A BILL 
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 
‘‘Coal Residuals Reuse and Management Act of 2013’’. 
(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 if such 
State provides the notification required under subsection 
(b)(1), and the certification required under subsection 
(b)(2). 
‘‘(b) STATE ACTIONS.— 
‘‘(1) NOTIFICATION.—Not later than 6 months 
after the date of enactment of this section (except as 
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provided by the deadline identified under subsection 
(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 36 
months after the date of enactment of this section 
(except as provided in subsection (f)(1)(A)), in 
the case of a State that has notified the Adminis-
trator that it will implement a coal combustion 
residuals permit program, the head of the lead 
State implementing agency shall submit to the 
Administrator a certification that such coal com-
bustion residuals permit program meets the re-
quirements described in subsection (c). 
‘‘(B) CONTENTS.—A certification submitted 
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 pro-
gram; 
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‘‘(iii) an explanation of how the State 
coal combustion residuals permit program 
meets the requirements of this section, in-
cluding a description of the State’s— 
‘‘(I) process to inspect or other-
wise determine compliance with such 
permit program; 
‘‘(II) process to enforce the re-
quirements of such permit program; 
‘‘(III) public participation process 
for the promulgation, amendment, or 
repeal of regulations for, and the 
issuance of permits under, such permit 
program; 
‘‘(IV) statutes, regulations, or 
policies pertaining to public access to 
information, 
such 
as 
groundwater 
monitoring data; and 
‘‘(V) statutes, regulations, or poli-
cies pertaining to structural integrity 
or dam safety that may be applied to 
structures through such permit pro-
gram; 
‘‘(iv) a certification that the State has 
in effect, at the time of certification, stat-
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utes or regulations necessary to implement 
a coal combustion residuals permit program 
that meets the requirements described in 
subsection (c); and 
‘‘(v) copies of State statutes and regu-
lations described in clause (iv). 
‘‘(C) 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 State im-
plementing agency shall maintain an approved per-
mit program or other system of prior approval and 
conditions under section 4005(c) or an authorized 
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) 
IN
GENERAL.—The 
implementing 
agency shall— 
‘‘(i) apply the subset of the revised cri-
teria described in paragraph (2) to owners 
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or operators of structures, including surface 
impoundments, that receive coal combustion 
residuals on or after the date of enactment 
of this section; 
‘‘(ii) with respect to structures that are 
receiving coal combustion residuals as of the 
date of enactment of this section, take the 
actions required under paragraph (3); 
‘‘(iii) impose requirements for surface 
impoundments that do not meet certain cri-
teria pursuant to paragraph (4); and 
‘‘(iv) require that closure of structures 
occur in accordance with paragraph (5). 
‘‘(B) STRUCTURAL INTEGRITY.— 
‘‘(i) ENGINEERING
CERTIFICATION.— 
The implementing agency shall require that 
an independent registered professional engi-
neer certify that— 
‘‘(I) the design of each structure 
that receives coal combustion residuals 
on or after the date of enactment of 
this section is in accordance with rec-
ognized and generally accepted good 
engineering practices for containment 
of the maximum volume of coal com-
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