House committee substitute makes the following changes to the 3rd edition:

Changes the long title.

Extends the prohibition/moratorium on the Utilities Commission granting an increase in base rates of an electric public utility for costs related to coal combustion residuals surface impoundments (impoundments) to December 31, 2016 (was, January 15, 2015).

Amends proposed GS 130A-309.202, concerning the Coal Ash Management Commission (Commission), providing changes to specified appointees to the Commission, including requiring one member appointed by the General Assembly and recommended by the the Speaker of the House to have special training or scientific expertise in waste management, including solid waste disposal, hauling, or beneficial use (previously, required the member to be actively employed by, or recently retired from, an industrial manufacturing facility). Requires one member appointed by the Governor to be actively employed by, or recently retired from, an industrial manufacturing facility (previously, required the member to be a representative of an electric membership corporation pursuant to GS 117, Article 2) or be a representative of an electric membership corporation. Amends proposed language concerning the appointment of the Commission Chair, now providing that the Governor will appoint the Chair from among the Commission's members and that person will serve at the pleasure of the Governor, serving two-year terms (previously, the Commission was to have a Chair and Vice-Chair, selected by the Commission members to serve two-year terms). Provides that the Commission will be administratively located in the Department of Environment and Natural Resources (DENR) (previously, the Commission was located in the Division of Emergency Management of the Department of Public Safety). 

Amends proposed GS 130A-309.205, concerning local ordinances that regulate coal ash combustion residuals and products, clarifying that the prohibition and invalidation of local ordinances, zoning regulations, and so forth that regulate or have the effect of regulating the management of coal combustion residuals and coal combustion products within the local government's jurisdiction also include any restrictions or conditions applied to facilities that primarily engage in processes to prepare coal ash for beneficial use, such as carbon burn-out plants.

Amends proposed GS 130A-309.208, changing the deadline for the construction of new or the expansion of existing impoundments to August 1, 2014 (was, July 1, 2014).  

Amends proposed GS 130A-309.209, providing that owners of an impoundment have 90 days after the submittal of the Groundwater Assessment Report or a time-frame otherwise approved by DENR to submit a proposed Groundwater Corrective Action Plan to DENR for its review and approval (the previous edition did not provide for an alternate time-frame approved by DENR). Requires the owner of an impoundment to, in the event that groundwater quality standards are exceeded for water from a drinking water supply well and attributable to the presence of the impoundment, provide potable drinking water within 24 hours of such a determination (previously, was within 30 days). Also requires the owner to provide an alternate supply of water that is safe for other household uses within 30 days of such a determination. Makes conforming changes.

Amends proposed GS 130A-309.215, 130A-309.216, and 130A-309.217, lowering the threshold for requirement applicability for large structural fill projects to 8,000 or more tons of coal combustion products per acre or 80,000 or more tons of coal combustion products in total per project (previously, threshold for the specified requirements to apply to a structural fill project was 10,000 or more tons of coal combustion products per acre or 100,000 or more tons of coal combustion products in total per project). 

Amends proposed GS 130A-309.212, concerning the closure of impoundments, providing that low-risk impoundments are required to comply with the specified closure and post-closure requirements of the NC Administrative Code (Code), except that low-risk impoundments are not required to install and maintain a leachate collection system (previously, required low-risk impoundments to install a leachate system).  Makes conforming changes. Corrects a reference to the Code, now referencing Section .1205 of Subchapter T of Chapter 2 of Title 15A of the Code (was, Section .1200).

Enacts new GS 130A-309.213, Variance authority, allowing the Secretary of DENR to grant a variance to any deadline for the closure of an impoundment pursuant to proposed GS 130A-309.212. Requires the owner of an impoundment to submit an application to DENR with the following required information; (1) identification of the site, (2) applicable requirements and applicable deadlines for which the variance is sought, and (3) detailed information as to why compliance with the deadline cannot be achieved by application of the best available technology found to be economically reasonable at the time and would produce serious hardship without equal or greater benefits to the public. Directs the Secretary of DENR, as soon as practicable, but no later than 60 days from receipt of such an application, to evaluate the application and information submitted to determine whether such information warrants the issuance of a variance.  Within 10 days of issuing a variance the Secretary of DENR must issue a written declaration of the variance that includes findings of fact. Provides for public participation on the proposed variance as provided in GS 130A-309.212(b). Provides for an appeal process for the parties aggrieved, as provided for in GS Chapter 10B, Article 3. 

Makes conforming changes, renumbering proposed sections.

Amends GS 130A-309.216, concerning design and siting requirements for projects using coal combustion products for structural fill, providing that such products, when used as a structural fill, should not be placed within 30 feet of a bedrock outcrop (was, 25 feet). 

Amends proposed GS 130A-309.221, concerning inventory and inspection of structural fill projects, making technical changes to Code citations and adding that the specified structural fill projects will also be inspected to ensure compliance with Section .1200 of Subchapter T of Chapter 2 of Title 15A of the Code. 

Makes technical changes in Part III of the act concerning statutory and Code references.

Amends proposed GS 143-215.27A, concerning closure of impoundments to render such facilities exempt from NC Dam Safety Law, providing that the requirement that the decommissioning request include a statement that the impoundment facility has not received sluiced coal residuals for at least three years can be waived by the Division of Energy, Mineral, and Land Resources if proper evidence is presented by a NC registered professional engineer that the impounded material is not subject to liquid flow behavior. 

Amends GS 143-215.1, concerning the control of sources of water pollution and corrective action required if groundwater standards are exceeded, providing that when operation of a permitted disposal system results in exceedances of the groundwater quality standards at or beyond the compliance boundary, the Environmental Management Commission (EMC) must require a permittee to undertake corrective action, regardless of when the system was first permitted, to restore groundwater quality. Sets out factors to be considered in developing a corrective action plan and schedule, including the extent of the violation of the standards. Directs the permittee to implement the plan and schedule as approved by the EMC Director or designee. 

Directs DENR to review and make recommendations on all the deadlines established under Part 2I of Article 9 and report its findings to the Environmental Review Commission no later than December 1, 2014. 

Deletes language that provided for the creation and funding of 25 positions in DENR to carry out management duties of coal combustion residuals and coal combustion products.  Also deletes language that provided for the creation and funding of 5 positions to provide support for the Coal Ash Management Commission. 

Amends proposed GS 143-58.6, concerning the use of coal combustion products to add that it is the goal of the Department of Administration and the Department of Transportation to increase the usage and consumption of coal combustion products in their respective construction projects.