HR 2218 PCS
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-
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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 
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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. 
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‘‘(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 
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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— 
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‘‘(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 
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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 
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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-
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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— 
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‘‘(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-
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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 
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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 
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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; 
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‘‘(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-
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