‘‘(2) REVIEW OF DETERMINATION.— 
‘‘(A) DETERMINATION
REQUIRED.—The 
Administrator shall make a determination 
under paragraph (1) not later than 90 days 
after the date on which the State submits a cer-
tification under paragraph (1)(A)(ii), or notifies 
the Administrator that the deficiencies have 
been remedied pursuant to paragraph (1)(B)(i), 
as applicable. 
‘‘(B) REVIEW.—A State may obtain a re-
view of a determination by the Administrator 
under paragraph (1) as if such determination 
was a final regulation for purposes of section 
7006. 
‘‘(3) IMPLEMENTATION DURING TRANSITION.— 
‘‘(A) EFFECT ON ACTIONS AND ORDERS.— 
Program requirements of, and actions taken or 
orders issued pursuant to, a coal combustion re-
siduals permit program shall remain in effect 
if— 
‘‘(i) a State takes control of its coal 
combustion residuals permit program from 
the Administrator under paragraph (1); or 
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‘‘(ii) the Administrator takes control 
of a coal combustion residuals permit pro-
gram from a State under subsection (e). 
‘‘(B) CHANGE
IN
REQUIREMENTS.—Sub-
paragraph (A) shall apply to such program re-
quirements, actions, and orders until such time 
as— 
‘‘(i) the implementing agency changes 
the requirements of the coal combustion 
residuals permit program with respect to 
the basis for the action or order; or 
‘‘(ii) the State or the Administrator, 
whichever took the action or issued the 
order, certifies the completion of a correc-
tive action that is the subject of the action 
or order. 
‘‘(4) SINGLE
PERMIT
PROGRAM.—If a State 
adopts and implements a coal combustion residuals 
permit program under this subsection, the Adminis-
trator shall cease to implement the permit program 
implemented under subsection (e)(1) for such State. 
‘‘(g) EFFECT ON DETERMINATION UNDER 4005(c) 
OR 3006.—The Administrator shall not consider the im-
plementation of a coal combustion residuals permit pro-
gram by the Administrator under subsection (e) in making 
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a determination of approval for a permit program or other 
system of prior approval and conditions under section 
4005(c) or of authorization for a program under section 
3006. 
‘‘(h) AUTHORITY.— 
‘‘(1) STATE AUTHORITY.—Nothing in this sec-
tion shall preclude or deny any right of any State to 
adopt or enforce any regulation or requirement re-
specting coal combustion residuals that is more 
stringent or broader in scope than a regulation or 
requirement under this section. 
‘‘(2) AUTHORITY OF THE ADMINISTRATOR.— 
‘‘(A) IN GENERAL.—Except as provided in 
subsections (d) and (e) and section 6005, the 
Administrator shall, with respect to the regula-
tion of coal combustion residuals, defer to the 
States pursuant to this section. 
‘‘(B) IMMINENT HAZARD.—Nothing in this 
section shall be construed as affecting the au-
thority of the Administrator under section 7003 
with respect to coal combustion residuals. 
‘‘(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 
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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. 
‘‘(3) CITIZEN SUITS.—Nothing in this section 
shall be construed to affect the authority of a person 
to commence a civil action in accordance with sec-
tion 7002. 
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‘‘(i) MINE RECLAMATION ACTIVITIES.—A coal com-
bustion residuals permit program implemented by the Ad-
ministrator under subsection (e) shall not apply to the uti-
lization, placement, and storage of coal combustion residu-
als at surface mining and reclamation operations. 
‘‘(j) DEFINITIONS.—In this section: 
‘‘(1) 
COAL
COMBUSTION
RESIDUALS.—The 
term ‘coal combustion residuals’ means— 
‘‘(A) the solid wastes listed in section 
3001(b)(3)(A)(i), including recoverable mate-
rials from such wastes; 
‘‘(B) coal combustion wastes that are co- 
managed with wastes produced in conjunction 
with the combustion of coal, provided that such 
wastes are not segregated and disposed of sepa-
rately from the coal combustion wastes and 
comprise a relatively small proportion of the 
total wastes being disposed in the structure; 
‘‘(C) fluidized bed combustion wastes; 
‘‘(D) wastes from the co-burning of coal 
with non-hazardous secondary materials, pro-
vided that coal makes up at least 50 percent of 
the total fuel burned; and 
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‘‘(E) wastes from the co-burning of coal 
with materials described in subparagraph (A) 
that are recovered from monofills. 
‘‘(2) COAL
COMBUSTION
RESIDUALS
PERMIT 
PROGRAM.—The term ‘coal combustion residuals 
permit program’ means all of the authorities, activi-
ties, and procedures that comprise the system of 
prior approval and conditions implemented by or for 
a State to regulate the management and disposal of 
coal combustion residuals. 
‘‘(3) CODE OF FEDERAL REGULATIONS.—The 
term ‘Code of Federal Regulations’ means the Code 
of Federal Regulations (as in effect on the date of 
enactment of this section) or any successor regula-
tions. 
‘‘(4) IMPLEMENTING AGENCY.—The term ‘im-
plementing agency’ means the agency responsible for 
implementing a coal combustion residuals permit 
program for a State, which shall either be the lead 
State implementing agency identified under sub-
section (b)(2)(B)(i) or the Administrator pursuant 
to subsection (e). 
‘‘(5) PERMIT; PRIOR
APPROVAL
AND
CONDI-
TIONS.—Except as provided in subsections (b)(3) 
and (g), the terms ‘permit’ and ‘prior approval and 
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conditions’ mean any authorization, license, or equiv-
alent control document that incorporates the re-
quirements of subsection (c). 
‘‘(6) REVISED
CRITERIA.—The term ‘revised 
criteria’ means the criteria promulgated for munic-
ipal solid waste landfill units under section 4004(a) 
and under section 1008(a)(3), as revised under sec-
tion 4010(c). 
‘‘(7) STRUCTURE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘structure’ means a 
landfill, surface impoundment, or other land- 
based unit which receives, or is intended to re-
ceive, coal combustion residuals. 
‘‘(B) DE
MINIMIS
RECEIPT.—The term 
‘structure’ does not include any land-based unit 
that receives only de minimis quantities of coal 
combustion residuals if the presence of coal 
combustion residuals is incidental to the mate-
rial managed in the unit.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents contained in section 1001 of the Solid Waste Dis-
posal Act is amended by inserting after the item relating 
to section 4010 the following: 
‘‘Sec. 4011. Management and disposal of coal combustion residuals.’’. 
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SEC. 3. 2000 REGULATORY DETERMINATION. 
Nothing in this Act, or the amendments made by this 
Act, shall be construed to alter in any manner the Envi-
ronmental Protection Agency’s regulatory determination 
entitled ‘‘Notice of Regulatory Determination on Wastes 
From the Combustion of Fossil Fuels’’, published at 65 
Fed. Reg. 32214 (May 22, 2000), that the fossil fuel com-
bustion wastes addressed in that determination do not 
warrant regulation under subtitle C of the Solid Waste 
Disposal Act (42 U.S.C. 6921 et seq.). 
SEC. 4. TECHNICAL ASSISTANCE. 
Nothing in this Act, or the amendments made by this 
Act, shall be construed to affect the authority of a State 
to request, or the Administrator of the Environmental 
Protection Agency to provide, technical assistance under 
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). 
SEC. 5. FEDERAL POWER ACT. 
Nothing in this Act, or the amendments made by this 
Act, shall be construed to affect the obligations of an 
owner or operator of a structure (as defined in section 
4011 of the Solid Waste Disposal Act, as added by this 
Act) under section 215(b)(1) of the Federal Power Act 
(16 U.S.C. 824o(b)(1)). 
Æ 
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