Sec. 2301. APPROVAL OF STATE PROGRAMS FOR CONTROL OF COAL COMBUSTION RESIDUALS
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## SEC. 2301 APPROVAL OF STATE PROGRAMS FOR CONTROL OF COAL COMBUSTION RESIDUALS Section 4005 of the Solid Waste Disposal Act (42 U.S.C. 6945) is amended by adding at the end the following: > > ### “(d) State Programs for Control of Coal Combustion Residuals > > > #### “(1) Approval by administrator > > > ##### “(A) In general > > Each State may submit to the Administrator, in such form as the Administrator may establish, evidence of a permit program or other system of prior approval and conditions under State law for regulation by the State of coal combustion residuals units that are located in the State that, after approval by the Administrator, will operate in lieu of regulation of coal combustion residuals units in the State by— > > > ###### “(i) > > application of part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections 1008(a)(3) and 4004(a)); or > > > ###### “(ii) > > implementation by the Administrator of a permit program under paragraph (2)(B). > > > ##### “(B) Requirement > > Not later than 180 days after the date on which a State submits the evidence described in subparagraph (A), the Administrator, after public notice and an opportunity for public comment, shall approve, in whole or in part, a permit program or other system of prior approval and conditions submitted under subparagraph
(A)if the Administrator determines that the program or other system requires each coal combustion residuals unit located in the State to achieve compliance with— > > > ###### “(i) > > the applicable criteria for coal combustion residuals units under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections 1008(a)(3) and 4004(a)); or > > > ###### “(ii) > > such other State criteria that the Administrator, after consultation with the State, determines to be at least as protective as the criteria described in clause (i). > > > ##### “(C) Permit requirements > > The Administrator shall approve under subparagraph (B)(ii) a State permit program or other system of prior approval and conditions that allows a State to include technical standards for individual permits or conditions of approval that differ from the criteria under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections 1008(a)(3) and 4004(a)) if, based on site-specific conditions, the Administrator determines that the technical standards established pursuant to a State permit program or other system are at least as protective as the criteria under that part. > > > ##### “(D) Program review and notification > > > ###### “(i) Program review > > The Administrator shall review a State permit program or other system of prior approval and conditions that is approved under subparagraph (B)— > > > ###### “(I) > > from time to time, as the Administrator determines necessary, but not less frequently than once every 12 years; > > > ###### “(II) > > not later than 3 years after the date on which the Administrator revises the applicable criteria for coal combustion residuals units under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections 1008(a)(3) and 4004(a)); > > > ###### “(III) > > not later than 1 year after the date of a significant release (as defined by the Administrator), that was not authorized at the time the release occurred, from a coal combustion residuals unit located in the State; and > > > ###### “(IV) > > on request of any other State that asserts that the soil, groundwater, or surface water of the State is or is likely to be adversely affected by a release or potential release from a coal combustion residuals unit located in the State for which the program or other system was approved. > > > ###### “(ii) Notification and opportunity for a public hearing > > The Administrator shall provide to a State notice of deficiencies with respect to the permit program or other system of prior approval and conditions of the State that is approved under subparagraph (B), and an opportunity for a public hearing*,* if the Administrator determines that— > > > ###### “(I) > > a revision or correction to the permit program or other system of prior approval and conditions of the State is necessary to ensure that the permit program or other system of prior approval and conditions continues to ensure that each coal combustion residuals unit located in the State achieves compliance with the criteria described in clauses
(i)and
(ii)of subparagraph (B); > > > ###### “(II) > > the State has not implemented an adequate permit program or other system of prior approval and conditions that requires each coal combustion residuals unit located in the State to achieve compliance with the criteria described in subparagraph (B); or > > > ###### “(III) > > the State has, at any time, approved or failed to revoke a permit for a coal combustion residuals unit, a release from which adversely affects or is likely to adversely affect the soil, groundwater, or surface water of another State. > > > ##### “(E) Withdrawal > > > ###### “(i) In general > > The Administrator shall withdraw approval of a State permit program or other system of prior approval and conditions if, after the Administrator provides notice and an opportunity for a public hearing to the relevant State under subparagraph (D)(ii), the Administrator determines that the State has not corrected the deficiencies identified by the Administrator under subparagraph (D)(ii). > > > ###### “(ii) Reinstatement of state approval > > Any withdrawal of approval under clause
(i)shall cease to be effective on the date on which the Administrator makes a determination that the State has corrected the deficiencies identified by the Administrator under subparagraph (D)(ii). > > > #### “(2) Nonparticipating states > > > ##### “(A) Definition of nonparticipating state > > In this paragraph, the term ‘**nonparticipating State**’ means a State— > > > ###### “(i) > > for which the Administrator has not approved a State permit program or other system of prior approval and conditions under paragraph (1)(B); > > > ###### “(ii) > > the Governor of which has not submitted to the Administrator for approval evidence to operate a State permit program or other system of prior approval and conditions under paragraph (1)(A); > > > ###### “(iii) > > the Governor of which provides notice to the Administrator that, not fewer than 90 days after the date on which the Governor provides the notice to the Administrator, the State will relinquish an approval under paragraph (1)(B) to operate a permit program or other system of prior approval and conditions; or > > > ###### “(iv) > > for which the Administrator has withdrawn approval for a permit program or other system of prior approval and conditions under paragraph (1)(E). > > > ##### “(B) Implementation of permit program > > In the case of a nonparticipating State and subject to the availability of appropriations specifically provided in an appropriations Act to carry out a program in a nonparticipating State, the Administrator shall implement a permit program to require each coal combustion residuals unit located in the nonparticipating State to achieve compliance with applicable criteria established by the Administrator under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections 1008(a)(3) and 4004(a)). > > > #### “(3) Applicability of criteria > > The applicable criteria for coal combustion residuals units under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections 1008(a)(3) and 4004(a)), shall apply to each coal combustion residuals unit in a State unless— > > > ##### “(A) > > a permit under a State permit program or other system of prior approval and conditions approved by the Administrator under paragraph (1)(B) is in effect for the coal combustion residuals unit; or > > > ##### “(B) > > a permit issued by the Administrator in a State in which the Administrator is implementing a permit program under paragraph (2)(B) is in effect for the coal combustion residuals unit. > > > #### “(4) Prohibition on open dumping > > > ##### “(A) In general > > The Administrator may use the authority provided by sections 3007 and 3008 to enforce the prohibition on open dumping under subsection
(a)with respect to a coal combustion residuals unit— > > > ###### “(i) > > in a nonparticipating State (as defined in paragraph (2)); and > > > ###### “(ii) > > located in a State that is approved to operate a permit program or other system of prior approval and conditions under paragraph (1)(B), in accordance with subparagraph
(B)of this paragraph. > > > ##### “(B) Federal enforcement in an approved state > > > ###### “(i) In general > > In the case of a coal combustion residuals unit located in a State that is approved to operate a permit program or other system of prior approval and conditions under paragraph (1)(B), the Administrator may commence an administrative or judicial enforcement action under section 3008 if— > > > ###### “(I) > > the State requests that the Administrator provide assistance in the performance of an enforcement action; or > > > ###### “(II) > > after consideration of any other administrative or judicial enforcement action involving the coal combustion residuals unit, the Administrator determines that an enforcement action is likely to be necessary to ensure that the coal combustion residuals unit is operating in accordance with the criteria established under the permit program or other system of prior approval and conditions. > > > ###### “(ii) Notification > > In the case of an enforcement action by the Administrator under clause (i)(II), before issuing an order or commencing a civil action, the Administrator shall notify the State in which the coal combustion residuals unit is located. > > > ###### “(iii) Annual report to congress > > > ###### “(I) In general > > Subject to subclause (II), not later than December 31, 2017, and December 31 of each year thereafter, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes any enforcement action commenced under clause (i), including a description of the basis for the enforcement action. > > > ###### “(II) Applicability > > Subclause
(I)shall not apply for any calendar year during which the Administrator does not commence an enforcement action under clause (i). > > > #### “(5) Indian country > > The Administrator shall establish and carry out a permit program, in accordance with this subsection, for coal combustion residuals units in Indian country (as defined in section 1151 of title 18, United States Code) to require each coal combustion residuals unit located in Indian country to achieve compliance with the applicable criteria established by the Administrator under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections 1008(a)(3) and 4004(a)). > > > #### “(6) Treatment of coal combustion residuals units > > A coal combustion residuals unit shall be considered to be a sanitary landfill for purposes of this Act, including subsection (a), only if the coal combustion residuals unit is operating in accordance with— > > > ##### “(A) > > the requirements of a permit issued by— > > > ###### “(i) > > the State in accordance with a program or system approved under paragraph (1)(B); or > > > ###### “(ii) > > the Administrator pursuant to paragraph (2)(B) or paragraph (5); or > > > ##### “(B) > > the applicable criteria for coal combustion residuals units under part 257 of title 40, Code of Federal Regulations (or successor regulations promulgated pursuant to sections 1008(a)(3) and 4004(a)). > > > #### “(7) Effect of subsection > > Nothing in this subsection affects any authority, regulatory determination, other law, or legal obligation in effect on the day before the date of enactment of the Water and Waste Act of 2016.” > . # TITLE III NATURAL RESOURCES ## Subtitle A Indian Dam Safety
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Sec. 2301
APPROVAL OF STATE PROGRAMS FOR CONTROL OF COAL COMBUSTION RESIDUALS
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