II 
114TH CONGRESS 
1ST SESSION H. R. 1734 
IN THE SENATE OF THE UNITED STATES 
JULY 23, 2015 
Received 
AN ACT 
To amend subtitle D of the Solid Waste Disposal Act to 
encourage recovery and beneficial use of coal combustion 
residuals and establish requirements for the proper man-
agement and disposal of coal combustion residuals that 
are protective of human health and the environment. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Improving Coal Combustion Residuals Regulation Act of 
2015’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title and table of contents. 
Sec. 2. Management and disposal of coal combustion residuals. 
Sec. 3. 2000 regulatory determination. 
Sec. 4. Technical assistance. 
Sec. 5. Federal Power Act. 
SEC. 2. MANAGEMENT AND DISPOSAL OF COAL COMBUS-
TION RESIDUALS. 
(a) IN GENERAL.—Subtitle D of the Solid Waste Dis-
posal Act (42 U.S.C. 6941 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 4011. MANAGEMENT AND DISPOSAL OF COAL COM-
BUSTION RESIDUALS. 
‘‘(a) STATE PERMIT PROGRAMS FOR COAL COMBUS-
TION RESIDUALS.—Each State may adopt, implement, 
and enforce a coal combustion residuals permit program 
in accordance with this section. 
‘‘(b) STATE ACTIONS.— 
‘‘(1) NOTIFICATION.—Not later than 6 months 
after the date of enactment of this section (except 
as provided by the deadline identified under sub-
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section (d)(3)(B)), the Governor of each State shall 
notify the Administrator, in writing, whether such 
State will adopt and implement a coal combustion 
residuals permit program. 
‘‘(2) CERTIFICATION.— 
‘‘(A) IN
GENERAL.—Not later than 24 
months after the date of enactment of this sec-
tion (except as provided in subparagraph (B) 
and subsection (f)(1)(A)), in the case of a State 
that has notified the Administrator that it will 
implement a coal combustion residuals permit 
program, the head of the lead State imple-
menting agency shall submit to the Adminis-
trator a certification that such coal combustion 
residuals permit program meets the require-
ments described in subsection (c). 
‘‘(B) EXTENSION.— 
‘‘(i) REQUIREMENTS.—The Adminis-
trator may extend the deadline for submis-
sion of a certification for a State under 
subparagraph (A) for a period of 12 
months if the State submits to the Admin-
istrator a request for such an extension 
that— 
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‘‘(I) describes the efforts of the 
State to meet such deadline; 
‘‘(II) demonstrates that the legis-
lative or rulemaking procedures of 
such State render the State unable 
meet such deadline; and 
‘‘(III) provides the Administrator 
with a detailed schedule for comple-
tion and submission of the certifi-
cation. 
‘‘(ii) DETERMINATION.—If the Ad-
ministrator does not approve or deny a re-
quest submitted under clause (i) by the 
date that is 30 days after such submission, 
the request shall be deemed approved. 
‘‘(C) CONTENTS.—A certification sub-
mitted under this paragraph shall include— 
‘‘(i) a letter identifying the lead State 
implementing agency, signed by the head 
of such agency; 
‘‘(ii) identification of any other State 
agencies involved with the implementation 
of the coal combustion residuals permit 
program; 
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‘‘(iii) an explanation of how the State 
coal combustion residuals permit program 
meets the requirements of this section, in-
cluding— 
‘‘(I) 
a 
description 
of 
the 
State’s— 
‘‘(aa) process to inspect or 
otherwise determine compliance 
with such permit program; 
‘‘(bb) process to enforce the 
requirements of such permit pro-
gram; 
‘‘(cc) 
public 
participation 
process for the promulgation, 
amendment, or repeal of regula-
tions for, and the issuance of 
permits under, such permit pro-
gram; and 
‘‘(dd) statutes, regulations, 
or policies pertaining to public 
access to information, including 
information on groundwater mon-
itoring data, structural stability 
assessments, emergency action 
plans, fugitive dust control plans, 
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notifications of closure (including 
any certification of closure by a 
qualified professional engineer), 
and corrective action remedies; 
and 
‘‘(II) 
identification 
of 
any 
changes to the definitions under sec-
tion 257.53 of title 40, Code of Fed-
eral Regulations, for purposes of the 
State coal combustion residuals per-
mit program, including a reasonable 
basis for such changes, as required 
under subsection (l)(4); 
‘‘(iv) a statement that the State has 
in effect, at the time of certification, stat-
utes or regulations necessary to implement 
a coal combustion residuals permit pro-
gram that meets the requirements de-
scribed in subsection (c); 
‘‘(v) copies of State statutes and regu-
lations described in clause (iv); 
‘‘(vi) a plan for a response by the 
State to a release at a structure or inactive 
surface impoundment that has the poten-
tial for impact beyond the site on which 
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the structure or inactive surface impound-
ment is located; and 
‘‘(vii) a plan for coordination among 
States in the event of a release that 
crosses State lines. 
‘‘(D) UPDATES.—A State may update the 
certification as needed to reflect changes to the 
coal combustion residuals permit program. 
‘‘(3) MAINTENANCE OF 4005(c) OR 3006 PRO-
GRAM.—In order to adopt or implement a coal com-
bustion residuals permit program under this section 
(including pursuant to subsection (f)), the lead State 
implementing agency shall maintain an approved 
permit program or other system of prior approval 
and conditions under section 4005(c) or an author-
ized program under section 3006. 
‘‘(c) REQUIREMENTS FOR A COAL COMBUSTION RE-
SIDUALS PERMIT PROGRAM.—A coal combustion residuals 
permit program shall consist of the following: 
‘‘(1) GENERAL REQUIREMENTS.— 
‘‘(A) PERMITS.—The implementing agency 
shall require that owners or operators of struc-
tures apply for and obtain permits incor-
porating the applicable requirements of the coal 
combustion residuals permit program. 
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‘‘(B) PUBLIC AVAILABILITY OF INFORMA-
TION.—Except for information with respect to 
which disclosure is prohibited under section 
1905 of title 18, United States Code, the imple-
menting agency shall ensure that— 
‘‘(i) documents for permit determina-
tions are made publicly available for review 
and comment under the public participa-
tion process of the coal combustion residu-
als permit program; 
‘‘(ii) final determinations on permit 
applications are made publicly available; 
‘‘(iii) information on groundwater 
monitoring data, structural stability as-
sessments, emergency action plans, fugitive 
dust control plans, notifications of closure 
(including any certification of closure by a 
qualified professional engineer), and cor-
rective action remedies required pursuant 
to paragraph (2), collected in a manner de-
termined appropriate by the implementing 
agency, is publicly available, including on 
an Internet website; and 
‘‘(iv) information regarding the exer-
cise by the implementing agency of any 
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discretionary authority granted under this 
section and not provided for in the rule de-
scribed in subsection (l)(1) is made pub-
licly available. 
‘‘(C) AGENCY AUTHORITY.— 
‘‘(i) IN GENERAL.—The implementing 
agency shall— 
‘‘(I) obtain information necessary 
to determine whether the owner or op-
erator of a structure is in compliance 
with the requirements of the coal com-
bustion residuals permit program; 
‘‘(II) conduct or require moni-
toring or testing to ensure that struc-
tures are in compliance with the re-
quirements of the coal combustion re-
siduals permit program; and 
‘‘(III) enter any site or premise 
at which a structure or inactive coal 
combustion 
residuals 
surface 
im-
poundment is located for the purpose 
of inspecting such structure or surface 
impoundment and reviewing relevant 
records. 
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‘‘(ii) MONITORING AND TESTING.—If 
monitoring or testing is conducted under 
clause (i)(II) by or for the implementing 
agency, the implementing agency shall, if 
requested, provide to the owner or oper-
ator— 
‘‘(I) a written description of the 
monitoring or testing completed; 
‘‘(II) at the time of sampling, a 
portion of each sample equal in vol-
ume or weight to the portion retained 
by or for the implementing agency; 
and 
‘‘(III) a copy of the results of 
any analysis of samples collected by or 
for the implementing agency. 
‘‘(2) CRITERIA.—The implementing agency 
shall apply the following criteria with respect to 
structures: 
‘‘(A) DESIGN
REQUIREMENTS.—For new 
structures, including lateral expansions of exist-
ing structures, the criteria regarding design re-
quirements described in sections 257.70 and 
257.72 of title 40, Code of Federal Regulations, 
as applicable. 
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‘‘(B) GROUNDWATER
MONITORING
AND 
CORRECTIVE ACTION.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), for all structures, the 
criteria regarding groundwater monitoring 
and corrective action requirements de-
scribed in sections 257.90 through 257.98 
of title 40, Code of Federal Regulations, 
including— 
‘‘(I) for the purposes of detection 
monitoring, the constituents described 
in appendix III to part 257 of title 
40, Code of Federal Regulations; and 
‘‘(II) for the purposes of assess-
ment 
monitoring, 
establishing 
a 
groundwater protection standard, and 
assessment of corrective measures, the 
constituents described in appendix IV 
to part 257 of title 40, Code of Fed-
eral Regulations. 
‘‘(ii) EXCEPTIONS
AND
ADDITIONAL 
AUTHORITY.— 
‘‘(I) ALTERNATIVE
POINT
OF 
COMPLIANCE.—Notwithstanding 
sec-
tion 257.91(a)(2) of title 40, Code of 
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Federal 
Regulations, 
the 
imple-
menting agency may establish the rel-
evant point of compliance for the 
down-gradient monitoring system as 
provided in section 258.51(a)(2) of 
title 40, Code of Federal Regulations. 
‘‘(II) 
ALTERNATIVE
GROUND-
WATER
PROTECTION
STANDARDS.— 
Notwithstanding section 257.95(h) of 
title 40, Code of Federal Regulations, 
the implementing agency may estab-
lish an alternative groundwater pro-
tection standard as provided in section 
258.55(i) of title 40, Code of Federal 
Regulations. 
‘‘(III) ABILITY
TO
DETERMINE 
THAT
CORRECTIVE
ACTION
IS
NOT 
NECESSARY
OR
TECHNICALLY
FEA-
SIBLE.—Notwithstanding 
section 
257.97 of title 40, Code of Federal 
Regulations, the implementing agency 
may determine that remediation of a 
release from a structure is not nec-
essary 
as 
provided 
in 
section 
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258.57(e) of title 40, Code of Federal 
Regulations. 
‘‘(IV) GENERAL AUTHORITY RE-
LATING
TO
GROUNDWATER
MONI-
TORING AND CORRECTIVE ACTION.— 
Notwithstanding 
sections 
257.90 
through 257.98 of title 40, Code of 
Federal 
Regulations, 
the 
imple-
menting agency may authorize alter-
native groundwater monitoring and 
corrective action requirements pro-
vided that such requirements are no 
less stringent than the alternative re-
quirements authorized to be estab-
lished under subpart E of part 258 of 
title 40, Code of Federal Regulations. 
‘‘(V) OPPORTUNITY FOR CORREC-
TIVE ACTION FOR UNLINED SURFACE 
IMPOUNDMENTS.—Notwithstanding 
section 257.101(a)(1) of title 40, Code 
of Federal Regulations, the imple-
menting agency may allow the owner 
or operator of an existing structure 
that is an unlined surface impound-
ment— 
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‘‘(aa) to continue to operate, 
pursuant 
to 
sections 
257.96 
through 257.98 of title 40, Code 
of Federal Regulations, until the 
date that is 102 months after the 
date of enactment of this section; 
and 
‘‘(bb) to continue to operate 
after such date as long as such 
unlined 
surface 
impoundment 
meets the groundwater protection 
standard established pursuant to 
this subparagraph and any other 
applicable 
requirement 
estab-
lished pursuant to this section. 
‘‘(C) CLOSURE.—For all structures, the 
criteria for closure described in sections 
257.101, 257.102, and 257.103 of title 40, 
Code of Federal Regulations, except— 
‘‘(i) the criteria described in section 
257.101(a)(1) of title 40, Code of Federal 
Regulations, shall apply to an existing 
structure that is an unlined surface im-
poundment only if— 
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‘‘(I) the unlined surface im-
poundment is not allowed to continue 
operation pursuant to subparagraph 
(B)(ii)(VI)(aa); or 
‘‘(II) in the case of an unlined 
surface impoundment that is allowed 
to continue operation pursuant to sub-
paragraph (B)(ii)(VI)(aa), the date 
described in such subparagraph has 
passed and the unlined surface im-
poundment does not meet the require-
ments 
described 
in 
subparagraph 
(B)(ii)(VI)(bb); 
‘‘(ii) the criteria described in section 
257.101(b)(1) of title 40, Code of Federal 
Regulations, shall not apply to existing 
structures, except as provided in subpara-
graphs (E)(i)(II) and (E)(ii); and 
‘‘(iii) if an implementing agency has 
set a deadline under clause (i) or (ii) of 
subparagraph (L), the criteria described in 
section 257.101(b)(2) of title 40, Code of 
Federal Regulations, shall apply to struc-
tures that are surface impoundments only 
after such deadline. 
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‘‘(D) POST-CLOSURE.—For all structures, 
the criteria for post-closure care described in 
section 257.104 of title 40, Code of Federal 
Regulations. 
‘‘(E) LOCATION RESTRICTIONS.— 
‘‘(i) IN
GENERAL.—The criteria for 
location restrictions described in— 
‘‘(I) for new structures, including 
lateral expansions of existing struc-
tures, sections 257.60 through 257.64 
and 257.3–1 of title 40, Code of Fed-
eral Regulations; and 
‘‘(II) for existing structures, sec-
tions 257.64 and 257.3–1 of title 40, 
Code of Federal Regulations. 
‘‘(ii) ADDITIONAL
AUTHORITY.—The 
implementing agency may apply the cri-
teria described in sections 257.60 through 
257.63 of title 40, Code of Federal Regula-
tions, to existing structures that are sur-
face impoundments. 
‘‘(F) AIR
CRITERIA.—For all structures, 
the criteria for air quality described in section 
257.80 of title 40, Code of Federal Regulations. 
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‘‘(G) FINANCIAL
ASSURANCE.—For all 
structures, the criteria for financial assurance 
described in subpart G of part 258 of title 40, 
Code of Federal Regulations. 
‘‘(H) SURFACE
WATER.—For all struc-
tures, the criteria for surface water described in 
section 257.3–3 of title 40, Code of Federal 
Regulations. 
‘‘(I) RECORDKEEPING.—For all structures, 
the criteria for recordkeeping described in sec-
tion 257.105 of title 40, Code of Federal Regu-
lations. 
‘‘(J) RUN-ON AND RUN-OFF CONTROLS.— 
For all structures that are landfills, sand or 
gravel pits, or quarries, the criteria for run-on 
and run-off control described in section 257.81 
of title 40, Code of Federal Regulations. 
‘‘(K) HYDROLOGIC
AND
HYDRAULIC
CA-
PACITY
REQUIREMENTS.—For all structures 
that are surface impoundments, the criteria for 
inflow design flood control systems described in 
section 257.82 of title 40, Code of Federal Reg-
ulations. 
‘‘(L) STRUCTURAL INTEGRITY.—For struc-
tures that are surface impoundments, the cri-
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teria for structural integrity described in sec-
tions 257.73 and 257.74 of title 40, Code of 
Federal Regulations, except that, notwith-
standing section 257.73(f)(4) of title 40, Code 
of Federal Regulations, the implementing agen-
cy may provide for— 
‘‘(i) up to 30 days for an owner or op-
erator to complete a safety factor assess-
ment when an owner or operator has failed 
to meet an applicable periodic assessment 
deadline provided in section 257.73(f) of 
title 40, Code of Federal Regulations; and 
‘‘(ii) up to 12 months for an owner or 
operator to meet the safety factor assess-
ment 
criteria 
provided 
in 
section 
257.73(e)(1) of title 40, Code of Federal 
Regulations, if the implementing agency 
determines, through the initial safety fac-
tor assessment, that the structure does not 
meet such safety factor assessment criteria 
and that the structure does not pose an 
immediate threat of release. 
‘‘(M) INSPECTIONS.—For all structures, 
the criteria described in sections 257.83 and 
257.84 of title 40, Code of Federal Regulations. 
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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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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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siduals under this Act, defer to the States pur-
suant 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 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 (g), the Adminis-
trator shall not have concurrent enforcement 
authority when a State is implementing a coal 
combustion residuals permit program, including 
during any period of interim operation de-
scribed in subsection (c)(3)(D). 
‘‘(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. 
‘‘(j) MINE RECLAMATION ACTIVITIES.—A coal com-
bustion residuals permit program implemented by the Ad-
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ministrator under subsection (e) shall not apply to the uti-
lization, placement, and storage of coal combustion residu-
als at surface or underground coal mining and reclamation 
operations. 
‘‘(k) USE OF COAL COMBUSTION RESIDUALS.—Use 
of coal combustion residuals in any of the following ways 
shall not be considered to be receipt of coal combustion 
residuals for the purposes of this section: 
‘‘(1) Use as— 
‘‘(A) engineered structural fill constructed 
in accordance with— 
‘‘(i) ASTM E2277 entitled ‘Standard 
Guide for Design and Construction of Coal 
Ash 
Structural 
Fills’, 
including 
any 
amendment or revision to that guidance; 
‘‘(ii) any other published national 
standard determined appropriate by the 
implementing agency; or 
‘‘(iii) a State standard or program re-
lating to— 
‘‘(I) fill operations for coal com-
bustion residuals; or 
‘‘(II) the management of coal 
combustion residuals for beneficial 
use; or 
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‘‘(B) engineered structural fill for— 
‘‘(i) a building site or foundation; 
‘‘(ii) a base or embankment for a 
bridge, roadway, runway, or railroad; or 
‘‘(iii) a dike, levee, berm, or dam that 
is not part of a structure. 
‘‘(2) Storage in a manner that is consistent 
with the management of raw materials, if the coal 
combustion residuals being stored are intended to be 
used in a product or as a raw material. 
‘‘(3) Beneficial use— 
‘‘(A) that provides a functional benefit; 
‘‘(B) that is a substitute for the use of a 
virgin material; 
‘‘(C) that meets relevant product specifica-
tions and regulatory or design standards; and 
‘‘(D) if such use involves placement on the 
land of coal combustion residuals in non-road-
way applications, in an amount equal to or 
greater than the amount described in the defini-
tion of beneficial use in section 257.53 of title 
40, Code of Federal Regulations, for which the 
person using the coal combustion residuals 
demonstrates, and keeps records showing, that 
such use does not result in environmental re-
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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.). 
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 
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