menting agency, as determined by the im-
plementing agency, shall constitute compli-
ance with this section and the rule de-
scribed in subsection (i)(1) for the purpose 
of enforcement. 
‘‘(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 
‘‘(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 (C)(ii)). 
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‘‘(B) 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 such title. 
‘‘(C) 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 
‘‘(II) the owner or operator sub-
mits a notice described in subpara-
graph (A)(ii). 
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‘‘(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) shall be treated 
as an existing structure for purposes of 
this section beginning on the date that is 
the day after such applicable deadline, in-
cluding by— 
‘‘(I) being required to comply 
with the requirements of paragraph 
(1), as applicable; and 
‘‘(II) being required to comply, 
beginning on such date, with each re-
quirement of paragraph (2). 
‘‘(d) 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 
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State will not adopt and implement a coal com-
bustion residuals permit program; 
‘‘(B) the State fails to submit a notifica-
tion or an application by the applicable deadline 
under subsection (b); 
‘‘(C) the Administrator denies an applica-
tion submitted by a State under subsection 
(b)(2) and, if applicable, any revised application 
submitted by the State under subparagraph (E) 
of such subsection; 
‘‘(D) the State informs the Administrator, 
in writing, that such State will no longer imple-
ment such a permit program; or 
‘‘(E) the Administrator withdraws approval 
of a State coal combustion residuals program 
after the Administrator— 
‘‘(i) determines that the State is not 
implementing a coal combustion residuals 
permit program approved under this sec-
tion in accordance with the requirements 
of this section; 
‘‘(ii) notifies the State of such deter-
mination, including the reasons for such 
determination and the particular defi-
ciencies that need to be remedied; and 
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‘‘(iii) after allowing the State to take 
actions to remedy such deficiencies within 
a reasonable time, not to exceed 90 days, 
the Administrator determines that the 
State has not remedied such deficiencies. 
‘‘(2) REVIEW.—A State may obtain a review of 
a determination by the Administrator under para-
graph (1)(E)(iii) as if the determination were a final 
regulation for purposes of section 7006. 
‘‘(3) INDIAN
COUNTRY.—The Administrator 
shall implement a coal combustion residuals permit 
program in Indian country. 
‘‘(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.—If the Administrator im-
plements a coal combustion residuals permit pro-
gram for a State under paragraph (1) or in Indian 
country under paragraph (3)— 
‘‘(A) the authorities referred to in section 
4005(c)(2)(A) shall apply with respect to coal 
combustion residuals, structures, and inactive 
coal combustion residuals surface impound-
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ments for which the Administrator is imple-
menting the coal combustion residuals permit 
program; and 
‘‘(B) the Administrator may use those au-
thorities to inspect, gather information, and en-
force the requirements of this section in the 
State or Indian country. 
‘‘(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). 
‘‘(e) STATE CONTROL AFTER IMPLEMENTATION BY 
ADMINISTRATOR.— 
‘‘(1) NEW ADOPTION BY STATE.—For a State 
for which the Administrator is implementing a coal 
combustion residuals permit program under sub-
paragraphs (A) through (D) of subsection (d), the 
State may adopt and implement such a permit pro-
gram through the application process described in 
subsection (b)(2) (notwithstanding the deadline de-
scribed in subparagraph (A) of such subsection). An 
application submitted pursuant to this paragraph 
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shall include a timeline for transition to the State 
coal combustion residuals permit program. 
‘‘(2) RESUMPTION
AFTER
REMEDYING
DEFI-
CIENT PERMIT PROGRAM.— 
‘‘(A) PROCESS.—For a State for which the 
Administrator is implementing a coal combus-
tion residuals permit program under subpara-
graph (E) of subsection (d)(1), the State may 
adopt and implement such a permit program 
if— 
‘‘(i) the State remedies only the defi-
ciencies included in the notice described in 
such subparagraph; and 
‘‘(ii) by the date that is 90 days after 
the date on which the State notifies the 
Administrator that the deficiencies have 
been remedied— 
‘‘(I) the Administrator publishes 
in the Federal Register— 
‘‘(aa) a determination, after 
providing a 30-day period for no-
tice and public comment, that the 
deficiencies included in such no-
tice have been remedied; and 
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‘‘(bb) a timeline for transi-
tion to the State coal combustion 
residuals permit program; or 
‘‘(II) the Administrator does not 
publish in the Federal Register a de-
termination regarding whether the de-
ficiencies included in such notice been 
remedied, in which case such defi-
ciencies shall be deemed remedied. 
‘‘(B) REVIEW.—A State may obtain a re-
view of a determination by the Administrator 
under this paragraph as if such determination 
were a final regulation for purposes of section 
7006. 
‘‘(f) 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 (e); or 
‘‘(B) the Administrator takes control of a 
coal combustion residuals permit program from 
a State under subsection (d). 
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‘‘(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 (e), the Administrator shall 
cease to implement the coal combustion residu-
als permit program implemented under sub-
section (d) for such State; and 
‘‘(B) if the Administrator implements a 
coal combustion residuals permit program for a 
State under subsection (d)(1), the State shall 
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cease to implement its coal combustion residu-
als permit program. 
‘‘(g) 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) and (f) of this section and sec-
tion 6005, the Administrator shall, with respect 
to the regulation of coal combustion residuals 
under this Act, defer to the States pursuant to 
this section. 
‘‘(B) IMMINENT HAZARD.—Nothing in this 
section shall be construed as affecting the au-
thority of the Administrator under section 7003 
with respect to coal combustion residuals. 
‘‘(C) ENFORCEMENT
ASSISTANCE
ONLY 
UPON REQUEST.—Upon request from the head 
of a lead State implementing agency, the Ad-
ministrator may, including through the use of 
the 
authorities 
referred 
to 
in 
section 
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4005(c)(2)(A), provide to such State agency 
only the enforcement assistance requested. 
‘‘(D) CONCURRENT
ENFORCEMENT.—Ex-
cept as provided in subparagraph (C) of this 
paragraph and subsection (f), the Administrator 
shall not have concurrent enforcement authority 
when a State is implementing a coal combustion 
residuals permit program, including during any 
period of interim operation described in sub-
section (c)(3)(C). 
‘‘(3) CITIZEN SUITS.—Nothing in this section 
shall be construed to affect the authority of a person 
to commence a civil action in accordance with sec-
tion 7002. 
‘‘(h) USE OF COAL COMBUSTION RESIDUALS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), use of coal combustion residuals in any 
of the following ways, and storage prior to such use, 
shall not be considered to be receipt of coal combus-
tion residuals for the purposes of this section: 
‘‘(A) Use as— 
‘‘(i) engineered structural fill con-
structed in accordance with— 
‘‘(I) 
ASTM 
E2277 
entitled 
‘Standard Guide for Design and Con-
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struction of Coal Ash Structural 
Fills’, including any amendment or re-
vision to that guidance; 
‘‘(II) any other published na-
tional standard determined appro-
priate by the implementing agency, in-
cluding standards issued by the Amer-
ican Association of State and High-
way Transportation Officials and the 
Federal Highway Administration; or 
‘‘(III) a State standard or pro-
gram relating to— 
‘‘(aa) fill operations for coal 
combustion residuals; or 
‘‘(bb) the management of 
coal combustion residuals for 
beneficial use; or 
‘‘(ii) engineered structural fill for— 
‘‘(I) a building site or foundation; 
‘‘(II) a base or embankment for 
a bridge, roadway, runway, or rail-
road; or 
‘‘(III) a dike, levee, berm, or dam 
that is not part of a structure. 
‘‘(B) Beneficial use— 
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‘‘(i) that provides a functional benefit; 
‘‘(ii) that is a substitute for the use of 
a virgin material; and 
‘‘(iii) that meets relevant product 
specifications and regulatory or design 
standards, if any, including standards 
issued by voluntary consensus standards 
bodies such as ASTM International and 
the American Concrete Institute. 
‘‘(2) EXCEPTION.—With respect to a use de-
scribed in paragraph (1) that involves placement on 
the land of coal combustion residuals in non-road-
way and non-highway applications, the implementing 
agency may, on a case-by-case basis, determine that 
long-term storage of coal combustion residuals at the 
generating facility for such a use or permanent 
unencapsulated use of very large volumes of coal 
combustion residuals constitutes receipt of coal com-
bustion residuals for the purposes of this section if 
the storage or use results in releases of hazardous 
constituents to groundwater, surface water, soil, or 
air— 
‘‘(A) in greater amounts than those that 
would occur from long-term storage or use of a 
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material that would be used instead of coal 
combustion residuals; or 
‘‘(B) that exceed relevant regulatory and 
health-based benchmarks, as determined by the 
implementing agency. 
‘‘(i) EFFECT OF RULE.— 
‘‘(1) IN GENERAL.—With respect to the final 
rule entitled ‘Hazardous and Solid Waste Manage-
ment System; Disposal of Coal Combustion Residu-
als from Electric Utilities’ and published in the Fed-
eral Register on April 17, 2015 (80 Fed. Reg. 
21302)— 
‘‘(A) such rule shall be implemented only 
through a coal combustion residuals permit pro-
gram under this section; and 
‘‘(B) to the extent that any provision or re-
quirement of such rule conflicts, or is incon-
sistent, with a provision or requirement of this 
section, the provision or requirement of this 
section shall control. 
‘‘(2) EFFECTIVE DATE.—For purposes of this 
section, any reference in part 257 of title 40, Code 
of Federal Regulations, to the effective date of such 
part shall be considered to be a reference to the date 
of enactment of this section, except that, in the case 
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of any deadline established by such a reference that 
is in conflict with a deadline established by this sec-
tion, the deadline established by this section shall 
control. 
‘‘(3) 
APPLICABILITY
OF
OTHER
REGULA-
TIONS.—The application of section 257.52 of title 
40, Code of Federal Regulations, is not affected by 
this section. 
‘‘(4) DEFINITIONS.—The definitions under sec-
tion 257.53 of title 40, Code of Federal Regulations, 
shall apply with respect to any criteria described in 
subsection (c) the requirements of which are incor-
porated into a coal combustion residuals permit pro-
gram under this section, except— 
‘‘(A) as provided in paragraph (1); and 
‘‘(B) a lead State implementing agency 
may apply different definitions if— 
‘‘(i) the different definitions do not 
conflict with the definitions in subsection 
(j); and 
‘‘(ii) the lead State implementing 
agency— 
‘‘(I) identifies the different defi-
nitions in the explanation included 
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with the application submitted under 
subsection (b)(2); and 
‘‘(II) provides in such expla-
nation a reasonable basis for the ap-
plication of the different definitions. 
‘‘(j) DEFINITIONS.—In this section: 
‘‘(1) 
COAL
COMBUSTION
RESIDUALS.—The 
term ‘coal combustion residuals’ means the following 
wastes generated by electric utilities and inde-
pendent power producers: 
‘‘(A) The solid wastes listed in section 
3001(b)(3)(A)(i) that are generated primarily 
from the combustion of coal, including recover-
able materials 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 that 
are generated primarily from the combustion of 
coal. 
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‘‘(D) Wastes from the co-burning of coal 
with nonhazardous secondary materials, pro-
vided that coal makes up at least 50 percent of 
the total fuel burned. 
‘‘(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 
permit program’ means all of the authorities, activi-
ties, and procedures that comprise a system of prior 
approval and conditions implemented under this sec-
tion to regulate the management and disposal of coal 
combustion residuals. 
‘‘(3) ELECTRIC UTILITY; INDEPENDENT POWER 
PRODUCER.—The terms ‘electric utility’ and ‘inde-
pendent power producer’ include only electric utili-
ties and independent power producers that produce 
electricity on or after the date of enactment of this 
section. 
‘‘(4) EXISTING STRUCTURE.—The term ‘exist-
ing structure’ means a structure the construction of 
which commenced before the date of enactment of 
this section. 
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‘‘(5) IMPLEMENTING AGENCY.—The term ‘im-
plementing agency’ means the agency responsible for 
implementing a coal combustion residuals permit 
program, which shall either be the lead State imple-
menting 
agency 
identified 
under 
subsection 
(b)(2)(B)(i) or the Administrator pursuant to sub-
section (d). 
‘‘(6) INACTIVE COAL COMBUSTION RESIDUALS 
SURFACE IMPOUNDMENT.—The term ‘inactive coal 
combustion residuals surface impoundment’ means a 
surface impoundment, located at an electric utility 
or independent power producer, that, as of the date 
of enactment of this section— 
‘‘(A) does not receive coal combustion re-
siduals; 
‘‘(B) contains coal combustion residuals; 
and 
‘‘(C) contains liquid. 
‘‘(7) INDIAN
COUNTRY.—The term ‘Indian 
country’ has the meaning given that term in section 
1151 of title 18, United States Code. 
‘‘(8) STRUCTURE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘structure’ means a 
landfill, surface impoundment, sand or gravel 
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pit, or quarry that receives coal combustion re-
siduals on or after the date of enactment of this 
section. 
‘‘(B) EXCEPTIONS.— 
‘‘(i) MUNICIPAL SOLID WASTE LAND-
FILLS.—The term ‘structure’ does not in-
clude a municipal solid waste landfill meet-
ing the revised criteria promulgated under 
section 4010(c). 
‘‘(ii) COAL MINES.—The term ‘struc-
ture’ does not include the location of sur-
face coal mining and reclamation oper-
ations or surface coal mining operations 
(as those terms are defined in section 701 
of the Surface Mining Control and Rec-
lamation Act of 1977 (30 U.S.C. 1291)) or 
an active or abandoned underground coal 
mine. 
‘‘(iii) DE
MINIMIS
RECEIPT.—The 
term ‘structure’ does not include any land-
fill or surface impoundment that receives 
only de minimis quantities of coal combus-
tion residuals if the presence of coal com-
bustion residuals is incidental to the mate-
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rial managed in the landfill or surface im-
poundment. 
‘‘(9) UNLINED SURFACE IMPOUNDMENT.—The 
term ‘unlined surface impoundment’ means a sur-
face impoundment that does not have a liner system 
described in section 257.71 of title 40, Code of Fed-
eral Regulations.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents contained in section 1001 of the Solid Waste Dis-
posal Act is amended by inserting after the item relating 
to section 4010 the following: 
‘‘Sec. 4011. Management and disposal of coal combustion residuals.’’. 
SEC. 3. EFFECT ON REGULATORY DETERMINATIONS. 
Nothing in this Act, or the amendments made by this 
Act, shall be construed to alter in any manner the effect 
on coal combustion residuals (as defined in section 4011 
of the Solid Waste Disposal Act, as added by this Act) 
of the Environmental Protection Agency’s regulatory de-
terminations entitled— 
(1) ‘‘Notice of Regulatory Determination on 
Wastes From the Combustion of Fossil Fuels’’, pub-
lished at 65 Fed. Reg. 32214 (May 22, 2000); and 
(2) ‘‘Final Regulatory Determination on Four 
Large-Volume Wastes From the Combustion of Coal 
by Electric Utility Power Plants’’, published at 58 
Fed. Reg. 42466 (August 9, 1993). 
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SEC. 4. TECHNICAL ASSISTANCE. 
Nothing in this Act, or the amendments made by this 
Act, shall be construed to affect the authority of a State 
to request, or the Administrator of the Environmental 
Protection Agency to provide, technical assistance under 
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). 
SEC. 5. FEDERAL POWER ACT. 
Nothing in this Act, or the amendments made by this 
Act, shall be construed to affect the obligations of an 
owner or operator of a structure (as such term is defined 
in section 4011 of the Solid Waste Disposal Act, as added 
by this Act) under section 215(b)(1) of the Federal Power 
Act (16 U.S.C. 824o(b)(1)). 
Æ 
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