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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 18 
months after the Administrator receives notice 
under subsection (e)(1)(A), or not later than 24 
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 existing structures of— 
‘‘(i) the obligation to apply for and 
obtain a permit under subparagraph (C); 
and 
‘‘(ii) the requirements referred to in 
subparagraph (B)(ii). 
‘‘(B) COMPLIANCE
WITH
CERTAIN
RE-
QUIREMENTS.— 
‘‘(i) INITIAL DEADLINE FOR CERTAIN 
REQUIREMENTS.—Not later than 8 months 
after the date of enactment of this section, 
the implementing agency shall require own-
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ers or operators of existing structures to 
comply with— 
‘‘(I) 
the 
requirements 
under 
paragraphs (2)(F), (2)(H), (2)(I), and 
(2)(M); and 
‘‘(II) the requirement for a per-
manent identification marker under 
the criteria described in paragraph 
(2)(L). 
‘‘(ii) SUBSEQUENT
DEADLINE
FOR 
CERTAIN
OTHER
REQUIREMENTS.—Not 
later than 12 months after 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 en-
actment of this section with respect to a 
coal combustion residuals permit program 
that is being implemented by the Adminis-
trator under subsection (e)(3), as applica-
ble, the implementing agency shall require 
owners or operators of existing structures 
to comply with— 
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‘‘(I) 
the 
requirements 
under 
paragraphs (2)(B), (2)(G), (2)(J), 
(2)(K), and (2)(L); and 
‘‘(II) the requirement for a writ-
ten closure plan under the criteria de-
scribed in paragraph (2)(C). 
‘‘(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 66 months 
after the Administrator receives notice 
under subsection (e)(1)(A), or not later 
than 72 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 an existing structure, a final per-
mit incorporating the applicable require-
ments of the coal combustion residuals per-
mit program, or a final denial of an appli-
cation submitted requesting such a permit. 
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‘‘(ii) APPLICATION
DEADLINE.—The 
implementing agency shall identify, in col-
laboration with the owner or operator of an 
existing structure, a reasonable deadline by 
which the owner or operator shall submit a 
permit application under clause (i). 
‘‘(D) INTERIM OPERATION.— 
‘‘(i) PRIOR
TO
DEADLINES.—Unless 
the implementing agency determines that 
the structure should close in accordance 
with the criteria described in paragraph 
(2)(C), with respect 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 oper-
ator of an existing structure may continue 
to operate such structure until such appli-
cable deadline under any applicable regula-
tions in effect during such period. 
‘‘(ii) PRIOR TO PERMIT.—Unless the 
implementing agency determines that the 
structure should close in accordance with 
the criteria described in paragraph (2)(C), 
if the owner or operator of an existing 
structure meets the requirements referred 
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to in subparagraph (B) by the applicable 
deadline in such subparagraph, the owner 
or operator may operate the structure until 
such time as the implementing agency 
issues, under subparagraph (C), a final 
permit incorporating the requirements of 
the coal combustion residuals permit pro-
gram, or a final denial of an application 
submitted requesting such a permit. 
‘‘(4) REQUIREMENTS FOR INACTIVE COAL COM-
BUSTION RESIDUALS SURFACE IMPOUNDMENTS.— 
‘‘(A) NOTICE.—Not later than 2 months 
after the date of enactment of this section, each 
owner or operator of an inactive coal combus-
tion residuals surface impoundment shall sub-
mit to the Administrator and the State in which 
such inactive coal combustion residuals surface 
impoundment is located a notice stating wheth-
er such inactive coal combustion residuals sur-
face impoundment will— 
‘‘(i) not later than 3 years after the 
date of enactment of this section, complete 
closure in accordance with section 257.100 
of title 40, Code of Federal Regulations; or 
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‘‘(ii) comply with the requirements of 
the coal combustion residuals permit pro-
gram applicable to existing structures that 
are surface impoundments (except as pro-
vided in subparagraph (D)(ii)). 
‘‘(B) EXTENSION.—In the case of an inac-
tive coal combustion residuals surface impound-
ment for which the owner or operator submits 
a notice described in subparagraph (A)(i), the 
implementing agency may extend the closure 
deadline provided in such subparagraph by a 
period of not more than 2 years if the owner or 
operator of such inactive coal combustion re-
siduals surface impoundment— 
‘‘(i) demonstrates to the satisfaction 
of the implementing agency that it is not 
feasible to complete closure of the inactive 
coal combustion residuals surface impound-
ment in accordance with section 257.100 
of title 40, Code of Federal Regulations, by 
the deadline provided in subparagraph 
(A)(i)— 
‘‘(I) because of complications 
stemming from the climate or weath-
er, such as unusual amounts of pre-
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cipitation or a significantly shortened 
construction season; 
‘‘(II) because additional time is 
required to remove the liquid from the 
inactive coal combustion residuals sur-
face impoundment due to the volume 
of coal combustion residuals contained 
in the surface impoundment or the 
characteristics of the coal combustion 
residuals in such surface impound-
ment; 
‘‘(III) because the geology and 
terrain surrounding the inactive coal 
combustion 
residuals 
surface 
im-
poundment will affect the amount of 
material needed to close the inactive 
coal combustion residuals surface im-
poundment; or 
‘‘(IV) because additional time is 
required to coordinate with and obtain 
necessary approvals and permits; and 
‘‘(ii) demonstrates to the satisfaction 
of the implementing agency that the inac-
tive coal combustion residuals surface im-
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poundment does not pose an immediate 
threat of release. 
‘‘(C) FINANCIAL ASSURANCE.—The imple-
menting agency shall require the owner or oper-
ator of an inactive surface impoundment that 
has closed pursuant to this paragraph to per-
form post-closure care in accordance with the 
criteria described in section 257.104(b)(1) of 
title 40, Code of Federal Regulations, and to 
provide financial assurance for such post-clo-
sure care in accordance with the criteria de-
scribed in section 258.72 of title 40, Code of 
Federal Regulations. 
‘‘(D) TREATMENT AS STRUCTURE.— 
‘‘(i) IN GENERAL.—An inactive coal 
combustion residuals surface impoundment 
shall be treated as an existing structure 
that is a surface impoundment for the pur-
poses of this section, including with respect 
to the requirements of paragraphs (1) and 
(2), if— 
‘‘(I) the owner or operator does 
not submit a notice in accordance 
with subparagraph (A); or 
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‘‘(II) the owner or operator sub-
mits a notice described in subpara-
graph (A)(ii). 
‘‘(ii) INACTIVE COAL COMBUSTION RE-
SIDUALS
SURFACE
IMPOUNDMENTS
THAT 
FAIL TO CLOSE.—An inactive coal combus-
tion residuals surface impoundment for 
which the owner or operator submits a no-
tice described in subparagraph (A)(i) that 
does not close by the deadline provided 
under subparagraph (A)(i) or subpara-
graph (B), as applicable— 
‘‘(I) shall be treated as an exist-
ing structure for purposes of this sec-
tion beginning on the date that is the 
day after such applicable deadline, in-
cluding by— 
‘‘(aa) being required to com-
ply with the requirements of 
paragraph (1), as applicable; and 
‘‘(bb) being required to com-
ply, beginning on such date, with 
each requirement of paragraph 
(2); but 
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‘‘(II) shall not be required to 
comply with paragraph (3). 
‘‘(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 as 
required 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 
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‘‘(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 make the 
request only if the Administrator does not possess 
the information necessary to ascertain whether the 
State has satisfied the requirements described in 
subparagraphs (A) through (E) of paragraph (1). 
‘‘(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 
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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) CONSIDERATIONS FOR DETERMINING DE-
FICIENCY OF STATE PERMIT PROGRAM.—In making 
a determination whether a State has failed to satisfy 
the requirements described in subparagraphs (A) 
through (E) of paragraph (1), or a determination 
under subsection (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— 
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‘‘(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)(A); 
‘‘(ii) repeated issuance by the State of 
permits that do not meet the requirements 
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 required 
under 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— 
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‘‘(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 under 
subsection (b)(2)(C)(iii)(I). 
‘‘(e) IMPLEMENTATION BY ADMINISTRATOR.— 
‘‘(1) FEDERAL
BACKSTOP
AUTHORITY.—The 
Administrator shall implement a coal combustion re-
siduals permit program for a State 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 pursuant to sub-
section (d)(3)(A); or 
‘‘(C) the State informs the Administrator, 
in writing, that such State will no longer imple-
ment such a permit program. 
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‘‘(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 and 
inactive coal combustion residuals surface impound-
ments located on property within the exterior bound-
aries of a State that the State does not have author-
ity or jurisdiction to regulate, the Administrator 
shall implement a coal combustion residuals permit 
program only for those structures and inactive coal 
combustion residuals surface impoundments. 
‘‘(4) REQUIREMENTS.—If the Administrator 
implements a coal combustion residuals permit pro-
gram under paragraph (1) or (3), the permit pro-
gram shall consist of the requirements described 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, structures, 
and inactive coal combustion residuals sur-
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face impoundments for which the Adminis-
trator is implementing the coal combustion 
residuals permit 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, structures, 
and inactive coal combustion residuals sur-
face impoundments for which the Adminis-
trator is implementing the coal combustion 
residuals permit program; and 
‘‘(ii) the Administrator may use those 
authorities to inspect, gather information, 
and enforce the requirements of this sec-
tion for the structures and inactive coal 
combustion residuals surface impound-
ments for which the Administrator is im-
plementing the coal combustion residuals 
permit program. 
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‘‘(6) PUBLIC PARTICIPATION PROCESS.—If the 
Administrator implements a coal combustion residu-
als permit program under this subsection, the Ad-
ministrator shall provide a 30-day period for the 
public participation process required under sub-
section (c)(1)(B)(i). 
‘‘(f) STATE CONTROL AFTER IMPLEMENTATION BY 
ADMINISTRATOR.— 
‘‘(1) STATE CONTROL.— 
‘‘(A) NEW ADOPTION, OR RESUMPTION OF, 
AND IMPLEMENTATION BY STATE.—For a State 
for which the Administrator is implementing a 
coal combustion residuals permit program 
under 
subsection 
(e)(1)(A) 
or 
subsection 
(e)(1)(C), the State may adopt and implement 
such a permit program by— 
‘‘(i) notifying the Administrator that 
the State will adopt and implement such a 
permit program; 
‘‘(ii) not later than 6 months after the 
date of such notification, submitting to the 
Administrator a certification under sub-
section (b)(2); and 
‘‘(iii) receiving from the Adminis-
trator— 
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‘‘(I) a determination, after the 
Administrator provides for a 30-day 
period for notice and public comment, 
that the State coal combustion residu-
als permit program meets the require-
ments described in subsection (c); and 
‘‘(II) a timeline for transition to 
the State coal combustion residuals 
permit program. 
‘‘(B) REMEDYING DEFICIENT PERMIT PRO-
GRAM.—For a State for which the Adminis-
trator is implementing a coal combustion re-
siduals 
permit 
program 
under 
subsection 
(e)(1)(B), the State may adopt and implement 
such a permit program by— 
‘‘(i) remedying only the deficiencies 
detailed in the notice pursuant to sub-
section (d)(3)(A); and 
‘‘(ii) receiving from the Adminis-
trator— 
‘‘(I) a determination, after the 
Administrator provides for a 30-day 
period for notice and public comment, 
that the deficiencies detailed in such 
notice have been remedied; and 
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‘‘(II) a timeline for transition to 
the State coal combustion residuals 
permit program. 
‘‘(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. 
‘‘(g) IMPLEMENTATION DURING TRANSITION.— 
‘‘(1) EFFECT ON ACTIONS AND ORDERS.—Pro-
gram requirements of, and actions taken or orders 
issued pursuant to, a coal combustion residuals per-
mit program shall remain in effect if— 
‘‘(A) a State takes control of its coal com-
bustion residuals permit program from the Ad-
ministrator under subsection (f)(1); or 
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‘‘(B) the Administrator takes control of a 
coal combustion residuals permit program from 
a State under subsection (e). 
‘‘(2) CHANGE IN REQUIREMENTS.—Paragraph 
(1) shall apply to such program requirements, ac-
tions, and orders until such time as— 
‘‘(A) the implementing agency that took 
control of the coal combustion residuals permit 
program changes the requirements of the coal 
combustion residuals permit program with re-
spect to the basis for the action or order; or 
‘‘(B) with respect to an ongoing corrective 
action, the State or the Administrator, which-
ever took the action or issued the order, cer-
tifies the completion of the corrective action 
that is the subject of the action or order. 
‘‘(3) SINGLE
PERMIT
PROGRAM.—Except as 
otherwise provided in this subsection— 
‘‘(A) if a State adopts and implements a 
coal combustion residuals permit program 
under subsection (f), the Administrator shall 
cease to implement the coal combustion residu-
als permit program implemented under sub-
section (e) for such State; and 
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‘‘(B) if the Administrator implements a 
coal combustion residuals permit program for a 
State under subsection (e)(1), the State shall 
cease to implement its coal combustion residu-
als permit program. 
‘‘(h) 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 
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. 
‘‘(i) 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), (e), and (g) of this section and 
section 6005, the Administrator shall, with re-
spect to the regulation of coal combustion re-
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