‘‘(cc) 
public 
participation 
process for the promulgation, 
amendment, or repeal of regula-
tions for, and the issuance of 
permits under, such permit pro-
gram; 
‘‘(dd) process for judicial re-
view; 
‘‘(ee) proposed or existing 
statutes, regulations, or policies 
pertaining to public access to in-
formation, including information 
on groundwater monitoring data, 
structural stability assessments, 
emergency action plans, fugitive 
dust control plans, notifications 
of closure (including any certifi-
cation of closure by a qualified 
professional engineer), and cor-
rective action remedies; and 
‘‘(ff) proposed coordination 
plan under subsection (c)(1)(C); 
and 
‘‘(II) if a State proposes to apply 
a definition different from a definition 
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included in section 257.53 of title 40, 
Code of Federal Regulations, for pur-
poses of the State coal combustion re-
siduals permit program, an expla-
nation of such application, including 
an explanation of the reasonable basis 
for applying such different definition, 
in accordance with subsection (i)(4); 
‘‘(iv) a statement that the State has 
in effect, at the time of application, stat-
utes or regulations necessary to implement 
a coal combustion residuals permit pro-
gram that meets the requirements de-
scribed in subsection (c); 
‘‘(v) copies of State statutes and regu-
lations described in clause (iv); 
‘‘(vi) copies of any proposed forms 
used to administer the coal combustion re-
siduals permit program; and 
‘‘(vii) such other information as the 
Administrator may require. 
‘‘(C) APPROVAL.— 
‘‘(i) IN GENERAL.—The Administrator 
may approve an application for a State 
coal combustion residuals permit program 
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only if the Administrator determines that 
such application demonstrates that the coal 
combustion 
residuals 
permit 
program 
meets the requirements described in sub-
section (c). 
‘‘(ii) EVIDENCE
OF
ADEQUACY.—In 
evaluating an application for a State coal 
combustion 
residuals 
permit 
program 
under this paragraph, the Administrator 
shall consider a State’s approved permit 
program or other system of prior approval 
and conditions under section 4005(c) or 
authorized program under section 3006 as 
evidence regarding the State’s ability to ef-
fectively implement a coal combustion re-
siduals program. 
‘‘(iii) ADOPTION BY STATE.—A State 
may adopt and implement a coal combus-
tion residuals permit program if, not later 
than 90 days after receipt of a complete 
application under this paragraph (includ-
ing a revised application under subpara-
graph (D))— 
‘‘(I) the Administrator publishes 
in the Federal Register a notice of the 
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Administrator’s decision to approve 
such application; or 
‘‘(II) the Administrator does not 
publish in the Federal Register a no-
tice of the Administrator’s decision to 
approve or deny such application, in 
which case such application shall be 
deemed approved. 
‘‘(D) REVISED APPLICATION.—If the Ad-
ministrator denies an initial application for a 
State coal combustion residuals program under 
this paragraph— 
‘‘(i) the Administrator shall notify the 
State of the reasons for such denial; and 
‘‘(ii) the State may, not later than 60 
days after the date of such notification, 
submit to the Administrator a revised ap-
plication for such coal combustion residu-
als permit program for review and ap-
proval by the Administrator. 
‘‘(c) REQUIREMENTS FOR A COAL COMBUSTION RE-
SIDUALS PERMIT PROGRAM.—A coal combustion residuals 
permit program shall consist of the following: 
‘‘(1) GENERAL REQUIREMENTS.— 
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‘‘(A) PERMITS.—The implementing agency 
shall require that owners or operators of struc-
tures apply for and obtain permits incor-
porating the applicable requirements of the coal 
combustion residuals permit program. 
‘‘(B) PUBLIC AVAILABILITY OF INFORMA-
TION.—The implementing agency shall ensure 
that— 
‘‘(i) documents for permit determina-
tions are made publicly available for review 
and comment under the public participa-
tion process of the coal combustion residu-
als permit program; 
‘‘(ii) final determinations on permit 
applications are made publicly available; 
and 
‘‘(iii) information regarding the exer-
cise by the implementing agency of any 
discretionary authority granted under this 
section and not provided for in the rule de-
scribed in subsection (i)(1) is made pub-
licly available. 
‘‘(C) COORDINATION
PLAN.—The imple-
menting agency shall develop and maintain a 
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plan for coordination among States in the event 
of a release that crosses State lines. 
‘‘(2) CRITERIA.—The implementing agency 
shall apply the following criteria with respect to 
structures: 
‘‘(A) DESIGN
REQUIREMENTS.—For new 
structures, including lateral expansions of exist-
ing structures, the criteria regarding design re-
quirements 
described 
in 
sections 
257.70 
through 257.72 of title 40, Code of Federal 
Regulations, as applicable. 
‘‘(B) GROUNDWATER
MONITORING
AND 
CORRECTIVE ACTION.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), for all structures, the 
criteria regarding groundwater monitoring 
and corrective action requirements de-
scribed in sections 257.90 through 257.98 
of title 40, Code of Federal Regulations, 
including— 
‘‘(I) for the purposes of detection 
monitoring, the constituents described 
in appendix III to part 257 of such 
title; and 
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‘‘(II) for the purposes of assess-
ment 
monitoring, 
establishing 
a 
groundwater protection standard, and 
assessment of corrective measures, the 
constituents described in appendix IV 
to part 257 of such title. 
‘‘(ii) EXCEPTIONS
AND
ADDITIONAL 
AUTHORITY.— 
‘‘(I) ALTERNATIVE
POINT
OF 
COMPLIANCE.—Notwithstanding 
sec-
tion 257.91(a)(2) of title 40, Code of 
Federal 
Regulations, 
the 
imple-
menting agency may establish the rel-
evant point of compliance for the 
down-gradient monitoring system as 
provided in section 258.51(a)(2) of 
such title. 
‘‘(II) 
ALTERNATIVE
GROUND-
WATER
PROTECTION
STANDARDS.— 
Notwithstanding section 257.95(h) of 
title 40, Code of Federal Regulations, 
the implementing agency may estab-
lish an alternative groundwater pro-
tection standard as provided in section 
258.55(i) of such title. 
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‘‘(III) ABILITY
TO
DETERMINE 
THAT
CORRECTIVE
ACTION
IS
NOT 
NECESSARY
OR
TECHNICALLY
FEA-
SIBLE.—Notwithstanding 
section 
257.97 of title 40, Code of Federal 
Regulations, the implementing agency 
may determine that remediation of a 
release to groundwater from a struc-
ture is not necessary as provided in 
section 258.57(e) of such title. 
‘‘(C) CLOSURE.—For all structures, the 
criteria for closure described in sections 
257.101, 257.102, and 257.103 of title 40, 
Code of Federal Regulations, except the criteria 
described in section 257.101(b)(1) of such title 
shall not apply to existing structures that com-
ply with the criteria described in section 257.60 
of such title by making a demonstration in ac-
cordance with subparagraph (E) of this para-
graph. 
‘‘(D) POST-CLOSURE.—For all structures, 
the criteria for post-closure care described in 
section 257.104 of title 40, Code of Federal 
Regulations. 
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‘‘(E) LOCATION
RESTRICTIONS.—For all 
structures, the criteria for location restrictions 
described in sections 257.60 through 257.64 of 
title 40, Code of Federal Regulations, except— 
‘‘(i) for existing structures that are 
landfills, sections 257.60 through 257.63 
shall not apply; and 
‘‘(ii) the owner or operator of an ex-
isting structure that is a surface impound-
ment may comply with the criteria de-
scribed in section 257.60 of such title by 
demonstrating that— 
‘‘(I) the design and construction 
of the existing structure that is a sur-
face impoundment will prevent an 
intermittent, recurring, or sustained 
hydraulic connection between any por-
tion of the base of the structure and 
the upper limit of the uppermost aqui-
fer; and 
‘‘(II) the existing structure that 
is a surface impoundment is designed 
and constructed to prevent the release 
of the constituents listed in appen-
dices III and IV to part 257 of such 
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title at levels above the groundwater 
protection standards established under 
this section. 
‘‘(F) AIR
CRITERIA.—For all structures, 
the criteria for air quality described in section 
257.80 of title 40, Code of Federal Regulations. 
‘‘(G) FINANCIAL
ASSURANCE.—For all 
structures, the criteria for financial assurance 
described in subpart G of part 258 of title 40, 
Code of Federal Regulations. 
‘‘(H) RECORDKEEPING.—For all struc-
tures, the criteria for recordkeeping described 
in section 257.105 of title 40, Code of Federal 
Regulations. 
‘‘(I) RUN-ON AND RUN-OFF CONTROLS.— 
For all structures that are landfills, sand or 
gravel pits, or quarries, the criteria for run-on 
and run-off control described in section 257.81 
of title 40, Code of Federal Regulations. 
‘‘(J) HYDROLOGIC AND HYDRAULIC CAPAC-
ITY
REQUIREMENTS.—For all structures that 
are surface impoundments, the criteria for in-
flow design flood control systems described in 
section 257.82 of title 40, Code of Federal Reg-
ulations. 
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‘‘(K) 
STRUCTURAL
INTEGRITY.—For 
structures that are surface impoundments, the 
criteria for structural integrity described in sec-
tions 257.73 and 257.74 of title 40, Code of 
Federal Regulations. 
‘‘(L) INSPECTIONS.—For all structures, 
the criteria described in sections 257.83 and 
257.84 of title 40, Code of Federal Regulations. 
‘‘(M) PUBLIC AVAILABILITY OF INFORMA-
TION.—For all structures, the criteria described 
in section 257.107 of title 40, Code of Federal 
Regulations. 
‘‘(N) NOTIFICATION.—For all structures, 
the criteria described in section 257.106 of title 
40, Code of Federal Regulations. 
‘‘(3) PERMIT PROGRAM IMPLEMENTATION FOR 
EXISTING STRUCTURES.— 
‘‘(A) COMPLIANCE
WITH
CERTAIN
RE-
QUIREMENTS.— 
‘‘(i) INITIAL DEADLINES.—The State, 
in the case of a State that has notified the 
Administrator under subsection (b)(1) that 
it will adopt and implement a coal combus-
tion residuals permit program, or the Ad-
ministrator, in the case of each other 
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State, shall require owners or operators of 
existing structures to comply with— 
‘‘(I) as of October 19, 2015, the 
requirements 
under 
paragraphs 
(2)(F), (2)(H), and (2)(L); 
‘‘(II) not later than 6 months 
after the date of enactment of this 
section, the requirement under para-
graph (2)(G); and 
‘‘(III) not later than 12 months 
after the date of enactment of this 
section, the requirements under para-
graphs (2)(A), (2)(I), (2)(J), (2)(K), 
and the requirement for a written clo-
sure plan under the criteria described 
in paragraph 2(C). 
‘‘(ii) SUBSEQUENT DEADLINES.—The 
implementing agency shall require owners 
or operators of existing structures to com-
ply with— 
‘‘(I) not later than 24 months 
after the date of enactment of this 
section, the requirements under para-
graph (2)(B); and 
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‘‘(II) not later than 36 months 
after the date of enactment of this 
section, the requirements under para-
graph (2)(E). 
‘‘(B) PERMITS.—Not later than 72 months 
after the date of enactment of this section, the 
implementing agency shall issue, with respect to 
an existing structure, a final permit incor-
porating the applicable requirements of the coal 
combustion residuals permit program, or a final 
denial of an application submitted requesting 
such a permit. 
‘‘(C) EFFECT OF COMPLIANCE.— 
‘‘(i) INTERIM REQUIREMENTS.—Prior 
to the date on which a final permit or final 
denial is issued under subparagraph (B), 
compliance with the requirements of sub-
paragraph (A), as determined by the State 
or Administrator, as applicable, shall con-
stitute compliance with the requirements of 
this section and the rule described in sub-
section (i)(1) for the purpose of enforce-
ment. 
‘‘(ii) 
FINAL
PERMIT.—Compliance 
with a final permit issued by the imple-
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