, 
documents for permit determinations be made available for 
public review and comment pursuant to the State's public notice 
and comment process described in the certification under 
subparagraph (b)(2)(B). This subparagraph also requires that 
final determinations on permit applications and groundwater 
monitoring data be made publicly available.
    Subparagraph (G) of paragraph (c)(1) of new section 4011 
provides the agency implementing a permit program with 
authority to obtain information and to conduct monitoring and 
testing to make sure that structures are in compliance with the 
requirements of subsection (c). This subparagraph also provides 
the implementing agency authority to enter, at reasonable 
times, any site or premise subject to a permit program to 
review records relevant to the operation and maintenance of 
structures or to inspect structures. This subparagraph provides 
that an agency implementing a permit program that conducts 
monitoring or testing, must (if requested) provide to the owner 
or operator a written description of the monitoring or testing 
completed and at the time of sampling, provide a portion of 
each sample equal in volume or weight to that retained by or 
for the agency, and the results of sample analysis.
    Paragraph (c)(2) of new section 4011 specifies a subset of 
the criteria set out in Title 40, Part 258 of the Code of 
Federal Regulations that are required to be part of a coal 
combustion residuals permit program. Part 258 was promulgated 
by EPA pursuant to direction from Congress (in sections 4010(c) 
and 4004(a) of RCRA) that the criteria be necessary ``to 
protect human health and the environment.'' Further, EPA stated 
in the Proposed Rule as follows:

          [I]n developing the proposed RCRA subtitle D option 
        for CCRs, EPA considered a number of existing 
        requirements as relevant models for minimum national 
        standards for the safe disposal of CCRs. The primary 
        source was the existing requirements under 40 CFR part 
        258, applicable to municipal solid waste landfills, 
        which provide a comprehensive framework for all aspects 
        of disposal in land-based units, such as CCR landfills. 
        Based on the Agency's substantial experience with these 
        requirements, EPA believes that the part 258 criteria 
        represent a reasonable balance between ensuring the 
        protection of human health and the environment from the 
        risks of these wastes and the practical realities of 
        facilities' ability to implement the criteria.

    The Committee believes that by incorporating the revised 
criteria in Part 258--which were promulgated by EPA as those 
necessary to protect human health and the environment--the 
minimum requirements set out in H.R. 2218 fully protect human 
health and the environment.
    Subparagraph (A) of paragraph (c)(2) of new section 4011 
specifically includes the revised criteria from 40 CFR Part 258 
regarding design requirements. A permit program must include 
design criteria in 40 CFR 258.40 for new structures and lateral 
expansions of structures that begin receiving coal combustion 
residuals after the date of enactment, except that the leachate 
collection system requirements in section 258.40(a)(2) do not 
apply to structures that are surface impoundments.
    Subparagraph (B) of paragraph (c)(2) of new section 4011 
requires that all structures that receive coal combustion 
residuals on or after the date of enactment have groundwater 
monitoring as described in 40 CFR 258 subpart E. This 
subparagraph also incorporates additional groundwater 
monitoring constituents specific to coal combustion residuals. 
Specifically included in the minimum requirements for detection 
monitoring are: boron, chloride, conductivity, fluoride, 
mercury, pH, sulfate, and total dissolved solids. For 
assessment monitoring establishing a groundwater protection 
standard, and assessment of corrective measures, the minimum 
requirements include: aluminum, boron, chloride, fluoride, 
iron, manganese, molybdenum, pH, sulfate, and total dissolved 
solids.
    Subparagraph (C) of paragraph (c)(2) of new section 4011 
specifies the applicable requirements in 40 CFR 258.60 for 
closure. The Committee recognizes that certain requirements in 
40 CFR 258.60 are not applicable and therefore, are excluded.
    Subparagraph (D) of paragraph (c)(2) of new section 4011 
requires a permit program to include the requirements in 40 CFR 
258.61 for post-closure care.
    Subparagraph (E) of paragraph (c)(2) of new section 4011 
requires a permit program to have location restrictions 
appropriate to the type of structure. The Committee recognizes 
that new structures and lateral expansions of existing 
structures require different siting restrictions from those 
applicable for existing structures. New structures and lateral 
expansions of existing structures that begin receiving coal 
combustion residuals after the date of enactment must comply 
with the location restrictions in 40 CFR 258.11 through 258.15. 
Permitting of existing structures need only include the 
location restrictions in 40 CFR 258.11 and 258.15.
    Subparagraph (F) of paragraph (c)(2) of new section 4011 
requires a permit program to include the requirements in 40 CFR 
Part 258.24. The Committee considers the applicable Clean Air 
Act provisions and individual State fugitive dust requirements 
adequate to address any potential dust issues with coal 
combustion residuals structures, but this Title requires that 
structures that receive coal combustion residuals after 
enactment also comply with the revised criteria for air quality 
described in section 40 CFR 258.24.
    Subparagraph (G) of paragraph (c)(2) of new section 4011 
requires a permit program to include the financial assurance 
requirements in 40 CFR 258 subpart G.
    Subparagraph (H) of paragraph (c)(2) of new section 4011 
requires a permit program to include the surface water 
requirements in section 40 CFR 258.27.
    Subparagraph (I) of paragraph (c)(2) of new section 4011 
requires a permit program to include the recordkeeping 
requirements in section 40 CFR 258.29.
    Subparagraph (J) of paragraph (c)(2) of new section 4011 
requires a permit program to apply the revised criteria for 
run-on and run-off control systems described in 40 CFR 258.26 
to landfills and other land-based units, other than surface 
impoundments, that receive coal combustion residuals after the 
date of enactment.
    Subparagraph (K) of paragraph (c)(2) of new section 4011 
requires a permit program to apply only the revised criteria 
for run-off control systems described in 40 CFR 258.26(a)(2) to 
surface impoundments that receive coal combustion residuals 
after the date of enactment.
    Paragraph (c)(3) of new section 4011 sets a schedule for 
permit program implementation for structures that receive CCR 
on or after the date of enactment. Not later than when a State 
submits its permit program certification to the Administrator, 
30 months after a State notifies the Administrator of EPA that 
it does not intend to develop a CCR permit program, or 36 
months after the date of enactment when the Administrator is 
implementing a permit program under subsection (e)(3), the 
implementing agency must notify owners of structures receiving 
CCRs, as of the date of enactment, of the obligation to obtain 
a permit and of the requirements (in subparagraph (c)(3)(B)) 
that the owners or operators will be required to comply with 
during the period of interim operation. The Committee intends 
that not later than 3 years after the date of enactment, all 
owners or operators of structures will be notified of the 
applicable coal combustion residual permit program 
requirements.
    Subparagraph (c)(3)(B) of new section 4011 establishes a 
schedule by which owners or operators of structures that are 
receiving CCRs as of the date of enactment must comply with 
certain requirements from subsections (c)(1) and (c)(2); in 
particular, the (c)(1) requirements regarding creation of an 
emergency action plan, annual inspection regarding the design, 
construction, and maintenance of surface impoundments, and the 
(c)(2) requirements for groundwater monitoring and corrective 
action, air quality, surface water, run-on and run-off for 
land-based units, run-off for surface impoundments, and 
specific groundwater record keeping requirements. Compliance 
with these requirements must begin no later than 12 months 
after a State submits its certification, 42 months after the 
Administrator receives notice that a State will not operate its 
own permit program, or 48 months after enactment for a program 
to be implemented by the Administrator under (e)(3). The 
Committee intends that no later than 4 years after the date of 
enactment, owners or operators of structures will comply with 
the specified requirements.
    Subparagraph (c)(3)(C) of new section 4011 provides that 
the implementing agency must issue a permit or deny an 
application within 48 months after the State submits its 
certification, 78 months after the Administrator receives 
notice from a State that it does not intend to operate its own 
permit program, or 84 months after enactment for programs 
implemented by the Administrator. The implementing agency must 
collaborate with the structure's owner or operator to identify 
a deadline by which a permit application must be submitted. The 
Committee intends that permits will be issued within seven 
years from the date of enactment.
    Subparagraph (c)(3)(D) of new section 4011 provides that 
structures receiving CCRs on or after the date of enactment may 
continue to operate under existing authority between the date 
of enactment and the deadlines by which they must comply with 
the requirements in Subparagraph (c)(3)(B). After the 
applicable deadlines and before receiving a permit that meets 
the minimum requirements, a structure in compliance with the 
requirements in subparagraph (c)(3)(B) may continue to operate 
unless it is required by the implementing agency to close under 
Paragraph (5). The purpose of this provision is to ensure that 
owners or operators may continue to operate from the date of 
enactment through the interim period of operation and to ensure 
that owners and operators that are in compliance with the 
requirements in subparagraph (c)(3)(B) may continue to operate 
even in the absence of a permit until such time as the 
implementing agency issues a final permit that incorporates the 
minimum requirements for a coal combustion residuals permit 
program or issues a permit denial.
    Paragraph (c)(4) of new section 4011 applies, in addition 
to the groundwater monitoring and corrective action 
requirements in (c)(2)(B), to surface impoundments that do not 
have a liner system described in 40 CFR 258.40(b) and that do 
not meet the design criteria described in 40 CFR 258.40(a)(1).
    Subparagraph (c)(4)(A) of new section 4011 provides that 
surface impoundments that, within 10 years of the date of 
enactment, are required to undergo an assessment of corrective 
measures for any constituent identified in paragraph (2)(B) for 
which assessment groundwater monitoring is required, must meet 
the groundwater protection standard established by the agency 
implementing the permit program at the relevant point of 
compliance as soon as practicable, but not later than 10 years 
from the date of enactment.
    Subparagraph (c)(4)(B) of new section 4011 provides that 
surface impoundments that are subject to a State corrective 
action requirement as of the date of enactment, must meet the 
groundwater protection standard established by the agency 
implementing the permit program at the relevant point of 
compliance as soon as practicable, but not later than 8 years 
from the date of enactment.
    Subparagraph (c)(4)(C) of new section 4011 provides that 
the deadlines for meeting the groundwater protection standard 
in subparagraphs (B) and (C) may be extended by the agency 
responsible for implementing the coal combustion residuals 
permit program, after opportunity for public notice and 
comment, based on the following factors: (1) consideration of 
the effectiveness of any interim measures implemented by the 
owner or operator of the facility under section 258.58(a)(3) of 
title 40, Code of Federal Regulations; (2) the level of 
progress demonstrated in meeting the groundwater protection 
standard; (3) the potential for other adverse human health or 
environmental exposures attributable to the contamination from 
the surface impoundment undergoing corrective action; and (4) 
the lack of available alternative management capacity for the 
coal combustion residuals and related materials managed in the 
impoundment at the facility at which the impoundment is located 
if the owner or operator has used best efforts, as necessary, 
to design, obtain any necessary permits, finance, construct, 
and render operational the alternative management capacity 
during the time period for meeting the groundwater protection 
standard. The deadlines may not be extended if there has been 
contamination of public or private drinking water systems 
attributable to a surface impoundment undergoing corrective 
action, unless the contamination has been addressed by 
providing a permanent replacement water system.
    Subparagraph (c)(4)(D) of new section 4011 provides that if 
the impoundments identified in (c)(4)(A) and (c)(4)(B) do not 
meet the groundwater protection standard, they must cease 
receiving coal combustion residuals and initiate closure 
pursuant to subparagraph (c)(5). This subparagraph also 
provides that, within 90 days of the date an assessment of 
corrective measures is initiated, the owner or operator of a 
surface impoundment must implement interim measures, as 
necessary, under the factors in 40 CFR 58.58(a)(3). For surface 
impoundments subject to a State corrective action requirement 
on the date of enactment, the owner or operator must implement 
interim measures, as necessary, if interim measures have not 
been previously implemented.
    Subparagraph (c)(4)(E) of new section 4011 provides that 
surface impoundments that more than 10 years after date of 
enactment are required to undergo an assessment of corrective 
measures, shall cease receiving coal combustion residuals and 
initiate closure under subparagraph (c)(5) after alternative 
management capacity for the coal combustion residuals and 
related materials managed in the impoundment at the facility is 
available. The alternative management capacity is required to 
be developed as soon as practicable with the owner or operator 
using best efforts, to design, obtain necessary permits, 
finance, construct, and render operational the alternative 
management capacity. The owner or operator must, in 
collaboration with the agency responsible for implementing the 
coal combustion residuals permit program, prepare a written 
plan, subject to public notice and comment, which describes the 
steps necessary to develop the alternative management capacity 
and includes a schedule for completion.
    Paragraph (c)(5) of new section 4011 provides that if an 
implementing agency, or the structure's owner or operator, 
determines that a structure should close, the time period and 
method for closure must be set forth in a closure plan. The 
deadline set out in the plan for completing closure must be as 
soon as practicable taking into account site-specific 
characteristics. The closure plan for surface impoundments must 
include removal of liquid and stabilization of remaining waste, 
as necessary to support the final cover. The Committee intends 
that closure of structures involve a range of site-specific 
factors and that the closure timeframes applicable to municipal 
solid waste landfills under 40 CFR, Part 258 not apply to CCRs. 
For that reason these time frames were excluded from the 
revised criteria in subsection (c)(2). For example, municipal 
solid waste landfill closure requirements in Part 258 allow 180 
days for closure, but the closure of surface impoundments 
containing coal combustion residuals may take significantly 
longer because dewatering and draining the liquid must be done 
gradually. This subsection ensures that if a permitting 
authority determines that a coal combustion waste structure 
must close, closure requirements take into account site-
specific factors and the closure plan takes into account the 
time needed to address the issue of alternate disposal capacity 
to replace the closed structure. The Committee also understands 
that coal combustion residual impoundments often serve a 
wastewater management function by receiving and handling water 
from other power plant processes, including storm water run-
off. The Committee anticipates that a closure plan, issued 
pursuant to this paragraph, would recognize this ancillary 
function and provide a reasonable time for alternative 
wastewater treatment facilities to be permitted and 
constructed.
    Subsection (d) of new section 4011 provides for Federal 
review of State permit programs and requires the Administrator 
to provide written notice to a State that fails to take certain 
actions and allows a State that receives written notice from 
the Administrator an opportunity to remedy any deficiency 
identified. The Administrator's notice requirement is triggered 
if a State fails to: (A) notify the Administrator regarding 
whether it intends to adopt and implement a permit program 
within six months of the date of enactment; (B) submit a 
certification that its permit program meets the minimum 
specifications within 36 months of the date of enactment; (C) 
maintain either an approved Municipal Solid Waste permit 
program under section 4005(c) of the Solid Waste Disposal Act 
or a hazardous waste permit program under section 3006 of the 
Solid Waste Disposal Act; (D) implement a permit program that 
meets the specifications in (c); (E) implement a permit program 
that is consistent with the certification under (b)(2) and for 
which the State continues to have in effect the statutes or 
regulations necessary to implement such permit program; or (F) 
if a State fails, upon written request from the Administrator, 
to make available information regarding whether the State has 
complied with the requirements in subparagraphs (A) through 
(E). The information must be made available within 90 days of 
the Administrator's written request. The information request 
may be made only if the Administrator does not possess the 
information requested at the time of the request.
    Paragraph (d)(3) of new section 4011 details the contents 
of a written notice provided by the Administrator to a State 
that fails to take actions identified in paragraph (d)(1). The 
Committee intends that the Administrator include in the written 
notice the Agency's findings regarding whether a State failed 
to comply with the requirements in subparagraphs (A) through 
(F). This paragraph also requires the Administrator to 
collaborate with a State that receives a written notice to set 
a reasonable deadline for the State to remedy any deficiencies 
identified by the Administrator in the notice. The deadline may 
not be sooner than six months from the date the State receives 
the written notice except for a deficiency under subparagraph 
(F) for which the deadline may not be later than 90 days.
    Paragraph (d)(4) of new section 4011 sets out deficiency 
criteria with which the Administrator can determine if a State 
permit does not meet the requirements of paragraphs (A) through 
(E) of paragraph (d)(1), or to implement a program for a State 
under subsection (e). These criteria include whether a State's 
statutes or regulations are not sufficient to meet the minimum 
requirements in subsection (c); whether a State has failed to 
promulgate or enact necessary new statutes or regulations; 
whether actions by a State legislature or court limit such 
State statutes or regulations; whether a State permit program 
fails to issue permits required in (c)(1) or repeatedly issues 
permits that do not meet the requirements in subsection (c); 
whether a State fails to comply with public participation 
requirements of this section; whether a State fails to 
implement corrective action requirements; or whether 
enforcement of a State permit does not comply with new section 
4011 because of failure to act on violations or failure to 
inspect. The Committee believes that the specific objective 
criteria listed in subparagraph (d)(4) provide the necessary 
parameters for EPA to determine whether a State permit program 
is deficient.
    Subsection (e) of new section 4011 provides that the 
Administrator must implement and administer a permit program 
for a State only if: (1) the Governor of a State notifies the 
Administrator that the State will not adopt and implement its 
own permit program; (2) the State receives a notice of 
deficiency under subsection (d) and, after completion of public 
notice and comment, fails to remedy the deficiency by the date 
agreed upon by the State and the Administrator; or (3) a State 
informs the Administrator that such State no longer wishes to 
implement a permit program. A State may obtain review of this 
determination by the Administrator as if the determination was 
a final regulation under section 7006 of the Solid Waste 
Disposal Act. The Committee intends that the Administrator's 
authority under subsection (d) to assess--at any time--whether 
a State permit program is deficient, combined with the 
authority of the Administrator under subsection (e) to assume 
implementation of a deficient permit program, provides a legal 
backstop for State permit programs.
    Paragraph (e)(3) provides that the Administrator must 
implement a permit program for structures that receive CCRs 
after enactment and that are within exterior boundaries of a 
State that a State does not have authority to regulate. The 
Committee intends that this provision only allow the 
Administrator to regulate structures on property governed by an 
Indian tribe.
    Subsection (e) further requires that in circumstances where 
the Administrator implements a permit program for a State under 
subsection (e), such a permit program be confined to the 
program specifications set forth in subsection (c) and 
specifically does not authorize a program implemented by the 
Administrator to include requirements not specifically 
identified in subsection (c).
    Paragraph (e)(5) provides that when implementing a permit 
program under subsection (e), the Administrator may inspect, 
gather information, and enforce requirements of this Act using 
the inspection and enforcement authorities referred to in 
4005(c)(2)(A) of the Solid Waste Disposal Act, which references 
sections 3007 and 3008 of the Solid Waste Disposal Act. Absent 
an imminent hazard addressed by EPA under section 7003 of the 
Solid Waste Disposal Act, nothing in new section 4011 grants 
EPA inspection and enforcement authority in States whose permit 
programs have not been assumed by the Administrator pursuant to 
the provisions of subsection (e).
    Paragraph (e)(6) provides that if implementing a CCR permit 
program for a State under subsection (e), the Administrator 
must provide a 30 day period for public participation for 
granting an extension under subparagraph (c)(4)(C)(i) and when 
developing a plan under (c)(4)(E)(ii)(IV).
    Subsection (f) of new section 4011 sets out the procedural 
requirements States must follow to regain control of their 
permit program. Subparagraph (1)(A) provides that if EPA is 
implementing a permit program because the State notified the 
Administrator that it had chosen not to do so, a State may 
resume control of its permit program by notifying the 
Administrator that it will adopt and implement a permit 
program. Within six months of notification, the State must 
certify to EPA, pursuant to the requirements provided in 
subsection (b)(2), that its program meets the minimum 
specifications for a permit program. Before a State may resume 
authority for implementation, it must receive from the 
Administrator 1) a determination, after notice and a 30 day 
period for public comment, that the State's permit program 
meets the minimum program specifications described in 
subsection (c) and 2) a timeline for transition of control of 
the permit program from the Administrator to the State agency 
responsible for implementing the State's permit program.
    Subparagraph (f)(1)(B) provides that, if the Administrator 
is implementing a permit program because a State failed to 
remedy an identified deficiency, a State may take back control 
of its permit program by (1) correcting only the deficiencies 
identified by the Administrator in the initial notice under 
subsection (d) and (2) receiving a determination from the 
Administrator, after notice and a 30 day period for public 
comment, that the State has adequately remedied any 
deficiencies in the permit program and a timeline for 
transition of control of the permit program from the 
Administrator to the State official responsible for operating 
the State's permit program.
    Subparagraph (f)(2)(A) provides that if a State begins the 
process of taking control of a permit program from the 
Administrator by submitting a certification, or notifies the 
Administrator that it has corrected any identified deficiencies 
with its permit program, the Administrator, within 90 days of 
the date on which a State initiates the process of taking back 
its permit program, is required to make a determination as to 
whether the State has met applicable statutory criteria.
    Subparagraph (f)(2)(B) allows a State to obtain a review of 
the Administrator's determination of whether a State may take 
over implementation of its permit program as if such 
determination was a final regulation subject to judicial review 
under section 7006 of the Solid Waste Disposal Act.
    Paragraph (f)(3) provides that during the transition of 
control of a permit program between a State and the 
Administrator, actions taken and orders issued remain in 
effect. This provision was included to prevent a gap in 
regulation. Control would remain with the entity transferring 
the permit program until the entity assuming the program is 
able to fully implement the permit program. Subparagraphs (A) 
and (B) require existing actions, orders, or permits issued 
pursuant to a permit program to remain in effect until the 
entity assuming control of the permit program (1) changes the 
requirements of the permit program with respect to the basis 
for the action or order or (2) certifies the completion of a 
corrective action that is the subject of the action or order.
    Paragraph (f)(4) requires that there be only one permit 
program pursuant to new section 4011 in each State at any given 
time and requires that if a State regains control of a permit 
program from the Administrator, the Administrator cease to 
implement its permit program.
    Subsection (g) prohibits the Administrator from considering 
the implementation of a permit program in making a 
determination under section 4005(c) or 3006 of this title. The 
Committee intends that if the Administrator is implementing a 
permit program under subsection (e) of new section 4011 in a 
State, the Administrator may not use that fact against a State 
in approving or withdrawing approval for a Municipal Solid 
Waste permit program under section 4005(c) of the Solid Waste 
Disposal Act or issuing or withdrawing authorization under 
section 3006 of the Solid Waste Disposal Act for a hazardous 
waste program.
    Paragraph (h)(1) provides that nothing in new section 4011 
of the Solid Waste Disposal Act precludes or denies 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 required 
under new section 4011 of the Solid Waste Disposal Act. This 
provision is consistent with other subtitles of the Solid Waste 
Disposal Act that allow States to be more stringent than the 
Federal baseline established by this legislation.
    Paragraph (h)(2) requires that, with respect to the 
regulation of coal combustion residuals, the Administrator 
defer regulation to the States unless the Administrator makes a 
deficiency finding under subsection (d), is regulating coal 
combustion residuals in a State pursuant to a program 
authorized under subsection (e), or as part of the 
Administrator's authorities regarding Federally funded projects 
involving procurement of cement or concrete under section 6005 
of the Solid Waste Disposal Act. The Committee understands that 
a blanket prohibition on the authority of the Administrator to 
regulate coal combustion residuals under any subtitle of the 
Solid Waste Disposal Act could have unintended consequences 
where State laws preclude a State from regulating more 
stringently than the Administrator. Paragraph (h)(2) also 
precludes the Administrator from promulgating additional 
regulations specifically for the regulation of coal combustion 
residuals.
    Subparagraph (h)(2)(B) is a savings clause to clarify that 
nothing in the Coal Residuals Reuse and Management Act of 2013 
affects the authority of the Administrator under section 7003 
of the Solid Waste Disposal Act to address imminent and 
substantial endangerments to health or the environment with 
respect to the disposal of coal combustion residuals.
    Subparagraph (h)(2)(C) allows the Administrator to provide 
enforcement assistance when requested by a State, but only the 
specific assistance requested by the State.
    Subparagraph (h)(2)(D) provides that, unless a State 
requests enforcement assistance, if a State is implementing a 
permit program, the Administrator would have no concurrent 
enforcement authority including during the period of interim 
operation described in subsection (c)(3)(D).
    Subparagraph (h)(2)(E) precludes the Administrator from 
finalizing the proposed rule published at pages 35138 through 
35263 of volume 75 of the Federal Register.
    Subparagraph (h)(2)(F) is a savings clause to clarify that 
nothing in the Coal Residuals Reuse and Management Act of 2013 
affects the authority of the Administrator under the 
Comprehensive Environmental Response, Compensation, Liability 
Act of 1980 (42 U.S.C. 9601 et seq.).
    Paragraph (h)(3) is a savings clause clarifying that this 
legislation does not affect the authority of a person to 
commence an action under section 7002 of the Solid Waste 
Disposal Act.
    Subsection (i) provides that a permit program implemented 
by the Administrator under subsection (e) not apply to the 
utilization, placement, and storage of coal combustion 
residuals at surface mining and reclamation operations. The 
Department of the Interior, Office of Surface Mining 
Reclamation and Enforcement under the Surface Mining Control 
and Reclamation Act (SMCRA) (30 U.S.C. 1234 et seq.) governs 
the utilization, placement, and storage of coal combustion 
residuals at surface mining and reclamation operations. In 
addition, several States utilize their solid waste laws and 
regulations to govern the utilization, placement, and storage 
of coal combustion residuals at surface mining and reclamation 
operations, and this Title does not affect such State 
authorities.
    Subsection (j) includes the following definitions:
     ``Coal combustion residuals'' includes those solid 
wastes identified in Section 3001(b)(3)(A)(i) of the Solid 
Waste Disposal Act, including recoverable materials from such 
wastes. Section 3001(b)(3)(A)(I) defines these wastes to be fly 
ash waste, bottom ash waste, slag waste, and flue gas emissions 
control waste generated primarily from the combustion of coal 
or other fossil fuels. The Committee intends that permit 
programs created pursuant to new section 4011 regulate ash 
waste generated primarily from the combustion of coal. ``Coal 
combustion residuals'' also includes other non-hazardous 
wastes: (1) coal combustion waste when co-managed with certain 
other 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 
of in the structure; (2) fluidized bed combustion wastes; (3) 
wastes from co-burning coal with non-hazardous secondary 
materials provided that coal makes up at least 50% of the total 
fuel burned; and (4) wastes that are recovered from monofills, 
which consist of wastes from co-burning coal with fly ash 
waste, bottom ash waste, slag waste, and flue gas emissions 
control waste generated primarily from the combustion of coal 
or other fossil fuels.
     ``Coal combustion residuals permit program'' means 
all of the authorities, activities, and procedures that 
comprise the system of prior approval and conditions 
implemented by or for a State to regulate the management and 
disposal of coal combustion residuals or, as conditioned in 
this Title, by the Administrator for a State.
     ``Code of Federal Regulations'' means the Code of 
Federal Regulations (as in effect on the date of enactment of 
this section) or any successor regulations.
     ``Implementing agency'' means the lead State 
implementing agency in clause (b)(2)(B)(i) or the Administrator 
acting pursuant to subsection (e).
     ``Permit; prior approval and conditions'' means 
any authorization, license, or equivalent control document that 
incorporates the requirements and revised criteria in 
subsection (c).
     ``Revised Criteria'' means the criteria 
promulgated for municipal solid waste landfill units under 
section 4004(a) and under section 1008(a)(3), as revised under 
section 4010(c). The ``revised criteria'' that serve as the 
baseline for permit programs consist of criteria that the 
Administrator promulgated pursuant to sections 1008(a)(3), 
4004(a), and 4010(c) of the Solid Waste Disposal Act. These 
applicable provisions require that the Agency's promulgated 
regulations provide:
            ``. . . for the protection of public health and the 
        environment. . . .'' [1008(a)];
            ``. . . no reasonable probability of adverse 
        effects on health or the environment'' [4004(a)]; and
            ``the criteria . . . necessary to protect human 
        health and the environment. . . .'' [4010(c)].
          Accordingly, the Committee expects that the Federal 
        standard of protection, which is comprised of the 
        minimum requirements in this legislation, will protect 
        human health and the environment without promulgation 
        of new Federal regulations for coal combustion 
        residuals. As the Environmental Protection Agency 
        acknowledged in its Proposed Rule, the ``part 258 
        criteria represent a reasonable balance between 
        ensuring the protection of human health and the 
        environment from the risks of these wastes and the 
        practical realities of facilities' ability to implement 
        the criteria.''
          Finally, while the legislation does not preclude EPA 
        from revising the criteria in Part 258, such future 
        revisions to Part 258 would apply to the entire 
        municipal solid waste landfill program.
     ``Structure'' includes landfills, surface 
impoundments, or other land-based units which may receive coal 
combustion residuals. While the Committee is aware that 40 CFR 
Part 258 was promulgated to regulate municipal solid waste 
landfills, the Committee intends this legislation to govern all 
land-based disposal units for coal combustion residuals and 
believes that the requirements in 40 CFR Part 258 are adaptable 
and appropriate for disposal of coal combustion residuals in 
structures other than solid waste landfills. The Committee 
believes that this legislation leaves no gaps between the 
requirements of 40 CFR Part 258 and what is required to 
regulate land-based disposal units other than solid waste 
landfills.
    ``Structure'' does not include any land-based unit that 
receives only de minimis quantities of coal combustion 
residuals if the presence of coal combustion residuals is 
incidental to the material managed in the unit. Nor does the 
Committee intend ``structure'' to include land-based units at 
coal-fired electric power plants--such as cooling water, 
polishing, or storm water ponds--which receive small or 
incidental amounts of, and are not intended to serve as 
disposal structures for, coal combustion residuals. The 
Committee also does not intend that the term ``other land-based 
unit'' include temporary piles or other inventories of coal 
combustion residuals stored by manufacturers for purposes of 
recycling or beneficial re-use.

Section 3. 2000 Regulatory determination

    This section provides that nothing in this Title be 
construed to alter EPA'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).

Section 4. Technical assistance

    This section provides that nothing in this Title be 
construed to affect the authority of a State to request, or the 
Administrator to provide, technical assistance under the Solid 
Waste Disposal Act (42 U.S.C. 6901 et seq.).

Section 5. Federal Power Act

    This section provides that nothing in this Title be 
construed to affect the obligations of the owner or operator of 
a structure under section 215(b)(1) of the Federal Power Act 
(16 U.S.C. 824o(b)(1)).''

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                        SOLID WASTE DISPOSAL ACT

                     TITLE II--SOLID WASTE DISPOSAL

                     Subtitle A--General Provisions

                   short title and table of contents

  Sec. 1001. This title (hereinafter in this title referred to 
as ``this Act''), together with the following table of 
contents, may be cited as the ``Solid Waste Disposal Act'':

     * * * * * * *

             Subtitle D--State or Regional Solid Waste Plans

Sec. 4001. Objectives of subtitle.
     * * * * * * *
Sec. 4011. Management and disposal of coal combustion residuals.

           *       *       *       *       *       *       *


Subtitle D--State or Regional Solid Waste Plans

           *       *       *       *       *       *       *


SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS.

  (a) State Permit Programs for Coal Combustion Residuals.--
Each State may adopt, implement, and enforce a coal combustion 
residuals permit program if such State provides the 
notification required under subsection (b)(1), and the 
certification required under subsection (b)(2).
  (b) State Actions.--
          (1) Notification.--Not later than 6 months after the 
        date of enactment of this section (except as provided 
        by the deadline identified under subsection (d)(3)(B)), 
        the Governor of each State shall notify the 
        Administrator, in writing, whether such State will 
        adopt and implement a coal combustion residuals permit 
        program.
          (2) Certification.--
                  (A) In general.--Not later than 36 months 
                after the date of enactment of this section 
                (except as provided in subsection (f)(1)(A)), 
                in the case of a State that has notified the 
                Administrator that it will implement a coal 
                combustion residuals permit program, the head 
                of the lead State implementing agency shall 
                submit to the Administrator a certification 
                that such coal combustion residuals permit 
                program meets the requirements described in 
                subsection (c).
                  (B) Contents.--A certification submitted 
                under this paragraph shall include--
                          (i) a letter identifying the lead 
                        State implementing agency, signed by 
                        the head of such agency;
                          (ii) identification of any other 
                        State agencies involved with the 
                        implementation of the coal combustion 
                        residuals permit program;
                          (iii) an explanation of how the State 
                        coal combustion residuals permit 
                        program meets the requirements of this 
                        section, including a description of the 
                        State's--
                                  (I) process to inspect or 
                                otherwise determine compliance 
                                with such permit program;
                                  (II) process to enforce the 
                                requirements of such permit 
                                program;
                                  (III) public participation 
                                process for the promulgation, 
                                amendment, or repeal of 
                                regulations for, and the 
                                issuance of permits under, such 
                                permit program;
                                  (IV) statutes, regulations, 
                                or policies pertaining to 
                                public access to information, 
                                such as groundwater monitoring 
                                data; and
                                  (V) statutes, regulations, or 
                                policies pertaining to 
                                structural integrity or dam 
                                safety that may be applied to 
                                structures through such permit 
                                program;
                          (iv) a certification that the State 
                        has in effect, at the time of 
                        certification, statutes or regulations 
                        necessary to implement a coal 
                        combustion residuals permit program 
                        that meets the requirements described 
                        in subsection (c); and
                          (v) copies of State statutes and 
                        regulations described in clause (iv).
                  (C) Updates.--A State may update the 
                certification as needed to reflect changes to 
                the coal combustion residuals permit program.
          (3) Maintenance of 4005(c) or 3006 program.--In order 
        to adopt or implement a coal combustion residuals 
        permit program under this section (including pursuant 
        to subsection (f)), the State implementing agency shall 
        maintain an approved permit program or other system of 
        prior approval and conditions under section 4005(c) or 
        an authorized program under section 3006.
  (c) Requirements for a Coal Combustion Residuals Permit 
Program.--A coal combustion residuals permit program shall 
consist of the following:
          (1) General requirements.--
                  (A) In general.--The implementing agency 
                shall--
                          (i) apply the subset of the revised 
                        criteria described in paragraph (2) to 
                        owners or operators of structures, 
                        including surface impoundments, that 
                        receive coal combustion residuals on or 
                        after the date of enactment of this 
                        section;
                          (ii) with respect to structures that 
                        are receiving coal combustion residuals 
                        as of the date of enactment of this 
                        section, take the actions required 
                        under paragraph (3);
                          (iii) impose requirements for surface 
                        impoundments that do not meet certain 
                        criteria pursuant to paragraph (4); and
                          (iv) require that closure of 
                        structures occur in accordance with 
                        paragraph (5).
                  (B) Structural integrity.--
                          (i) Engineering certification.--The 
                        implementing agency shall require that 
                        an independent registered professional 
                        engineer certify that--
                                  (I) the design of each 
                                structure that receives coal 
                                combustion residuals on or 
                                after the date of enactment of 
                                this section is in accordance 
                                with recognized and generally 
                                accepted good engineering 
                                practices for containment of 
                                the maximum volume of coal 
                                combustion residuals and 
                                liquids which can be impounded 
                                therein; and
                                  (II) the construction and 
                                maintenance of the structure 
                                will ensure structural 
                                stability.
                          (ii) Emergency action plan.--The 
                        implementing agency shall require that 
                        the owner or operator of any structure 
                        that is a surface impoundment that 
                        receives coal combustion residuals on 
                        or after the date of enactment of this 
                        section and that is classified by the 
                        State as posing a high hazard potential 
                        pursuant to the guidelines published by 
                        the Federal Emergency Management Agency 
                        entitled ``Federal Guidelines for Dam 
                        Safety: Hazard Potential Classification 
                        System for Dams'' (FEMA Publication 
                        Number 333) prepare and maintain an 
                        emergency action plan that identifies 
                        responsible persons and actions to be 
                        taken in the event of a dam safety 
                        emergency.
                          (iii) Inspection.--
                                  (I) In general.--The 
                                implementing agency shall 
                                require that structures that 
                                are surface impoundments that 
                                receive coal combustion 
                                residuals on or after the date 
                                of enactment of this section be 
                                inspected not less than 
                                annually by an independent 
                                registered professional 
                                engineer to assure that the 
                                design, operation, and 
                                maintenance of the surface 
                                impoundment is in accordance 
                                with recognized and generally 
                                accepted good engineering 
                                practices for containment of 
                                the maximum volume of coal 
                                combustion residuals and 
                                liquids which can be impounded 
                                therein, so as to ensure dam 
                                stability.
                                  (II) Potentially hazardous 
                                conditions.--The implementing 
                                agency shall require that if an 
                                inspection under subclause (I), 
                                or a periodic evaluation under 
                                clause (iv), reveals a 
                                potentially hazardous 
                                condition, the owner or 
                                operator of the structure shall 
                                immediately take action to 
                                mitigate the potentially 
                                hazardous condition and notify 
                                appropriate State and local 
                                first responders.
                          (iv) Periodic evaluation.--The 
                        implementing agency shall require that 
                        structures that are surface 
                        impoundments that receive coal 
                        combustion residuals on or after the 
                        date of enactment of this section be 
                        periodically evaluated for appearances 
                        of structural weakness.
                          (v) Deficiency.--
                                  (I) In general.--If the head 
                                of the implementing agency 
                                determines that a structure is 
                                deficient with respect to the 
                                requirements in clause (i), 
                                (iii), or (iv), the head of the 
                                agency has the authority to 
                                require action to correct the 
                                deficiency according to a 
                                schedule determined by the 
                                agency.
                                  (II) Uncorrected 
                                deficiencies.--If a deficiency 
                                is not corrected according to 
                                the schedule, the head of the 
                                implementing agency has the 
                                authority to require that the 
                                structure close in accordance 
                                with paragraph (5).
                                  (III) Dam safety 
                                consultation.--In the case of a 
                                structure that is a surface 
                                impoundment, the head of the 
                                implementing agency shall, in 
                                making a determination under 
                                subclause (I), consult with 
                                appropriate State dam safety 
                                officials.
                  (C) Location.--The implementing agency shall 
                require that structures that first receive coal 
                combustion residuals on or after the date of 
                enactment of this section shall be constructed 
                with a base located a minimum of 2 feet above 
                the upper limit of the water table, unless it 
                is demonstrated to the satisfaction of the 
                implementing agency that--
                          (i) the hydrogeologic characteristics 
                        of a structure and surrounding land 
                        would preclude such a requirement; and
                          (ii) the function and integrity of 
                        the liner system will not be adversely 
                        impacted by contact with the water 
                        table.
                  (D) Wind dispersal.--
                          (i) In general.--The implementing 
                        agency shall require that owners or 
                        operators of structures that receive 
                        coal combustion residuals on or after 
                        the date of enactment of this section 
                        address wind dispersal of dust by 
                        requiring cover, or by wetting coal 
                        combustion residuals with water to a 
                        moisture content that prevents wind 
                        dispersal, facilitates compaction, and 
                        does not result in free liquids.
                          (ii) Alternative methods.--Subject to 
                        the review and approval by the 
                        implementing agency, owners or 
                        operators of structures that receive 
                        coal combustion residuals on or after 
                        the date of enactment of this section 
                        may propose alternative methods to 
                        address wind dispersal of dust that 
                        will provide comparable or more 
                        effective control of dust.
                  (E) Permits.--The implementing agency shall 
                require that owners or operators of structures 
                that receive coal combustion residuals on or 
                after the date of enactment of this section 
                apply for and obtain permits incorporating the 
                requirements of the coal combustion residuals 
                permit program.
                  (F) Public availability of information.--
                Except for information with respect to which 
                disclosure is prohibited under section 1905 of 
                title 18, United States Code, the implementing 
                agency shall ensure that--
                          (i) documents for permit 
                        determinations are made available for 
                        public review and comment under the 
                        public participation process described 
                        in subsection (b)(2)(B)(iii)(III) or in 
                        subsection (e)(6), as applicable;
                          (ii) final determinations on permit 
                        applications are made known to the 
                        public; and
                          (iii) groundwater monitoring data 
                        collected under paragraph (2) is 
                        publicly available.
                  (G) Agency authority.--
                          (i) In general.--The implementing 
                        agency has the authority to--
                                  (I) obtain information 
                                necessary to determine whether 
                                the owner or operator of a 
                                structure is in compliance with 
                                the requirements of this 
                                subsection;
                                  (II) conduct or require 
                                monitoring and testing to 
                                ensure that structures are in 
                                compliance with the 
                                requirements of this 
                                subsection; and
                                  (III) enter, at reasonable 
                                times, any site or premise 
                                subject to the coal combustion 
                                residuals permit program for 
                                the purpose of inspecting 
                                structures and reviewing 
                                records relevant to the design, 
                                operation, and maintenance of 
                                structures.
                          (ii) Monitoring and testing.--If 
                        monitoring or testing is conducted 
                        under clause (i)(II) by or for the 
                        implementing agency, the implementing 
                        agency shall, if requested, provide to 
                        the owner or operator--
                                  (I) a written description of 
                                the monitoring or testing 
                                completed;
                                  (II) at the time of sampling, 
                                a portion of each sample equal 
                                in volume or weight to the 
                                portion retained by or for the 
                                implementing agency; and
                                  (III) a copy of the results 
                                of any analysis of samples 
                                collected by or for the 
                                implementing agency.
          (2) Revised criteria.--The subset of the revised 
        criteria referred to in paragraph (1)(A)(i) are as 
        follows:
                  (A) Design requirements.--For new structures, 
                and lateral expansions of existing structures, 
                that first receive coal combustion residuals on 
                or after the date of enactment of this section, 
                the revised criteria regarding design 
                requirements described in section 258.40 of 
                title 40, Code of Federal Regulations, except 
                that the leachate collection system 
                requirements described in section 258.40(a)(2) 
                of title 40, Code of Federal Regulations, do 
                not apply to structures that are surface 
                impoundments.
                  (B) Groundwater monitoring and corrective 
                action.--For all structures that receive coal 
                combustion residuals on or after the date of 
                enactment of this section, the revised criteria 
                regarding groundwater monitoring and corrective 
                action requirements described in subpart E of 
                part 258 of title 40, Code of Federal 
                Regulations, except that, for the purposes of 
                this subparagraph, the revised criteria shall 
                also include--
                          (i) for the purposes of detection 
                        monitoring, the constituents boron, 
                        chloride, conductivity, fluoride, 
                        mercury, pH, sulfate, sulfide, and 
                        total dissolved solids; and
                          (ii) for the purposes of assessment 
                        monitoring, establishing a groundwater 
                        protection standard, and assessment of 
                        corrective measures, the constituents 
                        aluminum, boron, chloride, fluoride, 
                        iron, manganese, molybdenum, pH, 
                        sulfate, and total dissolved solids.
                  (C) Closure.--For all structures that receive 
                coal combustion residuals on or after the date 
                of enactment of this section, in a manner 
                consistent with paragraph (5), the revised 
                criteria for closure described in subsections 
                (a) through (c) and (h) through (j) of section 
                258.60 of title 40, Code of Federal 
                Regulations.
                  (D) Post-closure.--For all structures that 
                receive coal combustion residuals on or after 
                the date of enactment of this section, the 
                revised criteria for post-closure care 
                described in section 258.61 of title 40, Code 
                of Federal Regulations, except for the 
                requirement described in subsection (a)(4) of 
                that section.
                  (E) Location restrictions.--The revised 
                criteria for location restrictions described 
                in--
                          (i) for new structures, and lateral 
                        expansions of existing structures, that 
                        first receive coal combustion residuals 
                        on or after the date of enactment of 
                        this section, sections 258.11 through 
                        258.15 of title 40, Code of Federal 
                        Regulations; and
                          (ii) for existing structures that 
                        receive coal combustion residuals on or 
                        after the date of enactment of this 
                        section, sections 258.11 and 258.15 of 
                        title 40, Code of Federal Regulations.
                  (F) Air quality.--For all structures that 
                receive coal combustion residuals on or after 
                the date of enactment of this section, the 
                revised criteria for air quality described in 
                section 258.24 of title 40, Code of Federal 
                Regulations.
                  (G) Financial assurance.--For all structures 
                that receive coal combustion residuals on or 
                after the date of enactment of this section, 
                the revised criteria for financial assurance 
                described in subpart G of part 258 of title 40, 
                Code of Federal Regulations.
                  (H) Surface water.--For all structures that 
                receive coal combustion residuals on or after 
                the date of enactment of this section, the 
                revised criteria for surface water described in 
                section 258.27 of title 40, Code of Federal 
                Regulations.
                  (I) Recordkeeping.--For all structures that 
                receive coal combustion residuals on or after 
                the date of enactment of this section, the 
                revised criteria for recordkeeping described in 
                section 258.29 of title 40, Code of Federal 
                Regulations.
                  (J) Run-on and run-off control systems for 
                land-based units.--For all landfills and other 
                land-based units, other than surface 
                impoundments, that receive coal combustion 
                residuals on or after the date of enactment of 
                this section, the revised criteria for run-on 
                and run-off control systems described in 
                section 258.26 of title 40, Code of Federal 
                Regulations.
                  (K) Run-off control systems for surface 
                impoundments.--For all surface impoundments 
                that receive coal combustion residuals on or 
                after the date of enactment of this section, 
                the revised criteria for run-off control 
                systems described in section 258.26(a)(2) of 
                title 40, Code of Federal Regulations.
          (3) Permit program implementation for existing 
        structures.--
                  (A) Notification.--Not later than the date on 
                which a State submits a certification under 
                subsection (b)(2), not later than 30 months 
                after the Administrator receives notice under 
                subsection (e)(1)(A), or not later than 36 
                months after the date of enactment of this 
                section with respect to a coal combustion 
                residuals permit program that is being 
                implemented by the Administrator under 
                subsection (e)(3), as applicable, the 
                implementing agency shall notify owners or 
                operators of structures that are receiving coal 
                combustion residuals as of the date of 
                enactment of this section within the State of--
                          (i) the obligation to apply for and 
                        obtain a permit under subparagraph (C); 
                        and
                          (ii) the requirements referred to in 
                        subparagraph (B).
                  (B) Compliance with certain requirements.--
                Not later than 12 months after the date on 
                which a State submits a certification under 
                subsection (b)(2), not later than 42 months 
                after the Administrator receives notice under 
                subsection (e)(1)(A), or not later than 48 
                months after the date of enactment of this 
                section with respect to a coal combustion 
                residuals permit program that is being 
                implemented by the Administrator under 
                subsection (e)(3), as applicable, the 
                implementing agency shall require owners or 
                operators of structures that are receiving coal 
                combustion residuals as of the date of 
                enactment of this section to comply with--
                          (i) the requirements under paragraphs 
                        (1)(B)(ii) and (iii), (1)(D), (2)(B), 
                        (2)(F), (2)(H), (2)(J), and (2)(K); and
                          (ii) the groundwater recordkeeping 
                        requirement described in section 
                        258.29(a)(5) of title 40, Code of 
                        Federal Regulations.
                  (C)  Permits.--
                          (i) Permit deadline.--Not later than 
                        48 months after the date on which a 
                        State submits a certification under 
                        subsection (b)(2), not later than 78 
                        months after the Administrator receives 
                        notice under subsection (e)(1)(A), or 
                        not later than 84 months after the date 
                        of enactment of this section with 
                        respect to a coal combustion residuals 
                        permit program that is being 
                        implemented by the Administrator under 
                        subsection (e)(3), as applicable, the 
                        implementing agency shall issue, with 
                        respect to a structure that is 
                        receiving coal combustion residuals as 
                        of the date of enactment of this 
                        section, a final permit incorporating 
                        the requirements of the coal combustion 
                        residuals permit program, or a final 
                        denial for an application submitted 
                        requesting such a permit.
                          (ii) Application deadline.--The 
                        implementing agency shall identify, in 
                        collaboration with the owner or 
                        operator of a structure described in 
                        clause (i), a reasonable deadline by 
                        which the owner or operator shall 
                        submit a permit application under such 
                        clause.
                  (D) Interim operation.--
                          (i) Prior to deadlines.--With respect 
                        to any period of time on or after the 
                        date of enactment of this section but 
                        prior to the applicable deadline in 
                        subparagraph (B), the owner or operator 
                        of a structure that is receiving coal 
                        combustion residuals as of the date of 
                        enactment of this section may continue 
                        to operate such structure until such 
                        applicable deadline under the 
                        applicable authority in effect.
                          (ii) Prior to permit.--Unless the 
                        implementing agency determines that the 
                        structure should close pursuant to 
                        paragraph (5), if the owner or operator 
                        of a structure that is receiving coal 
                        combustion residuals as of the date of 
                        enactment of this section meets the 
                        requirements referred to in 
                        subparagraph (B) by the applicable 
                        deadline in such subparagraph, the 
                        owner or operator may operate the 
                        structure until such time as the 
                        implementing agency issues, under 
                        subparagraph (C), a final permit 
                        incorporating the requirements of the 
                        coal combustion residuals permit 
                        program, or a final denial for an 
                        application submitted requesting such a 
                        permit.
          (4) Requirements for surface impoundments that do not 
        meet certain criteria.--
                  (A) Surface impoundments that require 
                assessment of corrective measures within 10 
                years of the date of enactment.--
                          (i) In general.--In addition to the 
                        groundwater monitoring and corrective 
                        action requirements described in 
                        paragraph (2)(B), the implementing 
                        agency shall require a surface 
                        impoundment that receives coal 
                        combustion residuals on or after the 
                        date of enactment of this section to 
                        comply with the requirements in clause 
                        (ii) of this subparagraph and clauses 
                        (i) and (ii) of subparagraph (D) if the 
                        surface impoundment--
                                  (I) does not--
                                          (aa) have a liner 
                                        system described in 
                                        section 258.40(b) of 
                                        title 40, Code of 
                                        Federal Regulations; 
                                        and
                                          (bb) meet the design 
                                        criteria described in 
                                        section 258.40(a)(1) of 
                                        title 40, Code of 
                                        Federal Regulations; 
                                        and
                                  (II) within 10 years after 
                                the date of enactment of this 
                                section, is required under 
                                section 258.56(a) of title 40, 
                                Code of Federal Regulations, to 
                                undergo an assessment of 
                                corrective measures for any 
                                constituent covered under 
                                subpart E of part 258 of title 
                                40, Code of Federal 
                                Regulations, or otherwise 
                                identified in paragraph 
                                (2)(B)(ii) of this subsection, 
                                for which assessment 
                                groundwater monitoring is 
                                required.
                          (ii) Deadline to meet groundwater 
                        protection standard.--Except as 
                        provided in subparagraph (C), the 
                        implementing agency shall require that 
                        the groundwater protection standard, 
                        for surface impoundments identified in 
                        clause (i) of this subparagraph, 
                        established by the implementing agency 
                        under section 258.55(h) or 258.55(i) of 
                        title 40, Code of Federal Regulations, 
                        for any constituent for which 
                        corrective measures are required shall 
                        be met--
                                  (I) as soon as practicable at 
                                the relevant point of 
                                compliance, as described in 
                                section 258.40(d) of title 40, 
                                Code of Federal Regulations; 
                                and
                                  (II) not later than 10 years 
                                after the date of enactment of 
                                this section.
                  (B) Surface impoundments subject to a state 
                corrective action requirement as of the date of 
                enactment.--
                          (i) In general.--In addition to the 
                        groundwater monitoring and corrective 
                        action requirements described in 
                        paragraph (2)(B), the implementing 
                        agency shall require a surface 
                        impoundment that receives coal 
                        combustion residuals on or after the 
                        date of enactment of this section to 
                        comply with the requirements in clause 
                        (ii) of this subparagraph and clauses 
                        (i) and (ii) of subparagraph (D) if the 
                        surface impoundment--
                                  (I) does not--
                                          (aa) have a liner 
                                        system described in 
                                        section 258.40(b) of 
                                        title 40, Code of 
                                        Federal Regulations; 
                                        and
                                          (bb) meet the design 
                                        criteria described in 
                                        section 258.40(a)(1) of 
                                        title 40, Code of 
                                        Federal Regulations; 
                                        and
                                  (II) as of the date of 
                                enactment of this section, is 
                                subject to a State corrective 
                                action requirement.
                          (ii) Deadline to meet groundwater 
                        protection standard.--Except as 
                        provided in subparagraph (C), the 
                        implementing agency shall require that 
                        the groundwater protection standard, 
                        for surface impoundments identified in 
                        clause (i) of this subparagraph, 
                        established by the implementing agency 
                        under section 258.55(h) or 258.55(i) of 
                        title 40, Code of Federal Regulations, 
                        for any constituent for which 
                        corrective measures are required shall 
                        be met--
                                  (I) as soon as practicable at 
                                the relevant point of 
                                compliance, as described in 
                                section 258.40(d) of title 40, 
                                Code of Federal Regulations; 
                                and
                                  (II) not later than 8 years 
                                after the date of enactment of 
                                this section.
                  (C) Extension of deadline.--
                          (i) In general.--Except as provided 
                        in clause (ii) of this subparagraph, 
                        the deadline for meeting a groundwater 
                        protection standard under subparagraph 
                        (A)(ii) or (B)(ii) may be extended by 
                        the implementing agency, after 
                        opportunity for public notice and 
                        comment under the public participation 
                        process described in subsection 
                        (b)(2)(B)(iii)(III), or in subsection 
                        (e)(6) based on--
                                  (I) the effectiveness of any 
                                interim measures implemented by 
                                the owner or operator of the 
                                facility under section 
                                258.58(a)(3) of title 40, Code 
                                of Federal Regulations;
                                  (II) the level of progress 
                                demonstrated in meeting the 
                                groundwater protection 
                                standard;
                                  (III) the potential for other 
                                adverse human health or 
                                environmental exposures 
                                attributable to the 
                                contamination from the surface 
                                impoundment undergoing 
                                corrective action; and
                                  (IV) the lack of available 
                                alternative management capacity 
                                for the coal combustion 
                                residuals and related materials 
                                managed in the impoundment at 
                                the facility at which the 
                                impoundment is located if the 
                                owner or operator has used best 
                                efforts, as necessary, to 
                                design, obtain any necessary 
                                permits, finance, construct, 
                                and render operational the 
                                alternative management capacity 
                                during the time period for 
                                meeting a groundwater 
                                protection standard in 
                                subparagraph (A)(ii) or 
                                (B)(ii).
                          (ii) Exception.--The deadline under 
                        subparagraph (A)(ii) or (B)(ii) shall 
                        not be extended if there has been 
                        contamination of public or private 
                        drinking water systems attributable to 
                        a surface impoundment undergoing 
                        corrective action, unless the 
                        contamination has been addressed by 
                        providing a permanent replacement water 
                        system.
                  (D) Additional requirements.--
                          (i) Closure.--If the deadline under 
                        subparagraph (A)(ii), (B)(ii), or (C) 
                        is not satisfied, the surface 
                        impoundment shall cease receiving coal 
                        combustion residuals and initiate 
                        closure under paragraph (5).
                          (ii) Interim measures.--
                                  (I) In general.--Except as 
                                provided in subclause (II), not 
                                later than 90 days after the 
                                date on which the assessment of 
                                corrective measures is 
                                initiated, the owner or 
                                operator of a surface 
                                impoundment described in 
                                subparagraph (A) or (B) shall 
                                implement interim measures, as 
                                necessary, under the factors in 
                                section 258.58(a)(3) of title 
                                40, Code of Federal 
                                Regulations.
                                  (II) Impoundments subject to 
                                state corrective action 
                                requirement as of the date of 
                                enactment.--Subclause (I) shall 
                                only apply to surface 
                                impoundments subject to a State 
                                corrective action requirement 
                                as of the date of enactment of 
                                this section if the owner or 
                                operator has not implemented 
                                interim measures, as necessary, 
                                under the factors in section 
                                258.58(a)(3) of title 40, Code 
                                of Federal Regulations.
                  (E) Surface impoundments that require 
                assessment of corrective measures more than 10 
                years after date of enactment.--
                          (i) In general.--In addition to the 
                        groundwater monitoring and corrective 
                        action requirements described in 
                        paragraph (2)(B), the implementing 
                        agency shall require a surface 
                        impoundment that receives coal 
                        combustion residuals on or after the 
                        date of enactment of this section to 
                        comply with the requirements in clause 
                        (ii) if the surface impoundment--
                                  (I) does not--
                                          (aa) have a liner 
                                        system described in 
                                        section 258.40(b) of 
                                        title 40, Code of 
                                        Federal Regulations; 
                                        and
                                          (bb) meet the design 
                                        criteria described in 
                                        section 258.40(a)(1) of 
                                        title 40, Code of 
                                        Federal Regulations; 
                                        and
                                  (II) more than 10 years after 
                                the date of enactment of this 
                                section, is required under 
                                section 258.56(a) title 40, 
                                Code of Federal Regulations, to 
                                undergo an assessment of 
                                corrective measures for any 
                                constituent covered under 
                                subpart E of part 258 of title 
                                40, Code of Federal 
                                Regulations, or otherwise 
                                identified in paragraph 
                                (2)(B)(ii) of this subsection, 
                                for which assessment 
                                groundwater monitoring is 
                                required.
                          (ii) Requirements.--
                                  (I) Closure.--The surface 
                                impoundments identified in 
                                clause (i) shall cease 
                                receiving coal combustion 
                                residuals and initiate closure 
                                in accordance with paragraph 
                                (5) after alternative 
                                management capacity at the 
                                facility is available for the 
                                coal combustion residuals and 
                                related materials managed in 
                                the impoundment.
                                  (II) Best efforts.--The 
                                alternative management capacity 
                                shall be developed as soon as 
                                practicable with the owner or 
                                operator using best efforts to 
                                design, obtain necessary 
                                permits for, finance, 
                                construct, and render 
                                operational the alternative 
                                management capacity.
                                  (III) Alternative capacity 
                                management plan.--The owner or 
                                operator shall, in 
                                collaboration with the 
                                implementing agency, prepare a 
                                written plan that describes the 
                                steps necessary to develop the 
                                alternative management capacity 
                                and includes a schedule for 
                                completion.
                                  (IV) Public participation.--
                                The plan described in subclause 
                                (III) shall be subject to 
                                public notice and comment under 
                                the public participation 
                                process described in subsection 
                                (b)(2)(B)(iii)(III) or in 
                                subsection (e)(6), as 
                                applicable.
          (5) Closure.--
                  (A) In general.--If it is determined by the 
                implementing agency that a structure should 
                close because the requirements of a coal 
                combustion residuals permit program are not 
                being satisfied with respect to such structure, 
                or if it is determined by the owner or operator 
                that a structure should close, the time period 
                and method for the closure of such structure 
                shall be set forth in a closure plan that 
                establishes a deadline for completion of 
                closure as soon as practicable and that takes 
                into account the nature and the site-specific 
                characteristics of the structure to be closed.
                  (B) Surface impoundment.--In the case of a 
                surface impoundment, the closure plan under 
                subparagraph (A) shall require, at a minimum, 
                the removal of liquid and the stabilization of 
                remaining waste, as necessary to support the 
                final cover.
  (d) Federal Review of State Permit Programs.--
          (1) In general.--The Administrator shall provide to a 
        State written notice and an opportunity to remedy 
        deficiencies in accordance with paragraph (3) if at any 
        time the State--
                  (A) does not satisfy the notification 
                requirement under subsection (b)(1);
                  (B) has not submitted a certification 
                required under subsection (b)(2);
                  (C) does not satisfy the maintenance 
                requirement under subsection (b)(3);
                  (D) is not implementing a coal combustion 
                residuals permit program, with respect to which 
                the State has submitted a certification under 
                subsection (b)(2), that meets the requirements 
                described in subsection (c);
                  (E) is not implementing a coal combustion 
                residuals permit program, with respect to which 
                the State has submitted a certification under 
                subsection (b)(2)--
                          (i) that is consistent with such 
                        certification; and
                          (ii) for which the State continues to 
                        have in effect statutes or regulations 
                        necessary to implement such program; or
                  (F) does not make available to the 
                Administrator, within 90 days of a written 
                request, specific information necessary for the 
                Administrator to ascertain whether the State 
                has satisfied the requirements described in 
                subparagraphs (A) through (E).
          (2) Request.--If a request described in paragraph 
        (1)(F) is proposed pursuant to a petition to the 
        Administrator, the Administrator shall only make the 
        request if the Administrator does not possess the 
        information necessary to ascertain whether the State 
        has satisfied the requirements described in 
        subparagraphs (A) through (E) of such paragraph.
          (3) Contents of notice; deadline for response.--A 
        notice provided under paragraph (1) shall--
                  (A) include findings of the Administrator 
                detailing any applicable deficiencies described 
                in subparagraphs (A) through (F) of paragraph 
                (1); and
                  (B) identify, in collaboration with the 
                State, a reasonable deadline by which the State 
                shall remedy such applicable deficiencies, 
                which shall be--
                          (i) in the case of a deficiency 
                        described in subparagraphs (A) through 
                        (E) of paragraph (1), not earlier than 
                        180 days after the date on which the 
                        State receives the notice; and
                          (ii) in the case of a deficiency 
                        described in paragraph (1)(F), not 
                        later than 90 days after the date on 
                        which the State receives the notice.
          (4) Criteria for determining deficiency of State 
        permit program.--In making a determination whether a 
        State has failed to satisfy the requirements described 
        in subparagraphs (A) through (E) of paragraph (1), or a 
        determination under subsection (e)(1)(B), the 
        Administrator shall consider, as appropriate--
                  (A) whether the State's statutes or 
                regulations to implement a coal combustion 
                residuals permit program are not sufficient to 
                meet the requirements described in subsection 
                (c) because of--
                          (i) failure of the State to 
                        promulgate or enact new statutes or 
                        regulations when necessary; or
                          (ii) action by a State legislature or 
                        court striking down or limiting such 
                        State statutes or regulations;
                  (B) whether the operation of the State coal 
                combustion residuals permit program fails to 
                comply with the requirements of subsection (c) 
                because of--
                          (i) failure of the State to issue 
                        permits as required in subsection 
                        (c)(1)(E);
                          (ii) repeated issuance of permits by 
                        the State which do not meet the 
                        requirements of subsection (c);
                          (iii) failure of the State to comply 
                        with the public participation 
                        requirements of this section; or
                          (iv) failure of the State to 
                        implement corrective action 
                        requirements as described in subsection 
                        (c)(2)(B); and
                  (C) whether the enforcement of a State coal 
                combustion residuals permit program fails to 
                comply with the requirements of this section 
                because of--
                          (i) failure to act on violations of 
                        permits, as identified by the State; or
                          (ii) repeated failure by the State to 
                        inspect or otherwise determine 
                        compliance pursuant to the process 
                        identified in subsection 
                        (b)(2)(B)(iii)(I).
  (e) Implementation by Administrator.--
          (1) Federal backstop authority.--The Administrator 
        shall implement a coal combustion residuals permit 
        program for a State only if--
                  (A) the Governor of the State notifies the 
                Administrator under subsection (b)(1) that the 
                State will not adopt and implement a permit 
                program;
                  (B) the State has received a notice under 
                subsection (d) and the Administrator 
                determines, after providing a 30-day period for 
                notice and public comment, that the State has 
                failed, by the deadline identified in the 
                notice under subsection (d)(3)(B), to remedy 
                the deficiencies detailed in the notice under 
                subsection (d)(3)(A); or
                  (C) the State informs the Administrator, in 
                writing, that such State will no longer 
                implement such a permit program.
          (2) Review.--A State may obtain a review of a 
        determination by the Administrator under this 
        subsection as if the determination was a final 
        regulation for purposes of section 7006.
          (3) Other structures.--For structures that receive 
        coal combustion residuals on or after the date of 
        enactment of this section located on property within 
        the exterior boundaries of a State that the State does 
        not have authority or jurisdiction to regulate, the 
        Administrator shall implement a coal combustion 
        residuals permit program only for those structures.
          (4) Requirements.--If the Administrator implements a 
        coal combustion residuals permit program for a State 
        under paragraph (1) or (3), the permit program shall 
        consist of the requirements described in subsection 
        (c).
          (5) Enforcement.--
                  (A) In general.--If the Administrator 
                implements a coal combustion residuals permit 
                program for a State under paragraph (1)--
                          (i) the authorities referred to in 
                        section 4005(c)(2)(A) shall apply with 
                        respect to coal combustion residuals 
                        and structures for which the 
                        Administrator is implementing the coal 
                        combustion residuals permit program; 
                        and
                          (ii) the Administrator may use those 
                        authorities to inspect, gather 
                        information, and enforce the 
                        requirements of this section in the 
                        State.
                  (B) Other structures.--If the Administrator 
                implements a coal combustion residuals permit 
                program under paragraph (3)--
                          (i) the authorities referred to in 
                        section 4005(c)(2)(A) shall apply with 
                        respect to coal combustion residuals 
                        and structures for which the 
                        Administrator is implementing the coal 
                        combustion residuals permit program; 
                        and
                          (ii) the Administrator may use those 
                        authorities to inspect, gather 
                        information, and enforce the 
                        requirements of this section for the 
                        structures for which the Administrator 
                        is implementing the coal combustion 
                        residuals permit program.
          (6) Public participation process.--If the 
        Administrator implements a coal combustion residuals 
        permit program for a State under this subsection, the 
        Administrator shall provide a 30-day period for the 
        public participation process required in paragraphs 
        (1)(F)(i), (4)(C)(i), and (4)(E)(ii)(IV) of subsection 
        (c).
  (f) State Control After Implementation by Administrator.--
          (1) State control.--
                  (A) New adoption, or resumption of, and 
                implementation by state.--For a State for which 
                the Administrator is implementing a coal 
                combustion residuals permit program under 
                subsection (e)(1)(A), or subsection (e)(1)(C), 
                the State may adopt and implement such a permit 
                program by--
                          (i) notifying the Administrator that 
                        the State will adopt and implement such 
                        a permit program;
                          (ii) not later than 6 months after 
                        the date of such notification, 
                        submitting to the Administrator a 
                        certification under subsection (b)(2); 
                        and
                          (iii) receiving from the 
                        Administrator--
                                  (I) a determination, after 
                                providing a 30-day period for 
                                notice and public comment, that 
                                the State coal combustion 
                                residuals permit program meets 
                                the requirements described in 
                                subsection (c); and
                                  (II) a timeline for 
                                transition of control of the 
                                coal combustion residuals 
                                permit program.
                  (B) Remedying deficient permit program.--For 
                a State for which the Administrator is 
                implementing a coal combustion residuals permit 
                program under subsection (e)(1)(B), the State 
                may adopt and implement such a permit program 
                by--
                          (i) remedying only the deficiencies 
                        detailed in the notice pursuant to 
                        subsection (d)(3)(A); and
                          (ii) receiving from the 
                        Administrator--
                                  (I) a determination, after 
                                providing a 30-day period for 
                                notice and public comment, that 
                                the deficiencies detailed in 
                                such notice have been remedied; 
                                and
                                  (II) a timeline for 
                                transition of control of the 
                                coal combustion residuals 
                                permit program.
          (2) Review of determination.--
                  (A) Determination required.--The 
                Administrator shall make a determination under 
                paragraph (1) not later than 90 days after the 
                date on which the State submits a certification 
                under paragraph (1)(A)(ii), or notifies the 
                Administrator that the deficiencies have been 
                remedied pursuant to paragraph (1)(B)(i), as 
                applicable.
                  (B) Review.--A State may obtain a review of a 
                determination by the Administrator under 
                paragraph (1) as if such determination was a 
                final regulation for purposes of section 7006.
          (3) Implementation during transition.--
                  (A) Effect on actions and orders.--Program 
                requirements of, and actions taken or orders 
                issued pursuant to, a coal combustion residuals 
                permit program shall remain in effect if--
                          (i) a State takes control of its coal 
                        combustion residuals permit program 
                        from the Administrator under paragraph 
                        (1); or
                          (ii) the Administrator takes control 
                        of a coal combustion residuals permit 
                        program from a State under subsection 
                        (e).
                  (B) Change in requirements.--Subparagraph (A) 
                shall apply to such program requirements, 
                actions, and orders until such time as--
                          (i) the implementing agency changes 
                        the requirements of the coal combustion 
                        residuals permit program with respect 
                        to the basis for the action or order; 
                        or
                          (ii) the State or the Administrator, 
                        whichever took the action or issued the 
                        order, certifies the completion of a 
                        corrective action that is the subject 
                        of the action or order.
          (4) Single permit program.--If a State adopts and 
        implements a coal combustion residuals permit program 
        under this subsection, the Administrator shall cease to 
        implement the permit program implemented under 
        subsection (e)(1) for such State.
  (g) Effect on Determination under 4005(c) or 3006.--The 
Administrator shall not consider the implementation of a coal 
combustion residuals permit program by the Administrator under 
subsection (e) in making a determination of approval for a 
permit program or other system of prior approval and conditions 
under section 4005(c) or of authorization for a program under 
section 3006.
  (h) Authority.--
          (1) State authority.--Nothing in this section shall 
        preclude or deny any right of any State to adopt or 
        enforce any regulation or requirement respecting coal 
        combustion residuals that is more stringent or broader 
        in scope than a regulation or requirement under this 
        section.
          (2) Authority of the administrator.--
                  (A) In general.--Except as provided in 
                subsections (d) and (e) and section 6005, the 
                Administrator shall, with respect to the 
                regulation of coal combustion residuals, defer 
                to the States pursuant to this section.
                  (B) Imminent hazard.--Nothing in this section 
                shall be construed as affecting the authority 
                of the Administrator under section 7003 with 
                respect to coal combustion residuals.
                  (C) Enforcement assistance only upon 
                request.--Upon request from the head of a lead 
                State agency that is implementing a coal 
                combustion residuals permit program, the 
                Administrator may provide to such State agency 
                only the enforcement assistance requested.
                  (D) Concurrent enforcement.--Except as 
                provided in subparagraph (C), the Administrator 
                shall not have concurrent enforcement authority 
                when a State is implementing a coal combustion 
                residuals permit program, including during any 
                period of interim operation described in 
                subsection (c)(3)(D).
                  (E) Other authority.--The Administrator shall 
                not have authority to finalize the proposed 
                rule published at pages 35128 through 35264 of 
                volume 75 of the Federal Register (June 21, 
                2010).
                  (F) Other response authority.--Nothing in 
                this section shall be construed as affecting 
                the authority of the Administrator under the 
                Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 
                U.S.C. 9601 et seq.) with respect to coal 
                combustion residuals.
          (3) Citizen suits.--Nothing in this section shall be 
        construed to affect the authority of a person to 
        commence a civil action in accordance with section 
        7002.
  (i) Mine Reclamation Activities.--A coal combustion residuals 
permit program implemented by the Administrator under 
subsection (e) shall not apply to the utilization, placement, 
and storage of coal combustion residuals at surface mining and 
reclamation operations.
  (j) Definitions.--In this section:
          (1) Coal combustion residuals.--The term ``coal 
        combustion residuals'' means--
                  (A) the solid wastes listed in section 
                3001(b)(3)(A)(i), including recoverable 
                materials from such wastes;
                  (B) coal combustion wastes that are co-
                managed with wastes produced in conjunction 
                with the combustion of coal, provided that such 
                wastes are not segregated and disposed of 
                separately from the coal combustion wastes and 
                comprise a relatively small proportion of the 
                total wastes being disposed in the structure;
                  (C) fluidized bed combustion wastes;
                  (D) wastes from the co-burning of coal with 
                non-hazardous secondary materials, provided 
                that coal makes up at least 50 percent of the 
                total fuel burned; and
                  (E) wastes from the co-burning of coal with 
                materials described in subparagraph (A) that 
                are recovered from monofills.
          (2) Coal combustion residuals permit program.--The 
        term ``coal combustion residuals permit program'' means 
        all of the authorities, activities, and procedures that 
        comprise the system of prior approval and conditions 
        implemented by or for a State to regulate the 
        management and disposal of coal combustion residuals.
          (3) Code of federal regulations.--The term ``Code of 
        Federal Regulations'' means the Code of Federal 
        Regulations (as in effect on the date of enactment of 
        this section) or any successor regulations.
          (4) Implementing agency.--The term ``implementing 
        agency'' means the agency responsible for implementing 
        a coal combustion residuals permit program for a State, 
        which shall either be the lead State implementing 
        agency identified under subsection (b)(2)(B)(i) or the 
        Administrator pursuant to subsection (e).
          (5) Permit; prior approval and conditions.--Except as 
        provided in subsections (b)(3) and (g), the terms 
        ``permit'' and ``prior approval and conditions'' mean 
        any authorization, license, or equivalent control 
        document that incorporates the requirements of 
        subsection (c).
          (6) Revised criteria.--The term ``revised criteria'' 
        means the criteria promulgated for municipal solid 
        waste landfill units under section 4004(a) and under 
        section 1008(a)(3), as revised under section 4010(c).
          (7) Structure.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the term ``structure'' means 
                a landfill, surface impoundment, or other land-
                based unit which receives, or is intended to 
                receive, coal combustion residuals.
                  (B) De minimis receipt.--The term 
                ``structure'' does not include any land-based 
                unit that receives only de minimis quantities 
                of coal combustion residuals if the presence of 
                coal combustion residuals is incidental to the 
                material managed in the unit.

           *       *       *       *       *       *       *


           DISSENTING VIEWS BY REPRESENTATIVE JOHN D. DINGELL

    This is a poor piece of legislation that does nothing to 
address the underlying issue of coal combustion residual 
disposal or beneficial reuse through recycling. It is not ready 
for primetime and stands the traditional way in which we have 
dealt with the affairs of EPA on its ear. The minority side is 
prepared to work with our Republican friends to write a good 
bill. It is easily possible for this committee to write such a 
piece of legislation. However, the majority has decided to 
recycle language from the Senate that the Senate admits needs 
significant revisions.
    By allowing states to each create their own program, what 
we're doing is setting up so we'll have some more fine spills 
of this nasty stuff. The spill in Wisconsin into Lake Michigan 
demonstrated that a spill in one state has the potential to 
affect neighboring state. This legislation does nothing to 
address the issue of legacy coal ash retention ponds that would 
not be covered by this bill nor does it provide adequate 
protections to sources of ground or surface water. Like other 
environmental laws and regulations that have been in effect for 
decades, we need a national standard to ensure that treasures 
such as the Great Lakes and our scenic waters are safe from 
these spills.
    I understand this is an issue that must be addressed. The 
regulations proposed by EPA may prevent the beneficial use and 
recycling of coal ash and would hinder not only utilities but 
also the construction industry. However, as much as I want 
there to be momentum to move a solution forward, I do not 
believe this legislation does enough to address the above 
concerns. The minority would be glad to work and we're glad to 
help the majority, but we certainly don't want to be 
embarrassed by putting anything like this on the House floor 
and then telling people how it's going to help because I know, 
as sure as God made green apples, that we're going to see very 
shortly that people are going to be denouncing this 
legislation.

                                                   John D. Dingell.

 DISSENTING VIEWS BY REPRESENTATIVES HENRY A. WAXMAN AND PAUL D. TONKO

    The Coal Residuals Reuse and Management Act of 2013 would 
abandon the proven models of environmental protection and adopt 
an approach that we have every reason to believe would fail to 
protect human health and the environment if enacted. This 
proposal will not ensure that coal ash is disposed of safely, 
that groundwater is protected from contamination, that air 
pollution is adequately controlled, or that catastrophic dam 
failures are prevented.

           THE BILL DOES NOT INCLUDE A STANDARD OF PROTECTION

    The Resource Conservation and Recovery Act (RCRA) was 
enacted to protect public health and the environment from 
unsafe disposal of solid waste. It created duties reserved to 
the EPA and programs that could be delegated to the states.
    Like other environmental statutes, Congress required state 
delegation under RCRA to be held to a federal standard of 
protection. For instance, the law requires that state programs 
governing municipal solid waste ``protect human health and the 
environment.'' These standards are the yardsticks by which it 
is determined whether a state's efforts are adequate, and they 
ensure a consistent level of effort and protection throughout 
the nation. During the full committee markup of this bill, it 
was clearly stated by majority counsel that the standard of 
protection in RCRA would apply to all wastes under RCRA with 
the exception of coal ash.\1\
---------------------------------------------------------------------------
    \1\House Committee on Energy and Commerce, Full Committee Markup of 
H.R. 2218, the ``Coal Residuals Reuse and Management Act of 2013;'' 
H.R. 2226, the ``Federal and State Partnership for Environmental 
Protection Act of 2013;'' H.R. 2279, the ``Reducing Excessive Deadline 
Obligations Act of 2013;'' and H.R. 2318, the ``Federal Facility 
Accountability Act of 2013,'' 113th Cong. (Jun. 19, 2013).
---------------------------------------------------------------------------
    Standards of protection are important because they ensure 
that every American family enjoys a basic level of protection. 
They prevent a race to the bottom among the states in which a 
state willing to have the laxest protections becomes the 
dumping ground for neighboring states. And they prevent the 
unfairness of one state allowing a facility within its borders 
to contaminate an adjacent state.
    The states have recognized the value of federal standards 
of protection. According to the Environmental Council of the 
States, ``EPA provides great value in achieving protection of 
human health and the environment by fulfilling numerous 
important functions, including; establishing minimum national 
standards [and] ensuring state-to-state consistency in the 
implementation of those national standards.''\2\
---------------------------------------------------------------------------
    \2\Environmental Council of the States, Resolution 00-1, On 
Environmental Federalism, Revised Mar. 20, 2012 (online at 
www.ecos.org/section/policy/resolution).
---------------------------------------------------------------------------
    Although the majority claims in the Committee report that 
the bill establishes a federal standard of protection by 
setting some ``minimum requirements,'' these minimum 
requirements do not ensure human health or the environment will 
be protected. Moreover, this use of the term ``federal 
standard'' is inconsistent with the historical use of the term 
in environmental policy and with the commonly understood 
definition of the term. The nonpartisan Congressional Research 
Service (CRS) has examined the legislation and found that it 
does not establish a federal standard of protection in the way 
that term has ever been used.\3\ By having a set of minimum 
requirements that are open to state interpretation, the bill 
does not create a nationally consistent level of protection.
---------------------------------------------------------------------------
    \3\Congressional Research Service, Response to Committee Questions 
on Coal Ash Recycling and Oversight Act of 2013 (Jun. 4, 2013).
---------------------------------------------------------------------------
    Specifically, the Congressional Research Service has found 
that nothing in the bill ``requires agencies implementing the 
permit program to establish criteria applicable to [coal ash] 
structures that will be those necessary to achieve a specific 
federal standard of protection.''\4\
---------------------------------------------------------------------------
    \4\Id.
---------------------------------------------------------------------------
    The proponents of this legislation have been fiercely 
opposed to ensuring that state programs protect public health 
and the environment. A democratic amendment offered at the full 
committee markup to hold state coal ash programs to the same 
legal standard of protection as other wastes under RCRA was 
defeated in a party line vote.
    If enacted, this legislation will not ensure a consistent 
national standard to protect against the risks of unsafe coal 
ash or guarantee that state programs will be protective.

    COAL ASH POSES SERIOUS RISKS TO HUMAN HEALTH AND THE ENVIRONMENT

    The Environmental Protection Agency (EPA) has documented 
groundwater contamination from coal ash disposal in 12 states 
and documented potential groundwater contamination from coal 
ash in 17 states.\5\ These are coal ash disposal sites where 
poor disposal practices are contaminating ground water, 
polluting surface water and harming property values.\6\ In 
fact, three of those sites are now on the National Priority 
List for cleanup under Superfund. According to public interest 
stakeholders, the numbers of damage cases are much higher.
---------------------------------------------------------------------------
    \5\U.S. Environmental Protection Agency, Hazardous and Solid Waste 
Management System; Identification and Listing of Special Wastes; 
Disposal of Coal Combustion Residuals from Electric Utilities, 75 Fed. 
Reg. 35128 at 35143 (Jun. 21, 2010).
    \6\Id. at 35146.
---------------------------------------------------------------------------
    Risks from uncontrolled dust have also been documented. In 
Gambrills, Maryland, toxic dust from a coal ash disposal site 
blew into neighboring homes posing threats to the community's 
respiratory health.
    Coal ash impoundments can also catastrophically fail as 
happened in Kingston, Tennessee. EPA is currently conducting 
inspections of existing coal ash impoundments for structural 
integrity issues. At this time, 28% of impoundments inspected 
have received a ``poor'' rating. Those receiving poor ratings 
include 11 dams that have been rated ``high-hazard'' because 
their failure will likely lead to the loss of human life.\7\ At 
least one impoundment, Dominion's Chesapeake Energy Center in 
Chesapeake, Virginia, was required to address ``urgent'' 
recommendations, which EPA said, ``require immediate attention 
to ensure the structural integrity of the impoundment in the 
near term.''\8\
---------------------------------------------------------------------------
    \7\U.S. Environmental Protection Agency, Coal Combustion Residuals 
Impoundment Assessment Reports (online at www.epa.gov/osw/nonhaz/
industrial/special/fossil/surveys2/).
    \8\Letter from Suzanne Rudzinski, Director of the Office of 
Resource Conservation and Recovery, U.S. Environmental Protection 
Agency to Pamela Faggert, Vice President and Chief Executive Officer, 
Dominion Resources Services (Jan. 7.2011) (online at www.epa.gov/osw/
nonhaz/industrial/special/fossil/surveys2/dom-chesa-power-request.pdf).
---------------------------------------------------------------------------
    These risks are real, but unfortunately H.R. 2218 will not 
meaningfully address them.

THE MINIMUM CRITERIA ARE NOT SUFFICIENT TO PROTECT HUMAN HEALTH AND THE 
                              ENVIRONMENT

    The majority's Committee report states that the minimum 
requirements set out in the bill will be protective of human 
health and the environment. However, the requirements do not 
include the criteria necessary to protect human health and the 
environment from the risks of coal ash.
    For example, the bill does not require existing 
impoundments that continue receiving coal ash after enactment 
to be retrofitted with simple liners. Preventing groundwater 
contamination is more effective and cheaper than cleaning it 
up, but the bill does not require this simple safeguard to 
prevent contamination.
    Inexplicably, the legislation doesn't require an 
impoundment to control pollution until 10 years after 
groundwater contamination has been documented. Even then the 
legislation allows the impoundment to get additional deadline 
extensions or to avoid the requirement altogether by closing.
    Protecting human health and the environment would require 
preventing groundwater contamination, not allowing it to 
continue for ten or more years after it is documented.
    According to EPA, its most recent risk assessment for coal 
ash found ``very high potential risks from unlined surface 
impoundments'' including cancer and noncancer risks to the 
public and significant risks to the environment.\9\
---------------------------------------------------------------------------
    \9\U.S. Environmental Protection Agency, Hazardous and Solid Waste 
Management System; Identification and Listing of Special Wastes; 
Disposal of Coal Combustion Residuals from Electric Utilities, 75 Fed. 
Reg. 35128 at 35144 (Jun. 21, 2010).
---------------------------------------------------------------------------
    Representative Waxman offered an amendment during Committee 
consideration to require state programs to include measures to 
prevent groundwater contamination, but the amendment was 
defeated in a nearly party line vote.

         THE BILL LACKS FEDERAL BACKSTOP ENFORCEMENT AUTHORITY

    This legislation lacks provisions to ensure that states 
enforce the permit programs for disposal of coal ash they put 
in place. That means that when a state fails to implement their 
program for coal ash disposal in a way that protects human 
health and the environment, there is no effective way for the 
EPA to intervene to ensure the necessary safeguards.
    This limitation diverges from the proven model of 
environmental delegation. According to a recent report by the 
Congressional Research Service, in states that have been 
delegated implementation of federal pollution control laws, 
``EPA retains the authority and responsibility as determined by 
each statute to take enforcement measures, generally taking 
action when there is a violation of an EPA order or consent 
decree, or when the federal government deems a state to have 
failed to respond to a major violation in a timely and 
appropriate' manner.''\10\ CRS concluded that this legislation 
fails to include these provisions. Instead, under this bill, if 
a state fails to do an adequate job of enforcing its program, 
EPA has only one remedy. EPA can take over a state program when 
the state has failed to remedy deficiencies in its program by a 
reasonable deadline set in collaboration with the state. 
However, such a takeover is highly unlikely to be taken in all 
but the most extreme circumstances and should offer little 
comfort to a community facing contamination in state where the 
state refuses to meaningfully act.
---------------------------------------------------------------------------
    \10\Congressional Research Service, Federal Pollution Control Laws: 
How are They Enforced? (Jun. 18, 2013) (RL34384).
---------------------------------------------------------------------------
    There are current examples of states failing to act to 
protect their citizens from unsafe and unpermitted releases. 
For example, in Labadie, Missouri, the state has known for over 
two decades of a leak that has been gushing 50,000 gallons of 
toxic coal waste a day, and yet nothing has been done about it. 
In 2011, the EPA Inspector General found that ``state 
enforcement programs frequently do not meet national goals and 
states do not always take necessary enforcement actions.''\11\ 
Additionally, the IG found that ``state enforcement remains 
inconsistent across the country, providing unequal 
environmental benefits to the public and an unlevel playing 
field for regulated industries.''\12\
---------------------------------------------------------------------------
    \11\U.S. Environmental Protection Agency, Office of Inspector 
General, EPA Must Improve Oversight of State Enforcement (Dec. 9, 2011) 
(12-P-0113) (online at www.epa.gov/oig/reports/2012/20111209-12-P-
0113.pdf).
    \12\Id.
---------------------------------------------------------------------------
    Representative Rush offered an amendment during Committee 
consideration to allow federal backstop enforcement authority, 
but the amendment failed on a party line vote.

            THE BILL WILL NOT PROTECT VULNERABLE POPULATIONS

    Coal ash contains toxic chemicals, including arsenic, lead, 
hexavalent chromium, and mercury. These and other chemicals 
pose a particular risk to certain vulnerable populations, 
including children, pregnant women, and workers.
    Additionally, low-income communities and communities of 
color shoulder a disproportionate share of the health risks 
from disposal of coal combustion waste, as with so many 
environmental issues. Almost 70% of coal ash impoundments in 
the United States are in areas where household income is lower 
than the national median. For example, in Louisa, Kentucky, 
where the Big Sandy coal ash storage site is located, more than 
29% of the community lives below the poverty line.
    When the Tennessee Valley Authority coal ash impoundment in 
Kingston, Tennessee, failed, it released 5.4 million cubic 
yards of toxic sludge, blanketing the Emory River and 300 acres 
of surrounding land, and creating a Superfund site that could 
cost up to $1.2 billion to remediate. The sludge from that 
spill was removed and disposed of in a municipal solid waste 
landfill in Uniontown, Alabama, where 45% of the population 
falls below the poverty line.
    Several homes are within 100 feet of the landfill where the 
dumping occurred. The local residents protested the decision, 
but they were unable to stop the dumping. Dust from the ash was 
not controlled, and it contaminated their homes, gardens and 
property. Sulfurous gases blew off the landfill, making people 
sick. Residents have experienced respiratory illness, 
headaches, dizziness, nausea, and vomiting. Runoff from the 
landfill into residential areas has shown arsenic levels 80 
times the level allowed under the Safe Drinking Water Act.
    Now, the company that operated the landfill has declared 
bankruptcy, and this community will be unable to recover 
damages for the harms they have suffered.
    Coal ash disposal sites directly impact the health, 
livelihood, and home values for communities living around these 
dump sites, but the bill does nothing to ensure that these 
communities are protected from disproportionate adverse 
impacts. An amendment offered by Representative Christensen to 
require that state coal ash permit programs protect vulnerable 
populations including hot-spot communities was defeated in a 
nearly party line vote.

     CHANGES IN THE MOST RECENT VERSION DO NOT ADDRESS THESE ISSUES

    This bill is based on the proposal that 90% of Democrats 
opposed when it was considered on the House floor in September 
of last year. It has been exhaustively analyzed by the 
Congressional Research Service and found severely wanting. And 
it has failed to get sufficient support in the U.S. Senate.
    The bill reported from the Committee includes a number of 
small changes from the original discussion draft, none of which 
were drafted with the input of the Democratic members of the 
Committee. Some have little substantive effect. Some represent 
modest improvements. And some make the proposal even more 
problematic.
    For instance, the legislation appears to clarify that EPA 
cannot find a state coal ash disposal program to be deficient 
on the basis that the state program is allowing public health 
to be harmed or groundwater to be contaminated. This 
clarification makes the legislation even more unworkable than 
the version considered during the last Congress and exacerbates 
the issues identified in previous versions of the legislation.
    For the reasons stated above, we dissent from the views 
expressed in the Committee's report.

                                   Henry A. Waxman.
                                   Paul D. Tonko.

                                  
