[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5788 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 5788
To amend the Solid Waste Disposal Act to provide for the management and
disposal of coal combustion residuals, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 14, 2016
Mr. McKinley introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Solid Waste Disposal Act to provide for the management and
disposal of coal combustion residuals, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving Coal Combustion Residuals
Regulation Act of 2016''.
SEC. 2. MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS.
(a) In General.--Subtitle D of the Solid Waste Disposal Act (42
U.S.C. 6941 et seq.) is amended by adding at the end the following:
``SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS.
``(a) State Permit Programs for Coal Combustion Residuals.--Each
State may adopt and implement a coal combustion residuals permit
program in accordance with this section.
``(b) State Actions.--
``(1) Notification.--Not later than 6 months after the date
of enactment of this section, the Governor of each State shall
notify the Administrator, in writing, whether such State will
adopt and implement a coal combustion residuals permit program.
``(2) Application for, and approval of, state coal
combustion residuals permit program.--
``(A) In general.--Not later than 24 months after
the date of enactment of this section, each State that
has notified the Administrator that it will adopt and
implement a coal combustion residuals permit program
under paragraph (1) shall submit to the Administrator
an application for such coal combustion residuals
permit program for review and approval by the
Administrator.
``(B) Contents of application.--An application
submitted under this paragraph shall include--
``(i) a letter identifying the lead State
implementing agency, signed by the head of such
agency;
``(ii) identification of any other State
agencies to be involved with the implementation
of the coal combustion residuals permit
program;
``(iii) an explanation of how the State
coal combustion residuals permit program will
meet the requirements of this section,
including--
``(I) a description of the
State's--
``(aa) process to inspect
or otherwise determine
compliance with such permit
program;
``(bb) process to enforce
the requirements of such permit
program, including any
enforcement of the requirements
of subsection (c)(3)(A);
``(cc) public participation
process for the promulgation,
amendment, or repeal of
regulations for, and the
issuance of permits under, such
permit program;
``(dd) process for judicial
review;
``(ee) proposed or existing
statutes, regulations, or
policies pertaining to public
access to information,
including information on
groundwater monitoring data,
structural stability
assessments, emergency action
plans, fugitive dust control
plans, notifications of closure
(including any certification of
closure by a qualified
professional engineer), and
corrective action remedies; and
``(ff) proposed
coordination plan under
subsection (c)(1)(C); and
``(II) if a State proposes to apply
a definition different from a
definition included in section 257.53
of title 40, Code of Federal
Regulations, for purposes of the State
coal combustion residuals permit
program, an explanation of such
application, including an explanation
of the reasonable basis for applying
such different definition, in
accordance with subsection (i)(4);
``(iv) a statement that the State has in
effect, at the time of application, statutes or
regulations necessary to implement a coal
combustion residuals permit program that meets
the requirements described in subsection (c);
``(v) copies of State statutes and
regulations described in clause (iv);
``(vi) copies of any proposed forms used to
administer the coal combustion residuals permit
program; and
``(vii) such other information as the
Administrator may require.
``(C) Approval.--
``(i) In general.--The Administrator may
approve an application for a State coal
combustion residuals permit program only if the
Administrator determines that such application
demonstrates that the coal combustion residuals
permit program meets the requirements described
in subsection (c).
``(ii) Evidence of adequacy.--In evaluating
an application for a State coal combustion
residuals permit program under this paragraph,
the Administrator shall consider a State's
approved permit program or other system of
prior approval and conditions under section
4005(c) or authorized program under section
3006 as evidence regarding the State's ability
to effectively implement a coal combustion
residuals program.
``(iii) Adoption by state.--A State may
adopt and implement a coal combustion residuals
permit program if, not later than 90 days after
receipt of a complete application under this
paragraph (including a revised application
under subparagraph (D))--
``(I) the Administrator publishes
in the Federal Register a notice of the
Administrator's decision to approve
such application; or
``(II) the Administrator does not
publish in the Federal Register a
notice of the Administrator's decision
to approve or deny such application, in
which case such application shall be
deemed approved.
``(D) Revised application.--If the Administrator
denies an initial application for a State coal
combustion residuals program under this paragraph--
``(i) the Administrator shall notify the
State of the reasons for such denial; and
``(ii) the State may, not later than 60
days after the date of such notification,
submit to the Administrator a revised
application for such coal combustion residuals
permit program for review and approval by the
Administrator.
``(c) Requirements for a Coal Combustion Residuals Permit
Program.--A coal combustion residuals permit program shall consist of
the following:
``(1) General requirements.--
``(A) Permits.--The implementing agency shall
require that owners or operators of structures apply
for and obtain permits incorporating the applicable
requirements of the coal combustion residuals permit
program.
``(B) Public availability of information.--The
implementing agency shall ensure that--
``(i) documents for permit determinations
are made publicly available for review and
comment under the public participation process
of the coal combustion residuals permit
program;
``(ii) final determinations on permit
applications are made publicly available; and
``(iii) information regarding the exercise
by the implementing agency of any discretionary
authority granted under this section and not
provided for in the rule described in
subsection (i)(1) is made publicly available.
``(C) Coordination plan.--The implementing agency
shall develop and maintain a plan for coordination
among States in the event of a release that crosses
State lines.
``(2) Criteria.--The implementing agency shall apply the
following criteria with respect to structures:
``(A) Design requirements.--For new structures,
including lateral expansions of existing structures,
the criteria regarding design requirements described in
sections 257.70 through 257.72 of title 40, Code of
Federal Regulations, as applicable.
``(B) Groundwater monitoring and corrective
action.--
``(i) In general.--Except as provided in
clause (ii), for all structures, the criteria
regarding groundwater monitoring and corrective
action requirements described in sections
257.90 through 257.98 of title 40, Code of
Federal Regulations, including--
``(I) for the purposes of detection
monitoring, the constituents described
in appendix III to part 257 of such
title; and
``(II) for the purposes of
assessment monitoring, establishing a
groundwater protection standard, and
assessment of corrective measures, the
constituents described in appendix IV
to part 257 of such title.
``(ii) Exceptions and additional
authority.--
``(I) Alternative point of
compliance.--Notwithstanding section
257.91(a)(2) of title 40, Code of
Federal Regulations, the implementing
agency may establish the relevant point
of compliance for the down-gradient
monitoring system as provided in
section 258.51(a)(2) of such title.
``(II) Alternative groundwater
protection standards.--Notwithstanding
section 257.95(h) of title 40, Code of
Federal Regulations, the implementing
agency may establish an alternative
groundwater protection standard as
provided in section 258.55(i) of such
title.
``(III) Ability to determine that
corrective action is not necessary or
technically feasible.--Notwithstanding
section 257.97 of title 40, Code of
Federal Regulations, the implementing
agency may determine that remediation
of a release to groundwater from a
structure is not necessary as provided
in section 258.57(e) of such title.
``(C) Closure.--For all structures, the criteria
for closure described in sections 257.101, 257.102, and
257.103 of title 40, Code of Federal Regulations,
except the criteria described in section 257.101(b)(1)
of such title shall not apply to existing structures
that comply with the criteria described in section
257.60 of such title by making a demonstration in
accordance with subparagraph (E) of this paragraph.
``(D) Post-closure.--For all structures, the
criteria for post-closure care described in section
257.104 of title 40, Code of Federal Regulations.
``(E) Location restrictions.--For all structures,
the criteria for location restrictions described in
sections 257.60 through 257.64 of title 40, Code of
Federal Regulations, except--
``(i) for existing structures that are
landfills, sections 257.60 through 257.63 shall
not apply; and
``(ii) the owner or operator of an existing
structure that is a surface impoundment may
comply with the criteria described in section
257.60 of such title by demonstrating that--
``(I) the design and construction
of the existing structure that is a
surface impoundment will prevent an
intermittent, recurring, or sustained
hydraulic connection between any
portion of the base of the structure
and the upper limit of the uppermost
aquifer; and
``(II) the existing structure that
is a surface impoundment is designed
and constructed to prevent the release
of the constituents listed in
appendices III and IV to part 257 of
such title at levels above the
groundwater protection standards
established under this section.
``(F) Air criteria.--For all structures, the
criteria for air quality described in section 257.80 of
title 40, Code of Federal Regulations.
``(G) Financial assurance.--For all structures, the
criteria for financial assurance described in subpart G
of part 258 of title 40, Code of Federal Regulations.
``(H) Recordkeeping.--For all structures, the
criteria for recordkeeping described in section 257.105
of title 40, Code of Federal Regulations.
``(I) Run-on and run-off controls.--For all
structures that are landfills, sand or gravel pits, or
quarries, the criteria for run-on and run-off control
described in section 257.81 of title 40, Code of
Federal Regulations.
``(J) Hydrologic and hydraulic capacity
requirements.--For all structures that are surface
impoundments, the criteria for inflow design flood
control systems described in section 257.82 of title
40, Code of Federal Regulations.
``(K) Structural integrity.--For structures that
are surface impoundments, the criteria for structural
integrity described in sections 257.73 and 257.74 of
title 40, Code of Federal Regulations.
``(L) Inspections.--For all structures, the
criteria described in sections 257.83 and 257.84 of
title 40, Code of Federal Regulations.
``(M) Public availability of information.--For all
structures, the criteria described in section 257.107
of title 40, Code of Federal Regulations.
``(N) Notification.--For all structures, the
criteria described in section 257.106 of title 40, Code
of Federal Regulations.
``(3) Permit program implementation for existing
structures.--
``(A) Compliance with certain requirements.--
``(i) Initial deadlines.--The State, in the
case of a State that has notified the
Administrator under subsection (b)(1) that it
will adopt and implement a coal combustion
residuals permit program, or the Administrator,
in the case of each other State, shall require
owners or operators of existing structures to
comply with--
``(I) as of October 19, 2015, the
requirements under paragraphs (2)(F),
(2)(H), and (2)(L);
``(II) not later than 6 months
after the date of enactment of this
section, the requirement under
paragraph (2)(G); and
``(III) not later than 12 months
after the date of enactment of this
section, the requirements under
paragraphs (2)(A), (2)(I), (2)(J),
(2)(K), and the requirement for a
written closure plan under the criteria
described in paragraph 2(C).
``(ii) Subsequent deadlines.--The
implementing agency shall require owners or
operators of existing structures to comply
with--
``(I) not later than 24 months
after the date of enactment of this
section, the requirements under
paragraph (2)(B); and
``(II) not later than 36 months
after the date of enactment of this
section, the requirements under
paragraph (2)(E).
``(B) Permits.--Not later than 72 months after the
date of enactment of this section, the implementing
agency shall issue, with respect to an existing
structure, a final permit incorporating the applicable
requirements of the coal combustion residuals permit
program, or a final denial of an application submitted
requesting such a permit.
``(C) Effect of compliance.--
``(i) Interim requirements.--Prior to the
date on which a final permit or final denial is
issued under subparagraph (B), compliance with
the requirements of subparagraph (A), as
determined by the State or Administrator, as
applicable, shall constitute compliance with
the requirements of this section and the rule
described in subsection (i)(1) for the purpose
of enforcement.
``(ii) Final permit.--Compliance with a
final permit issued by the implementing agency,
as determined by the implementing agency, shall
constitute compliance with this section and the
rule described in subsection (i)(1) for the
purpose of enforcement.
``(4) Requirements for inactive coal combustion residuals
surface impoundments.--
``(A) Notice.--Not later than 2 months after the
date of enactment of this section, each owner or
operator of an inactive coal combustion residuals
surface impoundment shall submit to the Administrator
and the State in which such inactive coal combustion
residuals surface impoundment is located a notice
stating whether such inactive coal combustion residuals
surface impoundment will--
``(i) not later than 3 years after the date
of enactment of this section, complete closure
in accordance with section 257.100 of title 40,
Code of Federal Regulations; or
``(ii) comply with the requirements of the
coal combustion residuals permit program
applicable to existing structures that are
surface impoundments (except as provided in
subparagraph (C)(ii)).
``(B) Financial assurance.--The implementing agency
shall require the owner or operator of an inactive
surface impoundment that has closed pursuant to this
paragraph to perform post-closure care in accordance
with the criteria described in section 257.104(b)(1) of
title 40, Code of Federal Regulations, and to provide
financial assurance for such post-closure care in
accordance with the criteria described in section
258.72 of such title.
``(C) Treatment as structure.--
``(i) In general.--An inactive coal
combustion residuals surface impoundment shall
be treated as an existing structure that is a
surface impoundment for the purposes of this
section, including with respect to the
requirements of paragraphs (1) and (2), if--
``(I) the owner or operator does
not submit a notice in accordance with
subparagraph (A); or
``(II) the owner or operator
submits a notice described in
subparagraph (A)(ii).
``(ii) Inactive coal combustion residuals
surface impoundments that fail to close.--An
inactive coal combustion residuals surface
impoundment for which the owner or operator
submits a notice described in subparagraph
(A)(i) that does not close by the deadline
provided under subparagraph (A)(i) shall be
treated as an existing structure for purposes
of this section beginning on the date that is
the day after such applicable deadline,
including by--
``(I) being required to comply with
the requirements of paragraph (1), as
applicable; and
``(II) being required to comply,
beginning on such date, with each
requirement of paragraph (2).
``(d) Implementation by Administrator.--
``(1) Federal backstop authority.--The Administrator shall
implement a coal combustion residuals permit program for a
State if--
``(A) the Governor of the State notifies the
Administrator under subsection (b)(1) that the State
will not adopt and implement a coal combustion
residuals permit program;
``(B) the State fails to submit a notification or
an application by the applicable deadline under
subsection (b);
``(C) the Administrator denies an application
submitted by a State under subsection (b)(2) and, if
applicable, any revised application submitted by the
State under subparagraph (E) of such subsection;
``(D) the State informs the Administrator, in
writing, that such State will no longer implement such
a permit program; or
``(E) the Administrator withdraws approval of a
State coal combustion residuals program after the
Administrator--
``(i) determines that the State is not
implementing a coal combustion residuals permit
program approved under this section in
accordance with the requirements of this
section;
``(ii) notifies the State of such
determination, including the reasons for such
determination and the particular deficiencies
that need to be remedied; and
``(iii) after allowing the State to take
actions to remedy such deficiencies within a
reasonable time, not to exceed 90 days, the
Administrator determines that the State has not
remedied such deficiencies.
``(2) Review.--A State may obtain a review of a
determination by the Administrator under paragraph (1)(E)(iii)
as if the determination were a final regulation for purposes of
section 7006.
``(3) Indian country.--The Administrator shall implement a
coal combustion residuals permit program in Indian country.
``(4) Requirements.--If the Administrator implements a coal
combustion residuals permit program under paragraph (1) or (3),
the permit program shall consist of the requirements described
in subsection (c).
``(5) Enforcement.--If the Administrator implements a coal
combustion residuals permit program for a State under paragraph
(1) or in Indian country under paragraph (3)--
``(A) the authorities referred to in section
4005(c)(2)(A) shall apply with respect to coal
combustion residuals, structures, and inactive coal
combustion residuals surface impoundments for which the
Administrator is implementing the coal combustion
residuals permit program; and
``(B) the Administrator may use those authorities
to inspect, gather information, and enforce the
requirements of this section in the State or Indian
country.
``(6) Public participation process.--If the Administrator
implements a coal combustion residuals permit program under
this subsection, the Administrator shall provide a 30-day
period for the public participation process required under
subsection (c)(1)(B)(i).
``(e) State Control After Implementation by Administrator.--
``(1) New adoption by state.--For a State for which the
Administrator is implementing a coal combustion residuals
permit program under subparagraphs (A) through (D) of
subsection (d), the State may adopt and implement such a permit
program through the application process described in subsection
(b)(2) (notwithstanding the deadline described in subparagraph
(A) of such subsection). An application submitted pursuant to
this paragraph shall include a timeline for transition to the
State coal combustion residuals permit program.
``(2) Resumption after remedying deficient permit
program.--
``(A) Process.--For a State for which the
Administrator is implementing a coal combustion
residuals permit program under subparagraph (E) of
subsection (d)(1), the State may adopt and implement
such a permit program if--
``(i) the State remedies only the
deficiencies included in the notice described
in such subparagraph; and
``(ii) by the date that is 90 days after
the date on which the State notifies the
Administrator that the deficiencies have been
remedied--
``(I) the Administrator publishes
in the Federal Register--
``(aa) a determination,
after providing a 30-day period
for notice and public comment,
that the deficiencies included
in such notice have been
remedied; and
``(bb) a timeline for
transition to the State coal
combustion residuals permit
program; or
``(II) the Administrator does not
publish in the Federal Register a
determination regarding whether the
deficiencies included in such notice
been remedied, in which case such
deficiencies shall be deemed remedied.
``(B) Review.--A State may obtain a review of a
determination by the Administrator under this paragraph
as if such determination were a final regulation for
purposes of section 7006.
``(f) Implementation During Transition.--
``(1) Effect on actions and orders.--Program requirements
of, and actions taken or orders issued pursuant to, a coal
combustion residuals permit program shall remain in effect if--
``(A) a State takes control of its coal combustion
residuals permit program from the Administrator under
subsection (e); or
``(B) the Administrator takes control of a coal
combustion residuals permit program from a State under
subsection (d).
``(2) Change in requirements.--Paragraph (1) shall apply to
such program requirements, actions, and orders until such time
as--
``(A) the implementing agency that took control of
the coal combustion residuals permit program changes
the requirements of the coal combustion residuals
permit program with respect to the basis for the action
or order; or
``(B) with respect to an ongoing corrective action,
the State or the Administrator, whichever took the
action or issued the order, certifies the completion of
the corrective action that is the subject of the action
or order.
``(3) Single permit program.--Except as otherwise provided
in this subsection--
``(A) if a State adopts and implements a coal
combustion residuals permit program under subsection
(e), the Administrator shall cease to implement the
coal combustion residuals permit program implemented
under subsection (d) for such State; and
``(B) if the Administrator implements a coal
combustion residuals permit program for a State under
subsection (d)(1), the State shall cease to implement
its coal combustion residuals permit program.
``(g) Authority.--
``(1) State authority.--Nothing in this section shall
preclude or deny any right of any State to adopt or enforce any
regulation or requirement respecting coal combustion residuals
that is more stringent or broader in scope than a regulation or
requirement under this section.
``(2) Authority of the administrator.--
``(A) In general.--Except as provided in
subsections (d) and (f) of this section and section
6005, the Administrator shall, with respect to the
regulation of coal combustion residuals under this Act,
defer to the States pursuant to this section.
``(B) Imminent hazard.--Nothing in this section
shall be construed as affecting the authority of the
Administrator under section 7003 with respect to coal
combustion residuals.
``(C) Enforcement assistance only upon request.--
Upon request from the head of a lead State implementing
agency, the Administrator may, including through the
use of the authorities referred to in section
4005(c)(2)(A), provide to such State agency only the
enforcement assistance requested.
``(D) Concurrent enforcement.--Except as provided
in subparagraph (C) of this paragraph and subsection
(f), the Administrator shall not have concurrent
enforcement authority when a State is implementing a
coal combustion residuals permit program, including
during any period of interim operation described in
subsection (c)(3)(C).
``(3) Citizen suits.--Nothing in this section shall be
construed to affect the authority of a person to commence a
civil action in accordance with section 7002.
``(h) Use of Coal Combustion Residuals.--
``(1) In general.--Except as provided in paragraph (2), use
of coal combustion residuals in any of the following ways, and
storage prior to such use, shall not be considered to be
receipt of coal combustion residuals for the purposes of this
section:
``(A) Use as--
``(i) engineered structural fill
constructed in accordance with--
``(I) ASTM E2277 entitled `Standard
Guide for Design and Construction of
Coal Ash Structural Fills', including
any amendment or revision to that
guidance;
``(II) any other published national
standard determined appropriate by the
implementing agency, including
standards issued by the American
Association of State and Highway
Transportation Officials and the
Federal Highway Administration; or
``(III) a State standard or program
relating to--
``(aa) fill operations for
coal combustion residuals; or
``(bb) the management of
coal combustion residuals for
beneficial use; or
``(ii) engineered structural fill for--
``(I) a building site or
foundation;
``(II) a base or embankment for a
bridge, roadway, runway, or railroad;
or
``(III) a dike, levee, berm, or dam
that is not part of a structure.
``(B) Beneficial use--
``(i) that provides a functional benefit;
``(ii) that is a substitute for the use of
a virgin material; and
``(iii) that meets relevant product
specifications and regulatory or design
standards, if any, including standards issued
by voluntary consensus standards bodies such as
ASTM International and the American Concrete
Institute.
``(2) Exception.--With respect to a use described in
paragraph (1) that involves placement on the land of coal
combustion residuals in non-roadway and non-highway
applications, the implementing agency may, on a case-by-case
basis, determine that long-term storage of coal combustion
residuals at the generating facility for such a use or
permanent unencapsulated use of very large volumes of coal
combustion residuals constitutes receipt of coal combustion
residuals for the purposes of this section if the storage or
use results in releases of hazardous constituents to
groundwater, surface water, soil, or air--
``(A) in greater amounts than those that would
occur from long-term storage or use of a material that
would be used instead of coal combustion residuals; or
``(B) that exceed relevant regulatory and health-
based benchmarks, as determined by the implementing
agency.
``(i) Effect of Rule.--
``(1) In general.--With respect to the final rule entitled
`Hazardous and Solid Waste Management System; Disposal of Coal
Combustion Residuals from Electric Utilities' and published in
the Federal Register on April 17, 2015 (80 Fed. Reg. 21302)--
``(A) such rule shall be implemented only through a
coal combustion residuals permit program under this
section; and
``(B) to the extent that any provision or
requirement of such rule conflicts, or is inconsistent,
with a provision or requirement of this section, the
provision or requirement of this section shall control.
``(2) Effective date.--For purposes of this section, any
reference in part 257 of title 40, Code of Federal Regulations,
to the effective date of such part shall be considered to be a
reference to the date of enactment of this section, except
that, in the case of any deadline established by such a
reference that is in conflict with a deadline established by
this section, the deadline established by this section shall
control.
``(3) Applicability of other regulations.--The application
of section 257.52 of title 40, Code of Federal Regulations, is
not affected by this section.
``(4) Definitions.--The definitions under section 257.53 of
title 40, Code of Federal Regulations, shall apply with respect
to any criteria described in subsection (c) the requirements of
which are incorporated into a coal combustion residuals permit
program under this section, except--
``(A) as provided in paragraph (1); and
``(B) a lead State implementing agency may apply
different definitions if--
``(i) the different definitions do not
conflict with the definitions in subsection
(j); and
``(ii) the lead State implementing agency--
``(I) identifies the different
definitions in the explanation included
with the application submitted under
subsection (b)(2); and
``(II) provides in such explanation
a reasonable basis for the application
of the different definitions.
``(j) Definitions.--In this section:
``(1) Coal combustion residuals.--The term `coal combustion
residuals' means the following wastes generated by electric
utilities and independent power producers:
``(A) The solid wastes listed in section
3001(b)(3)(A)(i) that are generated primarily from the
combustion of coal, including recoverable materials
from such wastes.
``(B) Coal combustion wastes that are co-managed
with wastes produced in conjunction with the combustion
of coal, provided that such wastes are not segregated
and disposed of separately from the coal combustion
wastes and comprise a relatively small proportion of
the total wastes being disposed in the structure.
``(C) Fluidized bed combustion wastes that are
generated primarily from the combustion of coal.
``(D) Wastes from the co-burning of coal with
nonhazardous secondary materials, provided that coal
makes up at least 50 percent of the total fuel burned.
``(E) Wastes from the co-burning of coal with
materials described in subparagraph (A) that are
recovered from monofills.
``(2) Coal combustion residuals permit program.--The term
`coal combustion residuals permit program' means all of the
authorities, activities, and procedures that comprise a system
of prior approval and conditions implemented under this section
to regulate the management and disposal of coal combustion
residuals.
``(3) Electric utility; independent power producer.--The
terms `electric utility' and `independent power producer'
include only electric utilities and independent power producers
that produce electricity on or after the date of enactment of
this section.
``(4) Existing structure.--The term `existing structure'
means a structure the construction of which commenced before
the date of enactment of this section.
``(5) Implementing agency.--The term `implementing agency'
means the agency responsible for implementing a coal combustion
residuals permit program, which shall either be the lead State
implementing agency identified under subsection (b)(2)(B)(i) or
the Administrator pursuant to subsection (d).
``(6) Inactive coal combustion residuals surface
impoundment.--The term `inactive coal combustion residuals
surface impoundment' means a surface impoundment, located at an
electric utility or independent power producer, that, as of the
date of enactment of this section--
``(A) does not receive coal combustion residuals;
``(B) contains coal combustion residuals; and
``(C) contains liquid.
``(7) Indian country.--The term `Indian country' has the
meaning given that term in section 1151 of title 18, United
States Code.
``(8) Structure.--
``(A) In general.--Except as provided in
subparagraph (B), the term `structure' means a
landfill, surface impoundment, sand or gravel pit, or
quarry that receives coal combustion residuals on or
after the date of enactment of this section.
``(B) Exceptions.--
``(i) Municipal solid waste landfills.--The
term `structure' does not include a municipal
solid waste landfill meeting the revised
criteria promulgated under section 4010(c).
``(ii) Coal mines.--The term `structure'
does not include the location of surface coal
mining and reclamation operations or surface
coal mining operations (as those terms are
defined in section 701 of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C.
1291)) or an active or abandoned underground
coal mine.
``(iii) De minimis receipt.--The term
`structure' does not include any landfill or
surface impoundment that receives only de
minimis quantities of coal combustion residuals
if the presence of coal combustion residuals is
incidental to the material managed in the
landfill or surface impoundment.
``(9) Unlined surface impoundment.--The term `unlined
surface impoundment' means a surface impoundment that does not
have a liner system described in section 257.71 of title 40,
Code of Federal Regulations.''.
(b) Conforming Amendment.--The table of contents contained in
section 1001 of the Solid Waste Disposal Act is amended by inserting
after the item relating to section 4010 the following:
``Sec. 4011. Management and disposal of coal combustion residuals.''.
SEC. 3. EFFECT ON REGULATORY DETERMINATIONS.
Nothing in this Act, or the amendments made by this Act, shall be
construed to alter in any manner the effect on coal combustion
residuals (as defined in section 4011 of the Solid Waste Disposal Act,
as added by this Act) of the Environmental Protection Agency's
regulatory determinations entitled--
(1) ``Notice of Regulatory Determination on Wastes From the
Combustion of Fossil Fuels'', published at 65 Fed. Reg. 32214
(May 22, 2000); and
(2) ``Final Regulatory Determination on Four Large-Volume
Wastes From the Combustion of Coal by Electric Utility Power
Plants'', published at 58 Fed. Reg. 42466 (August 9, 1993).
SEC. 4. TECHNICAL ASSISTANCE.
Nothing in this Act, or the amendments made by this Act, shall be
construed to affect the authority of a State to request, or the
Administrator of the Environmental Protection Agency to provide,
technical assistance under the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.).
SEC. 5. FEDERAL POWER ACT.
Nothing in this Act, or the amendments made by this Act, shall be
construed to affect the obligations of an owner or operator of a
structure (as such term is defined in section 4011 of the Solid Waste
Disposal Act, as added by this Act) under section 215(b)(1) of the
Federal Power Act (16 U.S.C. 824o(b)(1)).
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