HR-2218 : Still Just a Bill

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.

Action Timeline

Action DateTypeTextSource
2013-07-30CalendarsRead the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 153.Senate
2013-07-29CalendarsReceived in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.Senate
2013-07-25FloorMotion to reconsider laid on the table Agreed to without objection.House floor actions
2013-07-25VoteOn passage Passed by recorded vote: 265 - 155 (Roll no. 418).House floor actions
2013-07-25VoteOn motion to recommit with instructions Failed by recorded vote: 192 - 225, 1 Present (Roll no. 417). (consideration: CR H5071)House floor actions
2013-07-25FloorThe previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H5071)House floor actions
2013-07-25FloorDEBATE - The House proeeded with 10 minutes of debate on the McCollum motion to recommit with instructions. The instructions contained in the motion to seek to require the bill to be reported back to the House with an amendment to require that the implementing agency of any coal ash permit granted under the bill ensure that all wet disposal structures meet criteria for design, construction, operation, and maintenance sufficient to prevent contamination of groundwater and sources of drinking water, including the Great Lakes pending reservation of a point of order. Subsequently, the reservation was removed.House floor actions
2013-07-25FloorMs. McCollum moved to recommit with instructions to Energy and Commerce. (consideration: CR H5070; text: CR H5070)House floor actions
2013-07-25FloorThe House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text of amendment in the nature of a substitute: CR H5061-5065)House floor actions
2013-07-25FloorThe previous question was ordered pursuant to the rule. (consideration: CR H5070)House floor actions
2013-07-25FloorThe House rose from the Committee of the Whole House on the state of the Union to report H.R. 2218.House floor actions
2013-07-25FloorUNFINISHED BUSINESS - The Chair announced that the unfinished business was on adoptopn of amendments which were debated earlier and on which further proceedings were postponed.House floor actions
2013-07-25FloorPOSTPONED PROCEEDINGS - At the conclusion of debate on the Tonko Part A Amendment No. 3, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Tonko demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.House floor actions
2013-07-25FloorDEBATE - Pursuant to the provisions of H. Res. 315, the Committee of the Whole proceeded with 10 minutes of debate on the Tonko Part A Amendment No. 3.House floor actions
2013-07-25FloorPOSTPONED PROCEEDINGS - At the conclusion of debate on the Waxman Part A Amendment No. 2, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Waxman demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until a time to be announced.House floor actions
2013-07-25FloorDEBATE - Pursuant to the provisions of H. Res. 315, the Committee of the Whole proceeded with 10 minutes of debate on the Waxman Part A Amendment No. 2.House floor actions
2013-07-25FloorDEBATE - Pursuant to the provisions of H.Res. 315, the Committee of the Whole proceeded with 10 minutes of debate on the Connolly Part A Amendment No. 1.House floor actions
2013-07-25FloorGENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 2218.House floor actions
2013-07-25FloorHouse resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 315 and Rule XVIII.House floor actions
2013-07-25FloorThe Speaker designated the Honorable Rob Bishop to act as Chairman of the Committee.House floor actions
2013-07-25FloorRule provides for consideration of H.R. 2218 and H.R. 1582.House floor actions
2013-07-25FloorConsidered under the provisions of rule H. Res. 315. (consideration: CR H5055-5072)House floor actions
2013-07-23FloorRules Committee Resolution H. Res. 315 Reported to House. Rule provides for consideration of H.R. 2218 and H.R. 1582.House floor actions
2013-07-10CalendarsPlaced on the Union Calendar, Calendar No. 107.House floor actions
2013-07-10CommitteeReported (Amended) by the Committee on Energy and Commerce. H. Rept. 113-148.House floor actions
2013-06-19CommitteeOrdered to be Reported by the Yeas and Nays: 31 - 16.House committee actions
2013-06-19CommitteeCommittee Consideration and Mark-up Session Held.House committee actions
2013-06-18CommitteeCommittee Consideration and Mark-up Session Held.House committee actions
2013-06-06CommitteeSubcommittee Consideration and Mark-up Session Held.House committee actions
2013-06-06CommitteeForwarded by Subcommittee to Full Committee by Voice Vote .House committee actions
2013-06-04CommitteeReferred to the Subcommittee on Environment and the Economy.House committee actions
2013-06-03IntroReferralReferred to the House Committee on Energy and Commerce.House floor actions
2013-06-03IntroReferralIntroduced in HouseLibrary of Congress
2013-04-11CommitteeHearings Held by the Subcommittee on Environment and the Economy Prior to Introduction and Referral.House committee actions

Sponsor :

Rep. McKinley, David B. [R-WV-1]
See Cosponsors

Policy Area :

Environmental Protection
See Subjects
  • Administrative remedies
  • Air quality
  • Coal
  • Dams and canals
  • Electric power generation and transmission
  • Emergency planning and evacuation
  • Environmental Protection Agency (EPA)
  • Environmental assessment, monitoring, research
  • Environmental regulatory procedures
  • Hazardous wastes and toxic substances
  • Intergovernmental relations
  • Licensing and registrations
  • Solid waste and recycling
  • State and local government operations
  • Water quality

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