,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #bbah  ,,in ,,the ,,house ,,of  
,,representatives  ,june #c1 #bjac ,mr4 
,mc,kinley 7for himself1 ,mr4 ,peterson1
 ,mr4 ,whitfield1 ,mr4 ,enyart1 ,mr4    
,rogers of ,kentucky1 ,mr4 ,barrow of   
,georgia1 ,mr4 ,rahall1 ,mr4 ,kind1 ,mr4
 ,johnson of ,ohio1 ,mr4 ,cuellar1 ,mr4 
,stutzman1 ,mr4 ,walz1 ,mrs4 ,capito1   
,mr4 ,womack1 ,mr4 ,harper1 ,ms4        
,jenkins1 ,mr4 ,gibbs1 ,mrs4 ,blackburn1
 ,mr4 ,nunnelee1 ,mr4 ,gosar1 ,mr4      
,barletta1 ,mr4 ,matheson1 ,mr4         
,stivers1 ,mr4 ,long1 ,mr4 ,guthrie1    
,mr4 ,barr1 ,mr4 ,rokita1 ,mrs4         
,ellmers1 ,mr4 ,young of ,indiana1 ,mr4 
,bucshon1 ,mrs4 ,lummis1 ,mr4 ,renacci1 
,mr4 ,bishop of ,georgia1 ,mr4 ,thompson
 of ,mississippi1 ,mr4 ,shimkus1 and    
,mr4 ,kelly of ,pennsylvania7 introduced
 the following bill2 which was referred 
to the ,committee on ,energy and        
,commerce  ,a ,,bill  ,to amend subtitle
 ,d of the ,solid ,waste ,disposal ,act 
to encourage recovery and beneficial use

 of coal combustion residuals and       
establish requirements for the proper   
management and disposal of coal         
combustion residuals that are protective
 of human health and the environment4   
#a4 ,short title and table of contents  
7a7 ,short title ,this ,act may be cited
 as the ,coal ,residuals ,reuse and     
,management ,act of #bjac4  7b7 ,table  
of contents ,the table of contents for  
this ,act is as follows3  ,sec4 #a4     
,short title and table of contents4     
,sec4 #b4 ,management and disposal of   
coal combustion residuals4 ,sec4 #c4    
#bjjj regulatory determination4 ,sec4   
#d4 ,technical assistance4 ,sec4 #e4    
,federal ,power ,act4  #b4 ,management  
and disposal of coal combustion         
residuals  7a7 ,in general ,subtitle ,d 
of the ,solid ,waste ,disposal ,act 7#db
 ,u4,s4,c4 #fida et seq47 is amended by 
adding at the end the following3  #djaa4
 ,management and disposal of coal       
combustion residuals  7a7 ,state permit 
programs for coal combustion residuals  

,each ,state may adopt1 implement1 and  
enforce a coal combustion residuals     
permit program if such ,state provides  
the notification required under         
subsection 7b77#a71 and the             
certification required under subsection 
7b77#b74  7b7 ,state actions  7#a7      
,notification ,not later than #f months 
after the date of enactment of this     
section 7except as provided by the      
deadline identified under subsection    
7d77#c77;,b771 the ,governor of each    
,state shall notify the ,administrator1 
in writing1 whether such ,state will    
adopt and implement a coal combustion   
residuals permit program4  7#b7         
,certification  7,a7 ,in general ,not   
later than #cf months after the date of 
enactment of this section 7except as    
provided in subsection 7f77#a77;,a771 in
 the case of a ,state that has notified 
the ,administrator that it will         
implement a coal combustion residuals   
permit program1 the head of the lead    
,state implementing agency shall submit 

to the ,administrator a certification   
that such coal combustion residuals     
permit program meets the requirements   
described in subsection 7c74  7,b7      
,contents ,a certification submitted    
under this paragraph shall include--    
7i7 a letter identifying the lead ,state
 implementing agency1 signed by the head
 of such agency2  7ii7 identification of
 any other ,state agencies involved with
 the implementation of the coal         
combustion residuals permit program2    
7iii7 an explanation of how the ,state  
coal combustion residuals permit program
 meets the requirements of this section1
 including a description of the         
,state's--  7,i7 process to inspect or  
otherwise determine compliance with such
 permit program2  7,,ii7 process to     
enforce the requirements of such permit 
program2  7,,iii7 public participation  
process for the promulgation1 amendment1
 or repeal of regulations for1 and the  
issuance of permits under1 such permit  
program2  7,,iv7 statutes1 regulations1 

or policies pertaining to public access 
to information1 such as groundwater     
monitoring data2 and  7,v7 statutes1    
regulations1 or policies pertaining to  
structural integrity or dam safety that 
may be applied to structures through    
such permit program2  7iv7 a            
certification that the ,state has in    
effect1 at the time of certification1   
statutes or regulations necessary to    
implement a coal combustion residuals   
permit program that meets the           
requirements described in subsection    
7c72 and  7v7 copies of ,state statutes 
and regulations described in clause     
7iv74  7,c7 ,updates ,a ,state may      
update the certification as needed to   
reflect changes to the coal combustion  
residuals permit program4  7#c7         
,maintenance of #djje7;c7 or #cjjf      
program ,in order to adopt or implement 
a coal combustion residuals permit      
program under this section 7including   
pursuant to subsection 7f771 the ,state 
implementing agency shall maintain an   

approved permit program or other system 
of prior approval and conditions under  
section #djje7;c7 or an authorized      
program under section #cjjf4  7c7       
,requirements for a coal combustion     
residuals permit program ,a coal        
combustion residuals permit program     
shall consist of the following3  7#a7   
,general requirements  7,a7 ,in general 
,the implementing agency shall--  7i7   
apply the subset of the revised criteria
 described in paragraph 7#b7 to owners  
or operators of structures1 including   
surface impoundments1 that receive coal 
combustion residuals on or after the    
date of enactment of this section2  7ii7
 with respect to structures that are    
receiving coal combustion residuals as  
of the date of enactment of this        
section1 take the actions required under
 paragraph 7#c72  7iii7 impose          
requirements for surface impoundments   
that do not meet certain criteria       
pursuant to paragraph 7#d72 and  7iv7   
require that closure of structures occur

 in accordance with paragraph 7#e74     
7,b7 ,structural integrity  7i7         
,engineering certification ,the         
implementing agency shall require that  
an independent registered professional  
engineer certify that--  7,i7 the design
 of each structure that receives coal   
combustion residuals on or after the    
date of enactment of this section 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 therein2 and     
7,,ii7 the construction and maintenance 
of the structure will ensure structural 
stability4  7ii7 ,emergency action plan 
,the implementing agency shall require  
that the owner or operator of any       
structure that is a surface impoundment 
that receives coal combustion residuals 
on or after the date of enactment of    
this section and that is classified by  
the ,state as posing a high hazard      
potential pursuant to the guidelines    

published by the ,federal ,emergency    
,management ,agency entitled ,federal   
,guidelines for ,dam ,safety3 ,hazard   
,potential ,classification ,system for  
,dams 7,,fema ,publication ,number #ccc7
 prepare and maintain an emergency      
action plan that identifies responsible 
persons and actions to be taken in the  
event of a dam safety emergency4  7iii7 
,inspection  7,i7 ,in general ,the      
implementing agency shall require that  
structures that are surface impoundments
 that receive coal combustion residuals 
on or after the date of enactment of    
this section be inspected not less than 
annually by an independent registered   
professional engineer to assure that the
 design1 operation1 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 therein1 so as to
 ensure dam stability4  7,,ii7          

,potentially hazardous conditions ,the  
implementing agency shall require that  
if an inspection under subclause 7,i71  
or a periodic evaluation under clause   
7iv71 reveals a potentially hazardous   
condition1 the owner or operator of the 
structure shall immediately take action 
to mitigate the potentially hazardous   
condition and notify appropriate ,state 
and local first responders4  7iv7       
,periodic evaluation ,the implementing  
agency shall require that structures    
that are surface impoundments that      
receive coal combustion residuals on or 
after the date of enactment of this     
section be periodically evaluated for   
appearances of structural weakness4  7v7
 ,deficiency  7,i7 ,in general ,if the  
head of the implementing agency         
determines that a structure is deficient
 with respect to the requirements in    
clause 7i71 7iii71 or 7iv71 the head of 
the agency has the authority to require 
action to correct the deficiency        
according to a schedule determined by   

the agency4  7,,ii7 ,uncorrected        
deficiencies ,if a deficiency is not    
corrected according to the schedule1 the
 head of the implementing agency has the
 authority to require that the structure
 close in accordance with paragraph     
7#e74  7,,iii7 ,dam safety consultation 
,in the case of a structure that is a   
surface impoundment1 the head of the    
implementing agency shall1 in making a  
determination under subclause 7,i71     
consult with appropriate ,state dam     
safety officials4  7,c7 ,location ,the  
implementing agency shall require that  
structures that first receive coal      
combustion residuals on or after the    
date of enactment of this section shall 
be constructed with a base located a    
minimum of #b feet above the upper limit
 of the water table1 unless it is       
demonstrated to the satisfaction of the 
implementing agency that--  7i7 the     
hydrogeologic characteristics of a      
structure and surrounding land would    
preclude such a requirement2 and  7ii7  

the function and integrity of the liner 
system will not be adversely impacted by
 contact with the water table4  7,d7    
,wind dispersal  7i7 ,in general ,the   
implementing agency shall require that  
owners or operators of structures that  
receive coal combustion residuals on or 
after the date of enactment of this     
section address wind dispersal of dust  
by requiring cover1 or by wetting coal  
combustion residuals with water to a    
moisture content that prevents wind     
dispersal1 facilitates compaction1 and  
does not result in free liquids4  7ii7  
,alternative methods ,subject to the    
review and approval by the implementing 
agency1 owners or operators of          
structures that receive coal combustion 
residuals on or after the date of       
enactment of this section may propose   
alternative methods to address wind     
dispersal of dust that will provide     
comparable or more effective control of 
dust4  7,e7 ,permits ,the implementing  
agency shall require that owners or     

operators of structures that receive    
coal combustion residuals on or after   
the date of enactment of this section   
apply for and obtain permits            
incorporating the requirements of the   
coal combustion residuals permit        
program4  7,f7 ,public availability of  
information ,except for information with
 respect to which disclosure is         
prohibited under section #aije of title 
#ah1 ,united ,states ,code1 the         
implementing agency shall ensure that-- 
7i7 documents for permit determinations 
are made available for public review and
 comment under the public participation 
process described in subsection         
7b77#b77;,b77iii77,,iii7 or in          
subsection 7e77#f71 as applicable2  7ii7
 final determinations on permit         
applications are made known to the      
public2 and  7iii7 groundwater          
monitoring data collected under         
paragraph 7#b7 is publicly available4   
7,g7 ,agency authority  7i7 ,in general 
,the implementing agency has the        

authority to--  7,i7 obtain information 
necessary to determine whether the owner
 or operator of a structure is in       
compliance with the requirements of this
 subsection2  7,,ii7 conduct or require 
monitoring and testing to ensure that   
structures are in compliance with the   
requirements of this subsection2 and    
7,,iii7 enter1 at reasonable times1 any 
site or premise subject to the coal     
combustion residuals permit program for 
the purpose of inspecting structures and
 reviewing records relevant to the      
design1 operation1 and maintenance of   
structures4  7ii7 ,monitoring and       
testing ,if monitoring or testing is    
conducted under clause 7i77,,ii7 by or  
for the implementing agency1 the        
implementing agency shall1 if requested1
 provide to the owner or operator--     
7,i7 a written description of the       
monitoring or testing completed2  7,,ii7
 at the time of sampling1 a portion of  
each sample equal in volume or weight to
 the portion retained by or for the     

implementing agency2 and  7,,iii7 a copy
 of the results of any analysis of      
samples collected by or for the         
implementing agency4  7#b7 ,revised     
criteria ,the subset of the revised     
criteria referred to in paragraph       
7#a77;,a77i7 are as follows3  7,a7      
,design requirements ,for new           
structures1 and lateral expansions of   
existing structures1 that first receive 
coal combustion residuals on or after   
the date of enactment of this section1  
the revised criteria regarding design   
requirements described in section       
#beh4dj of title #dj1 ,code of ,federal 
,regulations1 except that the leachate  
collection system requirements described
 in section #beh4dj7;a77#b7 of title    
#dj1 ,code of ,federal ,regulations1 do 
not apply to structures that are surface
 impoundments4  7,b7 ,groundwater       
monitoring and corrective action ,for   
all structures that receive coal        
combustion residuals on or after the    
date of enactment of this section1 the  

revised criteria regarding groundwater  
monitoring and corrective action        
requirements described in subpart ,e of 
part #beh of title #dj1 ,code of        
,federal ,regulations1 except that1 for 
the purposes of this subparagraph1 the  
revised criteria shall also include--   
7i7 for the purposes of detection       
monitoring1 the constituents boron1     
chloride1 conductivity1 fluoride1       
mercury1 p,h1 sulfate1 sulfide1 and     
total dissolved solids2 and  7ii7 for   
the purposes of assessment monitoring1  
establishing a groundwater protection   
standard1 and assessment of corrective  
measures1 the constituents aluminum1    
boron1 chloride1 fluoride1 iron1        
manganese1 molybdenum1 p,h1 sulfate1 and
 total dissolved solids4  7,c7 ,closure 
,for all structures that receive coal   
combustion residuals on or after the    
date of enactment of this section1 in a 
manner consistent with paragraph 7#e71  
the revised criteria for closure        
described in subsections 7a7 through 7c7

 and 7h7 through 7j7 of section #beh4fj 
of title #dj1 ,code of ,federal         
,regulations4  7,d7 ,post-closure ,for  
all structures that receive coal        
combustion residuals on or after the    
date of enactment of this section1 the  
revised criteria for post-closure care  
described in section #beh4fa of title   
#dj1 ,code of ,federal ,regulations1    
except for the requirement described in 
subsection 7a77#d7 of that section4     
7,e7 ,location restrictions ,the revised
 criteria for location restrictions     
described in--  7i7 for new structures1 
and lateral expansions of existing      
structures1 that first receive coal     
combustion residuals on or after the    
date of enactment of this section1      
sections #beh4aa through #beh4ae of     
title #dj1 ,code of ,federal            
,regulations2 and  7ii7 for existing    
structures that receive coal combustion 
residuals on or after the date of       
enactment of this section1 sections     
#beh4aa and #beh4ae of title #dj1 ,code 

of ,federal ,regulations4  7,f7 ,air    
quality ,for all structures that receive
 coal combustion residuals on or after  
the date of enactment of this section1  
the revised criteria for air quality    
described in section #beh4bd of title   
#dj1 ,code of ,federal ,regulations4    
7,g7 ,financial assurance ,for all      
structures that receive coal combustion 
residuals on or after the date of       
enactment of this section1 the revised  
criteria for financial assurance        
described in subpart ,g of part #beh of 
title #dj1 ,code of ,federal            
,regulations4  7,h7 ,surface water ,for 
all structures that receive coal        
combustion residuals on or after the    
date of enactment of this section1 the  
revised criteria for surface water      
described in section #beh4bg of title   
#dj1 ,code of ,federal ,regulations4    
7,i7 ,recordkeeping ,for all structures 
that receive coal combustion residuals  
on or after the date of enactment of    
this section1 the revised criteria for  

recordkeeping described in section      
#beh4bi of title #dj1 ,code of ,federal 
,regulations4  7,j7 ,run-on and run-off 
control systems for land-based units    
,for all landfills and other land-based 
units1 other than surface impoundments1 
that receive coal combustion residuals  
on or after the date of enactment of    
this section1 the revised criteria for  
run-on and run-off control systems      
described in section #beh4bf of title   
#dj1 ,code of ,federal ,regulations4    
7,k7 ,run-off control systems for       
surface impoundments ,for all surface   
impoundments that receive coal          
combustion residuals on or after the    
date of enactment of this section1 the  
revised criteria for run-off control    
systems described in section            
#beh4bf7;a77#b7 of title #dj1 ,code of  
,federal ,regulations4  7#c7 ,permit    
program implementation for existing     
structures  7,a7 ,notification ,not     
later than the date on which a ,state   
submits a certification under subsection

 7b77#b71 not later than #cj months     
after the ,administrator receives notice
 under subsection 7e77#a77;,a71 or not  
later than #cf months after the date of 
enactment of this section with respect  
to a coal combustion residuals permit   
program that is being implemented by the
 ,administrator under subsection        
7e77#c71 as applicable1 the implementing
 agency shall notify owners or operators
 of structures that are receiving coal  
combustion residuals as of the date of  
enactment of this section within the    
,state of--  7i7 the obligation to apply
 for and obtain a permit under          
subparagraph 7,c72 and  7ii7 the        
requirements referred to in subparagraph
 7,b74  7,b7 ,compliance with certain   
requirements ,not later than #ab months 
after the date on which a ,state submits
 a certification under subsection       
7b77#b71 not later than #db months after
 the ,administrator receives notice     
under subsection 7e77#a77;,a71 or not   
later than #dh months after the date of 

enactment of this section with respect  
to a coal combustion residuals permit   
program that is being implemented by the
 ,administrator under subsection        
7e77#c71 as applicable1 the implementing
 agency shall require owners or         
operators of structures that are        
receiving coal combustion residuals as  
of the date of enactment of this section
 to comply with--  7i7 the requirements 
under paragraphs 7#a77;,b77ii71         
7#a77;,d71 7#b77;,b71 7#b77;,f71        
7#b77;,h71 7#b77;,j71 and 7#b77,k72 and 
7ii7 the groundwater recordkeeping      
requirement described in section        
#beh4bi7;a77#e7 of title #dj1 ,code of  
,federal ,regulations4  7,c7  ,permits  
7i7 ,permit deadline ,not later than #dh
 months after the date on which a ,state
 submits a certification under          
subsection 7b77#b71 not later than #gh  
months after the ,administrator receives
 notice under subsection 7e77#a77;,a71  
or not later than #hd months after the  
date of enactment of this section with  

respect to a coal combustion residuals  
permit program that is being implemented
 by the ,administrator under subsection 
7e77#c71 as applicable1 the implementing
 agency shall issue1 with respect to a  
structure that is receiving coal        
combustion residuals as of the date of  
enactment of this section1 a final      
permit incorporating the requirements of
 the coal combustion residuals permit   
program1 or a final denial for an       
application submitted requesting such a 
permit4  7ii7 ,application deadline ,the
 implementing agency shall identify1 in 
collaboration with the owner or operator
 of a structure described in clause 7i71
 a reasonable deadline by which the     
owner or operator shall submit a permit 
application under such clause4  7,d7    
,interim operation  7i7 ,prior to       
deadlines ,with respect to any period of
 time on or after the date of enactment 
of this section but prior to the        
applicable deadline in subparagraph     
7,b71 the owner or operator of a        

structure that is receiving coal        
combustion residuals as of the date of  
enactment of this section may continue  
to operate such structure until such    
applicable deadline under the applicable
 authority in effect4  7ii7 ,prior to   
permit ,unless the implementing agency  
determines that the structure should    
close pursuant to paragraph 7#e71 if the
 owner or operator of a structure that  
is receiving coal combustion residuals  
as of the date of enactment of this     
section meets the requirements referred 
to in subparagraph 7,b7 by the          
applicable deadline in such             
subparagraph1 the owner or operator may 
operate the structure until such time as
 the implementing agency issues1 under  
subparagraph 7,c71 a final permit       
incorporating the requirements of the   
coal combustion residuals permit        
program1 or a final denial for an       
application submitted requesting such a 
permit4  7#d7 ,requirements for surface 
impoundments that do not meet certain   

criteria  7,a7 ,surface impoundments    
that require assessment of corrective   
measures within #aj years of the date of
 enactment  7i7 ,in general ,in addition
 to the groundwater monitoring and      
corrective action requirements described
 in paragraph 7#b77;,b71 the            
implementing agency shall require a     
surface impoundment that receives coal  
combustion residuals on or after the    
date of enactment of this section to    
comply with the requirements in clause  
7ii7 of this subparagraph and clauses   
7i7 and 7ii7 of subparagraph 7,d7 if the
 surface impoundment--  7,i7 does not-- 
7aa7 have a liner system described in   
section #beh4dj7;b7 of title #dj1 ,code 
of ,federal ,regulations2 and  7bb7 meet
 the design criteria described in       
section #beh4dj7;a77#a7 of title #dj1   
,code of ,federal ,regulations2 and     
7,,ii7 within #aj years after the date  
of enactment of this section1 is        
required under section #beh4ef7;a7 of   
title #dj1 ,code of ,federal            

,regulations1 to undergo an assessment  
of corrective measures for any          
constituent covered under subpart ,e of 
part #beh of title #dj1 ,code of        
,federal ,regulations1 or otherwise     
identified in paragraph 7#b77;,b77ii7 of
 this subsection1 for which assessment  
groundwater monitoring is required4     
7ii7 ,deadline to meet groundwater      
protection standard ,except as provided 
in subparagraph 7,c71 the implementing  
agency shall require that the           
groundwater protection standard1 for    
surface impoundments identified in      
clause 7i7 of this subparagraph1        
established by the implementing agency  
under section #beh4ee7;h7 or #beh4ee7;i7
 of title #dj1 ,code of ,federal        
,regulations1 for any constituent for   
which corrective measures are required  
shall be met--  7,i7 as soon as         
practicable at the relevant point of    
compliance1 as described in section     
#beh4dj7;d7 of title #dj1 ,code of      
,federal ,regulations2 and  7,,ii7 not  

later than #aj years after the date of  
enactment of this section4  7,b7        
,surface impoundments subject to a state
 corrective action requirement as of the
 date of enactment  7i7 ,in general ,in 
addition to the groundwater monitoring  
and corrective action requirements      
described in paragraph 7#b77;,b71 the   
implementing agency shall require a     
surface impoundment that receives coal  
combustion residuals on or after the    
date of enactment of this section to    
comply with the requirements in clause  
7ii7 of this subparagraph and clauses   
7i7 and 7ii7 of subparagraph 7,d7 if the
 surface impoundment--  7,i7 does not-- 
7aa7 have a liner system described in   
section #beh4dj7;b7 of title #dj1 ,code 
of ,federal ,regulations2 and  7bb7 meet
 the design criteria described in       
section #beh4dj7;a77#a7 of title #dj1   
,code of ,federal ,regulations2 and     
7,,ii7 as of the date of enactment of   
this section1 is subject to a ,state    
corrective action requirement4  7ii7    

,deadline to meet groundwater protection
 standard ,except as provided in        
subparagraph 7,c71 the implementing     
agency shall require that the           
groundwater protection standard1 for    
surface impoundments identified in      
clause 7i7 of this subparagraph1        
established by the implementing agency  
under section #beh4ee7;h7 or #beh4ee7;i7
 of title #dj1 ,code of ,federal        
,regulations1 for any constituent for   
which corrective measures are required  
shall be met--  7,i7 as soon as         
practicable at the relevant point of    
compliance1 as described in section     
#beh4dj7;d7 of title #dj1 ,code of      
,federal ,regulations2 and  7,,ii7 not  
later than #h years after the date of   
enactment of this section4  7,c7        
,extension of deadline  7i7 ,in general 
,except as provided in clause 7ii7 of   
this subparagraph1 the deadline for     
meeting a groundwater protection        
standard under subparagraph 7,a77ii7 or 
7,b77ii7 may be extended by the         

implementing agency1 after opportunity  
for public notice and comment under the 
public participation process described  
in subsection 7b77#b77;,b77iii77,,iii71 
or in subsection 7e77#f7 based on--     
7,i7 the effectiveness of any interim   
measures implemented by the owner or    
operator of the facility under section  
#beh4eh7;a77#c7 of title #dj1 ,code of  
,federal ,regulations2  7,,ii7 the level
 of progress demonstrated in meeting the
 groundwater protection standard2       
7,,iii7 the potential for other adverse 
human health or environmental exposures 
attributable to the contamination from  
the surface impoundment undergoing      
corrective action2 and  7,,iv7 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 efforts1
 as necessary1 to design1 obtain any    
necessary permits1 finance1 construct1  

and render operational the alternative  
management capacity during the time     
period for meeting a groundwater        
protection standard in subparagraph     
7,a77ii7 or 7,b77ii74  7ii7 ,exception  
,the deadline under subparagraph        
7,a77ii7 or 7,b77ii7 shall not be       
extended if there has been contamination
 of public or private drinking water    
systems attributable to a surface       
impoundment undergoing corrective       
action1 unless the contamination has    
been addressed by providing a permanent 
replacement water system4  7,d7         
,additional requirements  7i7 ,closure  
,if the deadline under subparagraph     
7,a77ii71 7,b77ii71 or 7,c7 is not      
satisfied1 the surface impoundment shall
 cease receiving coal combustion        
residuals and initiate closure under    
paragraph 7#e74  7ii7 ,interim measures 
7,i7 ,in general ,except as provided in 
subclause 7,,ii71 not later than #ij    
days after the date on which the        
assessment of corrective measures is    

initiated1 the owner or operator of a   
surface impoundment described in        
subparagraph 7,a7 or 7,b7 shall         
implement interim measures1 as          
necessary1 under the factors in section 
#beh4eh7;a77#c7 of title #dj1 ,code of  
,federal ,regulations4  7,,ii7          
,impoundments subject to state          
corrective action requirement as of the 
date of enactment ,subclause 7,i7 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 measures1  
as necessary1 under the factors in      
section #beh4eh7;a77#c7 of title #dj1   
,code of ,federal ,regulations4  7,e7   
,surface impoundments that require      
assessment of corrective measures more  
than #aj years after date of enactment  
7i7 ,in general ,in addition to the     
groundwater monitoring and corrective   
action requirements described in        
paragraph 7#b77;,b71 the implementing   

agency shall require a surface          
impoundment that receives coal          
combustion residuals on or after the    
date of enactment of this section to    
comply with the requirements in clause  
7ii7 if the surface impoundment--  7,i7 
does not--  7aa7 have a liner system    
described in section #beh4dj7;b7 of     
title #dj1 ,code of ,federal            
,regulations2 and  7bb7 meet the design 
criteria described in section           
#beh4dj7;a77#a7 of title #dj1 ,code of  
,federal ,regulations2 and  7,,ii7 more 
than #aj years after the date of        
enactment of this section1 is required  
under section #beh4ef7;a7 title #dj1    
,code of ,federal ,regulations1 to      
undergo an assessment of corrective     
measures for any constituent covered    
under subpart ,e of part #beh of title  
#dj1 ,code of ,federal ,regulations1 or 
otherwise identified in paragraph       
7#b77;,b77ii7 of this subsection1 for   
which assessment groundwater monitoring 
is required4  7ii7 ,requirements  7,i7  

,closure ,the surface impoundments      
identified in clause 7i7 shall cease    
receiving coal combustion residuals and 
initiate closure in accordance with     
paragraph 7#e7 after alternative        
management capacity at the facility is  
available for the coal combustion       
residuals and related materials managed 
in the impoundment4  7,,ii7 ,best       
efforts ,the alternative management     
capacity shall be developed as soon as  
practicable with the owner or operator  
using best efforts to design1 obtain    
necessary permits for1 finance1         
construct1 and render operational the   
alternative management capacity4        
7,,iii7 ,alternative capacity management
 plan ,the owner or operator shall1 in  
collaboration with the implementing     
agency1 prepare a written plan that     
describes the steps necessary to develop
 the alternative management capacity and
 includes a schedule for completion4    
7,,iv7 ,public participation ,the plan  
described in subclause 7,,iii7 shall be 

subject to public notice and comment    
under the public participation process  
described in subsection                 
7b77#b77;,b77iii77,,iii7 or in          
subsection 7e77#f71 as applicable4  7#e7
 ,closure  7,a7 ,in general ,if it is   
determined by the implementing agency   
that a structure should close because   
the requirements of a coal combustion   
residuals permit program are not being  
satisfied with respect to such          
structure1 or if it is determined by the
 owner or operator that a structure     
should close1 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 of
 closure as soon as practicable and that
 takes into account the nature and the  
site-specific characteristics of the    
structure to be closed4  7,b7 ,surface  
impoundment ,in the case of a surface   
impoundment1 the closure plan under     
subparagraph 7,a7 shall require1 at a   
minimum1 the removal of liquid and the  

stabilization of remaining waste1 as    
necessary to support the final cover4   
7d7 ,federal review of ,state permit    
programs  7#a7 ,in general ,the         
,administrator shall provide to a ,state
 written notice and an opportunity to   
remedy deficiencies in accordance with  
paragraph 7#c7 if at any time the       
,state--  7,a7 does not satisfy the     
notification requirement under          
subsection 7b77#a72  7,b7 has not       
submitted a certification required under
 subsection 7b77#b72  7,c7 does not     
satisfy the maintenance requirement     
under subsection 7b77#c72  7,d7 is not  
implementing a coal combustion residuals
 permit program1 with respect to which  
the ,state has submitted a certification
 under subsection 7b77#b71 that meets   
the requirements described in subsection
 7c72  7,e7 is not implementing a coal  
combustion residuals permit program1    
with respect to which the ,state has    
submitted a certification under         
subsection 7b77#b7--  7i7 that is       

consistent with such certification2 and 
7ii7 for which the ,state continues to  
have in effect statutes or regulations  
necessary to implement such program2 or 
7,f7 does not make available to the     
,administrator1 within #ij days of a    
written request1 specific information   
necessary for the ,administrator to     
ascertain whether the ,state has        
satisfied the requirements described in 
subparagraphs 7,a7 through 7,e74  7#b7  
,request ,if a request described in     
paragraph 7#a77;,f7 is proposed pursuant
 to a petition to the ,administrator1   
the ,administrator shall only make the  
request if the ,administrator does not  
possess the information necessary to    
ascertain whether the ,state has        
satisfied the requirements described in 
subparagraphs 7,a7 through 7,e7 of such 
paragraph4  7#c7 ,contents of notice2   
deadline for response ,a notice provided
 under paragraph 7#a7 shall--  7,a7     
include findings of the ,administrator  
detailing any applicable deficiencies   

described in subparagraphs 7,a7 through 
7,f7 of paragraph 7#a72 and  7,b7       
identify1 in collaboration with the     
,state1 a reasonable deadline by which  
the ,state shall remedy such applicable 
deficiencies1 which shall be--  7i7 in  
the case of a deficiency described in   
subparagraphs 7,a7 through 7,e7 of      
paragraph 7#a71 not earlier than #ahj   
days after the date on which the ,state 
receives the notice2 and  7ii7 in the   
case of a deficiency described in       
paragraph 7#a77;,f71 not later than #ij 
days after the date on which the ,state 
receives the notice4  7#d7 ,criteria for
 determining deficiency of ,state permit
 program ,in making a determination     
whether a ,state has failed to satisfy  
the requirements described in           
subparagraphs 7,a7 through 7,e7 of      
paragraph 7#a71 or a determination under
 subsection 7e77#a77;,b71 the           
,administrator shall consider1 as       
appropriate--  7,a7 whether the ,state's
 statutes or regulations to implement a 

coal combustion residuals permit program
 are not sufficient to meet the         
requirements described in subsection 7c7
 because of--  7i7 failure of the ,state
 to promulgate or enact new statutes or 
regulations when necessary2 or  7ii7    
action by a ,state legislature or court 
striking down or limiting such ,state   
statutes or regulations2  7,b7 whether  
the operation of the ,state coal        
combustion residuals permit program     
fails to comply with the requirements of
 subsection 7c7 because of--  7i7       
failure of the ,state to issue permits  
as required in subsection 7c77#a77;,e72 
7ii7 repeated issuance of permits by the
 ,state which do not meet the           
requirements of subsection 7c72  7iii7  
failure of the ,state to comply with the
 public participation requirements of   
this section2 or  7iv7 failure of the   
,state to implement corrective action   
requirements as described in subsection 
7c77#b77;,b72 and  7,c7 whether the     
enforcement of a ,state coal combustion 

residuals permit program fails to comply
 with the requirements of this section  
because of--  7i7 failure to act on     
violations of permits1 as identified by 
the ,state2 or  7ii7 repeated failure by
 the ,state to inspect or otherwise     
determine compliance pursuant to the    
process identified in subsection        
7b77#b77;,b77iii77,i74  7e7             
,implementation by ,administrator  7#a7 
,federal backstop authority ,the        
,administrator shall implement a coal   
combustion residuals permit program for 
a ,state only if--  7,a7 the ,governor  
of the ,state notifies the              
,administrator under subsection 7b77#a7 
that the ,state will not adopt and      
implement a permit program2  7,b7 the   
,state has received a notice under      
subsection 7d7 and the ,administrator   
determines1 after providing a #cj-;day  
period for notice and public comment1   
that the ,state has failed1 by the      
deadline identified in the notice under 
subsection 7d77#c77;,b71 to remedy the  

deficiencies detailed in the notice     
under subsection 7d77#c77;,a72 or  7,c7 
the ,state informs the ,administrator1  
in writing1 that such ,state will no    
longer implement such a permit program4 
7#b7 ,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      
#gjjf4  7#c7 ,other structures ,for     
structures that receive coal combustion 
residuals on or after the date of       
enactment of this section located on    
property within the exterior boundaries 
of a ,state that the ,state does not    
have authority or jurisdiction to       
regulate1 the ,administrator shall      
implement a coal combustion residuals   
permit program only for those           
structures4  7#d7 ,requirements ,if the 
,administrator implements a coal        
combustion residuals permit program for 
a ,state under paragraph 7#a7 or 7#c71  
the permit program shall consist of the 

requirements described in subsection    
7c74  7#e7 ,enforcement  7,a7 ,in       
general ,if the ,administrator          
implements a coal combustion residuals  
permit program for a ,state under       
paragraph 7#a7--  7i7 the authorities   
referred to in section                  
#djje7;c77#b77;,a7 shall apply with     
respect to coal combustion residuals and
 structures for which the ,administrator
 is implementing the coal combustion    
residuals permit program2 and  7ii7 the 
,administrator may use those authorities
 to inspect1 gather information1 and    
enforce the requirements of this section
 in the ,state4  7,b7 ,other structures 
,if the ,administrator implements a coal
 combustion residuals permit program    
under paragraph 7#c7--  7i7 the         
authorities referred to in section      
#djje7;c77#b77;,a7 shall apply with     
respect to coal combustion residuals and
 structures for which the ,administrator
 is implementing the coal combustion    
residuals permit program2 and  7ii7 the 

,administrator may use those authorities
 to inspect1 gather information1 and    
enforce the requirements of this section
 for the structures for which the       
,administrator is implementing the coal 
combustion residuals permit program4    
7#f7 ,public participation process ,if  
the ,administrator implements a coal    
combustion residuals permit program for 
a ,state under this subsection1 the     
,administrator shall provide a #cj-;day 
period for the public participation     
process required in paragraphs          
7#a77;,f77i71 7#d77;,c77i71 and         
7#d77;,e77ii77,,iv7 of subsection 7c74  
7f7 ,state control after implementation 
by ,administrator  7#a7 ,state control  
7,a7 ,new adoption1 or resumption of1   
and implementation by ,state ,for a     
,state for which the ,administrator is  
implementing a coal combustion residuals
 permit program under subsection        
7e77#a77;,a71 or subsection             
7e77#a77;,c71 the ,state may adopt and  
implement such a permit program by--    

7i7 notifying the ,administrator that   
the ,state will adopt and implement such
 a permit program2  7ii7 not later than 
#f months after the date of such        
notification1 submitting to the         
,administrator a certification under    
subsection 7b77#b72 and  7iii7 receiving
 from the ,administrator--  7,i7 a      
determination1 after providing a        
#cj-;day period for notice and public   
comment1 that the ,state coal combustion
 residuals permit program meets the     
requirements described in subsection    
7c72 and  7,,ii7 a timeline for         
transition of control of the coal       
combustion residuals permit program4    
7,b7 ,remedying deficient permit program
 ,for a ,state for which the            
,administrator is implementing a coal   
combustion residuals permit program     
under subsection 7e77#a77;,b71 the      
,state may adopt and implement such a   
permit program by--  7i7 remedying only 
the deficiencies detailed in the notice 
pursuant to subsection 7d77#c77;,a72 and

  7ii7 receiving from the               
,administrator--  7,i7 a determination1 
after providing a #cj-;day period for   
notice and public comment1 that the     
deficiencies detailed in such notice    
have been remedied2 and  7,,ii7 a       
timeline for transition of control of   
the coal combustion residuals permit    
program4  7#b7 ,review of determination 
7,a7 ,determination required ,the       
,administrator shall make a             
determination under paragraph 7#a7 not  
later than #ij days after the date on   
which the ,state submits a certification
 under paragraph 7#a77;,a77ii71 or      
notifies the ,administrator that the    
deficiencies have been remedied pursuant
 to paragraph 7#a77;,b77i71 as          
applicable4  7,b7 ,review ,a ,state may 
obtain a review of a determination by   
the ,administrator under paragraph 7#a7 
as if such determination was a final    
regulation for purposes of section      
#gjjf4  7#c7 ,implementation during     
transition  7,a7 ,effect on actions and 

orders ,program requirements of1 and    
actions taken or orders issued pursuant 
to1 a coal combustion residuals permit  
program shall remain in effect if--  7i7
 a ,state takes control of its coal     
combustion residuals permit program from
 the ,administrator under paragraph     
7#a72 or  7ii7 the ,administrator takes 
control of a coal combustion residuals  
permit program from a ,state under      
subsection 7e74  7,b7 ,change in        
requirements ,subparagraph 7,a7 shall   
apply to such program requirements1     
actions1 and orders until such time as--
  7i7 the implementing agency changes   
the requirements of the coal combustion 
residuals permit program with respect to
 the basis for the action or order2 or  
7ii7 the ,state or the ,administrator1  
whichever took the action or issued the 
order1 certifies the completion of a    
corrective action that is the subject of
 the action or order4  7#d7 ,single     
permit program ,if a ,state adopts and  
implements a coal combustion residuals  

permit program under this subsection1   
the ,administrator shall cease to       
implement the permit program implemented
 under subsection 7e77#a7 for such      
,state4  7g7 ,effect on determination   
under #djje7;c7 or #cjjf ,the           
,administrator shall not consider the   
implementation of a coal combustion     
residuals permit program by the         
,administrator under subsection 7e7 in  
making a determination of approval for a
 permit program or other system of prior
 approval and conditions under section  
#djje7;c7 or of authorization for a     
program under section #cjjf4  7h7       
,authority  7#a7 ,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 section4  7#b7   
,authority of the administrator  7,a7   
,in general ,except as provided in      

subsections 7d7 and 7e7 and section     
#fjje1 the ,administrator shall1 with   
respect to the regulation of coal       
combustion residuals1 defer to the      
,states pursuant to this section4  7,b7 
,imminent hazard ,nothing in this       
section shall be construed as affecting 
the authority of the ,administrator     
under section #gjjc with respect to coal
 combustion residuals4  7,c7            
,enforcement assistance only upon       
request ,upon request from the head of a
 lead ,state agency that is implementing
 a coal combustion residuals permit     
program1 the ,administrator may provide 
to such ,state agency only the          
enforcement assistance requested4  7,d7 
,concurrent enforcement ,except as      
provided in subparagraph 7,c71 the      
,administrator shall not have concurrent
 enforcement authority when a ,state is 
implementing a coal combustion residuals
 permit program1 including during any   
period of interim operation described in
 subsection 7c77#c77;,d74  7,e7 ,other  

authority ,the ,administrator shall not 
have authority to finalize the proposed 
rule published at pages #ceabh through  
#cebfd of volume #ge of the ,federal    
,register 7,june #ba1 #bjaj74  7,f7     
,other response authority ,nothing in   
this section shall be construed as      
affecting the authority of the          
,administrator under the ,comprehensive 
,environmental ,response1 ,compensation1
 and ,liability ,act of #aihj 7#db      
,u4,s4,c4 #ifja et seq47 with respect to
 coal combustion residuals4  7#c7       
,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 
#gjjb4  7i7 ,mine reclamation activities
 ,a coal combustion residuals permit    
program implemented by the              
,administrator under subsection 7e7     
shall not apply to the utilization1     
placement1 and storage of coal          
combustion residuals at surface mining  
and reclamation operations4  7j7        

,definitions ,in this section3  7#a7    
,coal combustion residuals ,the term    
coal combustion residuals means--  7,a7 
the solid wastes listed in section      
#cjja7;b77#c77;,a77i71 including        
recoverable materials from such wastes2 
7,b7 coal combustion wastes that are    
co-managed with wastes produced in      
conjunction with the combustion of coal1
 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 structure2  7,c7 fluidized bed      
combustion wastes2  7,d7 wastes from the
 co-burning of coal with non-hazardous  
secondary materials1 provided that coal 
makes up at least #ej percent of the    
total fuel burned2 and  7,e7 wastes from
 the co-burning of coal with materials  
described in subparagraph 7,a7 that are 
recovered from monofills4  7#b7 ,coal   
combustion residuals permit program ,the
 term coal combustion residuals permit  

program means all of the authorities1   
activities1 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 residuals4  
7#c7 ,code of ,federal regulations ,the 
term ,code of ,federal ,regulations     
means the ,code of ,federal ,regulations
 7as in effect on the date of enactment 
of this section7 or any successor       
regulations4  7#d7 ,implementing agency 
,the term implementing agency means the 
agency responsible for implementing a   
coal combustion residuals permit program
 for a ,state1 which shall either be the
 lead ,state implementing agency        
identified under subsection             
7b77#b77;,b77i7 or the ,administrator   
pursuant to subsection 7e74  7#e7       
,permit2 prior approval and conditions  
,except as provided in subsections      
7b77#c7 and 7g71 the terms permit and   
prior approval and conditions mean any  
authorization1 license1 or equivalent   

control document that incorporates the  
requirements of subsection 7c74  7#f7   
,revised criteria ,the term revised     
criteria means the criteria promulgated 
for municipal solid waste landfill units
 under section #djjd7;a7 and under      
section #ajjh7;a77#c71 as revised under 
section #djaj7;c74  7#g7 ,structure     
7,a7 ,in general ,except as provided in 
subparagraph 7,b71 the term structure   
means a landfill1 surface impoundment1  
or other land-based unit which receives1
 or is intended to receive1 coal        
combustion residuals4  7,b7 ,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 unit4  4  7b7 ,conforming amendment 
,the table of contents contained in     
section #ajja of the ,solid ,waste      
,disposal ,act is amended by inserting  
after the item relating to section #djaj

 the following3  ,sec4 #djaa4           
,management and disposal of coal        
combustion residuals4  4  #c4 #bjjj     
regulatory determination ,nothing in    
this ,act1 or the amendments made by    
this ,act1 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 ,fuels1
 published at #fe ,fed4 ,reg4 #cbbad    
7,may #bb1 #bjjj71 that the fossil fuel 
combustion wastes addressed in that     
determination do not warrant regulation 
under subtitle ,c of the ,solid ,waste  
,disposal ,act 7#db ,u4,s4,c4 #fiba et  
seq474  #d4 ,technical assistance       
,nothing in this ,act1 or the amendments
 made by this ,act1 shall be construed  
to affect the authority of a ,state to  
request1 or the ,administrator of the   
,environmental ,protection ,agency to   
provide1 technical assistance under the 
,solid ,waste ,disposal ,act 7#db       

,u4,s4,c4 #fija et seq474  #e4 ,federal 
,power ,act ,nothing in this ,act1 or   
the amendments made by this ,act1 shall 
be construed to affect the obligations  
of an owner or operator of a structure  
7as defined in section #djaa of the     
,solid ,waste ,disposal ,act1 as added  
by this ,act7 under section #bae7;b77#a7
 of the ,federal ,power ,act 7#af       
,u4,s4,c4 #hbdo7b77#a774