,,ii  #aadth ,,congress  #b;d ,session  
,s4 #bddf  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,january #ai1  
#bjaf,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 #bjaf4  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 ,effect on          

regulatory determinations4,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 adopt and implement 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 section1 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 ,application for1 and approval of1 
,state coal combustion residuals permit 
program  7,a7 ,in general ,not later    
than #bd months after the date of       

enactment of this section1 each ,state  
that has notified the ,administrator    
that it will adopt and implement a coal 
combustion residuals permit program     
under paragraph 7#a7 shall submit to the
 ,administrator an application for such 
coal combustion residuals permit program
 for review and approval by the         
,administrator4  7,b7 ,contents of      
application ,an application 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 to be involved
 with the implementation of the coal    
combustion residuals permit program2    
7iii7 an explanation of how the ,state  
coal combustion residuals permit program
 will meet 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 program1 including any  
enforcement of the requirements of      
subsection 7c77#c77;,a72  7cc7 public   
participation process for the           
promulgation1 amendment1 or repeal of   
regulations for1 and the issuance of    
permits under1 such permit program2     
7dd7 process for judicial review2  7ee7 
proposed or existing 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     
7ff7 proposed coordination plan under   
subsection 7c77#a77;,c72 and  7,,ii7 if 
a ,state proposes to apply a definition 
different from a definition included in 
section #beg4ec of title #dj1 ,code of  
,federal ,regulations1 for purposes of  
the ,state coal combustion residuals    

permit program1 an explanation of such  
application1 including an explanation of
 the reasonable basis for applying such 
different definition1 in accordance with
 subsection 7i77#d72  7iv7 a statement  
that the ,state has in effect1 at the   
time of application1 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 copies of any        
proposed forms used to administer the   
coal combustion residuals permit        
program2 and  7vii7 such other          
information as the ,administrator may   
require4  7,c7 ,approval  7i7 ,in       
general ,the ,administrator may approve 
an application for a ,state coal        
combustion residuals permit program only
 if the ,administrator determines that  
such application demonstrates that the  
coal combustion residuals permit program
 meets the requirements described in    

subsection 7c74  7ii7 ,evidence of      
adequacy ,in evaluating an application  
for a ,state coal combustion residuals  
permit program under this paragraph1 the
 ,administrator shall consider a        
,state's approved permit program or     
other system of prior approval and      
conditions under section #djje7;c7 or   
authorized program under section #cjjf  
as evidence regarding the ,state's      
ability to effectively implement a coal 
combustion residuals program4  7iii7    
,adoption by ,state ,a ,state may adopt 
and implement a coal combustion         
residuals permit program if1 not later  
than #ij days after receipt of a        
complete application under this         
paragraph 7including a revised          
application under subparagraph 7,d77--  
7,i7 the ,administrator publishes in the
 ,federal ,register a notice of the     
,administrator's decision to approve    
such application2 or  7,,ii7 the        
,administrator does not publish in the  
,federal ,register a notice of the      

,administrator's decision to approve or 
deny such application1 in which case    
such application shall be deemed        
approved4  7,d7 ,revised application ,if
 the ,administrator denies an initial   
application for a ,state coal combustion
 residuals program under this           
paragraph--  7i7 the ,administrator     
shall notify the ,state of the reasons  
for such denial2 and  7ii7 the ,state   
may1 not later than #fj days after the  
date of such notification1 submit to the
 ,administrator a revised application   
for such coal combustion residuals      
permit program for review and approval  
by the ,administrator4  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 ,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 and  7iii7 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 7i77#a7 is made 
publicly available4  7,c7 ,coordination 
plan ,the implementing agency shall     
develop and maintain a plan for         
coordination among ,states in the event 
of a release that crosses ,state lines4 
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 through #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 such title2 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 such title4  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  
such title4  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 such title4      
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 to groundwater from a        
structure is not necessary as provided  
in section #beh4eg7;e7 of such title4   

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 the criteria      
described in section #beg4aja7;b77#a7 of
 such title shall not apply to existing 
structures that comply with the criteria
 described in section #beg4fj of such   
title by making a demonstration in      
accordance with subparagraph 7,e7 of    
this paragraph4  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 ,for all structures1 the   
criteria for location restrictions      
described in sections #beg4fj through   
#beg4fd of title #dj1 ,code of ,federal 
,regulations1 except--  7i7 for existing
 structures that are landfills1 sections
 #beg4fj through #beg4fc shall not      
apply2 and  7ii7 the owner or operator  
of an existing structure that is a      

surface impoundment may comply with the 
criteria described in section #beg4fj of
 such title by demonstrating that--     
7,i7 the design and construction of the 
existing structure that is a surface    
impoundment will prevent an             
intermittent1 recurring1 or sustained   
hydraulic connection between any portion
 of the base of the structure and the   
upper limit of the uppermost aquifer2   
and  7,,ii7 the existing structure that 
is a surface impoundment is designed and
 constructed to prevent the release of  
the constituents listed in appendices   
,,iii and ,,iv to part #beg of such     
title at levels above the groundwater   
protection standards established under  
this section4  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            
,recordkeeping ,for all structures1 the 
criteria for recordkeeping described in 
section #beg4aje of title #dj1 ,code of 
,federal ,regulations4  7,i7 ,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,j7 ,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,k7         
,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 
,regulations4  7,l7 ,inspections ,for   
all structures1 the criteria described  
in sections #beg4hc and #beg4hd of title

 #dj1 ,code of ,federal ,regulations4   
7,m7 ,public availability of information
 ,for all structures1 the criteria      
described in section #beg4ajg of title  
#dj1 ,code of ,federal ,regulations4    
7,n7 ,notification ,for all structures1 
the criteria described in section       
#beg4ajf of title #dj1 ,code of ,federal
 ,regulations4  7#c7 ,permit program    
implementation for existing structures  
7,a7 ,compliance with certain           
requirements  7i7 ,initial deadlines    
,the ,state1 in the case of a ,state    
that has notified the ,administrator    
under subsection 7b77#a7 that it will   
adopt and implement a coal combustion   
residuals permit program1 or the        
,administrator1 in the case of each     
other ,state1 shall require owners or   
operators of existing structures to     
comply with--  7,i7 as of ,october #ai1 
#bjae1 the requirements under paragraphs
 7#b77;,f71 7#b77;,h71 and 7#b77,l72    
7,,ii7 not later than #f months after   
the date of enactment of this section1  

the requirement under paragraph         
7#b77;,g72 and  7,,iii7 not later than  
#ab months after the date of enactment  
of this section1 the requirements under 
paragraphs 7#b77;,a71 7#b77;,i71        
7#b77;,j71 7#b77,k71 and the requirement
 for a written closure plan under the   
criteria described in paragraph #b7;,c74
  7ii7 ,subsequent deadlines ,the       
implementing agency shall require owners
 or operators of existing structures to 
comply with-- 7,i7 not later than #bd   
months after the date of enactment of   
this section1 the requirements under    
paragraph 7#b77;,b72 and  7,,ii7 not    
later than #cf months after the date of 
enactment of this section1 the          
requirements under paragraph 7#b77;,e74 
7,b7 ,permits ,not later than #gb months
 after the date of enactment of this    
section1 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     
7,c7 ,effect of compliance  7i7 ,interim
 requirements ,prior to the date on     
which a final permit or final denial is 
issued under subparagraph 7,b71         
compliance with the requirements of     
subparagraph 7,a71 as determined by the 
,state or ,administrator1 as applicable1
 shall constitute compliance with the   
requirements of this section and the    
rule described in subsection 7i77#a7 for
 the purpose of enforcement4  7ii7      
,final permit ,compliance with a final  
permit issued by the implementing       
agency1 as determined by the            
implementing agency1 shall constitute   
compliance with this section and the    
rule described in subsection 7i77#a7 for
 the purpose of enforcement4  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,c77ii774  7,b7 ,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 such title4  7,c7 ,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 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--  7,i7 being    
required to comply with the requirements
 of paragraph 7#a71 as applicable2 and  
7,,ii7 being required to comply1        
beginning on such date1 with each       
requirement of paragraph 7#b74  7d7     
,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 coal         
combustion residuals permit program2    
7,b7 the ,state fails to submit a       
notification or an application by the   
applicable deadline under subsection    
7b72  7,c7 the ,administrator denies an 
application submitted by a ,state under 
subsection 7b77#b7 and1 if applicable1  
any revised application submitted by the

 ,state under subparagraph 7,e7 of such 
subsection2  7,d7 the ,state informs the
 ,administrator1 in writing1 that such  
,state will no longer implement such a  
permit program2 or  7,e7 the            
,administrator withdraws approval of a  
,state coal combustion residuals program
 after the ,administrator--  7i7        
determines that the ,state is not       
implementing a coal combustion residuals
 permit program approved under this     
section in accordance with the          
requirements of this section2  7ii7     
notifies the ,state of such             
determination1 including the reasons for
 such determination and the particular  
deficiencies that need to be remedied2  
and  7iii7 after allowing the ,state to 
take actions to remedy such deficiencies
 within a reasonable time1 not to exceed
 #ij days1 the ,administrator determines
 that the ,state has not remedied such  
deficiencies4  7#b7 ,review ,a ,state   
may obtain a review of a determination  
by the ,administrator under paragraph   

7#a77;,e77iii7 as if the determination  
were a final regulation for purposes of 
section #gjjf4  7#c7 ,indian country    
,the ,administrator shall implement a   
coal combustion residuals permit program
 in ,indian country4  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 ,if the         
,administrator implements a coal        
combustion residuals permit program for 
a ,state under paragraph 7#a7 or in     
,indian country under paragraph 7#c7--  
7,a7 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
  7,b7 the ,administrator may use those 

authorities to inspect1 gather          
information1 and enforce the            
requirements of this section in the     
,state or ,indian country4  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  7e7 ,state control    
after implementation by ,administrator  
7#a7 ,new adoption by ,state ,for a     
,state for which the ,administrator is  
implementing a coal combustion residuals
 permit program under subparagraphs 7,a7
 through 7,d7 of subsection 7d71 the    
,state may adopt and implement such a   
permit program through the application  
process described in subsection 7b77#b7 
7notwithstanding the deadline described 
in subparagraph 7,a7 of such            
subsection74 ,an application submitted  
pursuant to this paragraph shall include

 a timeline for transition to the ,state
 coal combustion residuals permit       
program4  7#b7 ,resumption after        
remedying deficient permit program  7,a7
 ,process ,for a ,state for which the   
,administrator is implementing a coal   
combustion residuals permit program     
under subparagraph 7,e7 of subsection   
7d77#a71 the ,state may adopt and       
implement such a permit program if--    
7i7 the ,state remedies only the        
deficiencies included in the notice     
described in such subparagraph2 and     
7ii7 by the date that is #ij days after 
the date on which the ,state notifies   
the ,administrator that the deficiencies
 have been remedied--  7,i7 the         
,administrator publishes in the ,federal
 ,register-- 7aa7 a determination1 after
 providing a #cj-;day period for notice 
and public comment1 that the            
deficiencies included in such notice    
have been remedied2 and  7bb7 a timeline
 for transition to the ,state coal      
combustion residuals permit program2 or 

7,,ii7 the ,administrator does not      
publish in the ,federal ,register a     
determination regarding whether the     
deficiencies included in such notice    
been remedied1 in which case such       
deficiencies shall be deemed remedied4  
7,b7 ,review ,a ,state may obtain a     
review of a determination by the        
,administrator under this paragraph as  
if such determination were a final      
regulation for purposes of section      
#gjjf4  7f7 ,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    
7e72 or  7,b7 the ,administrator takes  
control of a coal combustion residuals  
permit program from a ,state under      
subsection 7d74  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 7e71 the ,administrator
 shall cease to implement the coal      
combustion residuals permit program     
implemented under subsection 7d7 for    
such ,state2 and  7,b7 if the           
,administrator implements a coal        
combustion residuals permit program for 

a ,state under subsection 7d77#a71 the  
,state shall cease to implement its coal
 combustion residuals permit program4   
7g7 ,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 7f7 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 may1         
including through the use of the        
authorities referred to in section      
#djje7;c77#b77;,a71 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 7f71 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;,c74  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  7h7 ,use
 of coal combustion residuals  7#a7 ,in 
general ,except as provided in paragraph
 7#b71 use of coal combustion residuals 
in any of the following ways1 and       
storage prior to such use1 shall not be 

considered to be receipt of coal        
combustion residuals for the purposes of
 this section3  7,a7 ,use as-- 7i7      
engineered structural fill constructed  
in accordance with--  7,i7 ,,astm       
,e#bbgg entitled ,standard ,guide for   
,design and ,construction of ,coal ,ash 
,structural ,fills1 including any       
amendment or revision to that guidance2 
7,,ii7 any other published national     
standard determined appropriate by the  
implementing agency1 including standards
 issued by the ,american ,association of
 ,state and ,highway ,transportation    
,officials and the ,federal ,highway    
,administration2 or  7,,iii7 a ,state   
standard or program relating to-- 7aa7  
fill operations for coal combustion     
residuals2 or  7bb7 the management of   
coal combustion residuals for beneficial
 use2 or  7ii7 engineered structural    
fill for--  7,i7 a building site or     
foundation2  7,,ii7 a base or embankment
 for a bridge1 roadway1 runway1 or      
railroad2 or  7,,iii7 a dike1 levee1    

berm1 or dam that is not part of a      
structure4  7,b7 ,beneficial use--  7i7 
that provides a functional benefit2     
7ii7 that is a substitute for the use of
 a virgin material2 and  7iii7 that     
meets relevant product specifications   
and regulatory or design standards1 if  
any1 including standards issued by      
voluntary consensus standards bodies    
such as ,,astm ,international and the   
,american ,concrete ,institute4  7#b7   
,exception ,with respect to a use       
described in paragraph 7#a7 that        
involves placement on the land of coal  
combustion residuals in non-roadway and 
non-highway applications1 the           
implementing agency may1 on a           
case-by-case basis1 determine that      
long-term storage of coal combustion    
residuals at the generating facility for
 such a use or permanent unencapsulated 
use of very large volumes of coal       
combustion residuals constitutes receipt
 of coal combustion residuals for the   
purposes of this section if the storage 

or use results in releases of hazardous 
constituents to groundwater1 surface    
water1 soil1 or air--  7,a7 in greater  
amounts than those that would occur from
 long-term storage or use of a material 
that would be used instead of coal      
combustion residuals2 or  7,b7 that     
exceed relevant regulatory and          
health-based benchmarks1 as determined  
by the implementing agency4  7i7 ,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 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 apply different 
definitions if--  7i7 the different     
definitions do not conflict with the    
definitions in subsection 7j72 and  7ii7
 the lead ,state implementing agency--  
7,i7 identifies the different           
definitions in the explanation included 
with the application submitted under    
subsection 7b77#b72 and  7,,ii7 provides
 in such explanation a reasonable basis 
for the application of the different    
definitions4  7j7 ,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;,b77i7 or the ,administrator   
pursuant to subsection 7d74  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 ,indian country ,the term
 ,indian country has the meaning given  
that term in section #aaea of title #ah1
 ,united ,states ,code4  7#h7 ,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 landfill meeting  
the revised criteria promulgated under  
section #djaj7;c74  7ii7 ,coal mines    
,the term structure does not include the
 location of surface coal mining and    
reclamation operations or surface coal  
mining operations 7as those terms are   

defined in section #gja of the ,surface 
,mining ,control and ,reclamation ,act  
of #aigg 7#cj ,u4,s4,c4 #abia77 or an   
active or abandoned underground coal    
mine4  7iii7 ,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#i7 ,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 ,effect on

 regulatory determinations ,nothing in  
this ,act1 or the amendments made by    
this ,act1 shall be construed to alter  
in any manner the effect on coal        
combustion residuals 7as defined in     
section #djaa of the ,solid ,waste      
,disposal ,act1 as added by this ,act7  
of the ,environmental ,protection       
,agency's regulatory determinations     
entitled--  7#a7 ,notice of ,regulatory 
,determination on ,wastes ,from the     
,combustion of ,fossil ,fuels1 published
 at #fe ,fed4 ,reg4 #cbbad 7,may #bb1   
#bjjj72 and  7#b7 ,final ,regulatory    
,determination on ,four ,large-,volume  
,wastes ,from the ,combustion of ,coal  
by ,electric ,utility ,power ,plants1   
published at #eh ,fed4 ,reg4 #dbdff     
7,august #i1 #aiic74  #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