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nation of public or private drinking water 
systems attributable to a surface impound-
ment undergoing corrective action, unless 
the contamination has been addressed by 
providing a permanent replacement water 
system. 
‘‘(D) ADDITIONAL REQUIREMENTS.— 
‘‘(i) CLOSURE.—If the deadline under 
subparagraph (A)(ii), (B)(ii), or (C) is not 
satisfied, the surface impoundment shall 
cease receiving coal combustion residuals 
and initiate closure under paragraph (5). 
‘‘(ii) INTERIM MEASURES.— 
‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II), not later 
than 90 days after the date on which 
the assessment of corrective measures 
is initiated, the owner or operator of 
a surface impoundment described in 
subparagraph (A) or (B) shall imple-
ment interim measures, as necessary, 
under 
the 
factors 
in 
section 
258.58(a)(3) of title 40, Code of Fed-
eral Regulations. 
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‘‘(II) IMPOUNDMENTS
SUBJECT 
TO
STATE
CORRECTIVE
ACTION
RE-
QUIREMENT AS OF THE DATE OF EN-
ACTMENT.—Subclause (I) shall only 
apply to surface impoundments sub-
ject to a State corrective action re-
quirement as of the date of enactment 
of this section if the owner or oper-
ator has not implemented interim 
measures, as necessary, under the fac-
tors in section 258.58(a)(3) of title 
40, Code of Federal Regulations. 
‘‘(E) SURFACE IMPOUNDMENTS THAT RE-
QUIRE ASSESSMENT OF CORRECTIVE MEASURES 
MORE THAN 10 YEARS AFTER 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) if the 
surface impoundment— 
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‘‘(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) more than 10 years after 
the date of enactment of this section, 
is required under section 258.56(a) 
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) REQUIREMENTS.— 
‘‘(I) CLOSURE.—The surface im-
poundments identified in clause (i) 
shall cease receiving coal combustion 
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residuals and initiate closure in ac-
cordance with paragraph (5) after al-
ternative management capacity at the 
facility is available for the coal com-
bustion residuals and related mate-
rials managed in the impoundment. 
‘‘(II) BEST
EFFORTS.—The al-
ternative management capacity shall 
be developed as soon as practicable 
with the owner or operator using best 
efforts to design, obtain necessary 
permits for, finance, construct, and 
render operational the alternative 
management capacity. 
‘‘(III) ALTERNATIVE
CAPACITY 
MANAGEMENT
PLAN.—The owner or 
operator shall, in collaboration with 
the implementing agency, prepare a 
written plan that describes the steps 
necessary to develop the alternative 
management capacity and includes a 
schedule for completion. 
‘‘(IV) PUBLIC PARTICIPATION.— 
The plan described in subclause (III) 
shall be subject to public notice and 
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comment under the public participa-
tion process described in subsection 
(b)(2)(B)(iii)(III) or in subsection 
(e)(6), as applicable. 
‘‘(5) CLOSURE.— 
‘‘(A) IN GENERAL.—If it is determined by 
the implementing agency that a structure 
should close because the requirements of a coal 
combustion residuals permit program are not 
being satisfied with respect to such structure, 
or if it is determined by the owner or operator 
that a structure should close, the time period 
and method for the closure of such structure 
shall be set forth in a closure plan that estab-
lishes a deadline for completion of closure as 
soon as practicable and that takes into account 
the nature and the site-specific characteristics 
of the structure to be closed. 
‘‘(B) SURFACE
IMPOUNDMENT.—In the 
case of a surface impoundment, the closure plan 
under subparagraph (A) shall require, at a min-
imum, the removal of liquid and the stabiliza-
tion of remaining waste, as necessary to sup-
port the final cover. 
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‘‘(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 re-
quired 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 only 
make the request if the Administrator does not pos-
sess the information necessary to ascertain whether 
the State has satisfied the requirements described in 
subparagraphs (A) through (E) of such paragraph. 
‘‘(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) CRITERIA FOR DETERMINING DEFICIENCY 
OF STATE PERMIT PROGRAM.—In making a deter-
mination whether a State has failed to satisfy the re-
quirements described in subparagraphs (A) through 
(E) of paragraph (1), or a determination under sub-
section (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)(E); 
‘‘(ii) repeated issuance of permits by 
the State which do not meet the require-
ments 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 as described 
in 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 in sub-
section (b)(2)(B)(iii)(I). 
‘‘(e) IMPLEMENTATION BY ADMINISTRATOR.— 
‘‘(1) FEDERAL
BACKSTOP
AUTHORITY.—The 
Administrator shall implement a coal combustion re-
siduals permit program for a State only 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 under subsection 
(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 
that receive coal combustion residuals on or after 
the date of enactment of this section located on 
property within the exterior boundaries of a State 
that the State does not have authority or jurisdiction 
to regulate, the Administrator shall implement a coal 
combustion residuals permit program only for those 
structures. 
‘‘(4) REQUIREMENTS.—If the Administrator 
implements a coal combustion residuals permit pro-
gram for a State under paragraph (1) or (3), the 
permit program shall consist of the requirements de-
scribed 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 and structures 
for which the Administrator is imple-
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menting the coal combustion residuals per-
mit 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 and structures 
for which the Administrator is imple-
menting the coal combustion residuals per-
mit program; and 
‘‘(ii) the Administrator may use those 
authorities to inspect, gather information, 
and enforce the requirements of this sec-
tion for the structures for which the Ad-
ministrator is implementing the coal com-
bustion residuals permit program. 
‘‘(6) PUBLIC PARTICIPATION PROCESS.—If the 
Administrator implements a coal combustion residu-
als permit program for a State under this sub-
section, the Administrator shall provide a 30-day pe-
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riod for the public participation process required in 
paragraphs (1)(F)(i), (4)(C)(i), and (4)(E)(ii)(IV) of 
subsection (c). 
‘‘(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— 
‘‘(I) a determination, after pro-
viding a 30-day period for notice and 
public comment, that the State coal 
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combustion residuals permit program 
meets the requirements described in 
subsection (c); and 
‘‘(II) a timeline for transition of 
control of the coal combustion residu-
als 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 pro-
viding a 30-day period for notice and 
public comment, that the deficiencies 
detailed in such notice have been rem-
edied; and 
‘‘(II) a timeline for transition of 
control of the coal combustion residu-
als permit program. 
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