Amends the Solid Waste Disposal Act to authorize states to adopt and implement coal combustion residuals permit programs.
Requires each state governor to notify the Administrator within 6 months about whether such state will implement such a program.
Requires states that decide to implement such a program to:
(1) submit to the Administrator, within 36 months, a certification that such program meets the specifications of this Act; and
(2) maintain either an approved municipal solid waste program for the control of hazardous disposal or an authorized state hazardous waste program.
Authorizes such state to update the certification as needed to reflect changes to the coal combustion residuals permit program.
Establishes minimum requirements for coal combustion residuals permit programs.
Requires the revised criteria established by this Act to apply to owners or operators of structures, including surface impoundments, that receive coal combustion residuals.
Directs such a program to require that an independent registered professional engineer certify that:
(1) the design of structures is in accordance with recognized and generally accepted good engineering practices for containment of the maximum volume of coal combustion residuals and liquids appropriate for the structure, and
(2) the construction and maintenance of the structure will ensure dam stability.
Directs such a program to require the inspection of surface impoundment structures at least annually by an independent registered professional engineer to assure that the design, operation, and maintenance of the surface impoundment is in accordance with recognized and generally accepted good engineering practices for containment of the maximum volume of coal combustion residuals and liquids which can be impounded, so as to ensure dam stability.
Directs state agency heads to require: (1) action to correct structural deficiencies according to a schedule determined by the agency, and (2) that such a structure close if such deficiencies are not corrected according to such schedule.
Requires each structure that first receives coal combustion residuals after this Act's enactment to be constructed with a base located a minimum of two feet above the upper limit of the water table, unless it is demonstrated that: (1) the hydrogeologic characteristics of the structure and surrounding land would preclude such a requirement, and (2) the function and integrity of the liner system will not be adversely impacted by contact with the water table.
Directs the agency responsible for implementing such a program to require that owners or operators of structures address wind dispersal of dust by requiring cover or by wetting coal combustion residuals with water to a moisture content that prevents wind dispersal, facilitates compaction, and does not result in free liquids. Authorizes owners or operators of structures to propose alternative methods to address wind dispersal of dust that will provide comparable or more effective control of dust.
Directs such agency to require that such owners and operators apply for and obtain a permit incorporating the requirements of the coal combustion residuals permit program.
Requires states, by the date on which a state submits certification, to notify owners and operators of such structures of the obligation to apply for and obtain such permit and the groundwater monitoring requirements.
Directs a state to require such owners or operators to comply with groundwater monitoring requirements within a year after a state submits such certification.
Authorizes such agencies to: (1) obtain information for compliance purposes, (2) require monitoring and testing to ensure compliance, (3) inspect structures, and (4) implement and enforce such program.
Establishes certain requirements concerning groundwater for surface impoundments that receive coal combustion residuals.
Sets forth revised criteria for such programs with respect to:
(1) design, groundwater monitoring, corrective action, and closure and post-closure for structures;
(2) location restrictions for structures in floodplains, wetlands, fault areas, seismic impact zones, and unstable areas;
(3) air quality;
(4) financial assurance;
(5) surface water;
(6) record keeping;
(7) run-on and run-off control systems for landfills and other land-based units other than surface impoundments that receive coal combustion residuals; and
(8) run-off control systems for surface impoundments that receive coal combustion residuals.
Requires the Administrator to provide a state with notice of, and an opportunity to remedy, deficiencies.
Requires the Administrator to implement such a program for a state only if:
(1) the governor of such state notifies the Administrator that such state will not implement a program;
(2) the state is notified of, but fails to remedy, program deficiencies; or
(3) the state notifies the Administrator that it will no longer implement such a program.
Authorizes a state to obtain review of a determination by the Administrator that the state has failed to remedy such deficiencies as if such determination was a final regulation.
Sets forth provisions concerning resumption of implementation by states.
Requires the time period and method for a structure's closure to be set forth in a closure plan that establishes a deadline for completion and that takes into account the site-specific characteristics of such structure. Directs the closure plan for a surface impoundment to require the removal of liquid and the stabilization of remaining waste as necessary to support the final cover.
Prohibits the Administrator from having concurrent enforcement authority when a state is implementing a coal combustion residuals permit program, unless assistance is provided at the request of the head of a lead state agency that is implementing such program.
Prohibits the Administrator from applying such programs to the utilization, placement, and storage of coal combustion residuals at surface mining and reclamation operations.