,,ii  #aadth ,,congress  #ast ,session  
,s4 #ahjc  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #af1     
#bjae,mr4 ,hoeven 7for himself and ,mr4 
,manchin7 introduced the following bill2
 which was read twice and referred to   
the ,committee on ,environment and      
,public ,works  ,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 ,improving     
,coal ,combustion ,residuals ,regulation
 ,act of #bjae4  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 in accordance with this  
section4  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 #bd months after the date of 
enactment of this section 7except as    
provided in subparagraph 7,b7 and       
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 ,extension    
7i7 ,requirements ,the ,administrator   
may extend the deadline for submission  
of a certification for a ,state under   
subparagraph 7,a7 for a period of #ab   
months if the ,state submits to the     
,administrator a request for such an    
extension that--  7,i7 describes the    
efforts of the ,state to meet such      
deadline2  7,,ii7 demonstrates that the 
legislative or rulemaking procedures of 
such ,state render the ,state unable    
meet such deadline2 and  7,,iii7        

provides the ,administrator with a      
detailed schedule for completion and    
submission of the certification4  7ii7  
,determination ,if the ,administrator   
does not approve or deny a request      
submitted under clause 7i7 by the date  
that is #cj days after such submission1 
the request shall be deemed approved4   
7,c7 ,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--  7,i7 a description of the  
,state's-- 7aa7 process to inspect or   
otherwise determine compliance with such
 permit program2  7bb7 process to       
enforce the requirements of such permit 

program2  7cc7 public participation     
process for the promulgation1 amendment1
 or repeal of regulations for1 and the  
issuance of permits under1 such permit  
program2 and  7dd7 statutes1            
regulations1 or policies pertaining to  
public access to information1 including 
information on groundwater monitoring   
data1 structural stability assessments1 
emergency action plans1 fugitive dust   
control plans1 notifications of closure 
7including any certification of closure 
by a qualified professional engineer71  
and corrective action remedies2 and     
7,,ii7 identification of any changes to 
the definitions under section #beg4ec of
 title #dj1 ,code of ,federal           
,regulations1 for purposes of the ,state
 coal combustion residuals permit       
program1 including a reasonable basis   
for such changes1 as required under     
subsection 7l77#d72  7iv7 a statement   
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  7v7 copies of ,state
 statutes and regulations described in  
clause 7iv72  7vi7 a plan for a response
 by the ,state to a release at a        
structure or inactive surface           
impoundment that has the potential for  
impact beyond the site on which the     
structure or inactive surface           
impoundment is located2 and  7vii7 a    
plan for coordination among ,states in  
the event of a release that crosses     
,state lines4  7,d7 ,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 lead   
,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 ,permits    
,the implementing agency shall require  
that owners or operators of structures  
apply for and obtain permits            
incorporating the applicable            
requirements of the coal combustion     
residuals permit program4  7,b7 ,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 publicly        
available for review and comment under  
the public participation process of the 
coal combustion residuals permit        
program2  7ii7 final determinations on  
permit applications are made publicly   

available2  7iii7 information on        
groundwater monitoring data1 structural 
stability assessments1 emergency action 
plans1 fugitive dust control plans1     
notifications of closure 7including any 
certification of closure by a qualified 
professional engineer71 and corrective  
action remedies required pursuant to    
paragraph 7#b71 collected in a manner   
determined appropriate by the           
implementing agency1 is publicly        
available1 including on an ,internet    
website2 and  7iv7 information regarding
 the exercise by the implementing agency
 of any discretionary authority granted 
under this section and not provided for 
in the rule described in subsection     
7l77#a7 is made publicly available4     
7,c7 ,agency authority  7i7 ,in general 
,the implementing agency shall-- 7,i7   
obtain information necessary to         
determine whether the owner or operator 
of a structure is in compliance with the
 requirements of the coal combustion    
residuals permit program2  7,,ii7       

conduct or require monitoring or testing
 to ensure that structures are in       
compliance with the requirements of the 
coal combustion residuals permit        
program2 and  7,,iii7 enter any site or 
premise at which a structure or inactive
 coal combustion residuals surface      
impoundment is located for the purpose  
of inspecting such structure or surface 
impoundment and reviewing relevant      
records4  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 ,criteria ,the            

implementing agency shall apply the     
following criteria with respect to      
structures3  7,a7 ,design requirements  
,for new structures1 including lateral  
expansions of existing structures1 the  
criteria regarding design requirements  
described in sections #beg4gj and       
#beg4gb of title #dj1 ,code of ,federal 
,regulations1 as applicable4  7,b7      
,groundwater monitoring and corrective  
action  7i7 ,in general ,except as      
provided in clause 7ii71 for all        
structures1 the criteria regarding      
groundwater monitoring and corrective   
action requirements described in        
sections #beg4ij through #beg4ih of     
title #dj1 ,code of ,federal            
,regulations1 including--  7,i7 for the 
purposes of detection monitoring1 the   
constituents described in appendix ,,iii
 to part #beg of title #dj1 ,code of    
,federal ,regulations2 and  7,,ii7 for  
the purposes of assessment monitoring1  
establishing a groundwater protection   
standard1 and assessment of corrective  

measures1 the constituents described in 
appendix ,,iv to part #beg of title #dj1
 ,code of ,federal ,regulations4  7ii7  
,exceptions and additional authority    
7,i7 ,alternative point of compliance   
,notwithstanding section #beg4ia7;a77#b7
 of title #dj1 ,code of ,federal        
,regulations1 the implementing agency   
may establish the relevant point of     
compliance for the down-gradient        
monitoring system as provided in section
 #beh4ea7;a77#b7 of title #dj1 ,code of 
,federal ,regulations4  7,,ii7          
,alternative groundwater protection     
standards ,notwithstanding section      
#beg4ie7;h7 of title #dj1 ,code of      
,federal ,regulations1 the implementing 
agency may establish an alternative     
groundwater protection standard as      
provided in section #beh4ee7;i7 of title
 #dj1 ,code of ,federal ,regulations4   
7,,iii7 ,ability to determine that      
corrective action is not necessary or   
technically feasible ,notwithstanding   
section #beg4ig of title #dj1 ,code of  

,federal ,regulations1 the implementing 
agency may determine that remediation of
 a release from a structure is not      
necessary as provided in section        
#beh4eg7;e7 of title #dj1 ,code of      
,federal ,regulations4  7,,iv7          
,authority relating to releases1 other  
than releases to groundwater            
,notwithstanding sections #beg4ij7;d7   
and #beg4if7;a7 of title #dj1 ,code of  
,federal ,regulations1 the implementing 
agency may1 with respect to a release   
from a structure1 other than a release  
to groundwater1 authorize1 for purposes 
of complying with this section1         
remediation of such release in          
accordance with other applicable        
,federal or ,state requirements if      
compliance with such requirements will  
result in the same level of protection  
as compliance with the criteria         
described in sections #beg4if through   
#beg4ih of title #dj1 ,code of ,federal 
,regulations1 taking into consideration 
the nature of the release4  7,v7        

,general authority relating to          
groundwater monitoring and corrective   
action ,notwithstanding sections #beg4ij
 through #beg4ih of title #dj1 ,code of 
,federal ,regulations1 the implementing 
agency may authorize alternative        
groundwater monitoring and corrective   
action requirements provided that such  
requirements are no less stringent than 
the alternative requirements authorized 
to be established under subpart ,e of   
part #beh of title #dj1 ,code of        
,federal ,regulations4  7,,vi7          
,opportunity for corrective action for  
unlined surface impoundments            
,notwithstanding section                
#beg4aja7;a77#a7 of title #dj1 ,code of 
,federal ,regulations1 the implementing 
agency may allow the owner or operator  
of an existing structure that is an     
unlined surface impoundment--  7aa7 to  
continue to operate1 pursuant to        
sections #beg4if through #beg4ih of     
title #dj1 ,code of ,federal            
,regulations1 until the date that is    

#ajb months after the date of enactment 
of this section2 and  7bb7 to continue  
to operate after such date as long as   
such unlined surface impoundment meets  
the groundwater protection standard     
established pursuant to this            
subparagraph and any other applicable   
requirement established pursuant to this
 section4  7,c7 ,closure ,for all       
structures1 the criteria for closure    
described in sections #beg4aja1         
#beg4ajb1 and #beg4ajc of title #dj1    
,code of ,federal ,regulations1 except--
  7i7 the criteria described in section 
#beg4aja7;a77#a7 of title #dj1 ,code of 
,federal ,regulations1 shall apply to an
 existing structure that is an unlined  
surface impoundment only if--  7,i7 the 
unlined surface impoundment is not      
allowed to continue operation pursuant  
to subparagraph 7,b77ii77,,vi77aa72 or  
7,,ii7 in the case of an unlined surface
 impoundment that is allowed to continue
 operation pursuant to subparagraph     
7,b77ii77,,vi77aa71 the date described  

in such subparagraph has passed and the 
unlined surface impoundment does not    
meet the requirements described in      
subparagraph 7,b77ii77,,vi77bb72  7ii7  
the criteria described in section       
#beg4aja7;b77#a7 of title #dj1 ,code of 
,federal ,regulations1 shall not apply  
to existing structures1 except as       
provided in subparagraphs 7,e77i77,,ii7 
and 7,e77ii72 and  7iii7 if an          
implementing agency has set a deadline  
under clause 7i7 or 7ii7 of subparagraph
 7,l71 the criteria described in section
 #beg4aja7;b77#b7 of title #dj1 ,code of
 ,federal ,regulations1 shall apply to  
structures that are surface impoundments
 only after such deadline4  7,d7        
,post-closure ,for all structures1 the  
criteria for post-closure care described
 in section #beg4ajd of title #dj1 ,code
 of ,federal ,regulations4  7,e7        
,location restrictions  7i7 ,in general 
,the criteria for location restrictions 
described in-- 7,i7 for new structures1 
including lateral expansions of existing

 structures1 sections #beg4fj through   
#beg4fd and #beg4c-a of title #dj1 ,code
 of ,federal ,regulations2 and  7,,ii7  
for existing structures1 sections       
#beg4fd and #beg4c-a of title #dj1 ,code
 of ,federal ,regulations4  7ii7        
,additional authority ,the implementing 
agency may apply the criteria described 
in sections #beg4fj through #beg4fc of  
title #dj1 ,code of ,federal            
,regulations1 to existing structures    
that are surface impoundments4  7,f7    
,air criteria ,for all structures1 the  
criteria for air quality described in   
section #beg4hj of title #dj1 ,code of  
,federal ,regulations4  7,g7 ,financial 
assurance ,for all structures1 the      
criteria for financial assurance        
described in subpart ,g of part #beh of 
title #dj1 ,code of ,federal            
,regulations4  7,h7 ,surface water ,for 
all structures1 the criteria for surface
 water described in section #beg4c-c of 
title #dj1 ,code of ,federal            
,regulations4  7,i7 ,recordkeeping ,for 

all structures1 the criteria for        
recordkeeping described in section      
#beg4aje of title #dj1 ,code of ,federal
 ,regulations4  7,j7 ,run-on and run-off
 controls ,for all structures that are  
landfills1 sand or gravel pits1 or      
quarries1 the criteria for run-on and   
run-off control described in section    
#beg4ha of title #dj1 ,code of ,federal 
,regulations4  7,k7 ,hydrologic and     
hydraulic capacity requirements ,for all
 structures that are surface            
impoundments1 the criteria for inflow   
design flood control systems described  
in section #beg4hb of title #dj1 ,code  
of ,federal ,regulations4  7,l7         
,structural integrity ,for structures   
that are surface impoundments1 the      
criteria for structural integrity       
described in sections #beg4gc and       
#beg4gd of title #dj1 ,code of ,federal 
,regulations1 except that1              
notwithstanding section #beg4gc7;f77#d7 
of title #dj1 ,code of ,federal         
,regulations1 the implementing agency   

may provide for--  7i7 up to #cj days   
for an owner or operator to complete a  
safety factor assessment when an owner  
or operator has failed to meet an       
applicable periodic assessment deadline 
provided in section #beg4gc7;f7 of title
 #dj1 ,code of ,federal ,regulations2   
and  7ii7 up to #ab months for an owner 
or operator to meet the safety factor   
assessment criteria provided in section 
#beg4gc7;e77#a7 of title #dj1 ,code of  
,federal ,regulations1 if the           
implementing agency determines1 through 
the initial safety factor assessment1   
that the structure does not meet such   
safety factor assessment criteria and   
that the structure does not pose an     
immediate threat of release4  7,m7      
,inspections ,for all structures1 the   
criteria described in sections #beg4hc  
and #beg4hd 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 #ah months     
after the ,administrator receives notice
 under subsection 7e77#a77;,a71 or not  
later than #bd 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 existing structures of--  7i7 the   
obligation to apply for and obtain a    
permit under subparagraph 7,c72 and     
7ii7 the requirements referred to in    
subparagraph 7,b77ii74  7,b7 ,compliance
 with certain requirements  7i7 ,initial
 deadline for certain requirements ,not 
later than #h months after the date of  
enactment of this section1 the          
implementing agency shall require owners
 or operators of existing structures to 
comply with--  7,i7 the requirements    
under paragraphs 7#b77;,f71 7#b77;,h71  
7#b77;,i71 and 7#b77,m72 and  7,,ii7 the

 requirement for a permanent            
identification marker under the criteria
 described in paragraph 7#b77,l74  7ii7 
,subsequent deadline for certain other  
requirements ,not later than #ab months 
after 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 require owners or         
operators of existing structures to     
comply with--  7,i7 the requirements    
under paragraphs 7#b77;,b71 7#b77;,g71  
7#b77;,j71 7#b77,k71 and 7#b77,l72 and  
7,,ii7 the requirement for a written    
closure plan under the criteria         
described in paragraph 7#b77;,c74  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
 #ff months after the ,administrator    
receives notice under subsection        
7e77#a77;,a71 or not later than #gb     
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 an existing
 structure1 a final permit incorporating
 the applicable requirements of the coal
 combustion residuals permit program1 or
 a final denial of an application       
submitted requesting such a permit4     
7ii7 ,application deadline ,the         
implementing agency shall identify1 in  
collaboration with the owner or operator
 of an existing structure1 a reasonable 
deadline by which the owner or operator 
shall submit a permit application under 
clause 7i74  7,d7 ,interim operation    

7i7 ,prior to deadlines ,unless the     
implementing agency determines that the 
structure should close in accordance    
with the criteria described in paragraph
 7#b77;,c71 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 an       
existing structure may continue to      
operate such structure until such       
applicable deadline under any applicable
 regulations in effect during such      
period4  7ii7 ,prior to permit ,unless  
the implementing agency determines that 
the structure should close in accordance
 with the criteria described in         
paragraph 7#b77;,c71 if the owner or    
operator of an existing structure 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 of an application submitted      
requesting such a permit4  7#d7         
,requirements for inactive coal         
combustion residuals surface            
impoundments  7,a7 ,notice ,not later   
than #b months after the date of        
enactment of this section1 each owner or
 operator of an inactive coal combustion
 residuals surface impoundment shall    
submit to the ,administrator and the    
,state in which such inactive coal      
combustion residuals surface impoundment
 is located a notice stating whether    
such inactive coal combustion residuals 
surface impoundment will--  7i7 not     
later than #c years after the date of   
enactment of this section1 complete     
closure in accordance with section      
#beg4ajj of title #dj1 ,code of ,federal
 ,regulations2 or  7ii7 comply with the 
requirements of the coal combustion     
residuals permit program applicable to  

existing structures that are surface    
impoundments 7except as provided in     
subparagraph 7,d77ii774  7,b7 ,extension
 ,in the case of an inactive coal       
combustion residuals surface impoundment
 for which the owner or operator submits
 a notice described in subparagraph     
7,a77i71 the implementing agency may    
extend the closure deadline provided in 
such subparagraph by a period of not    
more than #b years if the owner or      
operator of such inactive coal          
combustion residuals surface            
impoundment--  7i7 demonstrates to the  
satisfaction of the implementing agency 
that it is not feasible to complete     
closure of the inactive coal combustion 
residuals surface impoundment in        
accordance with section #beg4ajj of     
title #dj1 ,code of ,federal            
,regulations1 by the deadline provided  
in subparagraph 7,a77i7--  7,i7 because 
of complications stemming from the      
climate or weather1 such as unusual     
amounts of precipitation or a           

significantly shortened construction    
season2  7,,ii7 because additional time 
is required to remove the liquid from   
the inactive coal combustion residuals  
surface impoundment due to the volume of
 coal combustion residuals contained in 
the surface impoundment or the          
characteristics of the coal combustion  
residuals in such surface impoundment2  
7,,iii7 because the geology and terrain 
surrounding the inactive coal combustion
 residuals surface impoundment will     
affect the amount of material needed to 
close the inactive coal combustion      
residuals surface impoundment2 or       
7,,iv7 because additional time is       
required to coordinate with and obtain  
necessary approvals and permits2 and    
7ii7 demonstrates to the satisfaction of
 the implementing agency that the       
inactive coal combustion residuals      
surface impoundment does not pose an    
immediate threat of release4  7,c7      
,financial assurance ,the implementing  
agency shall require the owner or       

operator of an inactive surface         
impoundment that has closed pursuant to 
this paragraph to perform post-closure  
care in accordance with the criteria    
described in section #beg4ajd7;b77#a7 of
 title #dj1 ,code of ,federal           
,regulations1 and to provide financial  
assurance for such post-closure care in 
accordance with the criteria described  
in section #beh4gb of title #dj1 ,code  
of ,federal ,regulations4  7,d7         
,treatment as structure  7i7 ,in general
 ,an inactive coal combustion residuals 
surface impoundment shall be treated as 
an existing structure that is a surface 
impoundment for the purposes of this    
section1 including with respect to the  
requirements of paragraphs 7#a7 and     
7#b71 if--  7,i7 the owner or operator  
does not submit a notice in accordance  
with subparagraph 7,a72 or  7,,ii7 the  
owner or operator submits a notice      
described in subparagraph 7,a77ii74     
7ii7 ,inactive coal combustion residuals
 surface impoundments that fail to close

 ,an inactive coal combustion residuals 
surface impoundment for which the owner 
or operator submits a notice described  
in subparagraph 7,a77i7 that does not   
close by the deadline provided under    
subparagraph 7,a77i7 or subparagraph    
7,b71 as applicable--  7,i7 shall be    
treated as an existing structure for    
purposes of this section beginning on   
the date that is the day after such     
applicable deadline1 including by--     
7aa7 being required to comply with the  
requirements of paragraph 7#a71 as      
applicable2 and  7bb7 being required to 
comply1 beginning on such date1 with    
each requirement of paragraph 7#b72 but 
7,,ii7 shall not be required to comply  
with paragraph 7#c74  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 as 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 make the       
request only 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      
paragraph 7#a74  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              
,considerations 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;,a72  7ii7 repeated issuance by
 the ,state of permits that 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 required 
under 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 under subsection             
7b77#b77;,c77iii77,i74  7e7             

,implementation by ,administrator  7#a7 
,federal backstop authority ,the        
,administrator shall implement a coal   
combustion residuals permit program for 
a ,state 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 pursuant to     
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 and inactive
 coal combustion residuals surface      
impoundments 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 structures and inactive coal 
combustion residuals surface            
impoundments4  7#d7 ,requirements ,if   
the ,administrator implements a coal    
combustion residuals permit program     
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 residuals1   

structures1 and inactive coal combustion
 residuals surface impoundments 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 residuals1   
structures1 and inactive coal combustion
 residuals surface impoundments 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 and inactive coal combustion 
residuals surface impoundments 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 under this subsection1   
the ,administrator shall provide a      
#cj-;day period for the public          
participation process required under    
subsection 7c77#a77;,b77i74  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;,a7 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 the ,administrator provides for 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 to the ,state 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 the ,administrator provides for 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 to the 
,state 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  7g7 ,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--     
7,a7 a ,state takes control of its coal 

combustion residuals permit program from
 the ,administrator under subsection    
7f77#a72 or  7,b7 the ,administrator    
takes control of a coal combustion      
residuals permit program from a ,state  
under subsection 7e74  7#b7 ,change in  
requirements ,paragraph 7#a7 shall apply
 to such program requirements1 actions1 
and orders until such time as-- 7,a7 the
 implementing agency that took control  
of the coal combustion residuals permit 
program changes the requirements of the 
coal combustion residuals permit program
 with respect to the basis for the      
action or order2 or  7,b7 with respect  
to an ongoing corrective action1 the    
,state or the ,administrator1 whichever 
took the action or issued the order1    
certifies the completion of the         
corrective action that is the subject of
 the action or order4  7#c7 ,single     
permit program ,except as otherwise     
provided in this subsection-- 7,a7 if a 
,state adopts and implements a coal     
combustion residuals permit program     

under subsection 7f71 the ,administrator
 shall cease to implement the coal      
combustion residuals permit program     
implemented under subsection 7e7 for    
such ,state2 and  7,b7 if the           
,administrator implements a coal        
combustion residuals permit program for 
a ,state under subsection 7e77#a71 the  
,state shall cease to implement its coal
 combustion residuals permit program4   
7h7 ,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  7i7 ,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 7d71 7e71   
and 7g7 of this section and section     
#fjje1 the ,administrator shall1 with   
respect to the regulation of coal       
combustion residuals under this ,act1   
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 implementing agency1 the   
,administrator may provide to such      
,state agency only the enforcement      
assistance requested4  7,d7 ,concurrent 
enforcement ,except as provided in      
subparagraph 7,c7 of this paragraph and 
subsection 7g71 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#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  7j7     
,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 or 
underground coal mining and reclamation 
operations4  7k7 ,use of coal combustion
 residuals ,use of coal combustion      
residuals in any of the following ways  
shall not be considered to be receipt of
 coal combustion residuals for the      
purposes of this section3  7#a7 ,use    
as-- 7,a7 engineered structural fill    
constructed in accordance with--  7i7   

,,astm ,e#bbgg entitled ,standard ,guide
 for ,design and ,construction of ,coal 
,ash ,structural ,fills1 including any  
amendment or revision to that guidance2 
7ii7 any other published national       
standard determined appropriate by the  
implementing agency2 or  7iii7 a ,state 
standard or program relating to-- 7,i7  
fill operations for coal combustion     
residuals2 or  7,,ii7 the management of 
coal combustion residuals for beneficial
 use2 or  7,b7 engineered structural    
fill for--  7i7 a building site or      
foundation2  7ii7 a base or embankment  
for a bridge1 roadway1 runway1 or       
railroad2 or  7iii7 a dike1 levee1 berm1
 or dam that is not part of a structure4
  7#b7 ,storage in a manner that is     
consistent with the management of raw   
materials1 if the coal combustion       
residuals being stored are intended to  
be used in a product or as a raw        
material4  7#c7 ,beneficial use-- 7,a7  
that provides a functional benefit2     
7,b7 that is a substitute for the use of

 a virgin material2  7,c7 that meets    
relevant product specifications and     
regulatory or design standards2 and     
7,d7 if such use involves placement on  
the land of coal combustion residuals in
 non-roadway applications1 in an amount 
equal to or greater than the amount     
described in the definition of          
beneficial use in section #beg4ec of    
title #dj1 ,code of ,federal            
,regulations1 for which the person using
 the coal combustion residuals          
demonstrates1 and keeps records showing1
 that such use does not result in       
environmental releases to groundwater1  
surface water1 soil1 or air that--  7i7 
are greater than those from a material  
or product that would be used instead of
 the coal combustion residuals2 or  7ii7
 exceed relevant regulatory and         
health-based benchmarks for human and   
ecological receptors4  7l7 ,effect of   
rule  7#a7 ,in general ,with respect to 
the final rule entitled ,hazardous and  
,solid ,waste ,management ,system2      

,disposal of ,coal ,combustion          
,residuals from ,electric ,utilities and
 published in the ,federal ,register on 
,april #ag1 #bjae 7#hj ,fed4 ,reg4      
#bacjb7--  7,a7 such rule shall be      
implemented only through a coal         
combustion residuals permit program     
under this section2 and  7,b7 to the    
extent that any provision or requirement
 of such rule conflicts1 or is          
inconsistent1 with a provision or       
requirement of this section1 the        
provision or requirement of this section
 shall control4  7#b7 ,effective date   
,for purposes of this section1 any      
reference in part #beg of title #dj1    
,code of ,federal ,regulations1 to the  
effective date contained in section     
#beg4ea of such part shall be considered
 to be a reference to the date of       
enactment of this section1 except that1 
in the case of any deadline established 
by such a reference that is in conflict 
with a deadline established by this     
section1 the deadline established by    

this section shall control4  7#c7       
,applicability of other regulations ,the
 application of section #beg4eb of title
 #dj1 ,code of ,federal ,regulations1 is
 not affected by this section4  7#d7    
,definitions ,the definitions under     
section #beg4ec of title #dj1 ,code of  
,federal ,regulations1 shall apply with 
respect to any criteria described in    
subsection 7c7 the requirements of which
 are incorporated into a coal combustion
 residuals permit program under this    
section1 except--  7,a7 as provided in  
paragraph 7#a72 and  7,b7 a lead ,state 
implementing agency may make changes to 
such definitions if the lead ,state     
implementing agency--  7i7 identifies   
the changes in the explanation included 
with the certification submitted under  
subsection 7b77#b77;,c77iii72 and  7ii7 
provides in such explanation a          
reasonable basis for the changes4  7#e7 
,other criteria ,the criteria described 
in sections #beg4ajf and #beg4ajg of    
title #dj1 ,code of ,federal            

,regulations1 may be incorporated into a
 coal combustion residuals permit       
program at the discretion of the        
implementing agency4  7m7 ,definitions  
,in this section3 7#a7 ,coal combustion 
residuals ,the term coal combustion     
residuals means the following wastes    
generated by electric utilities and     
independent power producers3  7,a7 ,the 
solid wastes listed in section          
#cjja7;b77#c77;,a77i7 that are generated
 primarily from the combustion of coal1 
including recoverable materials from    
such wastes4  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 structure4  7,c7        
,fluidized bed combustion wastes that   
are generated primarily from the        
combustion of coal4  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 burned4  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 a system of    
prior approval and conditions           
implemented under this section to       
regulate the management and disposal of 
coal combustion residuals4  7#c7        
,electric utility2 independent power    
producer ,the terms electric utility and
 independent power producer include only
 electric utilities and independent     
power producers that produce electricity
 on or after the date of enactment of   
this section4  7#d7 ,existing structure 
,the term existing structure means a    
structure the construction of which     

commenced before the date of enactment  
of this section4  7#e7 ,implementing    
agency ,the term implementing agency    
means the agency responsible for        
implementing a coal combustion residuals
 permit program1 which shall either be  
the lead ,state implementing agency     
identified under subsection             
7b77#b77;,c77i7 or the ,administrator   
pursuant to subsection 7e74  7#f7       
,inactive coal combustion residuals     
surface impoundment ,the term inactive  
coal combustion residuals surface       
impoundment means a surface impoundment1
 located at an electric utility or      
independent power producer1 that1 as of 
the date of enactment of this section-- 
7,a7 does not receive coal combustion   
residuals2  7,b7 contains coal          
combustion residuals2 and  7,c7 contains
 liquid4  7#g7 ,structure  7,a7 ,in     
general ,except as provided in          
subparagraph 7,b71 the term structure   
means a landfill1 surface impoundment1  
sand or gravel pit1 or quarry that      

receives coal combustion residuals on or
 after the date of enactment of this    
section4  7,b7 ,exceptions  7i7         
,municipal solid waste landfills ,the   
term structure does not include a       
municipal solid waste landfill4  7ii7   
,de minimis receipt ,the term structure 
does not include any landfill or surface
 impoundment that receives only de      
minimis quantities of coal combustion   
residuals if the presence of coal       
combustion residuals is incidental to   
the material managed in the landfill or 
surface impoundment4  7#h7 ,unlined     
surface impoundment ,the term unlined   
surface impoundment means a surface     
impoundment that does not have a liner  
system described in section #beg4ga of  
title #dj1 ,code of ,federal            
,regulations4  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 such term is 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