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United States · Bill · HR

H.R. 2218 (113th)

Coal Residuals Reuse and Management Act of 2013

openUnited States· United States Congress· EN

Introduced

3 June 2013

Last action

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Status

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 153.

Sponsors

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Subjects

Discovery layer

Source updated

7 April 2025

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Summary

Coal Residuals Reuse and Management Act of 2013 - Amends the Solid Waste Disposal Act (SWDA) to authorize states to adopt and implement coal combustion residuals permit programs. Requires states that decide to implement such a program to: (1) certify that such program meets the specifications of this Act, and (2) maintain either an approved program or system for the disposal of hazardous waste from households or small quantity generators or an authorized state hazardous waste program. Requires the agency implementing such coal combustion residuals permit programs to apply the revised criteria established by this Act to owners or operators of structures that receive such residuals, including surface impoundments. Sets forth requirements for: (1) the certification, inspection, and evaluation of structures under such programs; (2) the preparation and maintenance of emergency action plans in the event of dam safety emergency for surface impoundments that pose a high hazard potential; and (3) the mitigation of such hazards. Authorizes a state agency responsible for implementing a program to require: (1) action to correct structural deficiencies according to a schedule, and (2) closure of a structure if such deficiencies are not corrected according to such schedule. Directs such agency to require 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, with specified exceptions. Directs such agency to require structures to 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 structure owners or operators to propose alternative methods that will provide comparable or more effective control of dust. Authorizes such agency to conduct or require monitoring and testing to ensure structure compliance with program requirements. Sets forth revised criteria for program structures with respect to: (1) design, groundwater monitoring, corrective action, closure, and post-closure care; (2) location restrictions in floodplains, wetlands, fault areas, seismic impact zones, and unstable areas; (3) air quality; (4) financial assurance; (5) surface water; and (6) record keeping. Sets forth revised criteria for: (1) run-on and run-off control systems for landfills and other land-based units other than surface impoundments that receive coal combustion residuals; and (2) run-off control systems for surface impoundments that receive coal combustion residuals. Establishes deadlines for owners and operators to comply with such criteria. Requires such agency to issue a final permit incorporating the requirements of such program or deny an application within specified time frames. Authorizes owners and operators to continue to operate a structure until: (1) such deadlines are in effect; and (2) such agency issues a final permit incorporating the requirements of such program or a final denial for an application submitted requesting such a permit, if such structure meets such criteria. Sets forth: (1) closure requirements for surface impoundments if they do not have specified liner systems and do not meet specified design criteria for municipal solid waste landfills, and (2) deadlines for compliance with the groundwater protection standard for structures subject to corrective action. 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 of closure as soon as practicable 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. Requires the Administrator of the Environmental Protection Agency (EPA) to provide a state with notice of, and an opportunity to remedy, deficiencies with respect to meeting program requirements. Establishes: (1) conditions under which the Administrator shall implement such a program for a state, and (2) requirements for implementation or resumption of a program by a state for which the Administrator is implementing a program. Prohibits such a program from applying to the utilization, placement, and storage of coal combustion residuals at surface mining and reclamation operations. Prohibits this Act from being construed to alter the EPA's regulatory determination, entitled "Notice of Regulatory Determination on Wastes from the Combustion of Fossil Fuels," that the fossil fuel combustion wastes addressed do not warrant regulation as hazardous waste under SWDA.

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Documents

11 official files

Placed on Calendar Senate (text)

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