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-
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). 
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‘‘(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— 
‘‘(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-
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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. 
‘‘(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 
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(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 
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.— 
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‘‘(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 
‘‘(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 
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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-
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; 
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