II 
Calendar No. 153 
113TH CONGRESS 
1ST SESSION H. R. 2218 
IN THE SENATE OF THE UNITED STATES 
JULY 29, 2013 
Received; read the first time 
JULY 30, 2013 
Read the second time and placed on the calendar 
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. 
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. 
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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 sub-
section (b)(1), and the certification required under sub-
section (b)(2). 
‘‘(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-
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.— 
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‘‘(A) IN
GENERAL.—Not later than 36 
months after the date of enactment of this sec-
tion 
(except 
as 
provided 
in 
subsection 
(f)(1)(A)), in the case of a State that has noti-
fied the Administrator 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 combustion residuals permit pro-
gram meets the requirements described in sub-
section (c). 
‘‘(B) 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; 
‘‘(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— 
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‘‘(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 proc-
ess for the promulgation, amendment, 
or repeal of regulations for, and the 
issuance of permits under, such per-
mit program; 
‘‘(IV) statutes, regulations, or 
policies pertaining to public access to 
information, such as groundwater 
monitoring data; and 
‘‘(V) statutes, regulations, or 
policies pertaining to structural integ-
rity or dam safety that may be ap-
plied to structures through such per-
mit program; 
‘‘(iv) a certification 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); 
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‘‘(v) copies of State statutes and regu-
lations described in clause (iv); and 
‘‘(vi) an emergency action plan for 
State response to a leak or spill at a struc-
ture that receives coal combustion residu-
als. 
‘‘(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 
criteria described in paragraph (2) to own-
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ers 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 
criteria 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 
engineer certify that— 
‘‘(I) the design of each structure 
that receives coal combustion residu-
als on or after the date of enactment 
of this section is in accordance with 
recognized and generally accepted 
good engineering practices for con-
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tainment of the maximum volume of 
coal combustion residuals and liquids 
which can be impounded therein; and 
‘‘(II) the construction and main-
tenance of the structure will ensure 
structural stability. 
‘‘(ii) EMERGENCY
ACTION
PLAN.— 
The implementing agency shall require 
that the owner or operator of any structure 
that is a surface impoundment that re-
ceives coal combustion residuals on or after 
the date of enactment of this section and 
that is classified by the State as posing a 
high hazard potential pursuant to the 
guidelines published by the Federal Emer-
gency Management Agency entitled ‘Fed-
eral Guidelines for Dam Safety: Hazard 
Potential Classification System for Dams’ 
(FEMA Publication Number 333) prepare 
and maintain an emergency action plan 
that identifies responsible persons and ac-
tions to be taken in the event of a dam 
safety emergency. 
‘‘(iii) INSPECTION.— 
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‘‘(I) IN
GENERAL.—The imple-
menting agency shall require that 
structures that are surface impound-
ments that receive coal combustion re-
siduals on or after the date of enact-
ment of this section be inspected not 
less than annually by an independent 
registered professional engineer to as-
sure that the design, operation, and 
maintenance of the surface impound-
ment is in accordance with recognized 
and generally accepted good engineer-
ing practices for containment of the 
maximum volume of coal combustion 
residuals and liquids which can be im-
pounded therein, so as to ensure dam 
stability. 
‘‘(II) POTENTIALLY HAZARDOUS 
CONDITIONS.—The 
implementing 
agency shall require that if an inspec-
tion under subclause (I), or a periodic 
evaluation under clause (iv), reveals a 
potentially hazardous condition, the 
owner or operator of the structure 
shall immediately take action to miti-
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gate the potentially hazardous condi-
tion and notify appropriate State and 
local first responders. 
‘‘(iv) PERIODIC
EVALUATION.—The 
implementing agency shall require that 
structures that are surface impoundments 
that receive coal combustion residuals on 
or after the date of enactment of this sec-
tion be periodically evaluated for appear-
ances of structural weakness. 
‘‘(v) DEFICIENCY.— 
‘‘(I) IN GENERAL.—If the head 
of the implementing agency deter-
mines that a structure is deficient 
with respect to the requirements in 
clause (i), (iii), or (iv), the head of the 
agency has the authority to require 
action to correct the deficiency accord-
ing to a schedule determined by the 
agency. 
‘‘(II) 
UNCORRECTED
DEFI-
CIENCIES.—If a deficiency is not cor-
rected according to the schedule, the 
head of the implementing agency has 
the authority to require that the 
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structure close in accordance with 
paragraph (5). 
‘‘(III) DAM
SAFETY
CONSULTA-
TION.—In the case of a structure that 
is a surface impoundment, the head of 
the implementing agency shall, in 
making a determination under sub-
clause (I), consult with appropriate 
State dam safety officials. 
‘‘(C) LOCATION.—The implementing agen-
cy shall require that structures that first receive 
coal combustion residuals on or after the date 
of enactment of this section shall be constructed 
with a base located a minimum of 2 feet above 
the upper limit of the water table, unless it is 
demonstrated to the satisfaction of the imple-
menting agency that— 
‘‘(i) the hydrogeologic characteristics 
of a structure and surrounding land would 
preclude such a requirement; and 
‘‘(ii) the function and integrity of the 
liner system will not be adversely impacted 
by contact with the water table. 
‘‘(D) WIND DISPERSAL.— 
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‘‘(i) IN GENERAL.—The implementing 
agency shall require that owners or opera-
tors of structures that receive coal combus-
tion residuals on or after the date of enact-
ment of this section address wind dispersal 
of dust by requiring cover, or by wetting 
coal combustion residuals with water to a 
moisture content that prevents wind dis-
persal, facilitates compaction, and does not 
result in free liquids. 
‘‘(ii) ALTERNATIVE METHODS.—Sub-
ject to the review and approval by the im-
plementing agency, owners or operators of 
structures that receive coal combustion re-
siduals on or after the date of enactment 
of this section may propose alternative 
methods to address wind dispersal of dust 
that will provide comparable or more effec-
tive control of dust. 
‘‘(E) PERMITS.—The implementing agency 
shall require that owners or operators of struc-
tures that receive coal combustion residuals on 
or after the date of enactment of this section 
apply for and obtain permits incorporating the 
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requirements of the coal combustion residuals 
permit program. 
‘‘(F) 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 available for public review 
and comment under the public participa-
tion 
process 
described 
in 
subsection 
(b)(2)(B)(iii)(III) or in subsection (e)(6), 
as applicable; 
‘‘(ii) final determinations on permit 
applications are made known to the public; 
and 
‘‘(iii) groundwater monitoring data 
collected under paragraph (2) is publicly 
available. 
‘‘(G) AGENCY AUTHORITY.— 
‘‘(i) IN GENERAL.—The implementing 
agency has the authority to— 
‘‘(I) obtain information necessary 
to determine whether the owner or op-
erator of a structure is in compliance 
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with the requirements of this sub-
section; 
‘‘(II) conduct or require moni-
toring and testing to ensure that 
structures are in compliance with the 
requirements of this subsection; and 
‘‘(III) enter, at reasonable times, 
any site or premise subject to the coal 
combustion residuals permit program 
for the purpose of inspecting struc-
tures and reviewing records relevant 
to the design, operation, and mainte-
nance of structures. 
‘‘(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 
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