U.S. Congress - Text of H.R.3409 as Referred in Senate Stop the War on Coal Act of 2012
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To limit the authority of the Secretary of the Interior to issue regulations before December 31, 2013, under the Surface Mining Control and Reclamation Act of 1977.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in House | 289 | n/a | n/a |
| Reported in House | 464 | 7 | 37% |
| Engrossed in House | 15,249 | 28 | 99% |
| Referred in Senate | 15,574 | 5 Show Changes Hide Changes | 0% |
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HR 3409 EHRFSCommentsClose CommentsPermalink
112th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
H. R. 3409CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
November 13, 2012CommentsClose CommentsPermalink
November 13, 2012CommentsClose CommentsPermalink
Received; read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink
AN ACTCommentsClose CommentsPermalink
To limit the authority of the Secretary of the Interior to issue regulations before December 31, 2013, under the Surface Mining Control and Reclamation Act of 1977.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the ‘Stop the War on Coal Act of 2012’.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; Table of contents.CommentsClose CommentsPermalink
TITLE I--LIMITATION ON AUTHORITY TO ISSUE REGULATIONS UNDER THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977
Sec. 101. Limitation on authority to issue regulations under the Surface Mining Control and Reclamation Act of 1977.CommentsClose CommentsPermalink
Sec. 102. Publication of scientific studies for proposed rules.CommentsClose CommentsPermalink
TITLE II--NO GREENHOUSE GAS REGULATION UNDER THE CLEAN AIR ACT
Sec. 201. No regulation of emissions of greenhouse gases.CommentsClose CommentsPermalink
Sec. 202. Preserving one national standard for automobiles.CommentsClose CommentsPermalink
TITLE III--TRANSPARENCY IN REGULATORY ANALYSIS OF IMPACTS ON NATION
Sec. 301. Committee for the Cumulative Analysis of Regulations that Impact Energy and Manufacturing in the United States.CommentsClose CommentsPermalink
Sec. 302. Analyses.CommentsClose CommentsPermalink
Sec. 303. Reports; public comment.CommentsClose CommentsPermalink
Sec. 304. Additional provisions relating to certain rules.CommentsClose CommentsPermalink
Sec. 305. Consideration of feasibility and cost in establishing national ambient air quality standards.CommentsClose CommentsPermalink
TITLE IV--MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS
Sec. 401. Management and disposal of coal combustion residuals.CommentsClose CommentsPermalink
Sec. 402. 2000 Regulatory determination.CommentsClose CommentsPermalink
Sec. 403. Technical assistance.CommentsClose CommentsPermalink
Sec. 404. Federal Power Act.CommentsClose CommentsPermalink
TITLE V--PRESERVING STATE AUTHORITY TO MAKE DETERMINATIONS RELATING TO WATER QUALITY STANDARDS
Sec. 501. State water quality standards.CommentsClose CommentsPermalink
Sec. 502. Permits for dredged or fill material.CommentsClose CommentsPermalink
Sec. 503. Deadlines for agency comments.CommentsClose CommentsPermalink
Sec. 504. Applicability of amendments.CommentsClose CommentsPermalink
Sec. 505. Reporting on harmful pollutants.CommentsClose CommentsPermalink
Sec. 506. Pipelines crossing streambeds.CommentsClose CommentsPermalink
Sec. 507. Impacts of EPA regulatory activity on employment and economic activity.CommentsClose CommentsPermalink
TITLE VI--REGIONAL HAZE REGULATORY RELIEF
Sec. 601. Implementation plans.CommentsClose CommentsPermalink
Sec. 602. Visibility protection for Federal Class I areas.CommentsClose CommentsPermalink
TITLE VII--NO REGIONAL HAZE REGULATION ON THE COAL-POWERED NAVAJO GENERATING STATION
Sec. 701. Limitation on authority to issue regulations.CommentsClose CommentsPermalink
TITLE I--LIMITATION ON AUTHORITY TO ISSUE REGULATIONS UNDER THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977CommentsClose CommentsPermalink
TITLE I--LIMITATION ON AUTHORITY TO ISSUE REGULATIONS UNDER THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977CommentsClose CommentsPermalink
SEC. 101. LIMITATION ON AUTHORITY TO ISSUE REGULATIONS UNDER THE SURFACE MINING CONTROL AND RECLAMATION ACT OF 1977.
The Secretary of the Interior may not, before December 31, 2013, issue or approve any proposed or final regulation under the Surface Mining Control and Reclamation Act of 1977 (
(1) adversely impact employment in coal mines in the United States;CommentsClose CommentsPermalink
(2) cause a reduction in revenue received by the Federal Government or any State, tribal, or local government, by reducing through regulation the amount of coal in the United States that is available for mining;CommentsClose CommentsPermalink
(3) reduce the amount of coal available for domestic consumption or for export;CommentsClose CommentsPermalink
(4) designate any area as unsuitable for surface coal mining and reclamation operations; orCommentsClose CommentsPermalink
(5) expose the United States to liability for taking the value of privately owned coal through regulation.CommentsClose CommentsPermalink
SEC. 102. PUBLICATION OF SCIENTIFIC STUDIES FOR PROPOSED RULES.
(a) Requirement- Title VI of the Surface Mining Control and Reclamation Act of 1977 (
‘PUBLICATION OF SCIENTIFIC STUDIES FOR PROPOSED RULES
‘Sec. 722. (a) Requirement- The Secretary, or any other Federal official proposing a rule under this Act, shall publish with each rule proposed under this Act each scientific study the Secretary or other official, respectively, relied on in developing the rule.CommentsClose CommentsPermalink
‘(b) Scientific Study Defined- In this section the term ‘scientific study’ means a study that--CommentsClose CommentsPermalink
‘(1) applies rigorous, systematic, and objective methodology to obtain reliable and valid knowledge relevant to the subject matter involved;CommentsClose CommentsPermalink
‘(2) presents findings and makes claims that are appropriate to, and supported by, the methods that have been employed; andCommentsClose CommentsPermalink
‘(3) includes, appropriate to the rule being proposed--CommentsClose CommentsPermalink
‘(A) use of systematic, empirical methods that draw on observation or experiment;CommentsClose CommentsPermalink
‘(B) use of data analyses that are adequate to support the general findings;CommentsClose CommentsPermalink
‘(C) reliance on measurements or observational methods that provide reliable and generalizable findings;CommentsClose CommentsPermalink
‘(D) strong claims of causal relationships, only with research designs that eliminate plausible competing explanations for observed results, such as, but not limited to, random-assignment experiments;CommentsClose CommentsPermalink
‘(E) presentation of studies and methods in sufficient detail and clarity to allow for replication or, at a minimum, to offer the opportunity to build systematically on the findings of the research;CommentsClose CommentsPermalink
‘(F) acceptance by a peer-reviewed journal or critique by a panel of independent experts through a comparably rigorous, objective, and scientific review; andCommentsClose CommentsPermalink
‘(G) consistency of findings across multiple studies or sites to support the generality of results and conclusions.’.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of contents at the end of the first section of such Act is amended by adding at the end of the items relating to such title the following:CommentsClose CommentsPermalink
‘Sec. 722. Publication of scientific studies for proposed rules.’.CommentsClose CommentsPermalink
TITLE II--NO GREENHOUSE GAS REGULATION UNDER THE CLEAN AIR ACTCommentsClose CommentsPermalink
TITLE II--NO GREENHOUSE GAS REGULATION UNDER THE CLEAN AIR ACTCommentsClose CommentsPermalink
SEC. 201. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.
Title III of the Clean Air Act (
‘SEC. 330. NO REGULATION OF EMISSIONS OF GREENHOUSE GASES.
‘(a) Definition- In this section, the term ‘greenhouse gas’ means any of the following:CommentsClose CommentsPermalink
‘(1) Water vapor.CommentsClose CommentsPermalink
‘(2) Carbon dioxide.CommentsClose CommentsPermalink
‘(3) Methane.CommentsClose CommentsPermalink
‘(4) Nitrous oxide.CommentsClose CommentsPermalink
‘(5) Sulfur hexafluoride.CommentsClose CommentsPermalink
‘(6) Hydrofluorocarbons.CommentsClose CommentsPermalink
‘(7) Perfluorocarbons.CommentsClose CommentsPermalink
‘(8) Any other substance subject to, or proposed to be subject to, regulation, action, or consideration under this Act to address climate change.CommentsClose CommentsPermalink
‘(b) Limitation on Agency Action-CommentsClose CommentsPermalink
‘(1) LIMITATION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Administrator may not, under this Act, promulgate any regulation concerning, take action relating to, or take into consideration the emission of a greenhouse gas to address climate change.CommentsClose CommentsPermalink
‘(B) AIR POLLUTANT DEFINITION- The definition of the term ‘air pollutant’ in section 302(g) does not include a greenhouse gas. Notwithstanding the previous sentence, such definition may include a greenhouse gas for purposes of addressing concerns other than climate change.CommentsClose CommentsPermalink
‘(2) EXCEPTIONS- Paragraph (1) does not prohibit the following:CommentsClose CommentsPermalink
‘(A) Notwithstanding paragraph (4)(B), implementation and enforcement of the rule entitled ‘Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards’ (as published at 75 Fed. Reg. 25324 (May 7, 2010) and without further revision) and implementation and enforcement of the rule entitled ‘Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles’ (as published at 76 Fed. Reg. 57106 (September 15, 2011) and without further revision).CommentsClose CommentsPermalink
‘(B) Implementation and enforcement of section 211(o).CommentsClose CommentsPermalink
‘(C) Statutorily authorized Federal research, development, demonstration programs and voluntary programs addressing climate change.CommentsClose CommentsPermalink
‘(D) Implementation and enforcement of title VI to the extent such implementation or enforcement only involves one or more class I substances or class II substances (as such terms are defined in section 601).CommentsClose CommentsPermalink
‘(E) Implementation and enforcement of section 821 (
note) of 42 U.S.C. 7651k (commonly referred to as the ‘Clean Air Act Amendments of 1990’).CommentsClose CommentsPermalink Public Law 101-549 ‘(3) INAPPLICABILITY OF PROVISIONS- Nothing listed in paragraph (2) shall cause a greenhouse gas to be subject to part C of title I (relating to prevention of significant deterioration of air quality) or considered an air pollutant for purposes of title V (relating to permits).CommentsClose CommentsPermalink
‘(4) CERTAIN PRIOR AGENCY ACTIONS- The following rules and actions (including any supplement or revision to such rules and actions) are repealed and shall have no legal effect:CommentsClose CommentsPermalink
‘(A) ‘Mandatory Reporting of Greenhouse Gases’, published at 74 Fed. Reg. 56260 (October 30, 2009).CommentsClose CommentsPermalink
‘(B) ‘Endangerment and Cause or Contribute Findings for Greenhouse Gases Under Section 202(a) of the Clean Air Act’, published at 74 Fed. Reg. 66496 (December 15, 2009).CommentsClose CommentsPermalink
‘(C) ‘Reconsideration of Interpretation of Regulations That Determine Pollutants Covered by Clean Air Act Permitting Programs’, published at 75 Fed. Reg. 17004 (April 2, 2010) and the memorandum from Stephen L. Johnson, Environmental Protection Agency (EPA) Administrator, to EPA Regional Administrators, concerning ‘EPA’s Interpretation of Regulations that Determine Pollutants Covered by Federal Prevention of Significant Deterioration (PSD) Permit Program’ (December 18, 2008).CommentsClose CommentsPermalink
‘(D) ‘Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule’, published at 75 Fed. Reg. 31514 (June 3, 2010).CommentsClose CommentsPermalink
‘(E) ‘Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Substantial Inadequacy and SIP Call’, published at 75 Fed. Reg. 77698 (December 13, 2010).CommentsClose CommentsPermalink
‘(F) ‘Action To Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Finding of Failure To Submit State Implementation Plan Revisions Required for Greenhouse Gases’, published at 75 Fed. Reg. 81874 (December 29, 2010).CommentsClose CommentsPermalink
‘(G) ‘Action to Ensure Authority To Issue Permits Under the Prevention of Significant Deterioration Program to Sources of Greenhouse Gas Emissions: Federal Implementation Plan’, published at 75 Fed. Reg. 82246 (December 30, 2010).CommentsClose CommentsPermalink
‘(H) ‘Action to Ensure Authority to Implement Title V Permitting Programs Under the Greenhouse Gas Tailoring Rule’, published at 75 Fed. Reg. 82254 (December 30, 2010).CommentsClose CommentsPermalink
‘(I) ‘Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program’, published at 75 Fed. Reg. 82430 (December 30, 2010).CommentsClose CommentsPermalink
‘(J) ‘Limitation of Approval of Prevention of Significant Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources in State Implementation Plans’, published at 75 Fed. Reg. 82536 (December 30, 2010).CommentsClose CommentsPermalink
‘(K) ‘Determinations Concerning Need for Error Correction, Partial Approval and Partial Disapproval, and Federal Implementation Plan Regarding Texas Prevention of Significant Deterioration Program; Proposed Rule’, published at 75 Fed. Reg. 82365 (December 30, 2010).CommentsClose CommentsPermalink
‘(L) Except for actions listed in paragraph (2), any other Federal action under this Act occurring before the date of enactment of this section that constitutes a stationary source permitting requirement or an emissions standard for a greenhouse gas to address climate change.CommentsClose CommentsPermalink
‘(5) STATE ACTION-CommentsClose CommentsPermalink
‘(A) NO LIMITATION- This section does not limit or otherwise affect the authority of a State to adopt, amend, enforce, or repeal State laws and regulations pertaining to the emission of a greenhouse gas.CommentsClose CommentsPermalink
‘(B) EXCEPTION-CommentsClose CommentsPermalink
‘(i) RULE- Notwithstanding subparagraph (A), any provision described in clause (ii)--CommentsClose CommentsPermalink
‘(I) is not federally enforceable;CommentsClose CommentsPermalink
‘(II) is not deemed to be a part of Federal law; andCommentsClose CommentsPermalink
‘(III) is deemed to be stricken from the plan described in clause (ii)(I) or the program or permit described in clause (ii)(II), as applicable.CommentsClose CommentsPermalink
‘(ii) PROVISION DEFINED- For purposes of clause (i), the term ‘provision’ means any provision that--CommentsClose CommentsPermalink
‘(I) is contained in a State implementation plan under section 110 and authorizes or requires a limitation on, or imposes a permit requirement for, the emission of a greenhouse gas to address climate change; orCommentsClose CommentsPermalink
‘(II) is part of an operating permit program under title V, or a permit issued pursuant to title V, and authorizes or requires a limitation on the emission of a greenhouse gas to address climate change.CommentsClose CommentsPermalink
‘(C) ACTION BY ADMINISTRATOR- The Administrator may not approve or make federally enforceable any provision described in subparagraph (B)(ii).’.CommentsClose CommentsPermalink
SEC. 202. PRESERVING ONE NATIONAL STANDARD FOR AUTOMOBILES.
(a) Finding- Congress finds that the emissions of greenhouse gases from a motor vehicle tailpipe are related to fuel economy.CommentsClose CommentsPermalink
(b) Report Required- Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation shall submit a report to the Congress that, notwithstanding section 201, assumes the implementation and enforcement of the final rule entitled ‘2017 and Later Model Year Light-Duty Vehicle Greenhouse Gas Emissions and Corporate Average Fuel Economy Standards’ (issued on August 28, 2012) and estimates--CommentsClose CommentsPermalink
(1) the total number of jobs that will be lost due to decreased demand by year caused by the rule;CommentsClose CommentsPermalink
(2) the number of additional fatalities and injuries that will be caused by the rule; andCommentsClose CommentsPermalink
(3) the additional cost to the economy of the redundant regulation of fuel economy and greenhouse gas emissions by the Environmental Protection Agency and State agencies for model years 2011 through 2025.CommentsClose CommentsPermalink
(c) Consultation- Other than to gather basic factual information, the Secretary of Transportation shall not consult with the Administrator of the Environmental Protection Agency or any official from the California Air Resources Board in fulfilling the requirement described in subsection (b).CommentsClose CommentsPermalink
(d) Amendment to the Clean Air Act- Section 209(b) of the Clean Air Act (
‘(4) With respect to standards for emissions of greenhouse gases (as defined in section 330) for model year 2017 or any subsequent model year new motor vehicles and new motor vehicle engines--CommentsClose CommentsPermalink
‘(A) the Administrator may not waive application of subsection (a); andCommentsClose CommentsPermalink
‘(B) no waiver granted prior to the date of enactment of this paragraph may be construed to waive the application of subsection (a).’.CommentsClose CommentsPermalink
TITLE III--TRANSPARENCY IN REGULATORY ANALYSIS OF IMPACTS ON NATIONCommentsClose CommentsPermalink
TITLE III--TRANSPARENCY IN REGULATORY ANALYSIS OF IMPACTS ON NATIONCommentsClose CommentsPermalink
SEC. 301. COMMITTEE FOR THE CUMULATIVE ANALYSIS OF REGULATIONS THAT IMPACT ENERGY AND MANUFACTURING IN THE UNITED STATES.
(a) Establishment- The President shall establish a committee to be known as the Committee for the Cumulative Analysis of Regulations that Impact Energy and Manufacturing in the United States (in this Act referred to as the ‘Committee’) to analyze and report on the cumulative and incremental impacts of certain rules and actions of the Environmental Protection Agency, in accordance with sections 302 and 303.CommentsClose CommentsPermalink
(b) Members- The Committee shall be composed of the following officials (or their designees):CommentsClose CommentsPermalink
(1) The Secretary of Agriculture, acting through the Chief Economist.CommentsClose CommentsPermalink
(2) The Secretary of Commerce, acting through the Chief Economist and the Under Secretary for International Trade.CommentsClose CommentsPermalink
(3) The Secretary of Labor, acting through the Commissioner of the Bureau of Labor Statistics.CommentsClose CommentsPermalink
(4) The Secretary of Energy, acting through the Administrator of the Energy Information Administration.CommentsClose CommentsPermalink
(5) The Secretary of the Treasury, acting through the Deputy Assistant Secretary for Environment and Energy of the Department of the Treasury.CommentsClose CommentsPermalink
(6) The Administrator of the Environmental Protection Agency.CommentsClose CommentsPermalink
(7) The Chairman of the Council of Economic Advisors.CommentsClose CommentsPermalink
(8) The Chairman of the Federal Energy Regulatory Commission.CommentsClose CommentsPermalink
(9) The Administrator of the Office of Information and Regulatory Affairs.CommentsClose CommentsPermalink
(10) The Chief Counsel for Advocacy of the Small Business Administration.CommentsClose CommentsPermalink
(11) The Chairman of the United States International Trade Commission, acting through the Office of Economics.CommentsClose CommentsPermalink
(c) Chair- The Secretary of Commerce shall serve as Chair of the Committee. In carrying out the functions of the Chair, the Secretary of Commerce shall consult with the members serving on the Committee pursuant to paragraphs (5) and (11) of subsection (b).CommentsClose CommentsPermalink
(d) Consultation- In conducting analyses under section 302 and preparing reports under section 303, the Committee shall consult with, and consider pertinent reports issued by, the Electric Reliability Organization certified under section 215(c) of the Federal Power Act (
(e) Termination- The Committee shall terminate 60 days after submitting its final report pursuant to section 303(c).CommentsClose CommentsPermalink
SEC. 302. ANALYSES.
(a) Scope- The Committee shall conduct analyses, for each of the calendar years 2016, 2020, and 2030, of the following:CommentsClose CommentsPermalink
(1) The cumulative impact of covered rules that are promulgated as final regulations on or before January 1, 2013, in combination with covered actions.CommentsClose CommentsPermalink
(2) The cumulative impact of all covered rules (including covered rules that have not been promulgated as final regulations on or before January 1, 2013), in combination with covered actions.CommentsClose CommentsPermalink
(3) The incremental impact of each covered rule not promulgated as a final regulation on or before January 1, 2013, relative to an analytic baseline representing the results of the analysis conducted under paragraph (1).CommentsClose CommentsPermalink
(b) Contents- The Committee shall include in each analysis conducted under this section the following:CommentsClose CommentsPermalink
(1) Estimates of the impacts of the covered rules and covered actions with regard to--CommentsClose CommentsPermalink
(A) the global economic competitiveness of the United States, particularly with respect to energy intensive and trade sensitive industries;CommentsClose CommentsPermalink
(B) other cumulative costs and cumulative benefits, including evaluation through a general equilibrium model approach;CommentsClose CommentsPermalink
(C) any resulting change in national, State, and regional electricity prices;CommentsClose CommentsPermalink
(D) any resulting change in national, State, and regional fuel prices;CommentsClose CommentsPermalink
(E) the impact on national, State, and regional employment during the 5-year period beginning on the date of enactment of this Act, and also in the long term, including secondary impacts associated with increased energy prices and facility closures; andCommentsClose CommentsPermalink
(F) the reliability and adequacy of bulk power supply in the United States.CommentsClose CommentsPermalink
(2) Discussion of key uncertainties and assumptions associated with each estimate.CommentsClose CommentsPermalink
(3) A sensitivity analysis.CommentsClose CommentsPermalink
(4) Discussion, and where feasible an assessment, of the cumulative impact of the covered rules and covered actions on--CommentsClose CommentsPermalink
(A) consumers;CommentsClose CommentsPermalink
(B) small businesses;CommentsClose CommentsPermalink
(C) regional economies;CommentsClose CommentsPermalink
(D) State, local, and tribal governments;CommentsClose CommentsPermalink
(E) low-income communities;CommentsClose CommentsPermalink
(F) public health, including health effects associated with regulatory costs;CommentsClose CommentsPermalink
(G) local and industry-specific labor markets; andCommentsClose CommentsPermalink
(H) agriculture,CommentsClose CommentsPermalink
as well as key uncertainties associated with each topic.CommentsClose CommentsPermalink
(c) Methods- In conducting analyses under this section, the Committee shall use the best available methods, consistent with guidance from the Office of Information and Regulatory Affairs and the Office of Management and Budget Circular A-4.CommentsClose CommentsPermalink
(d) Data- In conducting analyses under this section, the Committee--CommentsClose CommentsPermalink
(1) shall use the best data that are available to the public or supplied to the Committee by its members, including the most recent such data appropriate for this analysis representing air quality, facility emissions, and installed controls; andCommentsClose CommentsPermalink
(2) is not required to create data or to use data that are not readily accessible.CommentsClose CommentsPermalink
(e) Covered Rules- In this section, the term ‘covered rule’ means the following:CommentsClose CommentsPermalink
(1) The following published rules (including any successor or substantially similar rule):CommentsClose CommentsPermalink
(A) The Clean Air Interstate Rule (as defined in section 304(a)(4)).CommentsClose CommentsPermalink
(B) ‘National Ambient Air Quality Standards for Ozone’, published at 73 Fed. Reg. 16436 (March 27, 2008).CommentsClose CommentsPermalink
(C) ‘National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters’, published at 76 Fed. Reg. 15608 (March 21, 2011).CommentsClose CommentsPermalink
(D) ‘National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers’, published at 76 Fed. Reg. 15554 (March 21, 2011).CommentsClose CommentsPermalink
(E) ‘National Emission Standards for Hazardous Air Pollutants from Coal- and Oil-fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial-Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units’, published at 77 Fed. Reg. 9304 (February 16, 2012).CommentsClose CommentsPermalink
(F) ‘Hazardous and Solid Waste Management System; Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals From Electric Utilities’, published at 75 Fed. Reg. 35127 (June 21, 2010).CommentsClose CommentsPermalink
(G) ‘Primary National Ambient Air Quality Standard for Sulfur Dioxide’, published at 75 Fed. Reg. 35520 (June 22, 2010).CommentsClose CommentsPermalink
(H) ‘Primary National Ambient Air Quality Standards for Nitrogen Dioxide’, published at 75 Fed. Reg. 6474 (February 9, 2010).CommentsClose CommentsPermalink
(I) ‘National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants’, published at 75 Fed. Reg. 54970 (September 9, 2010).CommentsClose CommentsPermalink
(2) The following additional rules or guidelines promulgated on or after January 1, 2009:CommentsClose CommentsPermalink
(A) Any rule or guideline promulgated under section 111(b) or 111(d) of the Clean Air Act (
(B) Any rule or guideline promulgated by the Administrator of the Environmental Protection Agency, a State, a local government, or a permitting agency under or as the result of section 169A or 169B of the Clean Air Act (
(C) Any rule establishing or modifying a national ambient air quality standard under section 109 of the Clean Air Act (
(D) Any rule addressing fuels under title II of the Clean Air Act (
(f) Covered Actions- In this section, the term ‘covered action’ means any action on or after January 1, 2009, by the Administrator of the Environmental Protection Agency, a State, a local government, or a permitting agency as a result of the application of part C of title I (relating to prevention of significant deterioration of air quality) or title V (relating to permitting) of the Clean Air Act (
SEC. 303. REPORTS; PUBLIC COMMENT.
(a) Preliminary Report- Not later than March 31, 2013, the Committee shall make public and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Environment and Public Works of the Senate a preliminary report containing the results of the analyses conducted under section 302.CommentsClose CommentsPermalink
(b) Public Comment Period- The Committee shall accept public comments regarding the preliminary report submitted under subsection (a) for a period of 120 days after such submission.CommentsClose CommentsPermalink
(c) Final Report- Not later than September 30, 2013, the Committee shall submit to Congress a final report containing the analyses conducted under section 302, including any revisions to such analyses made as a result of public comments, and a response to such comments.CommentsClose CommentsPermalink
SEC. 304. ADDITIONAL PROVISIONS RELATING TO CERTAIN RULES.
(a) Cross-State Air Pollution Rule/Transport Rule-CommentsClose CommentsPermalink
(1) EARLIER RULES- The rule entitled ‘Federal Implementation Plans: Interstate Transport of Fine Particulate Matter and Ozone and Correction of SIP Approvals’, published at 76 Fed. Reg. 48208 (August 8, 2011), and any successor or substantially similar rule, shall be of no force or effect, and shall be treated as though such rule had never taken effect.CommentsClose CommentsPermalink
(2) CONTINUED APPLICABILITY OF CLEAN AIR INTERSTATE RULE- In place of any rule described in paragraph (1), the Administrator of the Environmental Protection Agency (in this section referred to as the ‘Administrator’) shall continue to implement the Clean Air Interstate Rule.CommentsClose CommentsPermalink
(3) ADDITIONAL RULEMAKINGS-CommentsClose CommentsPermalink
(A) ISSUANCE OF NEW RULES- The Administrator--CommentsClose CommentsPermalink
(i) shall not issue any proposed or final rule under section 110(a)(2)(D)(i)(I) or section 126 of the Clean Air Act (
(ii) in issuing any rule described in clause (i), shall base the rule on actual monitored (and not modeled) data and shall, notwithstanding section 110(a)(2)(D)(i)(I), allow the trading of emissions allowances among entities covered by the rule irrespective of the States in which such entities are located;CommentsClose CommentsPermalink
(iii) shall not issue any proposed or final rule under section 109 of the Clean Air Act (
(iv) shall not issue any proposed or final rule under section 109 of the Clean Air Act (
(B) IMPLEMENTATION SCHEDULE- In promulgating any final rule described in subparagraph (A)(i), the Administrator shall establish a date for State implementation of the standards established by such final rule that is not earlier than 3 years after the date of publication of such final rule.CommentsClose CommentsPermalink
(4) DEFINITION OF CLEAN AIR INTERSTATE RULE- For purposes of this section, the term ‘Clean Air Interstate Rule’ means the Clean Air Interstate Rule and the rule establishing Federal Implementation Plans for the Clean Air Interstate Rule as promulgated and modified by the Administrator (70 Fed. Reg. 25162 (May 12, 2005), 71 Fed. Reg. 25288 (April 28, 2006), 72 Fed. Reg. 55657 (October 1, 2007), 72 Fed. Reg. 59190 (October 19, 2007), 72 Fed. Reg. 62338 (November 2, 2007), 74 Fed. Reg. 56721 (November 3, 2009)).CommentsClose CommentsPermalink
(b) Steam Generating Unit Rules-CommentsClose CommentsPermalink
(1) EARLIER RULES- The proposed rule entitled ‘National Emission Standards for Hazardous Air Pollutants From Coal- and Oil-Fired Electric Utility Steam Generating Units and Standards of Performance for Fossil-Fuel-Fired Electric Utility, Industrial-Commercial- Institutional, and Small Industrial-Commercial-Institutional Steam Generating Units’ published at 76 Fed. Reg. 24976 (May 3, 2011), and any final rule that is based on such proposed rule and is issued prior to the date of the enactment of this Act, shall be of no force and effect, and shall be treated as though such proposed or final rule had never been issued. In conducting analyses under section 302(a), the Committee shall analyze the rule described in section 302(e)(1)(E) (including any successor or substantially similar rule) as if the preceding sentence did not apply to such rule.CommentsClose CommentsPermalink
(2) PROMULGATION OF FINAL RULES- In place of the rules described in paragraph (1), the Administrator shall--CommentsClose CommentsPermalink
(A) issue regulations establishing national emission standards for coal-and oil-fired electric utility steam generating units under section 112 of the Clean Air Act (
(B) issue regulations establishing standards of performance for fossil-fuel-fired electric utility, industrial-commercial-institutional, and small industrial-commercial-institutional steam generating units under section 111 of the Clean Air Act (
(C) issue the final regulations required by subparagraphs (A) and (B)--CommentsClose CommentsPermalink
(i) after issuing proposed regulations under such subparagraphs;CommentsClose CommentsPermalink
(ii) after consideration of the final report submitted under section 303(c); andCommentsClose CommentsPermalink
(iii) not earlier than the date that is 12 months after the date on which the Committee submits such report to the Congress, or such later date as may be determined by the Administrator.CommentsClose CommentsPermalink
(3) COMPLIANCE PROVISIONS-CommentsClose CommentsPermalink
(A) ESTABLISHMENT OF COMPLIANCE DATES- In promulgating the regulations under paragraph (2), the Administrator--CommentsClose CommentsPermalink
(i) shall establish a date for compliance with the standards and requirements under such regulations that is not earlier than 5 years after the effective date of the regulations; andCommentsClose CommentsPermalink
(ii) in establishing a date for such compliance, shall take into consideration--CommentsClose CommentsPermalink
(I) the costs of achieving emissions reductions;CommentsClose CommentsPermalink
(II) any non-air quality health and environmental impact and energy requirements of the standards and requirements;CommentsClose CommentsPermalink
(III) the feasibility of implementing the standards and requirements, including the time needed to--CommentsClose CommentsPermalink
(aa) obtain necessary permit approvals; andCommentsClose CommentsPermalink
(bb) procure, install, and test control equipment;CommentsClose CommentsPermalink
(IV) the availability of equipment, suppliers, and labor, given the requirements of the regulations and other proposed or finalized regulations; andCommentsClose CommentsPermalink
(V) potential net employment impacts.CommentsClose CommentsPermalink
(B) NEW SOURCES- With respect to the regulations promulgated pursuant to paragraph (2)--CommentsClose CommentsPermalink
(i) the date on which the Administrator proposes a regulation pursuant to paragraph (2)(A) establishing an emission standard under section 112 of the Clean Air Act (
(ii) the date on which the Administrator proposes a regulation pursuant to paragraph (2)(B) establishing a standard of performance under section 111 of the Clean Air Act (
(iii) for purposes of any emission standard or limitation applicable to electric utility steam generating units, the term ‘new source’ means a stationary source for which a preconstruction permit or other preconstruction approval required under the Clean Air Act (
(iv) for purposes of clause (iii), the date of issuance of a preconstruction permit or other preconstruction approval is deemed to be the date on which such permit or approval is issued to the applicant irrespective of any administrative or judicial review occurring after such date.CommentsClose CommentsPermalink
(C) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed to restrict or otherwise affect the provisions of paragraphs (3)(B) and (4) of section 112(i) of the Clean Air Act (
(4) OTHER PROVISIONS-CommentsClose CommentsPermalink
(A) ESTABLISHMENT OF STANDARDS ACHIEVABLE IN PRACTICE- The regulations promulgated pursuant to paragraph (2)(A) of this section shall apply section 112(d)(3) of the Clean Air Act (
(i) NEW SOURCES- With respect to new sources:CommentsClose CommentsPermalink
(I) The Administrator shall identify the best controlled similar source for each source category or subcategory.CommentsClose CommentsPermalink
(II) The best controlled similar source for a category or subcategory shall be the single source that is determined by the Administrator to be the best controlled, in the aggregate, for all of the hazardous air pollutants for which the Administrator intends to issue standards for such source category or subcategory, under actual operating conditions, taking into account the variability in actual source performance, source design, fuels, controls, ability to measure pollutant emissions, and operating conditions.CommentsClose CommentsPermalink
(ii) EXISTING SOURCES- With respect to existing sources:CommentsClose CommentsPermalink
(I) The Administrator shall identify one group of sources that constitutes the best performing 12 percent of existing sources for each source category or subcategory.CommentsClose CommentsPermalink
(II) The group constituting the best performing 12 percent of existing sources for a category or subcategory shall be the single group that is determined by the Administrator to be the best performing, in the aggregate, for all of the hazardous air pollutants for which the Administrator intends to issue standards for such source category or subcategory, under actual operating conditions, taking into account the variability in actual source performance, source design, fuels, controls, ability to measure pollutant emissions, and operating conditions.CommentsClose CommentsPermalink
(B) REGULATORY ALTERNATIVES- For the regulations promulgated pursuant to paragraph (2) of this section, from among the range of regulatory alternatives authorized under the Clean Air Act (
SEC. 305. CONSIDERATION OF FEASIBILITY AND COST IN ESTABLISHING NATIONAL AMBIENT AIR QUALITY STANDARDS.
In establishing any national primary or secondary ambient air quality standard under section 109 of the Clean Air Act (
TITLE IV--MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALSCommentsClose CommentsPermalink
TITLE IV--MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALSCommentsClose CommentsPermalink
SEC. 401. MANAGEMENT AND DISPOSAL OF COAL COMBUSTION RESIDUALS.
(a) In General- Subtitle D of the Solid Waste Disposal Act (
‘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.CommentsClose CommentsPermalink
‘(b) State Actions-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) CERTIFICATION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Not later than 36 months after the date of enactment of this section (except as provided in subsections (f)(1)(A) and (f)(1)(C)), 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 agency responsible for implementing the coal combustion residuals permit program shall submit to the Administrator a certification that such coal combustion residuals permit program meets the specifications described in subsection (c).CommentsClose CommentsPermalink
‘(B) CONTENTS- A certification submitted under this paragraph shall include--CommentsClose CommentsPermalink
‘(i) a letter identifying the lead State agency responsible for implementing the coal combustion residuals permit program, signed by the head of such agency;CommentsClose CommentsPermalink
‘(ii) identification of any other State agencies involved with the implementation of the coal combustion residuals permit program;CommentsClose CommentsPermalink
‘(iii) a narrative description that provides an explanation of how the State will ensure that the coal combustion residuals permit program meets the requirements of this section, including a description of the State’s--CommentsClose CommentsPermalink
‘(I) process to inspect or otherwise determine compliance with such permit program;CommentsClose CommentsPermalink
‘(II) process to enforce the requirements of such permit program;CommentsClose CommentsPermalink
‘(III) public participation process for the promulgation, amendment, or repeal of regulations for, and the issuance of permits under, such permit program; andCommentsClose CommentsPermalink
‘(IV) statutes, regulations, or policies pertaining to public access to information, such as groundwater monitoring data;CommentsClose CommentsPermalink
‘(iv) a legal certification that the State has, at the time of certification, fully effective statutes or regulations necessary to implement a coal combustion residuals permit program that meets the specifications described in subsection (c); andCommentsClose CommentsPermalink
‘(v) copies of State statutes and regulations described in clause (iv).CommentsClose CommentsPermalink
‘(C) UPDATES- A State may update the certification as needed to reflect changes to the coal combustion residuals permit program.CommentsClose CommentsPermalink
‘(3) MAINTENANCE OF 4005(C) OR 3006 PROGRAM- In order to adopt or implement a coal combustion residuals permit program under this section (including pursuant to subsection (f)), the State agency responsible for implementing a coal combustion residuals permit program in a State shall maintain an approved program under section 4005(c) or an authorized program under section 3006.CommentsClose CommentsPermalink
‘(c) Permit Program Specifications-CommentsClose CommentsPermalink
‘(1) MINIMUM REQUIREMENTS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- A coal combustion residuals permit program shall apply the revised criteria described in paragraph (2) to owners or operators of structures, including surface impoundments, that receive coal combustion residuals.CommentsClose CommentsPermalink
‘(B) STRUCTURAL INTEGRITY-CommentsClose CommentsPermalink
‘(i) ENGINEERING CERTIFICATION- A coal combustion residuals permit program shall require that an independent registered professional engineer certify that--CommentsClose CommentsPermalink
‘(I) the design of structures is in accordance with recognized and generally accepted good engineering practices for containment of the maximum volume of coal combustion residuals and liquids appropriate for the structure; andCommentsClose CommentsPermalink
‘(II) the construction and maintenance of the structure will ensure dam stability.CommentsClose CommentsPermalink
‘(ii) INSPECTION- A coal combustion residuals permit program shall require that structures that are surface impoundments be inspected not less than annually by an independent registered professional engineer to assure that the design, operation, and maintenance of the surface impoundment is in accordance with recognized and generally accepted good engineering practices for containment of the maximum volume of coal combustion residuals and liquids which can be impounded, so as to ensure dam stability.CommentsClose CommentsPermalink
‘(iii) DEFICIENCY-CommentsClose CommentsPermalink
‘(I) IN GENERAL- If the head of the agency responsible for implementing the coal combustion residuals permit program determines that a structure is deficient with respect to the requirements in clauses (i) and (ii), the head of the agency has the authority to require action to correct the deficiency according to a schedule determined by the agency.CommentsClose CommentsPermalink
‘(II) UNCORRECTED DEFICIENCIES- If a deficiency is not corrected according to the schedule, the head of the agency has the authority to require that the structure close in accordance with subsection (h).CommentsClose CommentsPermalink
‘(C) LOCATION- Each structure that first receives coal combustion residuals after the date of enactment of this section shall be constructed with a base located a minimum of 2 feet above the upper limit of the water table, unless it is demonstrated to the satisfaction of the agency responsible for implementing the coal combustion residuals permit program that--CommentsClose CommentsPermalink
‘(i) the hydrogeologic characteristics of the structure and surrounding land would preclude such a requirement; andCommentsClose CommentsPermalink
‘(ii) the function and integrity of the liner system will not be adversely impacted by contact with the water table.CommentsClose CommentsPermalink
‘(D) WIND DISPERSAL-CommentsClose CommentsPermalink
‘(i) IN GENERAL- The agency responsible for implementing the coal combustion residuals permit program shall require that owners or operators of structures address wind dispersal of dust by requiring cover, or by wetting coal combustion residuals with water to a moisture content that prevents wind dispersal, facilitates compaction, and does not result in free liquids.CommentsClose CommentsPermalink
‘(ii) ALTERNATIVE METHODS- Subject to the review and approval by the agency, owners or operators of structures may propose alternative methods to address wind dispersal of dust that will provide comparable or more effective control of dust.CommentsClose CommentsPermalink
‘(E) PERMITS- The agency responsible for implementing the coal combustion residuals permit program shall require that the owner or operator of each structure that receives coal combustion residuals after the date of enactment of this section apply for and obtain a permit incorporating the requirements of the coal combustion residuals permit program.CommentsClose CommentsPermalink
‘(F) STATE NOTIFICATION AND GROUNDWATER MONITORING-CommentsClose CommentsPermalink
‘(i) NOTIFICATION- Not later than the date on which a State submits a certification under subsection (b)(2), the State shall notify owners or operators of structures within the State of--CommentsClose CommentsPermalink
‘(I) the obligation to apply for and obtain a permit under subparagraph (E); andCommentsClose CommentsPermalink
‘(II) the groundwater monitoring requirements applicable to structures under paragraph (2)(A)(ii).CommentsClose CommentsPermalink
‘(ii) GROUNDWATER MONITORING- Not later than 1 year after the date on which a State submits a certification under subsection (b)(2), the State shall require the owner or operator of each structure to comply with the groundwater monitoring requirements under paragraph (2)(A)(ii).CommentsClose CommentsPermalink
‘(G) AGENCY REQUIREMENTS- Except for information described in
, the agency responsible for implementing the coal combustion residuals permit program shall ensure that--CommentsClose CommentsPermalink section 1905 of title 18, United States Code
‘(i) documents for permit determinations are made available for public review and comment under the public participation process described in subsection (b)(2)(B)(iii)(III);CommentsClose CommentsPermalink
‘(ii) final determinations on permit applications are made known to the public; andCommentsClose CommentsPermalink
‘(iii) groundwater monitoring data collected under paragraph (2) is publicly available.CommentsClose CommentsPermalink
‘(H) AGENCY AUTHORITY-CommentsClose CommentsPermalink
‘(i) IN GENERAL- The agency responsible for implementing the coal combustion residuals permit program has the authority to--CommentsClose CommentsPermalink
‘(I) obtain information necessary to determine whether the owner or operator of a structure is in compliance with the coal combustion residuals permit program requirements of this section;CommentsClose CommentsPermalink
‘(II) conduct or require monitoring and testing to ensure that structures are in compliance with the coal combustion residuals permit program requirements of this section; andCommentsClose CommentsPermalink
‘(III) enter, at reasonable times, any site or premise subject to the coal combustion residuals permit program for the purpose of inspecting structures and reviewing records relevant to the operation and maintenance of structures.CommentsClose CommentsPermalink
‘(ii) MONITORING AND TESTING- If monitoring or testing is conducted under clause (i)(II) by or for the agency responsible for implementing the coal combustion residuals permit program, the agency shall, if requested, provide to the owner or operator--CommentsClose CommentsPermalink
‘(I) a written description of the monitoring or testing completed;CommentsClose CommentsPermalink
‘(II) at the time of sampling, a portion of each sample equal in volume or weight to the portion retained by or for the agency; andCommentsClose CommentsPermalink
‘(III) a copy of the results of any analysis of samples collected by or for the agency.CommentsClose CommentsPermalink
‘(I) STATE AUTHORITY- A State implementing a coal combustion residuals permit program has the authority to--CommentsClose CommentsPermalink
‘(i) inspect structures; andCommentsClose CommentsPermalink
‘(ii) implement and enforce the coal combustion residuals permit program.CommentsClose CommentsPermalink
‘(J) REQUIREMENTS FOR SURFACE IMPOUNDMENTS THAT DO NOT MEET CERTAIN CRITERIA-CommentsClose CommentsPermalink
‘(i) IN GENERAL- In addition to the groundwater monitoring and corrective action requirements described in paragraph (2)(A)(ii), a coal combustion residuals permit program shall require a surface impoundment that receives coal combustion residuals after the date of enactment of this section to--CommentsClose CommentsPermalink
‘(I) comply with the requirements in clause (ii)(I)(aa) and subclauses (II) through (IV) of clause (ii) if the surface impoundment--CommentsClose CommentsPermalink
‘(aa) does not--CommentsClose CommentsPermalink
‘(AA) have a liner system described in section 258.40(b) of title 40, Code of Federal Regulations; andCommentsClose CommentsPermalink
‘(BB) meet the design criteria described in section 258.40(a)(1) of title 40, Code of Federal Regulations; andCommentsClose CommentsPermalink
‘(bb) within 10 years after the date of enactment of this section, is required under section 258.56(a) of title 40, Code of Federal Regulations, to undergo an assessment of corrective measures for any constituent identified in paragraph (2)(A)(ii) for which assessment groundwater monitoring is required; andCommentsClose CommentsPermalink
‘(II) comply with the requirements in clause (ii)(I)(bb) and subclauses (II) through (IV) of clause (ii) if the surface impoundment--CommentsClose CommentsPermalink
‘(aa) does not--CommentsClose CommentsPermalink
‘(AA) have a liner system described in section 258.40(b) of title 40, Code of Federal Regulations; andCommentsClose CommentsPermalink
‘(BB) meet the design criteria described in section 258.40(a)(1) of title 40, Code of Federal Regulations; andCommentsClose CommentsPermalink
‘(bb) as of the date of enactment of this section, is subject to a State corrective action requirement.CommentsClose CommentsPermalink
‘(ii) REQUIREMENTS-CommentsClose CommentsPermalink
‘(I) DEADLINES-CommentsClose CommentsPermalink
‘(aa) IN GENERAL- Except as provided in item (bb), subclause (IV), and clause (iii), the groundwater protection standard for structures identified in clause (i)(I) established by the agency responsible for implementing the coal combustion residuals permit program under section 258.55(h) or 258.55(i) of title 40, Code of Federal Regulations, for any constituent for which corrective measures are required shall be met--CommentsClose CommentsPermalink
‘(AA) as soon as practicable at the relevant point of compliance, as described in section 258.40(d) of title 40, Code of Federal Regulations; andCommentsClose CommentsPermalink
‘(BB) not later than 10 years after the date of enactment of this section.CommentsClose CommentsPermalink
‘(bb) IMPOUNDMENTS SUBJECT TO STATE CORRECTIVE ACTION REQUIREMENTS- Except as provided in subclause (IV), the groundwater protection standard for structures identified in clause (i)(II) established by the agency responsible for implementing the coal combustion residuals permit program under section 258.55(h) or 258.55(i) of title 40, Code of Federal Regulations, for any constituent for which corrective measures are required shall be met--CommentsClose CommentsPermalink
‘(AA) as soon as practicable at the relevant point of compliance, as described in section 258.40(d) of title 40, Code of Federal Regulations; andCommentsClose CommentsPermalink
‘(BB) not later than 8 years after the date of enactment of this section.CommentsClose CommentsPermalink
‘(II) CLOSURE- If the deadlines under clause (I) are not satisfied, the structure shall cease receiving coal combustion residuals and initiate closure under subsection (h).CommentsClose CommentsPermalink
‘(III) INTERIM MEASURES-CommentsClose CommentsPermalink
‘(aa) IN GENERAL- Except as provided in item (bb), not later than 90 days after the date on which the assessment of corrective measures is initiated, the owner or operator shall implement interim measures, as necessary, under the factors in section 258.58(a)(3) of title 40, Code of Federal Regulations.CommentsClose CommentsPermalink
‘(bb) IMPOUNDMENTS SUBJECT TO STATE CORRECTIVE ACTION REQUIREMENTS- Item (aa) shall only apply to surface impoundments subject to a State corrective action requirement as of the date of enactment of this section if the owner or operator has not implemented interim measures, as necessary, under the factors in section 258.58(a)(3) of title 40, Code of Federal Regulations.CommentsClose CommentsPermalink
‘(IV) EXTENSION OF DEADLINE-CommentsClose CommentsPermalink
‘(aa) IN GENERAL- Except as provided in item (bb), the deadline for meeting a groundwater protection standard under subclause (I) may be extended by the agency responsible for implementing the coal combustion residuals permit program, after opportunity for public notice and comment under the public participation process described in subsection (b)(2)(B)(iii)(III), based on--CommentsClose CommentsPermalink
‘(AA) the effectiveness of any interim measures implemented by the owner or operator of the facility under section 258.58(a)(3) of title 40, Code of Federal Regulations;CommentsClose CommentsPermalink
‘(BB) the level of progress demonstrated in meeting the groundwater protection standard;CommentsClose CommentsPermalink
‘(CC) the potential for other adverse human health or environmental exposures attributable to the contamination from the surface impoundment undergoing corrective action; andCommentsClose CommentsPermalink
‘(DD) the lack of available alternative management capacity for the coal combustion residuals and related materials managed in the impoundment at the facility at which the impoundment is located if the owner or operator has used best efforts, as necessary, to design, obtain any necessary permits, finance, construct, and render operational the alternative management capacity during the time period for meeting a groundwater protection standard in subclause (I).CommentsClose CommentsPermalink
‘(bb) EXCEPTION- The deadlines under subclause (I) shall not be extended if there has been contamination of public or private drinking water systems attributable to a surface impoundment undergoing corrective action, unless the contamination has been addressed by providing a permanent replacement water system.CommentsClose CommentsPermalink
‘(iii) SUBSEQUENT CLOSURE-CommentsClose CommentsPermalink
‘(I) IN GENERAL- In addition to the groundwater monitoring and corrective action requirements described in paragraph (2)(A)(ii), a coal combustion residuals permit program shall require a surface impoundment that receives coal combustion residuals after the date of enactment of this section to comply with the requirements in subclause (II) if the surface impoundment--CommentsClose CommentsPermalink
‘(aa) does not--CommentsClose CommentsPermalink
‘(AA) have a liner system described in section 258.40(b) of title 40, Code of Federal Regulations; andCommentsClose CommentsPermalink
‘(BB) meet the design criteria described in section 258.40(a)(1) of title 40, Code of Federal Regulations;CommentsClose CommentsPermalink
‘(bb) more than 10 years after the date of enactment of this section, is required under section 258.56(a) of title 40, Code of Federal Regulations, to undergo an assessment of corrective measures for any constituent identified in paragraph (2)(A)(ii) for which assessment groundwater monitoring is required; andCommentsClose CommentsPermalink
‘(cc) is not subject to the requirements in clause (ii).CommentsClose CommentsPermalink
‘(II) REQUIREMENTS-CommentsClose CommentsPermalink
‘(aa) CLOSURE- The structures identified in subclause (I) shall cease receiving coal combustion residuals and initiate closure in accordance with subsection (h) after alternative management capacity for the coal combustion residuals and related materials managed in the impoundment at the facility is available.CommentsClose CommentsPermalink
‘(bb) BEST EFFORTS- The alternative management capacity shall be developed as soon as practicable with the owner or operator using best efforts to design, obtain necessary permits, finance, construct, and render operational the alternative management capacity.CommentsClose CommentsPermalink
‘(cc) ALTERNATIVE MANAGEMENT CAPACITY PLAN- The owner or operator shall, in collaboration with the agency responsible for implementing the coal combustion residuals permit program, prepare a written plan that describes the steps necessary to develop the alternative management capacity and includes a schedule for completion.CommentsClose CommentsPermalink
‘(dd) PUBLIC PARTICIPATION- The plan described in item (cc) shall be subject to public notice and comment under the public participation process described in subsection (b)(2)(B)(iii)(III).CommentsClose CommentsPermalink
‘(2) REVISED CRITERIA- The revised criteria described in this paragraph are--CommentsClose CommentsPermalink
‘(A) the revised criteria for design, groundwater monitoring, corrective action, closure, and post-closure, for structures, including--CommentsClose CommentsPermalink
‘(i) for new structures, and lateral expansions of existing structures, that first receive coal combustion residuals after the date of enactment of this section, the revised criteria regarding design requirements described in section 258.40 of title 40, Code of Federal Regulations, except that the leachate collection system requirements described in section 258.40(a)(2) of title 40, Code of Federal Regulations do not apply to structures that are surface impoundments;CommentsClose CommentsPermalink
‘(ii) for all structures that receive coal combustion residuals after the date of enactment of this section, the revised criteria regarding groundwater monitoring and corrective action requirements described in subpart E of part 258 of title 40, Code of Federal Regulations, except that, for the purposes of this paragraph, the revised criteria shall also include--CommentsClose CommentsPermalink
‘(I) for the purposes of detection monitoring, the constituents boron, chloride, conductivity, fluoride, mercury, pH, sulfate, sulfide, and total dissolved solids; andCommentsClose CommentsPermalink
‘(II) for the purposes of assessment monitoring, establishing a groundwater protection standard, and assessment of corrective measures, the constituents aluminum, boron, chloride, fluoride, iron, manganese, molybdenum, pH, sulfate, and total dissolved solids;CommentsClose CommentsPermalink
‘(iii) for all structures that receive coal combustion residuals after the date of enactment of this section, in a manner consistent with subsection (h), the revised criteria for closure described in subsections (a) through (c) and (h) through (j) of section 258.60 of title 40, Code of Federal Regulations; andCommentsClose CommentsPermalink
‘(iv) for all structures that receive coal combustion residuals after the date of enactment of this section, the revised criteria for post-closure care described in section 258.61 of title 40, Code of Federal Regulations, except for the requirement described in subsection (a)(4) of that section;CommentsClose CommentsPermalink
‘(B) the revised criteria for location restrictions described in--CommentsClose CommentsPermalink
‘(i) for new structures, and lateral expansions of existing structures, that first receive coal combustion residuals after the date of enactment of this section, sections 258.11 through 258.15 of title 40, Code of Federal Regulations; andCommentsClose CommentsPermalink
‘(ii) for existing structures that receive coal combustion residuals after the date of enactment of this section, sections 258.11 and 258.15 of title 40, Code of Federal Regulations;CommentsClose CommentsPermalink
‘(C) for all structures that receive coal combustion residuals after the date of enactment of this section, the revised criteria for air quality described in section 258.24 of title 40, Code of Federal Regulations;CommentsClose CommentsPermalink
‘(D) for all structures that receive coal combustion residuals after the date of enactment of this section, the revised criteria for financial assurance described in subpart G of part 258 of title 40, Code of Federal Regulations;CommentsClose CommentsPermalink
‘(E) for all structures that receive coal combustion residuals after the date of enactment of this section, the revised criteria for surface water described in section 258.27 of title 40, Code of Federal Regulations;CommentsClose CommentsPermalink
‘(F) for all structures that receive coal combustion residuals after the date of enactment of this section, the revised criteria for recordkeeping described in section 258.29 of title 40, Code of Federal Regulations;CommentsClose CommentsPermalink
‘(G) for landfills and other land-based units, other than surface impoundments, that receive coal combustion residuals after the date of enactment of this section, the revised criteria for run-on and run-off control systems described in section 258.26 of title 40, Code of Federal Regulations; andCommentsClose CommentsPermalink
‘(H) for surface impoundments that receive coal combustion residuals after the date of enactment of this section, the revised criteria for run-off control systems described in section 258.26(a)(2) of title 40, Code of Federal Regulations.CommentsClose CommentsPermalink
‘(d) Written Notice and Opportunity to Remedy-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Administrator shall provide to a State written notice and an opportunity to remedy deficiencies in accordance with paragraph (2) if at any time the State--CommentsClose CommentsPermalink
‘(A) does not satisfy the notification requirement under subsection (b)(1);CommentsClose CommentsPermalink
‘(B) has not submitted a certification under subsection (b)(2);CommentsClose CommentsPermalink
‘(C) does not satisfy the maintenance requirement under subsection (b)(3);CommentsClose CommentsPermalink
‘(D) is not implementing a coal combustion residuals permit program that--CommentsClose CommentsPermalink
‘(i) meets the specifications described in subsection (c); orCommentsClose CommentsPermalink
‘(ii)(I) is consistent with the certification under subsection (b)(2)(B)(iii); andCommentsClose CommentsPermalink
‘(II) maintains fully effective statutes or regulations necessary to implement a coal combustion residuals permit program; orCommentsClose CommentsPermalink
‘(E) 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 complied with subparagraphs (A) through (D).CommentsClose CommentsPermalink
‘(2) REQUEST- If the request described in paragraph (1)(E) is made pursuant to a petition of the Administrator, the Administrator shall only make the request if the Administrator does not possess the information necessary to ascertain whether the State has complied with subparagraphs (A) through (D) of paragraph (1).CommentsClose CommentsPermalink
‘(3) CONTENTS OF NOTICE; DEADLINE FOR RESPONSE- A notice provided under this subsection shall--CommentsClose CommentsPermalink
‘(A) include findings of the Administrator detailing any applicable deficiencies in--CommentsClose CommentsPermalink
‘(i) compliance by the State with the notification requirement under subsection (b)(1);CommentsClose CommentsPermalink
‘(ii) compliance by the State with the certification requirement under subsection (b)(2);CommentsClose CommentsPermalink
‘(iii) compliance by the State with the maintenance requirement under subsection (b)(3);CommentsClose CommentsPermalink
‘(iv) the State coal combustion residuals permit program in meeting the specifications described in subsection (c); andCommentsClose CommentsPermalink
‘(v) compliance by the State with the request under paragraph (1)(E); andCommentsClose CommentsPermalink
‘(B) identify, in collaboration with the State, a reasonable deadline, by which the State shall remedy the deficiencies detailed under subparagraph (A), which shall be--CommentsClose CommentsPermalink
‘(i) in the case of a deficiency described in clauses (i) through (iv) of subparagraph (A), not earlier than 180 days after the date on which the State receives the notice; andCommentsClose CommentsPermalink
‘(ii) in the case of a deficiency described in subparagraph (A)(v), not later than 90 days after the date on which the State receives the notice.CommentsClose CommentsPermalink
‘(e) Implementation by Administrator-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Administrator shall implement a coal combustion residuals permit program for a State only if--CommentsClose CommentsPermalink
‘(A) the Governor of the State notifies the Administrator under subsection (b)(1) that the State will not adopt and implement a permit program;CommentsClose CommentsPermalink
‘(B) the State has received a notice under subsection (d) and the Administrator determines, after providing a 30-day period for notice and public comment, that the State has failed, by the deadline identified in the notice under subsection (d)(3)(B), to remedy the deficiencies detailed in the notice under subsection (d)(3)(A); orCommentsClose CommentsPermalink
‘(C) the State informs the Administrator, in writing, that such State will no longer implement such a permit program.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(3) OTHER STRUCTURES- For structures located on property within the exterior boundaries of a State for which the State does not have authority or jurisdiction to regulate, the Administrator shall implement a coal combustion residuals permit program only for those structures.CommentsClose CommentsPermalink
‘(4) REQUIREMENTS- If the Administrator implements a coal combustion residuals permit program for a State under paragraph (1) or (3), the permit program shall consist of the specifications described in subsection (c).CommentsClose CommentsPermalink
‘(5) ENFORCEMENT-CommentsClose CommentsPermalink
‘(A) IN GENERAL- If the Administrator implements a coal combustion residuals permit program for a State under paragraph (1)--CommentsClose CommentsPermalink
‘(i) the authorities referred to in section 4005(c)(2)(A) shall apply with respect to coal combustion residuals and structures for which the Administrator is implementing the coal combustion residuals permit program; andCommentsClose CommentsPermalink
‘(ii) the Administrator may use those authorities to inspect, gather information, and enforce the requirements of this section in the State.CommentsClose CommentsPermalink
‘(B) OTHER STRUCTURES- If the Administrator implements a coal combustion residuals permit program for a State under paragraph (3)--CommentsClose CommentsPermalink
‘(i) the authorities referred to in section 4005(c)(2)(A) shall apply with respect to coal combustion residuals and structures for which the Administrator is implementing the coal combustion residuals permit program; andCommentsClose CommentsPermalink
‘(ii) the Administrator may use those authorities to inspect, gather information, and enforce the requirements of this section for the structures for which the Administrator is implementing the coal combustion residuals permit program.CommentsClose CommentsPermalink
‘(f) State Control After Implementation by Administrator-CommentsClose CommentsPermalink
‘(1) STATE CONTROL-CommentsClose CommentsPermalink
‘(A) NEW ADOPTION AND IMPLEMENTATION BY STATE- For a State for which the Administrator is implementing a coal combustion residuals permit program under subsection (e)(1)(A), the State may adopt and implement such a permit program by--CommentsClose CommentsPermalink
‘(i) notifying the Administrator that the State will adopt and implement such a permit program;CommentsClose CommentsPermalink
‘(ii) not later than 6 months after the date of such notification, submitting to the Administrator a certification under subsection (b)(2); andCommentsClose CommentsPermalink
‘(iii) receiving from the Administrator--CommentsClose CommentsPermalink
‘(I) a determination, after providing a 30-day period for notice and public comment that the State coal combustion residuals permit program meets the specifications described in subsection (c); andCommentsClose CommentsPermalink
‘(II) a timeline for transition of control of the coal combustion residuals permit program.CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(i) remedying only the deficiencies detailed in the notice provided under subsection (d)(3)(A); andCommentsClose CommentsPermalink
‘(ii) receiving from the Administrator--CommentsClose CommentsPermalink
‘(I) a determination, after providing a 30-day period for notice and public comment, that the deficiencies detailed in such notice have been remedied; andCommentsClose CommentsPermalink
‘(II) a timeline for transition of control of the coal combustion residuals permit program.CommentsClose CommentsPermalink
‘(C) RESUMPTION OF IMPLEMENTATION BY STATE- For a State for which the Administrator is implementing a coal combustion residuals permit program under subsection (e)(1)(C), the State may adopt and implement such a permit program by--CommentsClose CommentsPermalink
‘(i) notifying the Administrator that the State will adopt and implement such a permit program;CommentsClose CommentsPermalink
‘(ii) not later than 6 months after the date of such notification, submitting to the Administrator a certification under subsection (b)(2); andCommentsClose CommentsPermalink
‘(iii) receiving from the Administrator--CommentsClose CommentsPermalink
‘(I) a determination, after providing a 30-day period for notice and public comment, that the State coal combustion residuals permit program meets the specifications described in subsection (c); andCommentsClose CommentsPermalink
‘(II) a timeline for transition of control of the coal combustion residuals permit program.CommentsClose CommentsPermalink
‘(2) REVIEW OF DETERMINATION-CommentsClose CommentsPermalink
‘(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 (1)(C)(ii), or notifies the Administrator that the deficiencies have been remedied pursuant to paragraph (1)(B)(i), as applicable.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(3) IMPLEMENTATION DURING TRANSITION-CommentsClose CommentsPermalink
‘(A) EFFECT ON ACTIONS AND ORDERS- Actions taken or orders issued pursuant to a coal combustion residuals permit program shall remain in effect if--CommentsClose CommentsPermalink
‘(i) a State takes control of its coal combustion residuals permit program from the Administrator under paragraph (1); orCommentsClose CommentsPermalink
‘(ii) the Administrator takes control of a coal combustion residuals permit program from a State under subsection (e).CommentsClose CommentsPermalink
‘(B) CHANGE IN REQUIREMENTS- Subparagraph (A) shall apply to such actions and orders until such time as the Administrator or the head of the lead State agency responsible for implementing the coal combustion residuals permit program, as applicable--CommentsClose CommentsPermalink
‘(i) implements changes to the requirements of the coal combustion residuals permit program with respect to the basis for the action or order; orCommentsClose CommentsPermalink
‘(ii) certifies the completion of a corrective action that is the subject of the action or order.CommentsClose CommentsPermalink
‘(4) SINGLE PERMIT PROGRAM- If a State adopts and implements a coal combustion residuals permit program under this subsection, the Administrator shall cease to implement the permit program implemented under subsection (e)(1) for such State.CommentsClose CommentsPermalink
‘(g) Effect on Determination Under 4005(c) or 3006- The Administrator shall not consider the implementation of a coal combustion residuals permit program by the Administrator under subsection (e) in making a determination of approval for a permit program or other system of prior approval and conditions under section 4005(c) or of authorization for a program under section 3006.CommentsClose CommentsPermalink
‘(h) Closure-CommentsClose CommentsPermalink
‘(1) IN GENERAL- If it is determined, pursuant to a coal combustion residuals permit program, that a structure should close, the time period and method for the closure of such structure shall be set forth in a closure plan that establishes a deadline for completion and that takes into account the nature and the site-specific characteristics of the structure to be closed.CommentsClose CommentsPermalink
‘(2) SURFACE IMPOUNDMENT- In the case of a surface impoundment, the closure plan under paragraph (1) shall require, at a minimum, the removal of liquid and the stabilization of remaining waste, as necessary to support the final cover.CommentsClose CommentsPermalink
‘(i) Authority-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) AUTHORITY OF THE ADMINISTRATOR-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Except as provided in subsections (d) and (e) and section 6005, the Administrator shall, with respect to the regulation of coal combustion residuals, defer to the States pursuant to this section.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(C) ENFORCEMENT ASSISTANCE ONLY UPON REQUEST- Upon request from the head of a lead State agency that is implementing a coal combustion residuals permit program, the Administrator may provide to such State agency only the enforcement assistance requested.CommentsClose CommentsPermalink
‘(D) CONCURRENT ENFORCEMENT- Except as provided in subparagraph (C), the Administrator shall not have concurrent enforcement authority when a State is implementing a coal combustion residuals permit program.CommentsClose CommentsPermalink
‘(E) OTHER AUTHORITY- The Administrator shall not have authority to finalize the proposed rule published at pages 35128 through 35264 of volume 75 of the Federal Register (June 21, 2010).CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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 mining and reclamation operations.CommentsClose CommentsPermalink
‘(k) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) COAL COMBUSTION RESIDUALS- The term ‘coal combustion residuals’ means--CommentsClose CommentsPermalink
‘(A) the solid wastes listed in section 3001(b)(3)(A)(i), including recoverable materials from such wastes;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(C) fluidized bed combustion wastes;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(E) wastes from the co-burning of coal with materials described in subparagraph (A) that are recovered from monofills.CommentsClose CommentsPermalink
‘(2) COAL COMBUSTION RESIDUALS PERMIT PROGRAM- The term ‘coal combustion residuals permit program’ means all of the authorities, activities, and procedures that comprise the system of prior approval and conditions implemented by or for a State to regulate the management and disposal of coal combustion residuals.CommentsClose CommentsPermalink
‘(3) CODE OF FEDERAL REGULATIONS- The term ‘Code of Federal Regulations’ means the Code of Federal Regulations (as in effect on the date of enactment of this section) or any successor regulations.CommentsClose CommentsPermalink
‘(4) PERMIT; PRIOR APPROVAL AND CONDITIONS- The terms ‘permit’ and ‘prior approval and conditions’ mean any authorization, license, or equivalent control document that incorporates the requirements and revised criteria described in paragraphs (1) and (2) of subsection (c), respectively.CommentsClose CommentsPermalink
‘(5) REVISED CRITERIA- The term ‘revised criteria’ means the criteria promulgated for municipal solid waste landfill units under section 4004(a) and under section 1008(a)(3), as revised under section 4010(c).CommentsClose CommentsPermalink
‘(6) STRUCTURE-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Except as provided in subparagraph (B), the term ‘structure’ means a landfill, surface impoundment, or other land-based unit which may receive coal combustion residuals.CommentsClose CommentsPermalink
‘(B) DE MINIMIS RECEIPT- The term ‘structure’ does not include any land-based unit that receives only de minimis quantities of coal combustion residuals if the presence of coal combustion residuals is incidental to the material managed in the unit.’.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
‘Sec. 4011. Management and disposal of coal combustion residuals.’.CommentsClose CommentsPermalink
SEC. 402. 2000 REGULATORY DETERMINATION.
Nothing in this title, or the amendments made by this title, shall be construed to alter in any manner the Environmental Protection Agency’s regulatory determination entitled ‘Notice of Regulatory Determination on Wastes from the Combustion of Fossil Fuels’, published at 65 Fed. Reg. 32214 (May 22, 2000), that the fossil fuel combustion wastes addressed in that determination do not warrant regulation under subtitle C of the Solid Waste Disposal Act (
SEC. 403. TECHNICAL ASSISTANCE.
Nothing in this title, or the amendments made by this title, shall be construed to affect the authority of a State to request, or the Administrator of the Environmental Protection Agency to provide, technical assistance under the Solid Waste Disposal Act (
SEC. 404. FEDERAL POWER ACT.
Nothing in this title, or the amendments made by this title, shall be construed to affect the obligations of the owner or operator of a structure (as defined in section 4011 of the Solid Waste Disposal Act, as added by this title) under section 215(b)(1) of the Federal Power Act (
TITLE V--PRESERVING STATE AUTHORITY TO MAKE DETERMINATIONS RELATING TO WATER QUALITY STANDARDSCommentsClose CommentsPermalink
TITLE V--PRESERVING STATE AUTHORITY TO MAKE DETERMINATIONS RELATING TO WATER QUALITY STANDARDSCommentsClose CommentsPermalink
SEC. 501. STATE WATER QUALITY STANDARDS.
(a) State Water Quality Standards- Section 303(c)(4) of the Federal Water Pollution Control Act (
(1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;CommentsClose CommentsPermalink
(2) by striking ‘(4)’ and inserting ‘(4)(A)’;CommentsClose CommentsPermalink
(3) by striking ‘The Administrator shall promulgate’ and inserting the following:CommentsClose CommentsPermalink
‘(B) The Administrator shall promulgate’; andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
‘(C) Notwithstanding subparagraph (A)(ii), the Administrator may not promulgate a revised or new standard for a pollutant in any case in which the State has submitted to the Administrator and the Administrator has approved a water quality standard for that pollutant, unless the State concurs with the Administrator’s determination that the revised or new standard is necessary to meet the requirements of this Act.’.CommentsClose CommentsPermalink
(b) Federal Licenses and Permits- Section 401(a) of such Act (
‘(7) With respect to any discharge, if a State or interstate agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate determines under paragraph (1) that the discharge will comply with the applicable provisions of sections 301, 302, 303, 306, and 307, the Administrator may not take any action to supersede the determination.’.CommentsClose CommentsPermalink
(c) State NPDES Permit Programs- Section 402(c) of such Act (
‘(5) LIMITATION ON AUTHORITY OF ADMINISTRATOR TO WITHDRAW APPROVAL OF STATE PROGRAMS- The Administrator may not withdraw approval of a State program under paragraph (3) or (4), or limit Federal financial assistance for the State program, on the basis that the Administrator disagrees with the State regarding--CommentsClose CommentsPermalink
‘(A) the implementation of any water quality standard that has been adopted by the State and approved by the Administrator under section 303(c); orCommentsClose CommentsPermalink
‘(B) the implementation of any Federal guidance that directs the interpretation of the State’s water quality standards.’.CommentsClose CommentsPermalink
(d) Limitation on Authority of Administrator To Object to Individual Permits- Section 402(d) of such Act (
‘(5) The Administrator may not object under paragraph (2) to the issuance of a permit by a State on the basis of--CommentsClose CommentsPermalink
‘(A) the Administrator’s interpretation of a water quality standard that has been adopted by the State and approved by the Administrator under section 303(c); orCommentsClose CommentsPermalink
‘(B) the implementation of any Federal guidance that directs the interpretation of the State’s water quality standards.’.CommentsClose CommentsPermalink
SEC. 502. PERMITS FOR DREDGED OR FILL MATERIAL.
(a) Authority of EPA Administrator- Section 404(c) of the Federal Water Pollution Control Act (
(1) by striking ‘(c)’ and inserting ‘(c)(1)’; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
‘(2) Paragraph (1) shall not apply to any permit if the State in which the discharge originates or will originate does not concur with the Administrator’s determination that the discharge will result in an unacceptable adverse effect as described in paragraph (1).CommentsClose CommentsPermalink
‘(3) Following the date of issuance of a permit by the Secretary in accordance with this section, the Administrator may not take any action under paragraph (1) to retroactively invalidate the permit.’.CommentsClose CommentsPermalink
(b) State Permit Programs- The first sentence of section 404(g)(1) of such Act (
SEC. 503. DEADLINES FOR AGENCY COMMENTS.
Section 404 of the Federal Water Pollution Control Act (
(1) in subsection (m) by striking ‘ninetieth day’ and inserting ‘30th day (or the 60th day if additional time is requested)’; andCommentsClose CommentsPermalink
(2) in subsection (q)--CommentsClose CommentsPermalink
(A) by striking ‘(q)’ and inserting ‘(q)(1)’; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
‘(2) The Administrator and the head of a department or agency referred to in paragraph (1) shall each submit any comments with respect to an application for a permit under subsection (a) or (e) not later than the 30th day (or the 60th day if additional time is requested) after the date of receipt of an application for a permit under that subsection.’.CommentsClose CommentsPermalink
SEC. 504. APPLICABILITY OF AMENDMENTS.
The amendments made by this title shall apply to actions taken on or after the date of enactment of this Act, including actions taken with respect to permit applications that are pending or revised or new standards that are being promulgated as of such date of enactment.CommentsClose CommentsPermalink
SEC. 505. REPORTING ON HARMFUL POLLUTANTS.
Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator of the Environmental Protection Agency shall submit to Congress a report on any increase or reduction in waterborne pathogenic microorganisms (including protozoa, viruses, bacteria, and parasites), toxic chemicals, or toxic metals (such as lead and mercury) in waters regulated by a State under the provisions of this title, including the amendments made by this title.CommentsClose CommentsPermalink
SEC. 506. PIPELINES CROSSING STREAMBEDS.
None of the provisions of this title, including the amendments made by this title, shall be construed to limit the authority of the Administrator of the Environmental Protection Agency, as in effect on the day before the date of enactment of this Act, to regulate a pipeline that crosses a streambed.CommentsClose CommentsPermalink
SEC. 507. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT AND ECONOMIC ACTIVITY.
(a) Analysis of Impacts of Actions on Employment and Economic Activity-CommentsClose CommentsPermalink
(1) ANALYSIS- Before taking a covered action, the Administrator shall analyze the impact, disaggregated by State, of the covered action on employment levels and economic activity, including estimated job losses and decreased economic activity.CommentsClose CommentsPermalink
(2) ECONOMIC MODELS-CommentsClose CommentsPermalink
(A) IN GENERAL- In carrying out paragraph (1), the Administrator shall utilize the best available economic models.CommentsClose CommentsPermalink
(B) ANNUAL GAO REPORT- Not later than December 31st of each year, the Comptroller General of the United States shall submit to Congress a report on the economic models used by the Administrator to carry out this subsection.CommentsClose CommentsPermalink
(3) AVAILABILITY OF INFORMATION- With respect to any covered action, the Administrator shall--CommentsClose CommentsPermalink
(A) post the analysis under paragraph (1) as a link on the main page of the public Internet Web site of the Environmental Protection Agency; andCommentsClose CommentsPermalink
(B) request that the Governor of any State experiencing more than a de minimis negative impact post such analysis in the Capitol of such State.CommentsClose CommentsPermalink
(b) Public Hearings-CommentsClose CommentsPermalink
(1) IN GENERAL- If the Administrator concludes under subsection (a)(1) that a covered action will have more than a de minimis negative impact on employment levels or economic activity in a State, the Administrator shall hold a public hearing in each such State at least 30 days prior to the effective date of the covered action.CommentsClose CommentsPermalink
(2) TIME, LOCATION, AND SELECTION- A public hearing required under paragraph (1) shall be held at a convenient time and location for impacted residents. In selecting a location for such a public hearing, the Administrator shall give priority to locations in the State that will experience the greatest number of job losses.CommentsClose CommentsPermalink
(c) Notification- If the Administrator concludes under subsection (a)(1) that a covered action will have more than a de minimis negative impact on employment levels or economic activity in any State, the Administrator shall give notice of such impact to the State’s Congressional delegation, Governor, and Legislature at least 45 days before the effective date of the covered action.CommentsClose CommentsPermalink
(d) Definitions- In this section, the following definitions apply:CommentsClose CommentsPermalink
(1) ADMINISTRATOR- The term ‘Administrator’ means the Administrator of the Environmental Protection Agency.CommentsClose CommentsPermalink
(2) COVERED ACTION- The term ‘covered action’ means any of the following actions taken by the Administrator under the Federal Water Pollution Control Act (
(A) Issuing a regulation, policy statement, guidance, response to a petition, or other requirement.CommentsClose CommentsPermalink
(B) Implementing a new or substantially altered program.CommentsClose CommentsPermalink
(3) MORE THAN A DE MINIMIS NEGATIVE IMPACT- The term ‘more than a de minimis negative impact’ means the following:CommentsClose CommentsPermalink
(A) With respect to employment levels, a loss of more than 100 jobs. Any offsetting job gains that result from the hypothetical creation of new jobs through new technologies or government employment may not be used in the job loss calculation.CommentsClose CommentsPermalink
(B) With respect to economic activity, a decrease in economic activity of more than $1,000,000 over any calendar year. Any offsetting economic activity that results from the hypothetical creation of new economic activity through new technologies or government employment may not be used in the economic activity calculation.CommentsClose CommentsPermalink
TITLE VI--REGIONAL HAZE REGULATORY RELIEFCommentsClose CommentsPermalink
TITLE VI--REGIONAL HAZE REGULATORY RELIEFCommentsClose CommentsPermalink
SEC. 601. IMPLEMENTATION PLANS.
Section 110 of the Clean Air Act (
(1) in subsection (c), by striking ‘(c)(1) The Administrator’ and all that follows through the end of paragraph (1) and inserting the following:CommentsClose CommentsPermalink
‘(c) Federal Plans-CommentsClose CommentsPermalink
‘(1) PLANS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Except as provided in subparagraph (C), unless the conditions described in subparagraph (B) are met, the Administrator shall promulgate a Federal implementation plan at any time after the date that is 2 years after the date on which the Administrator--CommentsClose CommentsPermalink
‘(i) finds that a State has failed to make a required submission or finds that the plan or plan revision submitted by the State does not satisfy the minimum criteria established under subsection (k)(1)(A); orCommentsClose CommentsPermalink
‘(ii) disapproves a State implementation plan submission.CommentsClose CommentsPermalink
‘(B) CONDITIONS- The conditions described in this subparagraph are that, before the date on which the Administrator promulgates a Federal implementation plan--CommentsClose CommentsPermalink
‘(i) a State corrects a deficiency in a State implementation plan or plan revision submitted by the State; andCommentsClose CommentsPermalink
‘(ii) the Administrator approves the plan or plan revision.CommentsClose CommentsPermalink
‘(C) VISIBILITY PROTECTION PLANS- In the case of a Federal implementation plan promulgated after the date of enactment of this subparagraph in place of a State implementation plan under section 169A--CommentsClose CommentsPermalink
‘(i) the Administrator shall promulgate such Federal implementation plan only if the Administrator makes a finding that the State submitting the State implementation plan failed to consider the factors described in paragraphs (1) and (2) of section 169A(g) in preparing and submitting the plan; andCommentsClose CommentsPermalink
‘(ii) compliance with the requirements of such Federal implementation plan shall not be required earlier than 5 years after the date of promulgation.’; andCommentsClose CommentsPermalink
(2) in subsection (k)--CommentsClose CommentsPermalink
(A) by striking paragraph (3) and inserting the following:CommentsClose CommentsPermalink
‘(3) FULL APPROVAL AND DISAPPROVAL-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Except as provided in subparagraphs (B) and (C), in the case of any submission for which the Administrator is required to act under paragraph (2), the Administrator shall approve the submission as a whole if the submission meets all of the applicable requirements of this Act.CommentsClose CommentsPermalink
‘(B) REVIEW- In reviewing any State implementation plan submitted pursuant to section 169A, the Administrator shall limit the review only to a determination of whether the State submitting the State implementation plan considered the factors described in paragraphs (1) and (2) of section 169A(g) in preparing and submitting the plan.CommentsClose CommentsPermalink
‘(C) VISIBILITY PLANS- The Administrator shall approve as a whole any implementation plan submitted pursuant to section 169A that was prepared and submitted after consideration of the factors described in paragraphs (1) and (2) of section 169A(g).’; andCommentsClose CommentsPermalink
(B) in paragraph (5)--CommentsClose CommentsPermalink
(i) in the first sentence, by striking ‘Whenever’ and inserting the following:CommentsClose CommentsPermalink
‘(A) IN GENERAL- Whenever’; andCommentsClose CommentsPermalink
(ii) by adding at the end the following:CommentsClose CommentsPermalink
‘(B) VISIBILITY PLANS- Notwithstanding subparagraph (A), with respect to an implementation plan approved pursuant to section 169A, the Administrator shall only find that such a plan is substantially inadequate to meet standards for air pollutants that cause or contribute to the impairment of visibility, or any other applicable standard or requirement, under that section if the Administrator makes a finding that, in preparing the plan, the submitting State failed to consider the factors described in paragraphs (1) and (2) of section 169A(g).CommentsClose CommentsPermalink
‘(C) EXISTING VISIBILITY PLANS-CommentsClose CommentsPermalink
‘(i) REQUEST FOR REVOCATION- At any time after the date of enactment of this subparagraph--CommentsClose CommentsPermalink
‘(I) a State may request that the existing Federal or State implementation plan for the State regarding visibility, or any determination made in calendar year 2012 or 2013 of best available retrofit technology pursuant to section 169A, be revoked; andCommentsClose CommentsPermalink
‘(II) upon receipt of such a request, the Administrator shall revoke the implementation plan.CommentsClose CommentsPermalink
‘(ii) SUBMISSION OF NEW OR REVISED PLAN- Upon a revocation under clause (i)(II), the State that requested the revocation shall, not later than 2 years after such revocation, submit to the Administrator a new or revised visibility plan in accordance with this Act.’.CommentsClose CommentsPermalink
SEC. 602. VISIBILITY PROTECTION FOR FEDERAL CLASS I AREAS.
Section 169A of the Clean Air Act (
(1) in subsection (b)(2), in the matter preceding subparagraph (A), by striking ‘as may be necessary’ and inserting ‘as the State determines, at the sole discretion of the State after considering factors described in this section and providing adequate opportunity for public comment, may be necessary’; andCommentsClose CommentsPermalink
(2) in subsection (g)--CommentsClose CommentsPermalink
(A) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink
‘(1)(A) in determining reasonable progress, there shall be taken into consideration--CommentsClose CommentsPermalink
‘(i) the costs of compliance;CommentsClose CommentsPermalink
‘(ii) the time necessary for compliance;CommentsClose CommentsPermalink
‘(iii) the energy and nonair quality environmental impacts of compliance;CommentsClose CommentsPermalink
‘(iv) the remaining useful life of any existing source subject to requirements under this section;CommentsClose CommentsPermalink
‘(v) the degree of improvement in visibility that may reasonably be anticipated to result from measures described in the applicable implementation plan; andCommentsClose CommentsPermalink
‘(vi) the economic impacts to the State (including people of the State);CommentsClose CommentsPermalink
‘(B) in consideration of costs of compliance pursuant to subparagraph (A)(i), the State may use source-specific cost estimations developed by a licensed professional engineer as an alternate to other methods of estimation approved by the Administrator; andCommentsClose CommentsPermalink
‘(C) in consideration of the degree of improvement in visibility pursuant to subparagraph (A)(v), the State may use alternate modeling techniques or methods than those prescribed by the Administrator in the Agency’s ‘Guideline on Air Quality Models’ under appendix W to part 51 of title 40, Code of Federal Regulations, and, where available, measured emissions and monitoring data shall be used;’;CommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) by striking ‘(2) in determining best available retrofit technology the State’ and inserting the following:CommentsClose CommentsPermalink
‘(2) in determining the best available retrofit technology--CommentsClose CommentsPermalink
‘(A) the State’;CommentsClose CommentsPermalink
(ii) in subparagraph (A) (as designated by clause (i)), by inserting ‘the economic impacts to the State (including people of the State),’ after ‘life of the source,’;CommentsClose CommentsPermalink
(iii) by striking ‘technology;’ and inserting ‘technology; and’; andCommentsClose CommentsPermalink
(iv) by adding at the end the following:CommentsClose CommentsPermalink
‘(B) in consideration of the costs of compliance pursuant to subparagraph (A), the State may use source-specific cost estimations developed by a licensed professional engineer as an alternate to other methods of estimation approved by the Administrator;CommentsClose CommentsPermalink
‘(C) with respect to consideration of the degree of improvement in visibility pursuant to subparagraph (A)--CommentsClose CommentsPermalink
‘(i) the State may use alternate modeling techniques or methods than those prescribed by the Administrator in the Agency’s ‘Guideline on Air Quality Models’ under appendix W to part 51 of title 40, Code of Federal Regulations;CommentsClose CommentsPermalink
‘(ii) the State may consider the degree of improvement in visibility in the mandatory class I Federal area that is most affected by emissions from the source without considering the degree of improvement in visibility in any other such area; andCommentsClose CommentsPermalink
‘(iii) the Administrator (in any case in which the Administrator has authority to determine emission limitations which reflect such technology) may not consider the degree of improvement in visibility in any area other than the mandatory class I Federal area that is most affected by emissions from the source; andCommentsClose CommentsPermalink
‘(D) the determination of best available retrofit technology by the State for any source shall be subject to review by the Administrator, an administrative entity, or a Federal or State court only pursuant to a clearly erroneous standard of review;’; andCommentsClose CommentsPermalink
(C) in paragraph (4), by striking ‘(or the date of promulgation of such a plan revision in the case of action by the Administrator under section 110(c) for purposes of this section)’.CommentsClose CommentsPermalink
TITLE VII--NO REGIONAL HAZE REGULATION ON THE COAL-POWERED NAVAJO GENERATING STATIONCommentsClose CommentsPermalink
TITLE VII--NO REGIONAL HAZE REGULATION ON THE COAL-POWERED NAVAJO GENERATING STATIONCommentsClose CommentsPermalink
SEC. 701. LIMITATION ON AUTHORITY TO ISSUE REGULATIONS.
The Administrator of the Environmental Protection Agency shall not promulgate any Federal implementation plan pursuant to section 169A or 169B of the Clean Air Act (
(1) adversely impact employment at the coal-powered Navajo Generating Station or other coal-fired power plants and coal mines on tribal lands in northern Arizona;CommentsClose CommentsPermalink
(2) directly or indirectly diminish the revenue received by the Federal Government or any State, tribal or local government by reducing through regulation the amount of coal that is available for mining on Navajo and Hopi Reservation lands;CommentsClose CommentsPermalink
(3) cause a reduction in coal-based revenue to meet financial obligations required by federally authorized Indian water rights settlements, pursuant to section 403(f) of the Colorado River Basin Project Act (
(4) reduce the amount of coal, or increase the cost of coal, available for the Navajo Generating Station’s Federal responsibility to deliver water and power, as authorized by the Colorado River Basin Project Act (
(5) expose the United States to liability for taking the value of tribally-owned coal in northern Arizona through regulation.CommentsClose CommentsPermalink
Passed the House of Representatives September 21, 2012.CommentsClose CommentsPermalink
Attest:CommentsClose CommentsPermalink
Clerk. 112th CONGRESS 2d Session H. R. 3409 AN ACT
Clerk.CommentsClose CommentsPermalink
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