[House Report 114-143]
[From the U.S. Government Publishing Office]


114th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                      {      114-143

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



 
       IMPROVING COAL COMBUSTION RESIDUALS REGULATION ACT OF 2015

                                _______
                                

  June 9, 2015.--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

                             MINORITY VIEWS

                        [To accompany H.R. 1734]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 1734) 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 without amendment 
and recommend that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     4
Committee Consideration..........................................     4
Committee Votes..................................................     5
Committee Oversight Findings.....................................     7
Statement of General Performance Goals and Objectives............     7
New Budget Authority, Entitlement Authority, and Tax Expenditures     7
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......     7
Committee Cost Estimate..........................................     7
Congressional Budget Office Estimate.............................     7
Federal Mandates Statement.......................................     9
Duplication of Federal Programs..................................     9
Disclosure of Directed Rule Makings..............................    10
Advisory Committee Statement.....................................    10
Applicability to Legislative Branch..............................    10
Section-by-Section Analysis of the Legislation...................    10
Changes in Existing Law Made by the Bill, as Reported............    24
Minority, Additional, or Dissenting Views........................    42

                          Purpose and Summary

    The legislation is a distinct approach to establishing 
permit programs under the Solid Waste Disposal Act (commonly 
referred to as the Resource Conservation and Recovery Act or 
RCRA). It establishes, in statute, a Federal baseline for the 
regulation of coal combustion residuals in the form of minimum 
requirements that all State permit programs must incorporate. 
The minimum requirements in the legislation directly 
incorporate and effectively codify the protective standards set 
by the Environmental Protection Agency (EPA) in its final rule 
for coal ash, Hazardous and Solid Waste Management System; 
Disposal of Coal Combustion Residuals from Electric Utilities, 
80 FR 21302 (April 17, 2015) (Final Rule). The legislation also 
establishes the process and deadlines for implementation of 
State permit programs.

                  Background and Need for Legislation


EPA Proposed Rule

    On June 21, 2010, the 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 have created an enforceable permit program for 
coal combustion residuals under Subtitle C of RCRA. The other 
two proposals would have imposed self-implementing requirements 
under Subtitle D of RCRA. The Subtitle D proposal would have 
required the automatic phase out of surface impoundments 
regardless 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 have 
required a phase out of surface impoundments.
    There was concern 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, threatened their beneficial re-use, and 
would have reversed prior regulatory determinations made by 
EPA. 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.
    It was clear in developing a rule for coal combustion 
residuals that EPA faced a genuine dilemma: create an 
enforceable permit program for coal ash under Subtitle C of 
RCRA and thereby designate coal ash as a hazardous waste, or 
promulgate self-implementing standards for managing coal ash 
under Subtitle D and leave enforcement to citizen suits and 
litigation.

Litigation

    On April 5, 2012, several environmental groups filed a 
lawsuit in the United States District Court for the District of 
Columbia to compel EPA to issue a final rule to regulate coal 
combustion residuals. Several other stakeholders also joined 
the litigation, including 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. On May 2, 
2014, the United States District Court for the District of 
Columbia approved a Consent Decree and a December 19, 2014 
deadline for EPA to publish a final coal ash rule.

Final Rule

    On December 19, 2014, EPA released a pre-publication 
version of the final rule regulating coal combustion residuals 
(the Final Rule). The Final Rule regulates coal ash as a non-
hazardous waste under Subtitle D of RCRA. While EPA selected 
the Subtitle D regulatory option, the Agency made it clear in 
the preamble to the rule that it was leaving open the option of 
regulating coal ash as a special waste under Subtitle C of RCRA 
and thereby reversing its prior regulatory determinations at 
some point in the future.
    The Final Rule is self-implementing, meaning that it does 
not require issuance of permits and there will be no oversight 
or enforcement by a regulatory agency. Rather, owners and 
operators of facilities regulated under the Final Rule must 
comply with the requirements without the interaction of a 
regulatory authority by certifying compliance with the 
requirements and posting the certifications on an internet 
website. Also, because the Final Rule is promulgated under 
Subtitle D and does not require regulated facilities to obtain 
permits, does not require the States to adopt and implement the 
Final Rule, and cannot be enforced by EPA the Final Rule's only 
compliance mechanism is for a State or citizen group to bring a 
RCRA citizen suit in Federal district court under section 7002 
of that statute against any facility that is alleged to be in 
noncompliance with the new requirements.
    As States' permit programs do not operate in lieu of the 
Final Rule, there is potential for overlapping or dual 
regulatory programs. EPA is encouraging States to revise their 
Solid Waste Management Plans to incorporate the Final Rule. EPA 
notes in the preamble to the Final Rule that if a State revises 
its Solid Waste Management Plan to incorporate the Federal 
requirements, facilities in compliance with an EPA-approved 
State Solid Waste Management Plan for coal ash that is 
identical to or more stringent than the Final Rule should be 
viewed as meeting or exceeding the Federal criteria. However, 
because there is no mechanism to legally incorporate the 
Federal requirements into State solid waste management 
programs, even if a State adopts the Final Rule and 
incorporates the criteria into the Solid Waste Management Plan, 
the Final Rule remains in place as an independent set of 
requirements that must be met.
    It is the Committee's expectation that H.R. 1734 would 
provide a legislative solution to the implementation issues 
associated with the Final Rule by authorizing State permit 
programs that incorporate the provisions of the Final Rule.

                                Hearings

    On January 22, 2015, the Subcommittee on Environment and 
the Economy held a hearing entitled ``EPA's 2014 Final Rule: 
Disposal of Coal Combustion Residuals from Electric Utilities. 
The Subcommittee received testimony from:
           Mathy Stanislaus, Assistant Administrator of 
        the Office of Solid Waste and Emergency Response, 
        United States Environmental Protection Agency;
           Thomas Easterly, Commissioner, Indiana 
        Department of Environmental Management;
           Michael Forbeck, Environmental Program 
        Manager, Pennsylvania Department of Environment, Bureau 
        of Waste Management;
           Lisa Johnson, Chief Executive Officer and 
        General Manager, Seminole Electric Cooperative, Inc.;
           Thomas Adams, Executive Director, American 
        Coal Ash Association;
           James Rower, Executive Director, Utilities 
        Solid Waste Activities Group;
           Eric Shaeffer, Director, Environmental 
        Integrity Project; and,
           Frank Holleman, Senior Attorney, Southern 
        Environmental Law Center.
    On March 18 and 24, 2015, the Subcommittee on Environment 
and the Economy held a hearing on a Discussion Draft entitled 
``Improving Coal Combustion Residuals Regulation Act of 2015.'' 
The Subcommittee received testimony from:
           Mathy Stanislaus, Assistant Administrator of 
        the Office of Solid Waste and Emergency Response, 
        United States Environmental Protection Agency;
           David Paylor, Director, Virginia Department 
        of Environmental Quality;
           Michael Forbeck, Environmental Program 
        Manager, Pennsylvania Department of Environment, Bureau 
        of Waste Management;
           James Roewer, Executive Director, Utilities 
        Solid Waste Activities Group; and,
           Lisa Evans, Senior Administrative Counsel, 
        Earthjustice.

                        Committee Consideration

    On March 24 and 25, 2015, the Subcommittee on Environment 
and the Economy met in open markup session to consider the 
discussion draft entitled the ``Improving Coal Combustion 
Residuals Regulation Act of 2015'' and favorably forwarded the 
bill, without amendment, to the full Committee by a recorded 
vote of 16 yeas and 5 nays.
    On April 13, 2015, Representative David McKinley introduced 
H.R. 1734, the ``Improving Coal Combustion Residuals Regulation 
Act of 2015,'' which was substantially similar to the bill 
forwarded by the Subcommittee.
    On April 14 and 15, 2015, the Committee on Energy and 
Commerce met in open markup session to consider H.R. 1734 and 
favorably reported the bill, without amendment, to the House by 
a recorded vote of 32 yeas and 19 nays.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. 
There were four record votes taken in connection with ordering 
H.R. 1734 reported. A motion by the Chair to order H.R. 1734 
reported to the House, without amendment, was agreed to by a 
record vote of 32 yeas and 19 nays. The following reflects the 
record votes taken during the Committee consideration:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee held a hearing on March 
18 and 24, 2015, and made findings that are reflected in this 
report.

         Statement of General Performance Goals and Objectives

    The goal and objective of H.R. 1734 is to incorporate the 
technical requirements from EPA's Final Rule for coal 
combustion residuals into State-based regulatory programs 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. 
1734, 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 9(e), 9(f), and 9(g) of rule XXI 
of the Rules of the House of Representatives, the Committee 
finds that H.R. 1734 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:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 28, 2015.
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. 1734, the 
Improving Coal Combustion Residuals Regulation Act of 2015.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman.
                                Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.

H.R. 1734--Improving Coal Combustion Residuals Regulation Act of 2015

    Summary: H.R. 1734 would effectively codify a final rule 
published in the Federal Register on April 17, 2014, that 
establishes national management and disposal standards for 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, the rule and this legislation would allow 
states to create and enforce their own CCR permit programs. 
However, H.R. 1734 would enable the Environmental Protection 
Agency (EPA) to directly regulate CCR in any state that fails 
to set up its own CCR program or in states where EPA determines 
that the CCR permit program is deficient.
    CBO estimates that implementing this legislation would cost 
$2 million over the 2016-2020 period, subject to the 
availability of appropriated funds. Enacting H.R. 1734 would 
not affect direct spending or revenues; therefore, pay-as-you-
go procedures do not apply.
    H.R. 1734 would impose an intergovernmental mandate, as 
defined in the Unfunded Mandates Reform Act (UMRA), because it 
would require states to notify EPA about whether they will 
adopt and implement a permit program for CCRs. CBO estimates 
that the administrative cost of that mandate would be small and 
would fall well below the annual threshold established in UMRA 
for intergovernmental mandates ($77 million, adjusted annually 
for inflation).
    The bill contains no private-sector mandates as defined in 
UMRA.
    Estimated cost to the Federal Government: CBO estimates 
that implementing H.R. 1734 would cost EPA $2 million in 2020. 
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. 
1734 will be enacted by the beginning of fiscal year 2016 and 
that the necessary amounts will be made available from 
appropriated funds.

Certification of State CCR Permit Programs

    Based on information from EPA and other industry experts, 
CBO expects that all states with coal-tired power plants (47 
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 ETA 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.
    Because this legislation would not provide EPA with the 
authority to substantially review certifications, CBO estimates 
that EPA's workload for this activity would not be significant 
over the 2016-2020 period.

Review of existing State CCR Permit Programs

    H.R. 1734 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 could increase 
beginning in 2020--after state programs are certified and 
operational--if EPA would need to review certain state 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 in all states, some reviews of programs 
in states with high coal consumption would probably be 
initiated beginning in 2020. 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, CBO expects that EPA would initiate reviews 
of CCR permit programs in several states beginning in 2020. 
Based on the cost of similar reviews, CBO estimates that work 
would cost 2 million in 2020. (Additional reviews and EPA costs 
could occur after 2020.)
    Pay-As-You-Go considerations: None.
    Estimated impact on state, local, and tribal governments: 
H.R. 1734 would impose an intergovernmental mandate, as defined 
in UMRA, because it would require states to notify EPA about 
whether they will adopt and implement a permit program for 
CCRs. CBO estimates that the cost of complying with that 
mandate would be small and would fall well below the annual 
threshold established in UMRA for intergovernmental mandates 
($77 million, adjusted annually for inflation).
    Estimated impact on the private sector: H.R. 1734 contains 
no private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal costs: Susanne S. Mehlman; 
Impact on state, local, and tribal governments: Jon Sperl; 
Impact on the private sector: Amy Petz.
    Estimate approved by: Theresa Gallo, 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. 1734 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. 1734 
specifically directs to be completed no rule makings 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 entitles the Act the ``Improving Coal 
Combustion Residuals Regulation Act of 2015'' 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 
permit program. The Committee expects that such a permit 
program will be adopted and implemented in every State that 
generates, stores, disposes of, or uses coal ash. 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 twenty-four months of enactment, that the permit 
program meets the specifications set out in this section. A 
State may request from EPA a twelve month extension of the 
deadline to certify a permit program. In order to receive an 
extension, a State must describe the efforts to meet the 
original deadline, demonstrate that the legislative or 
rulemaking procedures of the State are such that the State 
cannot meet the original deadline, and provide a detailed 
schedule for completion and submission of the certification. 
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 an 
explanation of how the State permit program will meet the 
minimum requirements and descriptions of the State's process to 
inspect and enforce the permit program, of the public 
participation process for promulgation of regulations and 
issuance of permits, and of the State statutes, regulations, or 
policies regarding public access to information--including 
information on groundwater monitoring data, structural 
stability assessments, emergency action plans, fugitive dust 
control plans, notifications of closure, and corrective action 
remedies. States must also identify any changes made to the 
definitions under section 257.53 of title 40, Code of Federal 
Regulations. Paragraph (b)(2) also requires States that intend 
to implement a permit program to provide a statement that it 
has fully effective statutes or regulations necessary to carry 
out the permit program, copies relevant statutes and 
regulations, a plan for response to a release from a structure 
or inactive surface impoundment that has the potential for 
impact beyond the property boundary, and a plan for 
coordination among States in the event of a release that 
crosses State lines. States may update a certification as 
necessary to reflect changes to the permit program.
    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 directly incorporates 
the requirements of the Final Rule and 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)(A) of new section 4011 provides that the 
implementing agency must require owners and operators of 
structures to apply for and obtain a permit incorporating the 
applicable requirements of the coal combustion residuals permit 
program.
    Subparagraph (c)(1)(B) of new section 4011 requires the 
implementing agency to make certain information available to 
the public, including (i) documents for permit determinations, 
which must also be made available for public review and 
comment; (ii) final determinations on permit applications; 
(iii) information on groundwater monitoring data, structural 
stability assessments, emergency action plans, fugitive dust 
control plans, notifications of closure (including any 
certification of closure by a qualified professional engineer), 
and corrective action remedies (which must be made available on 
the internet); and (iv) information regarding the exercise by 
the implementing agency of any discretionary authority granted 
by the legislation.
    The Committee acknowledges that the Final Rule at 40 CFR 
257.107 contains a requirement that owners or operators of a 
coal combustion disposal unit post compliance information on a 
publicly available website. The Committee recognizes that 
States typically make compliance information available to the 
public and that many States already post such information on 
the Internet. The legislation requires the implementing agency 
to ensure that such information is made publicly available on 
an Internet website, and the Committee believes that this 
requirement results in transparency equivalent to that of the 
requirement in the Final Rule.
    Subparagraph (c)(1)(C) of new section 4011 provides the 
implementing agency with certain authority, including a 
requirement that the implementing agency enter any site or 
premise at which a structure or inactive surface impoundment is 
located in order to obtain necessary information and conduct 
monitoring or testing to ensure that structures are in 
compliance with the requirements of a permit program. 
Subparagraph (c)(1)(C) also provides that if monitoring or 
testing is conducted by or for the implementing agency that the 
implementing agency shall, if requested by an owner or 
operator, provide a written description of the monitoring or 
testing completed, a portion of the sample equal in volume or 
weight to the portion retained by the implementing agency, and 
a copy of the results of any analysis of samples.
    Paragraph (c)(2) of new section 4011 specifies the criteria 
that must be applied to structures by all coal combustion 
residuals permit programs. The criteria directly incorporate 
the requirements established by EPA in the Final Rule. The 
Committee intends that all permit programs will incorporate the 
minimum requirements and the Committee believes that by 
directly incorporating the standards in the Final Rule, which 
were promulgated by EPA to protect human health and the 
environment, the minimum requirements set out in the 
legislation fully protect human health and the environment.
    Subparagraph (c)(2)(A) of new section 4011 directly 
incorporates and requires a permit program to include, at a 
minimum, the design requirements from the Final Rule at 40 CFR 
257.70 and 257.72.
    Subparagraph (c)(2)(B)(i) of new section 4011 incorporates 
and requires a permit program to include, at a minimum, the 
criteria for groundwater monitoring and corrective action from 
the Final Rule at 40 CFR 257.90 through 257.98, including for 
purposes of detection monitoring (the constituents described in 
appendix III to 40 CFR part 257) and assessment monitoring, 
establishing a groundwater protection standard, and assessment 
of corrective measures (the constituents described in appendix 
IV to 40 CFR part 257). Subparagraph (c)(2)(B)(ii) of new 
section 4011 provides certain discretionary authority for the 
implementing agency of a coal combustion residuals permit 
program, including the authority to (I) establish an 
alternative point of compliance for the down-gradient 
monitoring system as described in 40 CFR 257.51(a)(2); (II) 
establish alternative groundwater protection standards as 
provided in 40 CFR 258.55(j); (III) determine that corrective 
action is not necessary or technically feasible as provided in 
40 CFR 258.57(e); (IV) allow remediation in accordance with 
other applicable Federal or State requirements for releases 
other than releases to groundwater if compliance with such 
requirements will result in the same level of protection as 
described in 40 CFR 257.96 through 257.98; (V) authorize 
alternative groundwater monitoring and corrective action 
requirements, provided that such requirements are no less 
stringent than the alternative requirements authorized to be 
established under subpart E of 40 CFR part 258; and (VI) allow 
the owner or operator of an existing unlined surface 
impoundment to continue to operate for eight years after the 
date of enactment only if the unlined surface impoundment 
undertakes corrective action under 40 CFR 257.96 through 257.98 
and meets the applicable groundwater protection standard and 
any other applicable requirements established pursuant to this 
section.
    The Committee intends that the groundwater monitoring and 
corrective action provisions of the Final Rule are the baseline 
for coal combustion residuals permit programs. However, the 
Committee recognizes that the Final Rule was drafted to be 
self-implementing and with that comes certain limitations. The 
Committee notes that in the preamble to the Final Rule, EPA 
identified several instances in the Final Rule where the Agency 
indicated that it would have written the rule differently and 
would have incorporated certain flexibility if the rule was to 
be implemented with regulatory oversight; including, 
establishing an alternative groundwater protection standard, an 
alternative point of compliance, and determining that 
remediation of a release is not necessary. The Committee also 
believes that, because the additional authority and exceptions 
to the groundwater monitoring and corrective action 
requirements of the Final Rule are discretionary and the 
implementing agency may analyze the site-specific conditions 
and decide that deviating from the requirements in the Final 
Rule is not appropriate, the exceptions and additional 
authority are fully protective of human health and the 
environment and facilitate effective implementation of the 
protections in the Final Rule.
    With respect to releases other than releases to 
groundwater, the Committee intends that all releases will be 
addressed by the implementing agency, but notes that certain 
releases other than releases to groundwater may be more 
efficiently addressed through other applicable provisions of 
Federal or State law. The Committee believes that it is 
appropriate for the implementing agency to require remediation 
of the release under the other applicable authority so long as 
the remediation will result in the same level of protection as 
remediation under the corrective action provisions of the Final 
Rule at 40 CFR 257.96 through 257.98.
    Subparagraph (c)(2)(C) of new section 4011 directly 
incorporates and requires a permit program to include at a 
minimum, the closure requirements from the Final Rule at 40 CFR 
257.101, 257.102, and 257.103 with two exceptions. The closure 
criteria in 40 CFR 257.101(a)(1) apply to an existing structure 
that is an unlined surface impoundment only if the impoundment 
does not meet the applicable groundwater protection standard or 
any other applicable requirement and the closure criteria in 40 
CFR 257.101(b)(1) do not apply to existing structures that fail 
to meet certain location restrictions.
    The Committee intends that the closure requirements in the 
Final Rule are the default. However, the Committee believes 
that providing the implementing agency with discretionary 
authority to allow unlined surface impoundments a limited 
opportunity to implement corrective action rather than stop 
receiving coal combustion residuals within six months of 
exceeding a groundwater protection standard affords needed 
flexibility to States that would otherwise not be available 
without this legislation.
    Subparagraph (c)(2)(D) of new section 4011 directly 
incorporates and requires a permit program to include at a 
minimum, the post-closure care requirements from the Final Rule 
at 40 CFR 257.104.
    Subparagraph (c)(2)(E) 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 must comply with the location restrictions from the 
Final Rule at 40 CFR 257.60 through 255.64 and 257.3-1. 
Permitting of existing structures need only include the 
location restrictions in 40 CFR 257.64 and 257.3-1.
    The Committee believes that retroactive application of all 
of the location restrictions in the Final Rule is not necessary 
because the implementing agency will analyze all structures and 
determine whether they can operate safely. Furthermore, the 
Committee believes that coal combustion residuals permit 
programs will ensure that structures that pose a risk will be 
corrected to eliminate the risk or that they will be closed.
    Subparagraph (c)(2)(F) of new section 4011 directly 
incorporates and requires a permit program to include at a 
minimum, the criteria for air quality from the Final Rule at 40 
CFR 257.80.
    Subparagraph (c))(2)(G) of new section 4011 requires a 
permit program to include the financial assurance requirements 
in 40 CFR 258 subpart G.
    Subparagraph (c)(2)(H) of new section 4011 requires a 
permit program to include the surface water requirements in 
section 40 CFR 257.3-3.
    Subparagraph (c)(2)(I) of new section 4011 directly 
incorporates and requires a permit program to include at a 
minimum, the recordkeeping requirements in section 40 CFR 
257.105.
    Subparagraph (c)(2)(J) of new section 4011 directly 
incorporates and requires a permit program to include, at a 
minimum, the criteria for run-on and run-off control from the 
Final Rule at 40 CFR 257.81 for landfills, sand, or gravel 
pits, or quarries.
    Subparagraph (c)(2)(K) of new section 4011 directly 
incorporates and requires a permit program to include at a 
minimum, the criteria for hydrologic and hydraulic capacity 
requirements from the Final Rule at 40 CFR 257.82 for surface 
impoundments.
    Subparagraph (c)(2)(L) of new section 4011 directly 
incorporates and requires a permit program to include at a 
minimum the criteria for structural integrity from the Final 
Rule at 40 CFR 257.73 and 257.74 with the exception that the 
implementing agency has the discretion to allow surface 
impoundments that miss the deadline to complete a safety factor 
assessment to have up to thirty days to complete the 
assessment. If a structure fails to meet the safety factor 
assessment criteria during the initial assessment, the 
implementing agency also has the discretion to provide up to 
twelve months for an owner or operator to meet the safety 
factor assessment criteria provided in 40 CFR 257.73(e)(1), but 
only if the structure does not pose an immediate threat of 
release.
    Subparagraph (c)(2)(M) of new section 4011 directly 
incorporates and requires a permit program to include, at a 
minimum, the criteria for inspections from the Final Rule at 40 
CFR 257.83 and 257.84.
    Paragraph (c)(3)(A) 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, 
eighteen months after a State notifies the Administrator of EPA 
that it does not intend to develop a CCR permit program, or 
twenty-four months after the date of enactment in a case where 
the Administrator is implementing a permit program under 
subsection (e)(3), the implementing agency must notify owners 
of structures of the obligation to obtain a permit and of the 
requirements in subparagraph (c)(3)(B)(ii) that the owners or 
operators will be required to comply with during the period of 
interim operation.
    Subparagraph (c)(3)(B) of new section 4011 establishes a 
schedule by which owners or operators of structures must comply 
with certain requirements. Not later than eight months after 
the date of enactment, the implementing agency must require 
owner and operators of existing structures to install a 
permanent marker as described in subparagraph (c)(2)(L) and to 
comply with the requirements for air in subparagraph (c)(2)(F), 
surface water in subparagraph (c)(2)(H), record keeping in 
subparagraph (c)(2)(I), and inspections in subparagraph 
(c)(2)(M). Compliance with certain other requirements must 
begin no later than twelve months after a state submits its 
certification, thirty months after the Administrator receives 
notice that a State will not operate its own permit program, or 
thirty-six months after enactment for a program to be 
implemented by the Administrator under (e)(3). These 
requirements include the criteria for groundwater monitoring 
and corrective action in subparagraph (c)(2)(B), financial 
assurance in subparagraph (c)(2)(G), run-on and run-off 
controls in subparagraph (c)(2)(J), hydrologic and hydraulic 
capacity in subparagraph (c)(2)(K), and structural integrity in 
subparagraph (c)(2)(L). The Committee intends that no later 
than three years after the date of enactment, owners or 
operators of structures will comply with the specified 
requirements.
    It is the intent of the Committee that the time frames for 
compliance with the requirements of the Final Rule match as 
closely as possible the time frames for compliance under the 
legislation.
    Subparagraph (c)(3)(C) of new section 4011 provides that 
the implementing agency must issue a permit or deny an 
application within forty-eight months after the State submits 
its certification, sixty-six months after the Administrator 
receives notice from a State that it does not intend to operate 
its own permit program, or seventy-two 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 six years from the date of enactment.
    Subparagraph (c)(3)(D) of new section 4011 provides that, 
unless required by the implementing agency to close, existing 
structures 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). If 
the owner or operator of an existing structure meets the 
interim requirements described in subparagraph (c)(3)(B), so 
long as the implementing agency does not require the structure 
to close, the structure may continue to operate until the final 
permit is issued under subparagraph (c)(3)(C). The purpose of 
this provision is to ensure that owners or operators of 
existing structures may continue to operate from the date of 
enactment through the interim periods of operation so long as 
they comply with the applicable requirements.
    Paragraph (c)(4) of new section 4011 establishes 
requirements for inactive coal combustion residuals surface 
impoundments. The Committee intends that the requirements for 
inactive surface impoundments be substantially the same as the 
requirements under the Final Rule.
    Subparagraph (c)(4)(A) of new section 4011 provides that 
within two months from the date of enactment, the owners or 
operators of inactive coal combustion residuals surface 
impoundments must submit to EPA and the State in which the 
impoundment is located, a notice stating whether the 
impoundment will close within three years of the date of 
enactment or whether the impoundment will comply with the 
requirements for a structure under a coal combustion residuals 
permit program.
    Subparagraph (c)(4)(B) of new section 4011 provides 
discretion for the implementing agency to grant an extension of 
the closure deadline by no more than two years for an inactive 
surface impoundment that is undergoing closure, but only if the 
owner or operator of the impoundment demonstrates to the 
satisfaction of the implementing agency that the inactive coal 
combustion residuals surface impoundment does not pose an 
immediate threat of release and that it is not feasible to 
complete closure in accordance with the deadline in 40 CFR 
257.100 due to complications stemming from climate or weather, 
because additional time is required to remove the liquid from 
the surface impoundment due to the volume of coal combustion 
residuals or the characteristics of the coal combustion 
residuals in the impoundment, because the geology and terrain 
surrounding the inactive impoundment will affect the amount of 
material needed to close the inactive impoundment, or because 
additional time is required to coordinate with and obtain 
necessary approvals and permits.
    The Committee acknowledges that sometimes, due to the size 
or location of an inactive surface impoundment, that it is not 
possible to safely close the impoundment within three years, an 
extension of the closure deadline may be necessary. The 
Committee, however, intends that the implementing agency only 
exercise its discretion and authorize an extension if there is 
no immediate threat of a release from the inactive surface 
impoundment. The Committee also notes that the factors for 
demonstrating the need for an extension are those identified by 
EPA in the Final Rule at 40 CFR 257.102(f)(2)(i) as appropriate 
for an extension of the closure deadlines for active disposal 
units.
    Subparagraph (c)(4)(C) of new section 4011 provides that 
the implementing agency must require the owner or operator of a 
closed inactive surface impoundment to perform post-closure 
care and maintain financial assurance for the post-closure 
care.
    Subparagraph (c)(4)(D) of new section 4011 provides that an 
inactive coal combustion residuals surface impoundment must be 
treated as an existing structure and must comply with all of 
the requirements in paragraphs (c)(1) and (c)(2) if the owner 
or operator does not submit a notice regarding whether it will 
undergo closure to EPA and the State in which the impoundment 
is located or if the owner or operator indicates that the 
surface impoundment will continue to operate. Subparagraph 
(c)(4)(D) also provides that an inactive surface impoundment 
that fails to close by the applicable deadline must be treated 
as an existing structure and must comply with all of the 
requirements in paragraphs (c)(1) and (c)(2).
    The Committee intends that an inactive impoundment that 
does not close within three years (or five years if the 
implementing agency exercises its discretion to allow for up to 
two additional years for closure) from the date of enactment 
must comply with all of the same requirements as an active 
structure, including groundwater monitoring. The Final Rule 
contains a similar requirement.
    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 thirty-six 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 
ninety 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 that the State 
receives the written notice, except for a deficiency under 
subparagraph (F) for which the deadline may not be later than 
ninety days.
    Paragraph (d)(4) of new section 4011 sets out deficiency 
criteria with which the Administrator can determine if a State 
permit program 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 which 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 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 within a State, but 
the 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 coal 
combustion residuals permit program for a State under 
subsection (e), the Administrator must provide a thirty day 
period for the public participation required under 
(c)(1)(B)(i).
    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 thirty 
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 thirty 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 ninety 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.
    Subsection (g) of new section 4011 describes the transition 
of control of a permit program between a State and the 
Administrator. Subparagraph (g)(1)(A) provides that actions 
taken and orders issued remain in effect if a State takes 
control of its permit program from the Administrator or if the 
Administrator takes control of a permit program from the State. 
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 
implement fully the permit program. Paragraph (g)(2) requires 
existing actions, orders, or permits issued pursuant to a 
permit program to remain in effect until the entity assuming 
control of the permit program changes the requirements of the 
permit program with respect to the basis for the action or 
order; or certifies the completion of a corrective action that 
is the subject of the action or order.
    Paragraph (g)(3) 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, and if the Administrator 
implements a permit program for a State under subsection 
(e)(1), the State shall cease to implement its permit program.
    Subsection (h) of new section 4011 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 (i)(1) of new section 4011 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 (i)(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.
    Subparagraph (i)(2)(B) clarifies that nothing in H.R. 1734 
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 (i)(2)(C) allows the Administrator to provide 
enforcement assistance when requested by a State, but only the 
specific assistance requested by the State.
    Subparagraph (i)(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).
    Paragraph (i)(3) clarifies that this legislation does not 
affect the authority of a person to commence an action under 
section 7002 of the Solid Waste Disposal Act. The Committee 
intends for H.R. 1734 to address the fact that the Final Rule 
is enforceable only through citizen suits. However, the 
Committee does not intend to interfere with the ability of any 
person to bring a citizen suit under the Solid Waste Disposal 
Act.
    Subsection (j) of new section 4011 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 or underground 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 (k) of new section 4011 addresses the beneficial 
use of coal combustion residuals. Subparagraph (k)(1)(A) 
provides that engineered structural fill that is constructed in 
accordance with ASTM E2277 the ``Standard Guide for Design and 
Construction of Coal Ash Structural Fills,'' any other 
published national standard determined appropriate by the 
implementing agency, or a State standard or program related to 
fill materials or the management of coal combustion residuals 
for beneficial use is not considered receipt of coal combustion 
residuals. Subparagraph (k)(1)(B) provides that engineered 
structural fill for a building site or foundation; a base or 
embankment for a bridge, roadway, runway, or railroad; or a 
dike, levee, berm, or dam that is not part of a structure also 
is not considered receipt of coal combustion residuals. 
Paragraph (k)(2) provides that storage in a manner that is 
consistent with the management of raw materials if the coal 
combustion residuals being stored are intended to be used in a 
product or as a raw material is not considered receipt of coal 
combustion residuals. Paragraph (k)(3) defines beneficial use 
using the definition in the Final Rule and provides that 
beneficial use (A) provides a functional benefit; (B) is a 
substitute for the use of a virgin material; (C) meets relevant 
product specifications and regulatory or design standards; and 
(D) if the use involves placement on the land or coal 
combustion residuals in non-roadway applications in an amount 
equal to or greater than the amount described in the Final Rule 
at 40 CFR 257.53, the person using the coal combustion 
residuals must demonstrate and keep records showing that such 
use does not result in environmental releases to groundwater, 
surface water, soil, or air that are greater than those from a 
material or product that would be used instead of the coal 
combustion residuals or exceed the relevant regulatory and 
health-based benchmarks for human and ecological receptors.
    Subsection (l) of new section 4011 describes the legal 
effect of the Final Rule. The Committee intends that the Final 
Rule be implemented through enforceable permit programs 
established under this section. Paragraph (l)(1) provides that 
the rule may only be implemented through a permit program under 
this section and that to the extent that any provision of the 
Final Rule conflicts with or is inconsistent with a provision 
or requirement of this section, this section will control. 
Because the Final Rule had not yet been published in the 
Federal Register as of the date the Committee met in an open 
markup session (although it has since published on April 17, 
2015), paragraph (l)(2) provides that all references to the 
Code of Federal Regulations refer to the provisions of the 
prepublication version of the Final Rule signed by the 
Administrator on December 19, 2014. Paragraph (l)(3) provides 
that references to the effective date identified in the Final 
Rule at 40 CFR 257.51 shall refer to the date of enactment of 
this section, except that, in the case of any deadline 
established by such a reference that is in conflict with a 
deadline established by this section, the deadline established 
in this section shall control. Paragraph (l)(4) provides that 
40 CFR 257.52 is not affected by this section. Paragraph (l)(5) 
provides that the definitions in the Final Rule at 40 CFR 
257.53 shall apply unless they are in conflict or are 
inconsistent with this section or unless the lead State 
implementing agency identifies a change in the definitions in 
the certification and provides a reasonable basis for the 
changes. The Committee intends that the definitions in the 
Final Rule be incorporated into coal combustion residuals 
permit programs unless the State can provide a reasonable basis 
for making a change in the definitions. Paragraph (l)(6) 
provides that the criteria described in 40 CFR 257.106 and 
257.107 may be incorporated into a coal combustion residuals 
permit program at the discretion of the implementing agency.
    Subsection (m) of new section 4011 includes the following 
definitions.
    Paragraph (m)(1) ``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 fifty percent 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.
    Paragraph (m)(2) ``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.
    Paragraph (m)(3) ``Electric Utility; Independent Power 
Producer'' includes only electric utilities and independent 
power producers that produce electricity on or after the date 
of enactment of this section.
    Paragraph (m)(4) ``Existing Structure'' means a structure 
the construction of which commenced before the date of 
enactment of this section.
    Paragraph (m)(5) ``Implementing agency'' means the lead 
State implementing agency in clause (b)(2)(B)(i) or the 
Administrator acting pursuant to subsection (e).
    Paragraph (m)(5) ``Permit; prior approval and conditions'' 
means any authorization, license, or equivalent control 
document that incorporates the requirements and revised 
criteria in subsection (c).
    Paragraph (m)(6) ``Inactive Coal Combustion Residuals 
Surface Impoundment'' means a surface impoundment located at an 
electric utility or independent power producer, that, as of the 
date of enactment of this section does not receive coal 
combustion residuals, contains coal combustion residuals, and 
contains liquid.
    Paragraph (m)(7) ``Structure'' includes landfills, surface 
impoundments, and sand or gravel pit, or quarry that receives 
coal combustion residuals. The term structure does not include 
solid waste municipal landfills because they were not included 
under the Final Rule. 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. 
The Committee does not 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.
    Paragraph (m)(8) ``Unlined Surface Impoundment'' means a 
surface impoundment that does not have a liner system described 
in 40 CFR 257,71.

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. 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 in accordance with this section.
  (b) State Actions.--
          (1) Notification.--Not later than 6 months after the 
        date of enactment of this section (except as provided 
        by the deadline identified under subsection (d)(3)(B)), 
        the Governor of each State shall notify the 
        Administrator, in writing, whether such State will 
        adopt and implement a coal combustion residuals permit 
        program.
          (2) Certification.--
                  (A) In general.--Not later than 24 months 
                after the date of enactment of this section 
                (except as provided in subparagraph (B) and 
                subsection (f)(1)(A)), in the case of a State 
                that has notified the Administrator that it 
                will implement a coal combustion residuals 
                permit program, the head of the lead State 
                implementing agency shall submit to the 
                Administrator a certification that such coal 
                combustion residuals permit program meets the 
                requirements described in subsection (c).
                  (B) Extension.--
                          (i) Requirements.--The Administrator 
                        may extend the deadline for submission 
                        of a certification for a State under 
                        subparagraph (A) for a period of 12 
                        months if the State submits to the 
                        Administrator a request for such an 
                        extension that--
                                  (I) describes the efforts of 
                                the State to meet such 
                                deadline;
                                  (II) demonstrates that the 
                                legislative or rulemaking 
                                procedures of such State render 
                                the State unable meet such 
                                deadline; and
                                  (III) provides the 
                                Administrator with a detailed 
                                schedule for completion and 
                                submission of the 
                                certification.
                          (ii) Determination.--If the 
                        Administrator does not approve or deny 
                        a request submitted under clause (i) by 
                        the date that is 30 days after such 
                        submission, the request shall be deemed 
                        approved.
                  (C) Contents.--A certification submitted 
                under this paragraph shall include--
                          (i) a letter identifying the lead 
                        State implementing agency, signed by 
                        the head of such agency;
                          (ii) identification of any other 
                        State agencies involved with the 
                        implementation of the coal combustion 
                        residuals permit program;
                          (iii) an explanation of how the State 
                        coal combustion residuals permit 
                        program meets the requirements of this 
                        section, including--
                                  (I) a description of the 
                                State's--
                                          (aa) process to 
                                        inspect or otherwise 
                                        determine compliance 
                                        with such permit 
                                        program;
                                          (bb) process to 
                                        enforce the 
                                        requirements of such 
                                        permit program;
                                          (cc) public 
                                        participation process 
                                        for the promulgation, 
                                        amendment, or repeal of 
                                        regulations for, and 
                                        the issuance of permits 
                                        under, such permit 
                                        program; and
                                          (dd) statutes, 
                                        regulations, or 
                                        policies pertaining to 
                                        public access to 
                                        information, including 
                                        information on 
                                        groundwater monitoring 
                                        data, structural 
                                        stability assessments, 
                                        emergency action plans, 
                                        fugitive dust control 
                                        plans, notifications of 
                                        closure (including any 
                                        certification of 
                                        closure by a qualified 
                                        professional engineer), 
                                        and corrective action 
                                        remedies; and
                                  (II) identification of any 
                                changes to the definitions 
                                under section 257.53 of title 
                                40, Code of Federal 
                                Regulations, for purposes of 
                                the State coal combustion 
                                residuals permit program, 
                                including a reasonable basis 
                                for such changes, as required 
                                under subsection (l)(5);
                          (iv) a statement that the State has 
                        in effect, at the time of 
                        certification, statutes or regulations 
                        necessary to implement a coal 
                        combustion residuals permit program 
                        that meets the requirements described 
                        in subsection (c);
                          (v) copies of State statutes and 
                        regulations described in clause (iv);
                          (vi) a plan for a response by the 
                        State to a release at a structure or 
                        inactive surface impoundment that has 
                        the potential for impact beyond the 
                        site on which the structure or inactive 
                        surface impoundment is located; and
                          (vii) a plan for coordination among 
                        States in the event of a release that 
                        crosses State lines.
                  (D) Updates.--A State may update the 
                certification as needed to reflect changes to 
                the coal combustion residuals permit program.
          (3) Maintenance of 4005(c) or 3006 program.--In order 
        to adopt or implement a coal combustion residuals 
        permit program under this section (including pursuant 
        to subsection (f)), the lead State implementing agency 
        shall maintain an approved permit program or other 
        system of prior approval and conditions under section 
        4005(c) or an authorized program under section 3006.
  (c) Requirements for a Coal Combustion Residuals Permit 
Program.--A coal combustion residuals permit program shall 
consist of the following:
          (1) General requirements.--
                  (A) Permits.--The implementing agency shall 
                require that owners or operators of structures 
                apply for and obtain permits incorporating the 
                applicable requirements of the coal combustion 
                residuals permit program.
                  (B) Public availability of information.--
                Except for information with respect to which 
                disclosure is prohibited under section 1905 of 
                title 18, United States Code, the implementing 
                agency shall ensure that--
                          (i) documents for permit 
                        determinations are made publicly 
                        available for review and comment under 
                        the public participation process of the 
                        coal combustion residuals permit 
                        program;
                          (ii) final determinations on permit 
                        applications are made publicly 
                        available;
                          (iii) information on groundwater 
                        monitoring data, structural stability 
                        assessments, emergency action plans, 
                        fugitive dust control plans, 
                        notifications of closure (including any 
                        certification of closure by a qualified 
                        professional engineer), and corrective 
                        action remedies required pursuant to 
                        paragraph (2), collected in a manner 
                        determined appropriate by the 
                        implementing agency, is publicly 
                        available, including on an Internet 
                        website; and
                          (iv) information regarding the 
                        exercise by the implementing agency of 
                        any discretionary authority granted 
                        under this section and not provided for 
                        in the rule described in subsection 
                        (l)(1) is made publicly available.
                  (C) Agency authority.--
                          (i) In general.--The implementing 
                        agency shall--
                                  (I) obtain information 
                                necessary to determine whether 
                                the owner or operator of a 
                                structure is in compliance with 
                                the requirements of the coal 
                                combustion residuals permit 
                                program;
                                  (II) conduct or require 
                                monitoring or testing to ensure 
                                that structures are in 
                                compliance with the 
                                requirements of the coal 
                                combustion residuals permit 
                                program; and
                                  (III) enter any site or 
                                premise at which a structure or 
                                inactive coal combustion 
                                residuals surface impoundment 
                                is located for the purpose of 
                                inspecting such structure or 
                                surface impoundment and 
                                reviewing relevant records.
                          (ii) Monitoring and testing.--If 
                        monitoring or testing is conducted 
                        under clause (i)(II) by or for the 
                        implementing agency, the implementing 
                        agency shall, if requested, provide to 
                        the owner or operator--
                                  (I) a written description of 
                                the monitoring or testing 
                                completed;
                                  (II) at the time of sampling, 
                                a portion of each sample equal 
                                in volume or weight to the 
                                portion retained by or for the 
                                implementing agency; and
                                  (III) a copy of the results 
                                of any analysis of samples 
                                collected by or for the 
                                implementing agency.
          (2) Criteria.--The implementing agency shall apply 
        the following criteria with respect to structures:
                  (A) Design requirements.--For new structures, 
                including lateral expansions of existing 
                structures, the criteria regarding design 
                requirements described in sections 257.70 and 
                257.72 of title 40, Code of Federal 
                Regulations, as applicable.
                  (B) Groundwater monitoring and corrective 
                action.--
                          (i) In general.--Except as provided 
                        in clause (ii), for all structures, the 
                        criteria regarding groundwater 
                        monitoring and corrective action 
                        requirements described in sections 
                        257.90 through 257.98 of title 40, Code 
                        of Federal Regulations, including--
                                  (I) for the purposes of 
                                detection monitoring, the 
                                constituents described in 
                                appendix III to part 257 of 
                                title 40, Code of Federal 
                                Regulations; and
                                  (II) for the purposes of 
                                assessment monitoring, 
                                establishing a groundwater 
                                protection standard, and 
                                assessment of corrective 
                                measures, the constituents 
                                described in appendix IV to 
                                part 257 of title 40, Code of 
                                Federal Regulations.
                          (ii) Exceptions and additional 
                        authority.--
                                  (I) Alternative point of 
                                compliance.--Notwithstanding 
                                section 257.91(a)(2) of title 
                                40, Code of Federal 
                                Regulations, the implementing 
                                agency may establish the 
                                relevant point of compliance 
                                for the down-gradient 
                                monitoring system as provided 
                                in section 258.51(a)(2) of 
                                title 40, Code of Federal 
                                Regulations.
                                  (II) Alternative groundwater 
                                protection standards.--
                                Notwithstanding section 
                                257.95(h) of title 40, Code of 
                                Federal Regulations, the 
                                implementing agency may 
                                establish an alternative 
                                groundwater protection standard 
                                as provided in section 
                                258.55(i) of title 40, Code of 
                                Federal Regulations.
                                  (III) Ability to determine 
                                that corrective action is not 
                                necessary or technically 
                                feasible.--Notwithstanding 
                                section 257.97 of title 40, 
                                Code of Federal Regulations, 
                                the implementing agency may 
                                determine that remediation of a 
                                release from a structure is not 
                                necessary as provided in 
                                section 258.57(e) of title 40, 
                                Code of Federal Regulations.
                                  (IV) Authority relating to 
                                releases, other than releases 
                                to groundwater.--
                                Notwithstanding sections 
                                257.90(d) and 257.96(a) of 
                                title 40, Code of Federal 
                                Regulations, the implementing 
                                agency may, with respect to a 
                                release from a structure, other 
                                than a release to groundwater, 
                                authorize, for purposes of 
                                complying with this section, 
                                remediation of such release in 
                                accordance with other 
                                applicable Federal or State 
                                requirements if compliance with 
                                such requirements will result 
                                in the same level of protection 
                                as compliance with the criteria 
                                described in sections 257.96 
                                through 257.98 of title 40, 
                                Code of Federal Regulations, 
                                taking into consideration the 
                                nature of the release.
                                  (V) General authority 
                                relating to groundwater 
                                monitoring and corrective 
                                action.--Notwithstanding 
                                sections 257.90 through 257.98 
                                of title 40, Code of Federal 
                                Regulations, the implementing 
                                agency may authorize 
                                alternative groundwater 
                                monitoring and corrective 
                                action requirements provided 
                                that such requirements are no 
                                less stringent than the 
                                alternative requirements 
                                authorized to be established 
                                under subpart E of part 258 of 
                                title 40, Code of Federal 
                                Regulations.
                                  (VI) Opportunity for 
                                corrective action for unlined 
                                surface impoundments.--
                                Notwithstanding section 
                                257.101(a)(1) of title 40, Code 
                                of Federal Regulations, the 
                                implementing agency may allow 
                                the owner or operator of an 
                                existing structure that is an 
                                unlined surface impoundment--
                                          (aa) to continue to 
                                        operate, pursuant to 
                                        sections 257.96 through 
                                        257.98 of title 40, 
                                        Code of Federal 
                                        Regulations, until the 
                                        date that is 102 months 
                                        after the date of 
                                        enactment of this 
                                        section; and
                                          (bb) to continue to 
                                        operate after such date 
                                        as long as such unlined 
                                        surface impoundment 
                                        meets the groundwater 
                                        protection standard 
                                        established pursuant to 
                                        this subparagraph and 
                                        any other applicable 
                                        requirement established 
                                        pursuant to this 
                                        section.
                  (C) Closure.--For all structures, the 
                criteria for closure described in sections 
                257.101, 257.102, and 257.103 of title 40, Code 
                of Federal Regulations, except--
                          (i) the criteria described in section 
                        257.101(a)(1) of title 40, Code of 
                        Federal Regulations, shall apply to an 
                        existing structure that is an unlined 
                        surface impoundment only if--
                                  (I) the unlined surface 
                                impoundment is not allowed to 
                                continue operation pursuant to 
                                subparagraph (B)(ii)(VI)(aa); 
                                or
                                  (II) in the case of an 
                                unlined surface impoundment 
                                that is allowed to continue 
                                operation pursuant to 
                                subparagraph (B)(ii)(VI)(aa), 
                                the date described in such 
                                subparagraph has passed and the 
                                unlined surface impoundment 
                                does not meet the requirements 
                                described in subparagraph 
                                (B)(ii)(VI)(bb);
                          (ii) the criteria described in 
                        section 257.101(b)(1) of title 40, Code 
                        of Federal Regulations, shall not apply 
                        to existing structures, except as 
                        provided in subparagraphs (E)(i)(II) 
                        and (E)(ii); and
                          (iii) if an implementing agency has 
                        set a deadline under clause (i) or (ii) 
                        of subparagraph (L), the criteria 
                        described in section 257.101(b)(2) of 
                        title 40, Code of Federal Regulations, 
                        shall apply to structures that are 
                        surface impoundments only after such 
                        deadline.
                  (D) Post-closure.--For all structures, the 
                criteria for post-closure care described in 
                section 257.104 of title 40, Code of Federal 
                Regulations.
                  (E) Location restrictions.--
                          (i) In general.--The criteria for 
                        location restrictions described in--
                                  (I) for new structures, 
                                including lateral expansions of 
                                existing structures, sections 
                                257.60 through 257.64 and 
                                257.3-1 of title 40, Code of 
                                Federal Regulations; and
                                  (II) for existing structures, 
                                sections 257.64 and 257.3-1 of 
                                title 40, Code of Federal 
                                Regulations.
                          (ii) Additional authority.--The 
                        implementing agency may apply the 
                        criteria described in sections 257.60 
                        through 257.63 of title 40, Code of 
                        Federal Regulations, to existing 
                        structures that are surface 
                        impoundments.
                  (F) Air criteria.--For all structures, the 
                criteria for air quality described in section 
                257.80 of title 40, Code of Federal 
                Regulations.
                  (G) Financial assurance.--For all structures, 
                the criteria for financial assurance described 
                in subpart G of part 258 of title 40, Code of 
                Federal Regulations.
                  (H) Surface water.--For all structures, the 
                criteria for surface water described in section 
                257.3-3 of title 40, Code of Federal 
                Regulations.
                  (I) Recordkeeping.--For all structures, the 
                criteria for recordkeeping described in section 
                257.105 of title 40, Code of Federal 
                Regulations.
                  (J) Run-on and run-off controls.--For all 
                structures that are landfills, sand or gravel 
                pits, or quarries, the criteria for run-on and 
                run-off control described in section 257.81 of 
                title 40, Code of Federal Regulations.
                  (K) Hydrologic and hydraulic capacity 
                requirements.--For all structures that are 
                surface impoundments, the criteria for inflow 
                design flood control systems described in 
                section 257.82 of title 40, Code of Federal 
                Regulations.
                  (L) Structural integrity.--For structures 
                that are surface impoundments, the criteria for 
                structural integrity described in sections 
                257.73 and 257.74 of title 40, Code of Federal 
                Regulations, except that, notwithstanding 
                section 257.73(f)(4) of title 40, Code of 
                Federal Regulations, the implementing agency 
                may provide for--
                          (i) up to 30 days for an owner or 
                        operator to complete a safety factor 
                        assessment when an owner or operator 
                        has failed to meet an applicable 
                        periodic assessment deadline provided 
                        in section 257.73(f) of title 40, Code 
                        of Federal Regulations; and
                          (ii) up to 12 months for an owner or 
                        operator to meet the safety factor 
                        assessment criteria provided in section 
                        257.73(e)(1) of title 40, Code of 
                        Federal Regulations, if the 
                        implementing agency determines, through 
                        the initial safety factor assessment, 
                        that the structure does not meet such 
                        safety factor assessment criteria and 
                        that the structure does not pose an 
                        immediate threat of release.
                  (M) Inspections.--For all structures, the 
                criteria described in sections 257.83 and 
                257.84 of title 40, Code of Federal 
                Regulations.
          (3) Permit program implementation for existing 
        structures.--
                  (A) Notification.--Not later than the date on 
                which a State submits a certification under 
                subsection (b)(2), not later than 18 months 
                after the Administrator receives notice under 
                subsection (e)(1)(A), or not later than 24 
                months after the date of enactment of this 
                section with respect to a coal combustion 
                residuals permit program that is being 
                implemented by the Administrator under 
                subsection (e)(3), as applicable, the 
                implementing agency shall notify owners or 
                operators of existing structures of--
                          (i) the obligation to apply for and 
                        obtain a permit under subparagraph (C); 
                        and
                          (ii) the requirements referred to in 
                        subparagraph (B)(ii).
                  (B) Compliance with certain requirements.--
                          (i) Initial deadline for certain 
                        requirements.--Not later than 8 months 
                        after the date of enactment of this 
                        section, the implementing agency shall 
                        require owners or operators of existing 
                        structures to comply with--
                                  (I) the requirements under 
                                paragraphs (2)(F), (2)(H), 
                                (2)(I), and (2)(M); and
                                  (II) the requirement for a 
                                permanent identification marker 
                                under the criteria described in 
                                paragraph (2)(L).
                          (ii) Subsequent deadline for certain 
                        other requirements.--Not later than 12 
                        months after the date on which a State 
                        submits a certification under 
                        subsection (b)(2), not later than 30 
                        months after the Administrator receives 
                        notice under subsection (e)(1)(A), or 
                        not later than 36 months after the date 
                        of enactment of this section with 
                        respect to a coal combustion residuals 
                        permit program that is being 
                        implemented by the Administrator under 
                        subsection (e)(3), as applicable, the 
                        implementing agency shall require 
                        owners or operators of existing 
                        structures to comply with--
                                  (I) the requirements under 
                                paragraphs (2)(B), (2)(G), 
                                (2)(J), (2)(K), and (2)(L); and
                                  (II) the requirement for a 
                                written closure plan under the 
                                criteria described in paragraph 
                                (2)(C).
                  (C) Permits.--
                          (i) Permit deadline.--Not later than 
                        48 months after the date on which a 
                        State submits a certification under 
                        subsection (b)(2), not later than 66 
                        months after the Administrator receives 
                        notice under subsection (e)(1)(A), or 
                        not later than 72 months after the date 
                        of enactment of this section with 
                        respect to a coal combustion residuals 
                        permit program that is being 
                        implemented by the Administrator under 
                        subsection (e)(3), as applicable, the 
                        implementing agency shall issue, with 
                        respect to an existing structure, a 
                        final permit incorporating the 
                        applicable requirements of the coal 
                        combustion residuals permit program, or 
                        a final denial of an application 
                        submitted requesting such a permit.
                          (ii) Application deadline.--The 
                        implementing agency shall identify, in 
                        collaboration with the owner or 
                        operator of an existing structure, a 
                        reasonable deadline by which the owner 
                        or operator shall submit a permit 
                        application under clause (i).
                  (D) Interim operation.--
                          (i) Prior to deadlines.--Unless the 
                        implementing agency determines that the 
                        structure should close in accordance 
                        with the criteria described in 
                        paragraph (2)(C), with respect to any 
                        period of time on or after the date of 
                        enactment of this section but prior to 
                        the applicable deadline in subparagraph 
                        (B), the owner or operator of an 
                        existing structure may continue to 
                        operate such structure until such 
                        applicable deadline under any 
                        applicable regulations in effect during 
                        such period.
                          (ii) Prior to permit.--Unless the 
                        implementing agency determines that the 
                        structure should close in accordance 
                        with the criteria described in 
                        paragraph (2)(C), if the owner or 
                        operator of an existing structure meets 
                        the requirements referred to in 
                        subparagraph (B) by the applicable 
                        deadline in such subparagraph, the 
                        owner or operator may operate the 
                        structure until such time as the 
                        implementing agency issues, under 
                        subparagraph (C), a final permit 
                        incorporating the requirements of the 
                        coal combustion residuals permit 
                        program, or a final denial of an 
                        application submitted requesting such a 
                        permit.
          (4) Requirements for inactive coal combustion 
        residuals surface impoundments.--
                  (A) Notice.--Not later than 2 months after 
                the date of enactment of this section, each 
                owner or operator of an inactive coal 
                combustion residuals surface impoundment shall 
                submit to the Administrator and the State in 
                which such inactive coal combustion residuals 
                surface impoundment is located a notice stating 
                whether such inactive coal combustion residuals 
                surface impoundment will--
                          (i) not later than 3 years after the 
                        date of enactment of this section, 
                        complete closure in accordance with 
                        section 257.100 of title 40, Code of 
                        Federal Regulations; or
                          (ii) comply with the requirements of 
                        the coal combustion residuals permit 
                        program applicable to existing 
                        structures that are surface 
                        impoundments (except as provided in 
                        subparagraph (D)(ii)).
                  (B) Extension.--In the case of an inactive 
                coal combustion residuals surface impoundment 
                for which the owner or operator submits a 
                notice described in subparagraph (A)(i), the 
                implementing agency may extend the closure 
                deadline provided in such subparagraph by a 
                period of not more than 2 years if the owner or 
                operator of such inactive coal combustion 
                residuals surface impoundment--
                          (i) demonstrates to the satisfaction 
                        of the implementing agency that it is 
                        not feasible to complete closure of the 
                        inactive coal combustion residuals 
                        surface impoundment in accordance with 
                        section 257.100 of title 40, Code of 
                        Federal Regulations, by the deadline 
                        provided in subparagraph (A)(i)--
                                  (I) because of complications 
                                stemming from the climate or 
                                weather, such as unusual 
                                amounts of precipitation or a 
                                significantly shortened 
                                construction season;
                                  (II) because additional time 
                                is required to remove the 
                                liquid from the inactive coal 
                                combustion residuals surface 
                                impoundment due to the volume 
                                of coal combustion residuals 
                                contained in the surface 
                                impoundment or the 
                                characteristics of the coal 
                                combustion residuals in such 
                                surface impoundment;
                                  (III) because the geology and 
                                terrain surrounding the 
                                inactive coal combustion 
                                residuals surface impoundment 
                                will affect the amount of 
                                material needed to close the 
                                inactive coal combustion 
                                residuals surface impoundment; 
                                or
                                  (IV) because additional time 
                                is required to coordinate with 
                                and obtain necessary approvals 
                                and permits; and
                          (ii) demonstrates to the satisfaction 
                        of the implementing agency that the 
                        inactive coal combustion residuals 
                        surface impoundment does not pose an 
                        immediate threat of release.
                  (C) Financial assurance.--The implementing 
                agency shall require the owner or operator of 
                an inactive surface impoundment that has closed 
                pursuant to this paragraph to perform post-
                closure care in accordance with the criteria 
                described in section 257.104(b)(1) of title 40, 
                Code of Federal Regulations, and to provide 
                financial assurance for such post-closure care 
                in accordance with the criteria described in 
                section 258.72 of title 40, Code of Federal 
                Regulations.
                  (D) Treatment as structure.--
                          (i) In general.--An inactive coal 
                        combustion residuals surface 
                        impoundment shall be treated as an 
                        existing structure that is a surface 
                        impoundment for the purposes of this 
                        section, including with respect to the 
                        requirements of paragraphs (1) and (2), 
                        if--
                                  (I) the owner or operator 
                                does not submit a notice in 
                                accordance with subparagraph 
                                (A); or
                                  (II) the owner or operator 
                                submits a notice described in 
                                subparagraph (A)(ii).
                          (ii) Inactive coal combustion 
                        residuals surface impoundments that 
                        fail to close.--An inactive coal 
                        combustion residuals surface 
                        impoundment for which the owner or 
                        operator submits a notice described in 
                        subparagraph (A)(i) that does not close 
                        by the deadline provided under 
                        subparagraph (A)(i) or subparagraph 
                        (B), as applicable--
                                  (I) shall be treated as an 
                                existing structure for purposes 
                                of this section beginning on 
                                the date that is the day after 
                                such applicable deadline, 
                                including by--
                                          (aa) being required 
                                        to comply with the 
                                        requirements of 
                                        paragraph (1), as 
                                        applicable; and
                                          (bb) being required 
                                        to comply, beginning on 
                                        such date, with each 
                                        requirement of 
                                        paragraph (2); but
                                  (II) shall not be required to 
                                comply with paragraph (3).
  (d) Federal Review of State Permit Programs.--
          (1) In general.--The Administrator shall provide to a 
        State written notice and an opportunity to remedy 
        deficiencies in accordance with paragraph (3) if at any 
        time the State--
                  (A) does not satisfy the notification 
                requirement under subsection (b)(1);
                  (B) has not submitted a certification as 
                required under subsection (b)(2);
                  (C) does not satisfy the maintenance 
                requirement under subsection (b)(3);
                  (D) is not implementing a coal combustion 
                residuals permit program, with respect to which 
                the State has submitted a certification under 
                subsection (b)(2), that meets the requirements 
                described in subsection (c);
                  (E) is not implementing a coal combustion 
                residuals permit program, with respect to which 
                the State has submitted a certification under 
                subsection (b)(2)--
                          (i) that is consistent with such 
                        certification; and
                          (ii) for which the State continues to 
                        have in effect statutes or regulations 
                        necessary to implement such program; or
                  (F) does not make available to the 
                Administrator, within 90 days of a written 
                request, specific information necessary for the 
                Administrator to ascertain whether the State 
                has satisfied the requirements described in 
                subparagraphs (A) through (E).
          (2) Request.--If a request described in paragraph 
        (1)(F) is proposed pursuant to a petition to the 
        Administrator, the Administrator shall make the request 
        only if the Administrator does not possess the 
        information necessary to ascertain whether the State 
        has satisfied the requirements described in 
        subparagraphs (A) through (E) of paragraph (1).
          (3) Contents of notice; deadline for response.--A 
        notice provided under paragraph (1) shall--
                  (A) include findings of the Administrator 
                detailing any applicable deficiencies described 
                in subparagraphs (A) through (F) of paragraph 
                (1); and
                  (B) identify, in collaboration with the 
                State, a reasonable deadline by which the State 
                shall remedy such applicable deficiencies, 
                which shall be--
                          (i) in the case of a deficiency 
                        described in subparagraphs (A) through 
                        (E) of paragraph (1), not earlier than 
                        180 days after the date on which the 
                        State receives the notice; and
                          (ii) in the case of a deficiency 
                        described in paragraph (1)(F), not 
                        later than 90 days after the date on 
                        which the State receives the notice.
          (4) Considerations for determining deficiency of 
        state permit program.--In making a determination 
        whether a State has failed to satisfy the requirements 
        described in subparagraphs (A) through (E) of paragraph 
        (1), or a determination under subsection (e)(1)(B), the 
        Administrator shall consider, as appropriate--
                  (A) whether the State's statutes or 
                regulations to implement a coal combustion 
                residuals permit program are not sufficient to 
                meet the requirements described in subsection 
                (c) because of--
                          (i) failure of the State to 
                        promulgate or enact new statutes or 
                        regulations when necessary; or
                          (ii) action by a State legislature or 
                        court striking down or limiting such 
                        State statutes or regulations;
                  (B) whether the operation of the State coal 
                combustion residuals permit program fails to 
                comply with the requirements of subsection (c) 
                because of--
                          (i) failure of the State to issue 
                        permits as required in subsection 
                        (c)(1)(A);
                          (ii) repeated issuance by the State 
                        of permits that do not meet the 
                        requirements of subsection (c);
                          (iii) failure of the State to comply 
                        with the public participation 
                        requirements of this section; or
                          (iv) failure of the State to 
                        implement corrective action 
                        requirements required under subsection 
                        (c)(2)(B); and
                  (C) whether the enforcement of a State coal 
                combustion residuals permit program fails to 
                comply with the requirements of this section 
                because of--
                          (i) failure to act on violations of 
                        permits, as identified by the State; or
                          (ii) repeated failure by the State to 
                        inspect or otherwise determine 
                        compliance pursuant to the process 
                        identified under subsection 
                        (b)(2)(C)(iii)(I).
  (e) Implementation by Administrator.--
          (1) Federal backstop authority.--The Administrator 
        shall implement a coal combustion residuals permit 
        program for a State if--
                  (A) the Governor of the State notifies the 
                Administrator under subsection (b)(1) that the 
                State will not adopt and implement a permit 
                program;
                  (B) the State has received a notice under 
                subsection (d) and the Administrator 
                determines, after providing a 30-day period for 
                notice and public comment, that the State has 
                failed, by the deadline identified in the 
                notice under subsection (d)(3)(B), to remedy 
                the deficiencies detailed in the notice 
                pursuant to subsection (d)(3)(A); or
                  (C) the State informs the Administrator, in 
                writing, that such State will no longer 
                implement such a permit program.
          (2) Review.--A State may obtain a review of a 
        determination by the Administrator under this 
        subsection as if the determination was a final 
        regulation for purposes of section 7006.
          (3) Other structures.--For structures and inactive 
        coal combustion residuals surface impoundments located 
        on property within the exterior boundaries of a State 
        that the State does not have authority or jurisdiction 
        to regulate, the Administrator shall implement a coal 
        combustion residuals permit program only for those 
        structures and inactive coal combustion residuals 
        surface impoundments.
          (4) Requirements.--If the Administrator implements a 
        coal combustion residuals permit program under 
        paragraph (1) or (3), the permit program shall consist 
        of the requirements described in subsection (c).
          (5) Enforcement.--
                  (A) In general.--If the Administrator 
                implements a coal combustion residuals permit 
                program for a State under paragraph (1)--
                          (i) the authorities referred to in 
                        section 4005(c)(2)(A) shall apply with 
                        respect to coal combustion residuals, 
                        structures, and inactive coal 
                        combustion residuals surface 
                        impoundments for which the 
                        Administrator is implementing the coal 
                        combustion residuals permit program; 
                        and
                          (ii) the Administrator may use those 
                        authorities to inspect, gather 
                        information, and enforce the 
                        requirements of this section in the 
                        State.
                  (B) Other structures.--If the Administrator 
                implements a coal combustion residuals permit 
                program under paragraph (3)--
                          (i) the authorities referred to in 
                        section 4005(c)(2)(A) shall apply with 
                        respect to coal combustion residuals, 
                        structures, and inactive coal 
                        combustion residuals surface 
                        impoundments for which the 
                        Administrator is implementing the coal 
                        combustion residuals permit program; 
                        and
                          (ii) the Administrator may use those 
                        authorities to inspect, gather 
                        information, and enforce the 
                        requirements of this section for the 
                        structures and inactive coal combustion 
                        residuals surface impoundments for 
                        which the Administrator is implementing 
                        the coal combustion residuals permit 
                        program.
          (6) Public participation process.--If the 
        Administrator implements a coal combustion residuals 
        permit program under this subsection, the Administrator 
        shall provide a 30-day period for the public 
        participation process required under subsection 
        (c)(1)(B)(i).
  (f) State Control After Implementation by Administrator.--
          (1) State control.--
                  (A) New adoption, or resumption of, and 
                implementation by state.--For a State for which 
                the Administrator is implementing a coal 
                combustion residuals permit program under 
                subsection (e)(1)(A) or subsection (e)(1)(C), 
                the State may adopt and implement such a permit 
                program by--
                          (i) notifying the Administrator that 
                        the State will adopt and implement such 
                        a permit program;
                          (ii) not later than 6 months after 
                        the date of such notification, 
                        submitting to the Administrator a 
                        certification under subsection (b)(2); 
                        and
                          (iii) receiving from the 
                        Administrator--
                                  (I) a determination, after 
                                the Administrator provides for 
                                a 30-day period for notice and 
                                public comment, that the State 
                                coal combustion residuals 
                                permit program meets the 
                                requirements described in 
                                subsection (c); and
                                  (II) a timeline for 
                                transition to the State coal 
                                combustion residuals permit 
                                program.
                  (B) Remedying deficient permit program.--For 
                a State for which the Administrator is 
                implementing a coal combustion residuals permit 
                program under subsection (e)(1)(B), the State 
                may adopt and implement such a permit program 
                by--
                          (i) remedying only the deficiencies 
                        detailed in the notice pursuant to 
                        subsection (d)(3)(A); and
                          (ii) receiving from the 
                        Administrator--
                                  (I) a determination, after 
                                the Administrator provides for 
                                a 30-day period for notice and 
                                public comment, that the 
                                deficiencies detailed in such 
                                notice have been remedied; and
                                  (II) a timeline for 
                                transition to the State coal 
                                combustion residuals permit 
                                program.
          (2) Review of determination.--
                  (A) Determination required.--The 
                Administrator shall make a determination under 
                paragraph (1) not later than 90 days after the 
                date on which the State submits a certification 
                under paragraph (1)(A)(ii), or notifies the 
                Administrator that the deficiencies have been 
                remedied pursuant to paragraph (1)(B)(i), as 
                applicable.
                  (B) Review.--A State may obtain a review of a 
                determination by the Administrator under 
                paragraph (1) as if such determination was a 
                final regulation for purposes of section 7006.
  (g) Implementation During Transition.--
          (1) Effect on actions and orders.--Program 
        requirements of, and actions taken or orders issued 
        pursuant to, a coal combustion residuals permit program 
        shall remain in effect if--
                  (A) a State takes control of its coal 
                combustion residuals permit program from the 
                Administrator under subsection (f)(1); or
                  (B) the Administrator takes control of a coal 
                combustion residuals permit program from a 
                State under subsection (e).
          (2) Change in requirements.--Paragraph (1) shall 
        apply to such program requirements, actions, and orders 
        until such time as--
                  (A) the implementing agency that took control 
                of the coal combustion residuals permit program 
                changes the requirements of the coal combustion 
                residuals permit program with respect to the 
                basis for the action or order; or
                  (B) with respect to an ongoing corrective 
                action, the State or the Administrator, 
                whichever took the action or issued the order, 
                certifies the completion of the corrective 
                action that is the subject of the action or 
                order.
          (3) Single permit program.--Except as otherwise 
        provided in this subsection--
                  (A) if a State adopts and implements a coal 
                combustion residuals permit program under 
                subsection (f), the Administrator shall cease 
                to implement the coal combustion residuals 
                permit program implemented under subsection (e) 
                for such State; and
                  (B) if the Administrator implements a coal 
                combustion residuals permit program for a State 
                under subsection (e)(1), the State shall cease 
                to implement its coal combustion residuals 
                permit program.
  (h) Effect on Determination Under 4005(c) or 3006.--The 
Administrator shall not consider the implementation of a coal 
combustion residuals permit program by the Administrator under 
subsection (e) in making a determination of approval for a 
permit program or other system of prior approval and conditions 
under section 4005(c) or of authorization for a program under 
section 3006.
  (i) Authority.--
          (1) State authority.--Nothing in this section shall 
        preclude or deny any right of any State to adopt or 
        enforce any regulation or requirement respecting coal 
        combustion residuals that is more stringent or broader 
        in scope than a regulation or requirement under this 
        section.
          (2) Authority of the administrator.--
                  (A) In general.--Except as provided in 
                subsections (d), (e), and (g) of this section 
                and section 6005, the Administrator shall, with 
                respect to the regulation of coal combustion 
                residuals under this Act, defer to the States 
                pursuant to this section.
                  (B) Imminent hazard.--Nothing in this section 
                shall be construed as affecting the authority 
                of the Administrator under section 7003 with 
                respect to coal combustion residuals.
                  (C) Enforcement assistance only upon 
                request.--Upon request from the head of a lead 
                State implementing agency, the Administrator 
                may provide to such State agency only the 
                enforcement assistance requested.
                  (D) Concurrent enforcement.--Except as 
                provided in subparagraph (C) of this paragraph 
                and subsection (g), the Administrator shall not 
                have concurrent enforcement authority when a 
                State is implementing a coal combustion 
                residuals permit program, including during any 
                period of interim operation described in 
                subsection (c)(3)(D).
          (3) Citizen suits.--Nothing in this section shall be 
        construed to affect the authority of a person to 
        commence a civil action in accordance with section 
        7002.
  (j) Mine Reclamation Activities.--A coal combustion residuals 
permit program implemented by the Administrator under 
subsection (e) shall not apply to the utilization, placement, 
and storage of coal combustion residuals at surface or 
underground coal mining and reclamation operations.
  (k)  Use of Coal Combustion Residuals.--Use of coal 
combustion residuals in any of the following ways shall not be 
considered to be receipt of coal combustion residuals for the 
purposes of this section:
          (1) Use as--
                  (A) engineered structural fill constructed in 
                accordance with--
                          (i) ASTM E2277 entitled ``Standard 
                        Guide for Design and Construction of 
                        Coal Ash Structural Fills'', including 
                        any amendment or revision to that 
                        guidance;
                          (ii) any other published national 
                        standard determined appropriate by the 
                        implementing agency; or
                          (iii) a State standard or program 
                        relating to--
                                  (I) fill operations for coal 
                                combustion residuals; or
                                  (II) the management of coal 
                                combustion residuals for 
                                beneficial use; or
                  (B) engineered structural fill for--
                          (i) a building site or foundation;
                          (ii) a base or embankment for a 
                        bridge, roadway, runway, or railroad; 
                        or
                          (iii) a dike, levee, berm, or dam 
                        that is not part of a structure.
          (2) Storage in a manner that is consistent with the 
        management of raw materials, if the coal combustion 
        residuals being stored are intended to be used in a 
        product or as a raw material.
          (3) Beneficial use--
                  (A) that provides a functional benefit;
                  (B) that is a substitute for the use of a 
                virgin material;
                  (C) that meets relevant product 
                specifications and regulatory or design 
                standards; and
                  (D) if such use involves placement on the 
                land of coal combustion residuals in non-
                roadway applications, in an amount equal to or 
                greater than the amount described in the 
                definition of beneficial use in section 257.53 
                of title 40, Code of Federal Regulations, for 
                which the person using the coal combustion 
                residuals demonstrates, and keeps records 
                showing, that such use does not result in 
                environmental releases to groundwater, surface 
                water, soil, or air that--
                          (i) are greater than those from a 
                        material or product that would be used 
                        instead of the coal combustion 
                        residuals; or
                          (ii) exceed relevant regulatory and 
                        health-based benchmarks for human and 
                        ecological receptors.
  (l) Effect of Rule.--
          (1) In general.--With respect to the final rule 
        entitled ``Hazardous and Solid Waste Management System; 
        Disposal of Coal Combustion Residuals from Electric 
        Utilities'' signed by the Administrator on December 19, 
        2014--
                  (A) such rule shall be implemented only 
                through a coal combustion residuals permit 
                program under this section; and
                  (B) to the extent that any provision or 
                requirement of such rule conflicts, or is 
                inconsistent, with a provision or requirement 
                of this section, the provision or requirement 
                of this section shall control.
          (2) References to the code of federal regulations.--
        For purposes of this section, any reference to a 
        provision of the Code of Federal Regulations added by 
        the rule described in paragraph (1) shall be considered 
        to be a reference to such provision as it is contained 
        in such rule.
          (3) Effective date.--For purposes of this section, 
        any reference in part 257 of title 40, Code of Federal 
        Regulations, to the effective date contained in section 
        257.51 of such part shall be considered to be a 
        reference to the date of enactment of this section, 
        except that, in the case of any deadline established by 
        such a reference that is in conflict with a deadline 
        established by this section, the deadline established 
        by this section shall control.
          (4) Applicability of other regulations.--The 
        application of section 257.52 of title 40, Code of 
        Federal Regulations, is not affected by this section.
          (5) Definitions.--The definitions under section 
        257.53 of title 40, Code of Federal Regulations, shall 
        apply with respect to any criteria described in 
        subsection (c) the requirements of which are 
        incorporated into a coal combustion residuals permit 
        program under this section, except--
                  (A) as provided in paragraph (1); and
                  (B) a lead State implementing agency may make 
                changes to such definitions if the lead State 
                implementing agency--
                          (i) identifies the changes in the 
                        explanation included with the 
                        certification submitted under 
                        subsection (b)(2)(C)(iii); and
                          (ii) provides in such explanation a 
                        reasonable basis for the changes.
          (6) Other criteria.--The criteria described in 
        sections 257.106 and 257.107 of title 40, Code of 
        Federal Regulations, may be incorporated into a coal 
        combustion residuals permit program at the discretion 
        of the implementing agency.
  (m) Definitions.--In this section:
          (1) Coal combustion residuals.--The term ``coal 
        combustion residuals'' means the following wastes 
        generated by electric utilities and independent power 
        producers:
                  (A) The solid wastes listed in section 
                3001(b)(3)(A)(i) that are generated primarily 
                from the combustion of coal, including 
                recoverable materials from such wastes.
                  (B) Coal combustion wastes that are co-
                managed with wastes produced in conjunction 
                with the combustion of coal, provided that such 
                wastes are not segregated and disposed of 
                separately from the coal combustion wastes and 
                comprise a relatively small proportion of the 
                total wastes being disposed in the structure.
                  (C) Fluidized bed combustion wastes that are 
                generated primarily from the combustion of 
                coal.
                  (D) Wastes from the co-burning of coal with 
                non-hazardous secondary materials, provided 
                that coal makes up at least 50 percent of the 
                total fuel burned.
                  (E) Wastes from the co-burning of coal with 
                materials described in subparagraph (A) that 
                are recovered from monofills.
          (2) Coal combustion residuals permit program.--The 
        term ``coal combustion residuals permit program'' means 
        all of the authorities, activities, and procedures that 
        comprise a system of prior approval and conditions 
        implemented under this section to regulate the 
        management and disposal of coal combustion residuals.
          (3) Electric utility; independent power producer.--
        The terms ``electric utility'' and ``independent power 
        producer'' include only electric utilities and 
        independent power producers that produce electricity on 
        or after the date of enactment of this section.
          (4) Existing structure.--The term ``existing 
        structure'' means a structure the construction of which 
        commenced before the date of enactment of this section.
          (5) Implementing agency.--The term ``implementing 
        agency'' means the agency responsible for implementing 
        a coal combustion residuals permit program, which shall 
        either be the lead State implementing agency identified 
        under subsection (b)(2)(C)(i) or the Administrator 
        pursuant to subsection (e).
          (6) Inactive coal combustion residuals surface 
        impoundment.--The term ``inactive coal combustion 
        residuals surface impoundment'' means a surface 
        impoundment, located at an electric utility or 
        independent power producer, that, as of the date of 
        enactment of this section--
                  (A) does not receive coal combustion 
                residuals;
                  (B) contains coal combustion residuals; and
                  (C) contains liquid.
          (7) Structure.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the term ``structure'' means 
                a landfill, surface impoundment, sand or gravel 
                pit, or quarry that receives coal combustion 
                residuals on or after the date of enactment of 
                this section.
                  (B) Exceptions.--
                          (i) Municipal solid waste 
                        landfills.--The term ``structure'' does 
                        not include a municipal solid waste 
                        landfill.
                          (ii) De minimis receipt.--The term 
                        ``structure'' does not include any 
                        landfill or surface impoundment that 
                        receives only de minimis quantities of 
                        coal combustion residuals if the 
                        presence of coal combustion residuals 
                        is incidental to the material managed 
                        in the landfill or surface impoundment.
          (8) Unlined surface impoundment.--The term ``unlined 
        surface impoundment'' means a surface impoundment that 
        does not have a liner system described in section 
        257.71 of title 40, Code of Federal Regulations.

           *       *       *       *       *       *       *


                             MINORITY VIEWS

    The unsafe disposal of coal ash presents serious risks to 
human health and the environment. Contaminants can leach into 
groundwater and drinking water supplies, or become airborne as 
toxic dust. Aging or deficient impoundments can fail 
structurally, resulting in catastrophic floods of toxic sludge 
entering neighboring communities. Examples of these harms are 
numerous and well-documented.
    On December 19th, 2014, after decades of work, a robust 
public process, and consideration of over 450,000 public 
comments, EPA released a final rule to address the serious 
environmental problems associated with coal ash, while still 
protecting beneficial reuses.\1\ The rule sets out minimum 
national criteria for the disposal of ash carefully designed to 
ensure ``no reasonable probability of adverse effects on health 
or the environment.'' \2\
---------------------------------------------------------------------------
    \1\U.S. Environmental Protection Agency, Hazardous and Solid Waste 
Management System; Disposal of Coal Combustion Residuals from Electric 
Utilities, Federal Register, Vol. 80, No. 74, 21302-21501 (April 17, 
2015)(online at: http://www2.epa.gov/coalash/coal-ash-rule)
    \2\Id., at p.21310.
---------------------------------------------------------------------------
    Despite the years of thoughtful work EPA spent developing 
the rule and the positive public reaction to its publication, 
H.R. 1734 would set aside the rule and put a weaker and 
untested program in its place.
    H.R. 1734 eliminates the federal floor of protection 
established by EPA, omits certain requirements that EPA has 
deemed necessary to protect human health and the environment, 
delays important health protections, and restricts public 
access to information. The new state permitting program 
structure lacks an enforceable standard of protection, 
abandoning proven models of environmental protection.
    The majority report mischaracterizes the need for this 
legislation and its effects.

                 A. COAL ASH LEGISLATION IS NOT NEEDED

    In the past, some have argued that coal ash legislation was 
needed because EPA was unable to finalize a protective 
regulation without endangering beneficial reuse. EPA has now 
finalized such a regulation. In light of that, the majority 
report asserts three justifications for legislation: (1) a lack 
of certainty surrounding the continued ability to beneficially 
reuse coal ash, (2) a lack of enforcement because of exclusive 
reliance on citizen suits, and (3) the specter of dual 
enforcement of both the federal and state requirements.\3\ All 
three are without merit.
---------------------------------------------------------------------------
    \3\Committee Report, p. 2
---------------------------------------------------------------------------
    While the majority report suggests that legislation is 
needed because EPA could change course and pursue regulation 
for coal ash as hazardous waste ``at some point in the 
future,'' the Agency has no plans to do so. EPA's Assistant 
Administrator was asked at two hearings before the Committee 
this year whether EPA intended to revisit the decision to 
regulate coal ash as non-hazardous. Each time, the answer was 
``no.''\4\ Further, revisiting that decision would require a 
full notice and comment rulemaking which would take several 
years and require public participation.
---------------------------------------------------------------------------
    \4\Testimony of Mathy Stanislaus, Hearing on ``HR __, the Improving 
Coal Combustion Residuals Regulation Act of 2015,'' Subcommittee on 
Environment and the Economy (March 24, 2015) at p.17, (online at: 
http://docs.house.gov/meetings/IF/IF18/20150318/103173/HHRG-114-IF18-
20150318-SD011.pdf); Testimony of Mathy Stanislaus, Hearing on ``EPA's 
2014 Final Rule: Disposal of Coal Combustion Residuals from Electric 
Utilities,'' Subcommittee on Environment and the Economy (January 22, 
2015) at pp.36-37 (online at: http://democrats. 
energycommerce.house.gov/sites/default/files/documents/Preliminary-
Transcript-EE-EPA-Rule-Coal-Combustion-Residuals-2015-1-22.pdf)
---------------------------------------------------------------------------
    On the second point, citizen suits would not be the only 
means of enforcement under the EPA Final Rule. EPA's 
expectation, based on discussions with States during the 
development of the final rule, is that States will revise their 
Solid Waste Management Plans (SWMPs) to incorporate the rule's 
requirements.\5\ The rule also provides a mechanism for EPA to 
review and approve these revised SWMPs. States, then, will have 
authority to enforce the requirements and to include them in 
permits, providing enforcement through means other than citizen 
suits.
---------------------------------------------------------------------------
    \5\Testimony of Mathy Stanislaus, Hearing on ``HR __, the Improving 
Coal Combustion Residuals Regulation Act of 2015'' (March 24, 2015) at 
p.6, (online at: http://docs.house.gov/meetings/IF/IF18/20150318/
103173/HHRG-114-IF18-20150318-SD011.pdf).
---------------------------------------------------------------------------
    The majority report recognizes that states will incorporate 
these requirements and pursue their own enforcement in arguing 
that legislation is needed to prevent ``overlapping or dual 
regulatory programs''. The majority argues that even if states 
incorporate the federal requirements into their SWMPs, EPA's 
rule remains in place as an ``independent set of requirements'' 
and subjects industry to overlapping federal and state 
requirements.\6\ However, under the final rule, EPA will 
approve state SWMPs if they are identical or more stringent 
than the federal requirements.\7\ Thus, a utility could not be 
in full compliance with the State requirements and violate the 
federal requirements. Conflicting requirements are therefore 
not a concern.
---------------------------------------------------------------------------
    \6\Committee Report on H.R. 1734, at p.3.
    \7\EPA Final Rule, at p.21332.
---------------------------------------------------------------------------
    It is therefore our position that legislation to address 
coal ash disposal is not needed.

    B. H.R. 1734 WOULD UNDERMINE AND DELAY NECESSARY PUBLIC HEALTH 
                              PROTECTIONS

    In addition to being unnecessary, H.R. 1734 is dangerous 
and would undermine necessary public health protections.
    The majority report states that the requirements in the 
bill ``directly incorporate and effectively codify the 
protective standards'' in EPA's final rule.\8\ However, the 
bill selectively omits certain EPA's requirements, and grants 
states significant discretion to change others or enforce 
``alternative'' requirements. As such, H.R. 1734 effectively 
unravels EPA's efforts to establish cohesive, nationally 
applicable criteria that are sufficiently protective of human 
health and the environment.
---------------------------------------------------------------------------
    \8\Committee Report at p. 1
---------------------------------------------------------------------------
    The following are key examples of protective requirements 
in EPA's final rule that would be eliminated by the bill:
     Location Restrictions. The EPA rule prohibits or 
restricts coal ash disposal structures (1) less than five feet 
above the upper limit of the uppermost aquifer, (2) in 
wetlands, (3) in fault areas, (4) in seismic impact zones, and 
(5) unstable areas.\9\ The bill eliminates all of these 
location restrictions for existing impoundments except for one: 
unstable areas.\10\
---------------------------------------------------------------------------
    \9\EPA Final Rule, at p.21304.
    \10\H.R. 1734, Subsection (c)(2)(E).
---------------------------------------------------------------------------
     Liner Requirements for Existing Surface 
Impoundments. The EPA rule requires existing wet surface 
impoundments to be lined, and lays out design criteria for 
acceptable liners.\11\ The bill would eliminate this 
requirement, and allow unlined or insufficiently lined surface 
impoundments to continue to receive waste.\12\
---------------------------------------------------------------------------
    \11\EPA Final Rule, at pp.21474-21475.
    \12\H.R. 1734, Subsection (l)(5).
---------------------------------------------------------------------------
     Closure Requirements for Deficient Structures. For 
surface impoundments that fail to meet EPA's standards, the 
rule requires that they cease receiving waste within six months 
and close. This includes, for example, those that (1) are 
unlined and violate groundwater protection standards, (2) fail 
to meet location restrictions, or (3) fail to meet minimum 
structural stability requirements.\13\ The bill lacks such 
closure requirements for deficient structures, and would permit 
continued operations for years or even indefinitely.\14\
---------------------------------------------------------------------------
    \13\EPA Final Rule, at pp.21489-21496.
    \14\H.R. 1734, Subsection (c)(2)(C).
---------------------------------------------------------------------------
    The added discretion given to states further erodes the 
federal floor of requirements set by EPA. The following are 
just a few significant examples:
     Groundwater Protection Standards. The EPA Final 
Rule establishes minimum requirements for groundwater 
monitoring and groundwater protection in all states.\15\ The 
bill, in contrast, gives states discretion to choose lower 
groundwater protection standards and weaken monitoring 
requirements by altering monitoring parameters and choosing 
alternative points of compliance away from the disposal 
boundary.\16\
---------------------------------------------------------------------------
    \15\EPA Final Rule, at pp.21484-21487.
    \16\H.R. 1734, Subsection (c)(2)(B)(ii)(I) and (II).
---------------------------------------------------------------------------
     Cleanup Requirements. Where the Final Rule 
requires all releases and groundwater contamination to be 
addressed,\17\ the bill allows states to decide that 
groundwater contamination and other pollution need not be 
cleaned up.\18\ The only limits on this state discretion are 
borrowed from municipal solid waste regulation.\19\
---------------------------------------------------------------------------
    \17\EPA Final Rule, at 21487-21489.
    \18\H.R. 1734, Subsection (c)(2)(B)(ii)(III) and (IV).
    \19\Id.
---------------------------------------------------------------------------
     Scope of Requirements. Unlike the Final Rule, the 
bill gives states broad discretion to redefine major terms, 
including terms that set the scope of permit requirements. For 
example, states have discretion to define ``landfills'' to 
exclude waste piles, to define ``surface impoundments'' to 
exclude impoundments below a certain size, and ``aquifer'' to 
exclude aquifers not currently serving as drinking water 
sources.\20\ These varying definitions have the potential to 
exempt structures covered by minimum requirements in some 
states from coverage in others.
---------------------------------------------------------------------------
    \20\H.R. 1734, Subsection (m); EPA Final Rule, at 21469-21471.
---------------------------------------------------------------------------
     Transparency. The EPA rule requires that companies 
make a substantial amount of operations and compliance data, 
including specific monitoring data, publicly available on an 
internet site, without exception for information that a company 
may consider confidential.\21\ Although the majority states 
that the bill ``results in transparency equivalent to that of 
the requirement in the Final Rule'',\22\ H.R. 1734 removes many 
of the specific posting requirements, creates exceptions for 
information that is claimed to be confidential, and gives 
discretion to states and facilities to decide how and what 
information is shared publicly.\23\
---------------------------------------------------------------------------
    \21\EPA Final Rule, for a full discussion of the treatment of 
requirement to post information that may be considered confidential, 
see pp.21338-21339.
    \22\Committee Report on H.R. 1734, at p. 10.
    \23\H.R. 1734, Subsection (c)(1)(B) and (l)(5).
---------------------------------------------------------------------------
    The bill would also significantly delay compliance. The EPA 
rule requires coal ash disposal sites to quickly come into 
compliance with the rule's requirements, with many requirements 
effective six months after publication. That six month period 
began on April 17th with publication of the rule in the Federal 
Register.\24\ Although the majority states the intent was for 
``time frames for compliance . . . match as closely as 
possible,''\25\ all time frames will be counted from the date 
of enactment, which is uncertain but could likely occur after 
compliance deadlines for the final rule. Further, the bill 
allows for years of delay of many requirements while states set 
up and certify their programs and facilities apply for permits. 
Compliance with interim requirements would not be required for 
3-4 years, and full compliance would not be required until 
permits are issued--potentially 6-7 years after enactment.\26\
---------------------------------------------------------------------------
    \24\80 Fed. Reg. 21302 (Apr. 17, 2015). (available online at http:/
/www.gpo.gov/fdsys/pkg/FR-2015-04-17/pdf/2015-00257.pdf)
    \25\Committee Report on H.R. 1734, at p.15.
    \26\H.P 1734 at Subsection (c)(3).
---------------------------------------------------------------------------
    The bill also removes rulemaking authority from EPA such 
that any change in the technical criteria would have to be done 
statutorily.\27\
---------------------------------------------------------------------------
    \27\ Id., at p. 41.
---------------------------------------------------------------------------

C. H.R. 1734 COULD RESTRICT CITIZEN ACTIONS TO ENSURE SAFE DISPOSAL OF 
                                COAL ASH

    The majority claims that it ``does not intend to interfere 
with the ability of any person to bring a citizen suit under 
the Solid Waste Disposal Act.''\28\ However, the bill imposes 
all technical requirements on the state permit program's 
``implementing agency'', not the owners and operators of coal 
ash facilities.\29\ Because of this, suits to enforce the 
requirements of the legislation would only be available against 
those implementing agencies to bring them into compliance with 
the procedural requirements of establishing a program. In 
contrast, EPA's final rule imposes requirements directly on 
coal ash disposal facilities, meaning that citizen suits are 
available to bring those facilities into compliance with the 
protective requirements. This legislation may block RCRA 
citizen suits against owners and operators of facilities, 
leaving only suits against the state implementing agencies.
---------------------------------------------------------------------------
    \28\Committee Report on H.R. 1734, at p.22.
    \29\See H.R. 1734, Subsection (c)(2).
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     D. THE BILL WOULD UNDERMINE THE PROVEN MODEL OF ENVIRONMENTAL 
                               REGULATION

    Unlike programs delegated to states under other 
environmental statutes and state delegation under RCRA for both 
hazardous and municipal waste, H.R. 1734 would not hold state 
programs to a standard of protection. The Congressional 
Research Service released a report on the design of this permit 
program, which is the same as that in past coal ash bills in 
the 112th Congress and expanded in the 113th.\30\ Accordingly 
to the report, the permit program design lacks an enforceable 
standard of protection,\31\ substantive EPA review,\32\ and 
backstop enforcement authority at the federal level.\33\
---------------------------------------------------------------------------
    \30\Congressional Research Service, Analysis of Recent Proposals to 
Amend the Resources Conservation and Recovery Act to Create a Coal 
Combustion Residuals Permit Program, March 19, 2013, (online at http://
democrats.energycommerce.house.gov/sites/default/files/documents/CRS-
Analysis-Recent-Proposals-to-RCRA-2013-3-19.pdf).
    \31\Id., at pp.4, 8.
    \32\Id., at p. 33.
    \33\Id., at p. 9.
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                             E. Conclusion

    This bill is unnecessary and dangerous and should not be 
enacted. Improper disposal of coal ash presents serious 
environmental and health risks. The Environmental Protection 
Agency has taken strong action to address these risks. The new 
coal ash rule should be allowed to take effect, so that a 
national standard of protection can be achieved. For the 
reasons above, we dissent from the views expressed by the 
majority.
                                   Frank Pallone, Jr.,
                                           Ranking Member.
                                   Paul Tonko,
                                           Ranking Member, Subcommittee 
                                               on Environment and the 
                                               Economy.

                                  [all]