revised criteria regarding design, groundwater monitoring, 
corrective action, closure, and post-closure, as appropriate 
for structures, for a State only in the following cir-
cumstances: 
‘‘(1) If the Governor of such State notifies the 
Administrator under subsection (b)(1) that such 
State will not adopt and implement such a permit 
program. 
‘‘(2) If such State has received a notice under 
subsection (d) and fails, by the deadline identified in 
such notice under subsection (d)(2)(B)— 
‘‘(A) to take actions to remedy the defi-
ciencies detailed in such notice under subsection 
(d)(2)(A); or 
‘‘(B) for a State described in subsection 
(d)(1)(D), to demonstrate that it is imple-
menting a coal combustion residuals permit 
program. 
‘‘(3) If such State informs the Administrator, 
in writing, that such State will no longer implement 
such a permit program. 
‘‘(f) STATE CONTROL AFTER IMPLEMENTATION BY 
ADMINISTRATOR.— 
‘‘(1) STATE CONTROL.— 
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‘‘(A) NEW ADOPTION AND IMPLEMENTA-
TION BY STATE.—For a State in which the Ad-
ministrator is implementing a coal combustion 
residuals permit program under subsection 
(e)(1), 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; and 
‘‘(ii) not later than 6 months after the 
date of such notification, submitting to the 
Administrator a written certification under 
subsection (b)(2). 
‘‘(B) REMEDYING DEFICIENT PERMIT PRO-
GRAM.— 
‘‘(i) IN
GENERAL.—For a State in 
which the Administrator is implementing a 
coal combustion residuals permit program 
under subsection (e)(2), the State may 
adopt and implement such a permit pro-
gram by— 
‘‘(I) remedying the deficiencies 
detailed in the notice provided under 
subsection (d)(2)(A)(i); or 
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‘‘(II) for a State described in 
subsection (d)(1)(D), demonstrating 
that it is implementing a coal combus-
tion residuals permit program. 
‘‘(ii) DEMONSTRATION.— 
‘‘(I) REMEDY OF DEFICIENCY.— 
If such notice details a deficiency de-
scribed 
in 
subsection 
(d)(2)(A)(i)(II)(bb), the State may 
remedy such deficiency only by dem-
onstrating to the satisfaction of the 
Administrator that such State has 
remedied such deficiency. 
‘‘(II) REVIEW
OF
DETERMINA-
TION.—If the Administrator deter-
mines that a demonstration by a State 
under subclause (I) or clause (i)(II) is 
not sufficient, the State may obtain a 
review of such determination as if 
such determination was a final regula-
tion for purposes of section 7006. 
‘‘(C) RESUMPTION
OF
IMPLEMENTATION 
BY STATE.—For a State in which the Adminis-
trator is implementing a coal combustion re-
siduals permit program under subsection (e)(3), 
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the State may adopt and implement such a per-
mit program by— 
‘‘(i) notifying the Administrator that 
the State will adopt and implement such a 
permit program; and 
‘‘(ii) not later than 6 months after the 
date of such notification, submitting to the 
Administrator a written certification under 
subsection (b)(2). 
‘‘(2) 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) 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 
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) CLOSURE.—If it is determined, pursuant to a 
coal combustion residuals permit program, that a struc-
ture should close, the time period for the closure of such 
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structure shall be set forth, in a schedule, in a closure 
plan that takes into account the site-specific characteris-
tics of the structure to be closed. 
‘‘(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 than a regulation or requirement under 
this section. 
‘‘(2) AUTHORITY OF THE ADMINISTRATOR.— 
‘‘(A) IN GENERAL.—Except as provided in 
subsection (e) of this section and section 6005 
of this title, the Administrator shall, with re-
spect to the regulation of coal combustion re-
siduals, defer to the States pursuant to this sec-
tion. 
‘‘(B) IMMINENT HAZARD.—Nothing in this 
section shall be construed to affect the author-
ity of the Administrator under section 7003 
with respect to coal combustion residuals. 
‘‘(j) MINE RECLAMATION ACTIVITIES.—A coal com-
bustion residuals permit program implemented under sub-
section (e) by the Administrator shall not apply to the uti-
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lization, placement, and storage of coal combustion residu-
als at surface mining and reclamation operations. 
‘‘(k) 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 
‘‘(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 
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permit program’ means a permit program or other 
system of prior approval and conditions that is 
adopted by or for a State for the management and 
disposal of coal combustion residuals to the extent 
such activities occur in structures in such State. 
‘‘(3) STRUCTURE.—The term ‘structure’ means 
a landfill, surface impoundment, or other land-based 
unit which may receive coal combustion residuals. 
‘‘(4) 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).’’. 
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.). 
Æ 
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