bustion 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 receives coal 
combustion residuals on or after the date of 
enactment of this section and that is classi-
fied by the State as posing a high hazard 
potential pursuant to the guidelines pub-
lished by the Federal Emergency Manage-
ment Agency entitled ‘Federal Guidelines 
for Dam Safety: Hazard Potential Classi-
fication System for Dams’ (FEMA Publica-
tion Number 333) prepare and maintain an 
emergency action plan that identifies re-
sponsible persons and actions 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-
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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 agen-
cy shall require that if an inspection 
under subclause (I), or a periodic eval-
uation under clause (iv), reveals a po-
tentially 
hazardous 
condition, 
the 
owner or operator of the structure shall 
immediately take action to mitigate 
the potentially hazardous condition 
and notify appropriate State and local 
first responders. 
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‘‘(iv) PERIODIC EVALUATION.—The im-
plementing agency shall require that struc-
tures that are surface impoundments that 
receive coal combustion residuals on or after 
the date of enactment of this section be peri-
odically evaluated for appearances of struc-
tural weakness. 
‘‘(v) DEFICIENCY.— 
‘‘(I) IN GENERAL.—If the head of 
the implementing agency determines 
that a structure is deficient with re-
spect to the requirements in clause (i), 
(iii), or (iv), the head of the agency has 
the authority to require action to cor-
rect the deficiency according 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 struc-
ture close in accordance with para-
graph (5). 
‘‘(III) DAM
SAFETY
CONSULTA-
TION.—In the case of a structure that 
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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 agency 
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 
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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 meth-
ods to address wind dispersal of dust that 
will provide comparable or more effective 
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 re-
quirements of the coal combustion residuals per-
mit program. 
‘‘(F) PUBLIC
AVAILABILITY
OF
INFORMA-
TION.—Except for information with respect to 
which disclosure is prohibited under section 1905 
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of title 18, United States Code, the implementing 
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 struc-
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tures are in compliance with the re-
quirements 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 structures 
and reviewing records relevant to the 
design, operation, and maintenance 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 volume 
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. 
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‘‘(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 described 
in section 258.40(a)(2) of title 40, Code of Fed-
eral Regulations, do not apply to structures that 
are surface impoundments. 
‘‘(B) GROUNDWATER MONITORING AND COR-
RECTIVE ACTION.—For all structures that receive 
coal combustion residuals on or after the date of 
enactment of this section, the revised criteria re-
garding groundwater monitoring and corrective 
action requirements described in subpart E of 
part 258 of title 40, Code of Federal Regulations, 
except that, for the purposes of this subpara-
graph, the revised criteria shall also include— 
‘‘(i) for the purposes of detection moni-
toring, the constituents boron, chloride, con-
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ductivity, fluoride, mercury, pH, sulfate, 
sulfide, and total dissolved solids; and 
‘‘(ii) for the purposes of assessment 
monitoring, establishing a groundwater pro-
tection standard, and assessment of correc-
tive measures, the constituents aluminum, 
boron, chloride, fluoride, iron, manganese, 
molybdenum, pH, sulfate, and total dis-
solved solids. 
‘‘(C) CLOSURE.—For all structures that re-
ceive 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 described in subsection 
(a)(4) of that section. 
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‘‘(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 re-
ceive coal combustion residuals on or after 
the date of enactment of this section, sec-
tions 258.11 through 258.15 of title 40, 
Code of Federal Regulations; and 
‘‘(ii) for existing structures that receive 
coal combustion residuals on or after the 
date of enactment of this section, sections 
258.11 and 258.15 of title 40, Code of Fed-
eral Regulations. 
‘‘(F) AIR QUALITY.—For all structures that 
receive coal combustion residuals on or after the 
date of enactment of this section, the revised cri-
teria for air quality described in section 258.24 
of title 40, Code of Federal Regulations. 
‘‘(G) 
FINANCIAL
ASSURANCE.—For 
all 
structures that receive coal combustion residuals 
on or after the date of enactment of this section, 
the revised criteria for financial assurance de-
scribed in subpart G of part 258 of title 40, Code 
of Federal Regulations. 
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‘‘(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 Regulations. 
‘‘(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 Regulations. 
‘‘(J) RUN-ON AND RUN-OFF CONTROL SYS-
TEMS FOR LAND-BASED UNITS.—For all landfills 
and other land-based units, other than surface 
impoundments, that receive coal combustion re-
siduals 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 SUR-
FACE
IMPOUNDMENTS.—For all surface im-
poundments that receive coal combustion residu-
als on or after the date of enactment of this sec-
tion, the revised criteria for run-off control sys-
tems described in section 258.26(a)(2) of title 40, 
Code of Federal Regulations. 
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‘‘(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 section with 
respect to a coal combustion residuals permit 
program that is being implemented by the Ad-
ministrator under subsection (e)(3), as applica-
ble, the implementing agency shall notify owners 
or operators of structures that are receiving coal 
combustion residuals as of the date of enactment 
of this section within the State of— 
‘‘(i) the obligation to apply for and ob-
tain a permit under subparagraph (C); and 
‘‘(ii) the requirements referred to in 
subparagraph (B). 
‘‘(B) COMPLIANCE WITH CERTAIN REQUIRE-
MENTS.—Not later than 12 months after the date 
on which a State submits a certification under 
subsection (b)(2), not later than 42 months after 
the Administrator receives notice under sub-
section (e)(1)(A), or not later than 48 months 
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after the date of enactment of this section with 
respect to a coal combustion residuals permit 
program that is being implemented by the Ad-
ministrator under subsection (e)(3), as applica-
ble, the implementing agency shall require own-
ers or operators of structures that are receiving 
coal combustion residuals as of the date of enact-
ment of this section to comply 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 re-
quirement 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 enactment of 
this section with respect to a coal combus-
tion residuals permit program that is being 
implemented by the Administrator under 
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subsection (e)(3), as applicable, the imple-
menting agency shall issue, with respect to 
a structure that is receiving coal combustion 
residuals as of the date of enactment of this 
section, a final permit incorporating the re-
quirements 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 
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until such applicable deadline under the ap-
plicable 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 referred to in 
subparagraph (B) by the applicable dead-
line in such subparagraph, the owner or op-
erator may operate the structure until such 
time as the implementing agency issues, 
under subparagraph (C), 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. 
‘‘(4) REQUIREMENTS
FOR
SURFACE
IMPOUND-
MENTS THAT DO NOT MEET CERTAIN CRITERIA.— 
‘‘(A) SURFACE
IMPOUNDMENTS
THAT
RE-
QUIRE ASSESSMENT OF CORRECTIVE MEASURES 
WITHIN
YEARS
OF
THE
DATE
OF
ENACT-
MENT.— 
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‘‘(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 de-
scribed in section 258.40(b) of 
title 40, Code of Federal Regula-
tions; and 
‘‘(bb) meet the design criteria 
described in section 258.40(a)(1) 
of title 40, Code of Federal Regu-
lations; and 
‘‘(II) within 10 years after the 
date of enactment of this section, is re-
quired under section 258.56(a) of title 
40, Code of Federal Regulations, to un-
dergo an assessment of corrective meas-
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ures for any constituent covered 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 imple-
menting agency shall require that the 
groundwater protection standard, for sur-
face impoundments identified in clause (i) 
of this subparagraph, established by the im-
plementing 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. 
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‘‘(B) SURFACE IMPOUNDMENTS SUBJECT TO 
A STATE CORRECTIVE ACTION REQUIREMENT 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 de-
scribed in section 258.40(b) of 
title 40, Code of Federal Regula-
tions; and 
‘‘(bb) meet the design criteria 
described in section 258.40(a)(1) 
of title 40, Code of Federal Regu-
lations; and 
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‘‘(II) as of the date of enactment 
of this section, is subject to a State cor-
rective action requirement. 
‘‘(ii) DEADLINE
TO
MEET
GROUND-
WATER PROTECTION STANDARD.—Except as 
provided in subparagraph (C), the imple-
menting agency shall require that the 
groundwater protection standard, for sur-
face impoundments identified in clause (i) 
of this subparagraph, established by the im-
plementing 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 provided 
in clause (ii) of this subparagraph, the 
deadline for meeting a groundwater protec-
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tion standard under subparagraph (A)(ii) 
or (B)(ii) may be extended by the imple-
menting agency, after opportunity for pub-
lic notice and comment under the public 
participation process described in subsection 
(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-
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