Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Coal Residuals Reuse and Management Act of 2013’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title and table of contents. 
Sec. 2. Management and disposal of coal combustion residuals. 
Sec. 3. 2000 regulatory determination. 
Sec. 4. Technical assistance. 
Sec. 5. Federal Power Act. 
SEC. 2. MANAGEMENT AND DISPOSAL OF COAL COMBUS-
TION RESIDUALS. 
(a) IN GENERAL.—Subtitle D of the Solid Waste Dis-
posal Act (42 U.S.C. 6941 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COM-
BUSTION RESIDUALS. 
‘‘(a) STATE PERMIT PROGRAMS FOR COAL COMBUS-
TION RESIDUALS.—Each State may adopt, implement, 
and enforce a coal combustion residuals permit program 
if such State provides the notification required under sub-
section (b)(1), and the certification required under sub-
section (b)(2). 
‘‘(b) STATE ACTIONS.— 
‘‘(1) NOTIFICATION.—Not later than 6 months 
after the date of enactment of this section (except
as provided by the deadline identified under sub-
section (d)(3)(B)), the Governor of each State shall 
notify the Administrator, in writing, whether such 
State will adopt and implement a coal combustion 
residuals permit program. 
‘‘(2) CERTIFICATION.— 
‘‘(A) IN
GENERAL.—Not later than 36 
months after the date of enactment of this sec-
tion 
(except 
as 
provided 
in 
subsection 
(f)(1)(A)), in the case of a State that has noti-
fied the Administrator that it will implement a 
coal combustion residuals permit program, the 
head of the lead State implementing agency 
shall submit to the Administrator a certification 
that such coal combustion residuals permit pro-
gram meets the requirements described in sub-
section (c). 
‘‘(B) CONTENTS.—A certification sub-
mitted under this paragraph shall include— 
‘‘(i) a letter identifying the lead State 
implementing agency, signed by the head 
of such agency; 
‘‘(ii) identification of any other State 
agencies involved with the implementation
of the coal combustion residuals permit 
program; 
‘‘(iii) an explanation of how the State 
coal combustion residuals permit program 
meets the requirements of this section, in-
cluding a description of the State’s— 
‘‘(I) process to inspect or other-
wise determine compliance with such 
permit program; 
‘‘(II) process to enforce the re-
quirements of such permit program; 
‘‘(III) public participation proc-
ess for the promulgation, amendment, 
or repeal of regulations for, and the 
issuance of permits under, such per-
mit program; 
‘‘(IV) statutes, regulations, or 
policies pertaining to public access to 
information, such as groundwater 
monitoring data; and 
‘‘(V) statutes, regulations, or 
policies pertaining to structural integ-
rity or dam safety that may be ap-
plied to structures through such per-
mit program;
‘‘(iv) a certification that the State has 
in effect, at the time of certification, 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); and 
‘‘(vi) an emergency action plan for 
State response to a leak or spill at a struc-
ture that receives coal combustion residu-
als. 
‘‘(C) UPDATES.—A State may update the 
certification as needed to reflect changes to the 
coal combustion residuals permit program. 
‘‘(3) MAINTENANCE OF 4005(c) OR 3006 PRO-
GRAM.—In order to adopt or implement a coal com-
bustion residuals permit program under this section 
(including pursuant to subsection (f)), the State im-
plementing agency shall maintain an approved per-
mit program or other system of prior approval and 
conditions under section 4005(c) or an authorized 
program under section 3006.
‘‘(c) REQUIREMENTS FOR A COAL COMBUSTION RE-
SIDUALS PERMIT PROGRAM.—A coal combustion residuals 
permit program shall consist of the following: 
‘‘(1) GENERAL REQUIREMENTS.— 
‘‘(A) IN
GENERAL.—The implementing 
agency shall— 
‘‘(i) apply the subset of the revised 
criteria described in paragraph (2) to own-
ers or operators of structures, including 
surface impoundments, that receive coal 
combustion residuals on or after the date 
of enactment of this section; 
‘‘(ii) with respect to structures that 
are receiving coal combustion residuals as 
of the date of enactment of this section, 
take the actions required under paragraph 
(3); 
‘‘(iii) impose requirements for surface 
impoundments that do not meet certain 
criteria pursuant to paragraph (4); and 
‘‘(iv) require that closure of structures 
occur in accordance with paragraph (5). 
‘‘(B) STRUCTURAL INTEGRITY.— 
‘‘(i) ENGINEERING CERTIFICATION.— 
The implementing agency shall require
that an independent registered professional 
engineer certify that— 
‘‘(I) the design of each structure 
that receives coal combustion residu-
als on or after the date of enactment 
of this section is in accordance with 
recognized and generally accepted 
good engineering practices for con-
tainment of the maximum volume of 
coal combustion residuals and liquids 
which can be impounded therein; and 
‘‘(II) the construction and main-
tenance of the structure will ensure 
structural stability. 
‘‘(ii) EMERGENCY
ACTION
PLAN.— 
The implementing agency shall require 
that the owner or operator of any structure 
that is a surface impoundment that re-
ceives coal combustion residuals on or after 
the date of enactment of this section and 
that is classified by the State as posing a 
high hazard potential pursuant to the 
guidelines published by the Federal Emer-
gency Management Agency entitled ‘Fed-
eral Guidelines for Dam Safety: Hazard
Potential Classification System for Dams’ 
(FEMA Publication Number 333) prepare 
and maintain an emergency action plan 
that identifies responsible persons and ac-
tions to be taken in the event of a dam 
safety emergency. 
‘‘(iii) INSPECTION.— 
‘‘(I) IN
GENERAL.—The imple-
menting agency shall require that 
structures that are surface impound-
ments that receive coal combustion re-
siduals on or after the date of enact-
ment of this section be inspected not 
less than annually by an independent 
registered professional engineer to as-
sure that the design, operation, and 
maintenance of the surface impound-
ment is in accordance with recognized 
and generally accepted good engineer-
ing practices for containment of the 
maximum volume of coal combustion 
residuals and liquids which can be im-
pounded therein, so as to ensure dam 
stability.
‘‘(II) POTENTIALLY HAZARDOUS 
CONDITIONS.—The 
implementing 
agency shall require that if an inspec-
tion under subclause (I), or a periodic 
evaluation under clause (iv), reveals a 
potentially hazardous condition, the 
owner or operator of the structure 
shall immediately take action to miti-
gate the potentially hazardous condi-
tion and notify appropriate State and 
local first responders. 
‘‘(iv) PERIODIC
EVALUATION.—The 
implementing agency shall require that 
structures that are surface impoundments 
that receive coal combustion residuals on 
or after the date of enactment of this sec-
tion be periodically evaluated for appear-
ances of structural weakness. 
‘‘(v) DEFICIENCY.— 
‘‘(I) IN GENERAL.—If the head 
of the implementing agency deter-
mines that a structure is deficient 
with respect to the requirements in 
clause (i), (iii), or (iv), the head of the 
agency has the authority to require
action to correct the deficiency accord-
ing to a schedule determined by the 
agency. 
‘‘(II) 
UNCORRECTED
DEFI-
CIENCIES.—If a deficiency is not cor-
rected according to the schedule, the 
head of the implementing agency has 
the authority to require that the 
structure close in accordance with 
paragraph (5). 
‘‘(III) DAM
SAFETY
CONSULTA-
TION.—In the case of a structure that 
is a surface impoundment, the head of 
the implementing agency shall, in 
making a determination under sub-
clause (I), consult with appropriate 
State dam safety officials. 
‘‘(C) LOCATION.—The implementing agen-
cy shall require that structures that first receive 
coal combustion residuals on or after the date 
of enactment of this section shall be constructed 
with a base located a minimum of 2 feet above 
the upper limit of the water table, unless it is 
demonstrated to the satisfaction of the imple-
menting agency that—
‘‘(i) the hydrogeologic characteristics 
of a structure and surrounding land would 
preclude such a requirement; and 
‘‘(ii) the function and integrity of the 
liner system will not be adversely impacted 
by contact with the water table. 
‘‘(D) WIND DISPERSAL.— 
‘‘(i) IN GENERAL.—The implementing 
agency shall require that owners or opera-
tors of structures that receive coal combus-
tion residuals on or after the date of enact-
ment of this section address wind dispersal 
of dust by requiring cover, or by wetting 
coal combustion residuals with water to a 
moisture content that prevents wind dis-
persal, facilitates compaction, and does not 
result in free liquids. 
‘‘(ii) ALTERNATIVE METHODS.—Sub-
ject to the review and approval by the im-
plementing agency, owners or operators of 
structures that receive coal combustion re-
siduals on or after the date of enactment 
of this section may propose alternative 
methods to address wind dispersal of dust
that will provide comparable or more effec-
tive control of dust. 
‘‘(E) PERMITS.—The implementing agency 
shall require that owners or operators of struc-
tures that receive coal combustion residuals on 
or after the date of enactment of this section 
apply for and obtain permits incorporating the 
requirements of the coal combustion residuals 
permit program. 
‘‘(F) PUBLIC AVAILABILITY OF INFORMA-
TION.—Except for information with respect to 
which disclosure is prohibited under section 
1905 of title 18, United States Code, the imple-
menting agency shall ensure that— 
‘‘(i) documents for permit determina-
tions are made available for public review 
and comment under the public participa-
tion 
process 
described 
in 
subsection 
(b)(2)(B)(iii)(III) or in subsection (e)(6), 
as applicable; 
‘‘(ii) final determinations on permit 
applications are made known to the public; 
and
‘‘(iii) groundwater monitoring data 
collected under paragraph (2) is publicly 
available. 
‘‘(G) AGENCY AUTHORITY.— 
‘‘(i) IN GENERAL.—The implementing 
agency has the authority to— 
‘‘(I) obtain information necessary 
to determine whether the owner or op-
erator of a structure is in compliance 
with the requirements of this sub-
section; 
‘‘(II) conduct or require moni-
toring and testing to ensure that 
structures are in compliance with the 
requirements of this subsection; and 
‘‘(III) enter, at reasonable times, 
any site or premise subject to the coal 
combustion residuals permit program 
for the purpose of inspecting struc-
tures and reviewing records relevant 
to the design, operation, and mainte-
nance of structures. 
‘‘(ii) MONITORING AND TESTING.—If 
monitoring or testing is conducted under 
clause (i)(II) by or for the implementing
agency, the implementing agency shall, if 
requested, provide to the owner or oper-
ator— 
‘‘(I) a written description of the 
monitoring or testing completed; 
‘‘(II) at the time of sampling, a 
portion of each sample equal in vol-
ume or weight to the portion retained 
by or for the implementing agency; 
and 
‘‘(III) a copy of the results of 
any analysis of samples collected by or 
for the implementing agency. 
‘‘(2) REVISED CRITERIA.—The subset of the re-
vised criteria referred to in paragraph (1)(A)(i) are 
as follows: 
‘‘(A) DESIGN
REQUIREMENTS.—For new 
structures, and lateral expansions of existing 
structures, that first receive coal combustion re-
siduals on or after the date of enactment of this 
section, the revised criteria regarding design re-
quirements described in section 258.40 of title 
40, Code of Federal Regulations, except that 
the leachate collection system requirements de-
scribed in section 258.40(a)(2) of title 40, Code
of Federal Regulations, do not apply to struc-
tures that are surface impoundments. 
‘‘(B) GROUNDWATER
MONITORING
AND 
CORRECTIVE ACTION.—For all structures that 
receive coal combustion residuals on or after the 
date of enactment of this section, the revised 
criteria regarding groundwater monitoring and 
corrective action requirements described in sub-
part E of part 258 of title 40, Code of Federal 
Regulations, except that, for the purposes of 
this subparagraph, the revised criteria shall also 
include— 
‘‘(i) for the purposes of detection 
monitoring, the constituents boron, chlo-
ride, conductivity, fluoride, mercury, pH, 
sulfate, sulfide, and total dissolved solids; 
and 
‘‘(ii) for the purposes of assessment 
monitoring, establishing a groundwater 
protection standard, and assessment of 
corrective measures, the constituents alu-
minum, boron, chloride, fluoride, iron, 
manganese, molybdenum, pH, sulfate, and 
total dissolved solids.
‘‘(C) CLOSURE.—For all structures that 
receive coal combustion residuals on or after the 
date of enactment of this section, in a manner 
consistent with paragraph (5), the revised cri-
teria for closure described in subsections (a) 
through (c) and (h) through (j) of section 
258.60 of title 40, Code of Federal Regulations. 
‘‘(D) POST-CLOSURE.—For all structures 
that receive coal combustion residuals on or 
after the date of enactment of this section, the 
revised criteria for post-closure care described 
in section 258.61 of title 40, Code of Federal 
Regulations, except for the requirement de-
scribed in subsection (a)(4) of that section. 
‘‘(E) LOCATION
RESTRICTIONS.—The re-
vised criteria for location restrictions described 
in— 
‘‘(i) for new structures, and lateral ex-
pansions of existing structures, that first 
receive coal combustion residuals on or 
after the date of enactment of this section, 
sections 258.11 through 258.15 of title 40, 
Code of Federal Regulations; and 
‘‘(ii) for existing structures that re-
ceive coal combustion residuals on or after
the date of enactment of this section, sec-
tions 258.11 and 258.15 of title 40, Code 
of Federal Regulations. 
‘‘(F) AIR
QUALITY.—For all structures 
that receive coal combustion residuals on or 
after the date of enactment of this section, the 
revised criteria for air quality described in sec-
tion 258.24 of title 40, Code of Federal Regula-
tions. 
‘‘(G) FINANCIAL
ASSURANCE.—For all 
structures that receive coal combustion residu-
als on or after the date of enactment of this 
section, the revised criteria for financial assur-
ance described in subpart G of part 258 of title 
40, Code of Federal Regulations. 
‘‘(H) SURFACE WATER.—For all structures 
that receive coal combustion residuals on or 
after the date of enactment of this section, the 
revised criteria for surface water described in 
section 258.27 of title 40, Code of Federal Reg-
ulations. 
‘‘(I) RECORDKEEPING.—For all structures 
that receive coal combustion residuals on or 
after the date of enactment of this section, the 
revised criteria for recordkeeping described in
section 258.29 of title 40, Code of Federal Reg-
ulations. 
‘‘(J) RUN-ON AND RUN-OFF CONTROL SYS-
TEMS FOR LAND-BASED UNITS.—For all land-
fills and other land-based units, other than sur-
face impoundments, that receive coal combus-
tion residuals on or after the date of enactment 
of this section, the revised criteria for run-on 
and run-off control systems described in section 
258.26 of title 40, Code of Federal Regulations. 
‘‘(K) RUN-OFF
CONTROL
SYSTEMS
FOR 
SURFACE IMPOUNDMENTS.—For all surface im-
poundments that receive coal combustion re-
siduals on or after the date of enactment of this 
section, the revised criteria for run-off control 
systems described in section 258.26(a)(2) of 
title 40, Code of Federal Regulations. 
‘‘(3) PERMIT PROGRAM IMPLEMENTATION FOR 
EXISTING STRUCTURES.— 
‘‘(A) NOTIFICATION.—Not later than the 
date on which a State submits a certification 
under subsection (b)(2), not later than 30 
months after the Administrator receives notice 
under subsection (e)(1)(A), or not later than 36 
months after the date of enactment of this sec-
tion with respect to a coal combustion residuals 
permit program that is being implemented by 
the Administrator under subsection (e)(3), as 
applicable, the implementing agency shall notify 
owners or operators of structures that are re-
ceiving coal combustion residuals as of the date 
of enactment of this section within the State 
of— 
‘‘(i) the obligation to apply for and 
obtain a permit under subparagraph (C); 
and 
‘‘(ii) the requirements referred to in 
subparagraph (B). 
‘‘(B) COMPLIANCE
WITH
CERTAIN
RE-
QUIREMENTS.—Not later than 12 months after 
the date on which a State submits a certifi-
cation under subsection (b)(2), not later than 
42 months after the Administrator receives no-
tice under subsection (e)(1)(A), or not later 
than 48 months after the date of enactment of 
this section with respect to a coal combustion 
residuals permit program that is being imple-
mented by the Administrator under subsection 
(e)(3), as applicable, the implementing agency 
shall require owners or operators of structures
that are receiving coal combustion residuals as 
of the date of enactment of this section to com-
ply with— 
‘‘(i) the requirements under para-
graphs (1)(B)(ii) and (iii), (1)(D), (2)(B), 
(2)(F), (2)(H), (2)(J), and (2)(K); and 
‘‘(ii) the groundwater recordkeeping 
requirement 
described 
in 
section 
258.29(a)(5) of title 40, Code of Federal 
Regulations. 
‘‘(C) PERMITS.— 
‘‘(i) PERMIT
DEADLINE.—Not later 
than 48 months after the date on which a 
State submits a certification under sub-
section (b)(2), not later than 78 months 
after the Administrator receives notice 
under subsection (e)(1)(A), or not later 
than 84 months after the date of enact-
ment of this section with respect to a coal 
combustion residuals permit program that 
is being implemented by the Administrator 
under subsection (e)(3), as applicable, the 
implementing agency shall issue, with re-
spect to a structure that is receiving coal 
combustion residuals as of the date of en-
actment of this section, a final permit in-
corporating the requirements of the coal 
combustion residuals permit program, or a 
final denial for an application submitted 
requesting such a permit. 
‘‘(ii) APPLICATION
DEADLINE.—The 
implementing agency shall identify, in col-
laboration with the owner or operator of a 
structure described in clause (i), a reason-
able deadline by which the owner or oper-
ator shall submit a permit application 
under such clause. 
‘‘(D) INTERIM OPERATION.— 
‘‘(i) PRIOR TO DEADLINES.—With re-
spect to any period of time on or after the 
date of enactment of this section but prior 
to the applicable deadline in subparagraph 
(B), the owner or operator of a structure 
that is receiving coal combustion residuals 
as of the date of enactment of this section 
may continue to operate such structure 
until such applicable deadline under the 
applicable authority in effect. 
‘‘(ii) PRIOR TO PERMIT.—Unless the 
implementing agency determines that the
structure should close pursuant to para-
graph (5), if the owner or operator of a 
structure that is receiving coal combustion 
residuals as of the date of enactment of 
this section meets the requirements re-
ferred to in subparagraph (B) by the appli-
cable deadline in such subparagraph, the 
owner or operator may operate the struc-
ture until such time as the implementing 
agency issues, under subparagraph (C), a 
final permit incorporating the requirements 
of the coal combustion residuals permit 
program, or a final denial for an applica-
tion submitted requesting such a permit. 
‘‘(4) REQUIREMENTS FOR SURFACE IMPOUND-
MENTS THAT DO NOT MEET CERTAIN CRITERIA.— 
‘‘(A) SURFACE IMPOUNDMENTS THAT RE-
QUIRE ASSESSMENT OF CORRECTIVE MEASURES 
WITHIN 10 YEARS OF THE DATE OF ENACT-
MENT.— 
‘‘(i) IN GENERAL.—In addition to the 
groundwater monitoring and corrective ac-
tion requirements described in paragraph 
(2)(B), the implementing agency shall re-
quire a surface impoundment that receives
coal combustion residuals on or after the 
date of enactment of this section to comply 
with the requirements in clause (ii) of this 
subparagraph and clauses (i) and (ii) of 
subparagraph (D) if the surface impound-
ment— 
‘‘(I) does not— 
‘‘(aa) have a liner system 
described in section 258.40(b) of 
title 40, Code of Federal Regula-
tions; and 
‘‘(bb) meet the design cri-
teria 
described 
in 
section 
258.40(a)(1) of title 40, Code of 
Federal Regulations; and 
‘‘(II) within 10 years after the 
date of enactment of this section, is 
required under section 258.56(a) of 
title 40, Code of Federal Regulations, 
to undergo an assessment of correc-
tive measures for any constituent cov-
ered under subpart E of part 258 of 
title 40, Code of Federal Regulations, 
or otherwise identified in paragraph 
(2)(B)(ii) of this subsection, for which
assessment groundwater monitoring is 
required. 
‘‘(ii) DEADLINE
TO
MEET
GROUND-
WATER
PROTECTION
STANDARD.—Except 
as provided in subparagraph (C), the im-
plementing agency shall require that the 
groundwater protection standard, for sur-
face impoundments identified in clause (i) 
of this subparagraph, established by the 
implementing 
agency 
under 
section 
258.55(h) or 258.55(i) of title 40, Code of 
Federal Regulations, for any constituent 
for which corrective measures are required 
shall be met— 
‘‘(I) as soon as practicable at the 
relevant point of compliance, as de-
scribed in section 258.40(d) of title 
40, Code of Federal Regulations; and 
‘‘(II) not later than 10 years 
after the date of enactment of this 
section. 
‘‘(B) SURFACE
IMPOUNDMENTS
SUBJECT 
TO
A
STATE
CORRECTIVE
ACTION
REQUIRE-
MENT AS OF THE DATE OF ENACTMENT.—
‘‘(i) IN GENERAL.—In addition to the 
groundwater monitoring and corrective ac-
tion requirements described in paragraph 
(2)(B), the implementing agency shall re-
quire a surface impoundment that receives 
coal combustion residuals on or after the 
date of enactment of this section to comply 
with the requirements in clause (ii) of this 
subparagraph and clauses (i) and (ii) of 
subparagraph (D) if the surface impound-
ment— 
‘‘(I) does not— 
‘‘(aa) have a liner system 
described in section 258.40(b) of 
title 40, Code of Federal Regula-
tions; and 
‘‘(bb) meet the design cri-
teria 
described 
in 
section 
258.40(a)(1) of title 40, Code of 
Federal Regulations; and 
‘‘(II) as of the date of enactment 
of this section, is subject to a State 
corrective action requirement. 
‘‘(ii) DEADLINE
TO
MEET
GROUND-
WATER
PROTECTION
STANDARD.—Except
as provided in subparagraph (C), the im-
plementing agency shall require that the 
groundwater protection standard, for sur-
face impoundments identified in clause (i) 
of this subparagraph, established by the 
implementing 
agency 
under 
section 
258.55(h) or 258.55(i) of title 40, Code of 
Federal Regulations, for any constituent 
for which corrective measures are required 
shall be met— 
‘‘(I) as soon as practicable at the 
relevant point of compliance, as de-
scribed in section 258.40(d) of title 
40, Code of Federal Regulations; and 
‘‘(II) not later than 8 years after 
the date of enactment of this section. 
‘‘(C) EXTENSION OF DEADLINE.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii) of this subparagraph, 
the deadline for meeting a groundwater 
protection standard under subparagraph 
(A)(ii) or (B)(ii) may be extended by the 
implementing agency, after opportunity for 
public notice and comment under the pub-
lic participation process described in sub-
section (b)(2)(B)(iii)(III), or in subsection 
(e)(6) based on— 
‘‘(I) the effectiveness of any in-
terim measures implemented by the 
owner or operator of the facility under 
section 258.58(a)(3) of title 40, Code 
of Federal Regulations; 
‘‘(II) the level of progress dem-
onstrated in meeting the groundwater 
protection standard; 
‘‘(III) the potential for other ad-
verse human health or environmental 
exposures attributable to the contami-
nation from the surface impoundment 
undergoing corrective action; and 
‘‘(IV) the lack of available alter-
native management capacity for the 
coal combustion residuals and related 
materials managed in the impound-
ment at the facility at which the im-
poundment is located if the owner or 
operator has used best efforts, as nec-
essary, to design, obtain any nec-
essary permits, finance, construct, and 
render operational the alternative
management capacity during the time 
period for meeting a groundwater pro-
tection 
standard 
in 
subparagraph 
(A)(ii) or (B)(ii). 
‘‘(ii) 
EXCEPTION.—The 
deadline 
under subparagraph (A)(ii) or (B)(ii) shall 
not be extended if there has been contami-
nation of public or private drinking water 
systems attributable to a surface impound-
ment undergoing corrective action, unless 
the contamination has been addressed by 
providing a permanent replacement water 
system. 
‘‘(D) ADDITIONAL REQUIREMENTS.— 
‘‘(i) CLOSURE.—If the deadline under 
subparagraph (A)(ii), (B)(ii), or (C) is not 
satisfied, the surface impoundment shall 
cease receiving coal combustion residuals 
and initiate closure under paragraph (5). 
‘‘(ii) INTERIM MEASURES.— 
‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II), not later 
than 90 days after the date on which 
the assessment of corrective measures 
is initiated, the owner or operator of
a surface impoundment described in 
subparagraph (A) or (B) shall imple-
ment interim measures, as necessary, 
under 
the 
factors 
in 
section 
258.58(a)(3) of title 40, Code of Fed-
eral Regulations. 
‘‘(II) IMPOUNDMENTS
SUBJECT 
TO
STATE
CORRECTIVE
ACTION
RE-
QUIREMENT AS OF THE DATE OF EN-
ACTMENT.—Subclause (I) shall only 
apply to surface impoundments sub-
ject to a State corrective action re-
quirement as of the date of enactment 
of this section if the owner or oper-
ator has not implemented interim 
measures, as necessary, under the fac-
tors in section 258.58(a)(3) of title 
40, Code of Federal Regulations. 
‘‘(E) SURFACE IMPOUNDMENTS THAT RE-
QUIRE ASSESSMENT OF CORRECTIVE MEASURES 
MORE THAN 10 YEARS AFTER DATE OF ENACT-
MENT.— 
‘‘(i) IN GENERAL.—In addition to the 
groundwater monitoring and corrective ac-
tion requirements described in paragraph
(2)(B), the implementing agency shall re-
quire a surface impoundment that receives 
coal combustion residuals on or after the 
date of enactment of this section to comply 
with the requirements in clause (ii) if the 
surface impoundment— 
‘‘(I) does not— 
‘‘(aa) have a liner system 
described in section 258.40(b) of 
title 40, Code of Federal Regula-
tions; and 
‘‘(bb) meet the design cri-
teria 
described 
in 
section 
258.40(a)(1) of title 40, Code of 
Federal Regulations; and 
‘‘(II) more than 10 years after 
the date of enactment of this section, 
is required under section 258.56(a) 
title 40, Code of Federal Regulations, 
to undergo an assessment of correc-
tive measures for any constituent cov-
ered under subpart E of part 258 of 
title 40, Code of Federal Regulations, 
or otherwise identified in paragraph 
(2)(B)(ii) of this subsection, for which
assessment groundwater monitoring is 
required. 
‘‘(ii) REQUIREMENTS.— 
‘‘(I) CLOSURE.—The surface im-
poundments identified in clause (i) 
shall cease receiving coal combustion 
residuals and initiate closure in ac-
cordance with paragraph (5) after al-
ternative management capacity at the 
facility is available for the coal com-
bustion residuals and related mate-
rials managed in the impoundment. 
‘‘(II) BEST
EFFORTS.—The al-
ternative management capacity shall 
be developed as soon as practicable 
with the owner or operator using best 
efforts to design, obtain necessary 
permits for, finance, construct, and 
render operational the alternative 
management capacity. 
‘‘(III) ALTERNATIVE
CAPACITY 
MANAGEMENT
PLAN.—The owner or 
operator shall, in collaboration with 
the implementing agency, prepare a 
written plan that describes the steps
necessary to develop the alternative 
management capacity and includes a 
schedule for completion. 
‘‘(IV) PUBLIC PARTICIPATION.— 
The plan described in subclause (III) 
shall be subject to public notice and 
comment under the public participa-
tion process described in subsection 
(b)(2)(B)(iii)(III) or in subsection 
(e)(6), as applicable. 
‘‘(5) CLOSURE.— 
‘‘(A) IN GENERAL.—If it is determined by 
the implementing agency that a structure 
should close because the requirements of a coal 
combustion residuals permit program are not 
being satisfied with respect to such structure, 
or if it is determined by the owner or operator 
that a structure should close, the time period 
and method for the closure of such structure 
shall be set forth in a closure plan that estab-
lishes a deadline for completion of closure as 
soon as practicable and that takes into account 
the nature and the site-specific characteristics 
of the structure to be closed.
‘‘(B) SURFACE
IMPOUNDMENT.—In the 
case of a surface impoundment, the closure plan 
under subparagraph (A) shall require, at a min-
imum, the removal of liquid and the stabiliza-
tion of remaining waste, as necessary to sup-
port the final cover. 
‘‘(d) FEDERAL REVIEW
OF STATE PERMIT PRO-
GRAMS.— 
‘‘(1) IN
GENERAL.—The Administrator shall 
provide to a State written notice and an opportunity 
to remedy deficiencies in accordance with paragraph 
(3) if at any time the State— 
‘‘(A) does not satisfy the notification re-
quirement under subsection (b)(1); 
‘‘(B) has not submitted a certification re-
quired under subsection (b)(2); 
‘‘(C) does not satisfy the maintenance re-
quirement under subsection (b)(3); 
‘‘(D) is not implementing a coal combus-
tion residuals permit program, with respect to 
which the State has submitted a certification 
under subsection (b)(2), that meets the require-
ments described in subsection (c); 
‘‘(E) is not implementing a coal combus-
tion residuals permit program, with respect to
which the State has submitted a certification 
under subsection (b)(2)— 
‘‘(i) that is consistent with such cer-
tification; and 
‘‘(ii) for which the State continues to 
have in effect statutes or regulations nec-
essary to implement such program; or 
‘‘(F) does not make available to the Ad-
ministrator, within 90 days of a written re-
quest, specific information necessary for the 
Administrator to ascertain whether the State 
has satisfied the requirements described in sub-
paragraphs (A) through (E). 
‘‘(2) REQUEST.—If a request described in para-
graph (1)(F) is proposed pursuant to a petition to 
the Administrator, the Administrator shall only 
make the request if the Administrator does not pos-
sess the information necessary to ascertain whether 
the State has satisfied the requirements described in 
subparagraphs (A) through (E) of such paragraph. 
‘‘(3) CONTENTS OF NOTICE; DEADLINE FOR RE-
SPONSE.—A notice provided under paragraph (1) 
shall— 
‘‘(A) include findings of the Administrator 
detailing any applicable deficiencies described in
subparagraphs (A) through (F) of paragraph 
(1); and 
‘‘(B) identify, in collaboration with the 
State, a reasonable deadline by which the State 
shall remedy such applicable deficiencies, which 
shall be— 
‘‘(i) in the case of a deficiency de-
scribed in subparagraphs (A) through (E) 
of paragraph (1), not earlier than 180 
days after the date on which the State re-
ceives the notice; and 
‘‘(ii) in the case of a deficiency de-
scribed in paragraph (1)(F), not later than 
90 days after the date on which the State 
receives the notice. 
‘‘(4) CRITERIA FOR DETERMINING DEFICIENCY 
OF STATE PERMIT PROGRAM.—In making a deter-
mination whether a State has failed to satisfy the re-
quirements described in subparagraphs (A) through 
(E) of paragraph (1), or a determination under sub-
section (e)(1)(B), the Administrator shall consider, 
as appropriate— 
‘‘(A) whether the State’s statutes or regu-
lations to implement a coal combustion residu-
als permit program are not sufficient to meet
the requirements described in subsection (c) be-
cause of— 
‘‘(i) failure of the State to promulgate 
or enact new statutes or regulations when 
necessary; or 
‘‘(ii) action by a State legislature or 
court striking down or limiting such State 
statutes or regulations; 
‘‘(B) whether the operation of the State 
coal combustion residuals permit program fails 
to comply with the requirements of subsection 
(c) because of— 
‘‘(i) failure of the State to issue per-
mits as required in subsection (c)(1)(E); 
‘‘(ii) repeated issuance of permits by 
the State which do not meet the require-
ments of subsection (c); 
‘‘(iii) failure of the State to comply 
with the public participation requirements 
of this section; or 
‘‘(iv) failure of the State to implement 
corrective action requirements as described 
in subsection (c)(2)(B); and 
‘‘(C) whether the enforcement of a State 
coal combustion residuals permit program fails
to comply with the requirements of this section 
because of— 
‘‘(i) failure to act on violations of per-
mits, as identified by the State; or 
‘‘(ii) repeated failure by the State to 
inspect or otherwise determine compliance 
pursuant to the process identified in sub-
section (b)(2)(B)(iii)(I). 
‘‘(e) IMPLEMENTATION BY ADMINISTRATOR.— 
‘‘(1) FEDERAL
BACKSTOP
AUTHORITY.—The 
Administrator shall implement a coal combustion re-
siduals permit program for a State only if— 
‘‘(A) the Governor of the State notifies the 
Administrator under subsection (b)(1) that the 
State will not adopt and implement a permit 
program; 
‘‘(B) the State has received a notice under 
subsection (d) and the Administrator deter-
mines, after providing a 30-day period for no-
tice and public comment, that the State has 
failed, by the deadline identified in the notice 
under subsection (d)(3)(B), to remedy the defi-
ciencies detailed in the notice under subsection 
(d)(3)(A); or
‘‘(C) the State informs the Administrator, 
in writing, that such State will no longer imple-
ment such a permit program. 
‘‘(2) REVIEW.—A State may obtain a review of 
a determination by the Administrator under this 
subsection as if the determination was a final regu-
lation for purposes of section 7006. 
‘‘(3) OTHER
STRUCTURES.—For structures 
that receive coal combustion residuals on or after 
the date of enactment of this section located on 
property within the exterior boundaries of a State 
that the State does not have authority or jurisdiction 
to regulate, the Administrator shall implement a coal 
combustion residuals permit program only for those 
structures. 
‘‘(4) REQUIREMENTS.—If the Administrator 
implements a coal combustion residuals permit pro-
gram for a State under paragraph (1) or (3), the 
permit program shall consist of the requirements de-
scribed in subsection (c). 
‘‘(5) ENFORCEMENT.— 
‘‘(A) IN GENERAL.—If the Administrator 
implements a coal combustion residuals permit 
program for a State under paragraph (1)—
‘‘(i) the authorities referred to in sec-
tion 4005(c)(2)(A) shall apply with respect 
to coal combustion residuals and structures 
for which the Administrator is imple-
menting the coal combustion residuals per-
mit program; and 
‘‘(ii) the Administrator may use those 
authorities to inspect, gather information, 
and enforce the requirements of this sec-
tion in the State. 
‘‘(B) OTHER STRUCTURES.—If the Admin-
istrator implements a coal combustion residuals 
permit program under paragraph (3)— 
‘‘(i) the authorities referred to in sec-
tion 4005(c)(2)(A) shall apply with respect 
to coal combustion residuals and structures 
for which the Administrator is imple-
menting the coal combustion residuals per-
mit program; and 
‘‘(ii) the Administrator may use those 
authorities to inspect, gather information, 
and enforce the requirements of this sec-
tion for the structures for which the Ad-
ministrator is implementing the coal com-
bustion residuals permit program.
‘‘(C) ENFORCEMENT
ASSISTANCE
ONLY 
UPON REQUEST.—Upon request from the head 
of a lead State agency that is implementing a 
coal combustion residuals permit program, the 
Administrator may provide to such State agen-
cy only the enforcement assistance requested. 
‘‘(D) CONCURRENT
ENFORCEMENT.—Ex-
cept as provided in subparagraph (C), the Ad-
ministrator shall not have concurrent enforce-
ment authority when a State is implementing a 
coal combustion residuals permit program, in-
cluding during any period of interim operation 
described in subsection (c)(3)(D). 
‘‘(E) OTHER AUTHORITY.—The Adminis-
trator shall not have authority to finalize the 
proposed rule published at pages 35128 
through 35264 of volume 75 of the Federal 
Register (June 21, 2010). 
‘‘(F) OTHER
RESPONSE
AUTHORITY.— 
Nothing in this section shall be construed as af-
fecting the authority of the Administrator 
under the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.) with respect to 
coal combustion residuals.