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H.R. 2218: Coal Residuals Reuse and Management Act of 2013

Introduced:
Jun 03, 2013
Sponsor:
Rep. David McKinley [R-WV1]
Status:
Passed House
Track this bill

The bill’s title was written by its sponsor. H.R. stands for House of Representatives bill.

Status

This bill passed in the House on July 25, 2013 and goes to the Senate next for consideration.

Prognosis

14% chance of being enacted.

Only about 23% of bills that made it past committee in 2011–2013 were enacted. [show factors | methodology]

Text

Read Bill Text »

Last updated Jul 30, 2013.
50 pages

 
Progress
Introduced Jun 03, 2013
Referred to Committee Jun 03, 2013
Reported by Committee Jun 19, 2013
Passed House Jul 25, 2013
Passed Senate ...
Signed by the President ...
Full Title

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 management and disposal of coal combustion residuals that are protective of human health and the environment.

Primary Source

THOMAS.gov (The Library of Congress)

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Votes
Jul 25, 2013 11:06 a.m.
Failed 185/231
Jul 25, 2013 11:10 a.m.
Failed 176/239
Jul 25, 2013 11:29 a.m.
Failed 192/225
Jul 25, 2013 11:39 a.m.
Passed 265/155

Cosponsors
54 cosponsors (42R, 12D) (show)
Committees

House Energy and Commerce

↪ Environment and the Economy

The committee chair determines whether a bill will move past the committee stage.

Summary

No summaries available.

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GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

7/25/2013--Passed House amended.
Coal Residuals Reuse and Management Act of 2013 -
Section 2 -
Amends the Solid Waste Disposal Act (SWDA) to authorize states to adopt and implement coal combustion residuals (CCRs) permit programs.
Requires each state governor to notify the Administrator of the Environmental Protection Agency (EPA) within 6 months about whether such state will implement a program.
Requires states that decide to implement a program to:
(1) submit to the Administrator, within 36 months, a certification that the program meets the specifications of this Act; and
(2) maintain either an approved municipal solid waste program or other system of prior approval and conditions under such Act for the control of hazardous disposal or an authorized state hazardous waste program.
Requires the certification to include an emergency action plan for state response to a leak or spill at a structure that receives CCRs. Authorizes the state to update the certification as needed to reflect changes to the CCRs permit program.
Establishes minimum requirements for CCRs permit programs.
Requires the revised criteria established by this Act to apply to owners or operators of structures, including surface impoundments, that receive CCRs. Directs the agency responsible for implementing such a program to require that an independent registered professional engineer certify that:
(1) the design of each structure that receives CCRs is in accordance with recognized and generally accepted good engineering practices for containment of the maximum volume of CCRs and liquids which can be impounded therein, and
(2) the construction and maintenance of the structure will ensure structural stability.
Directs such agencies to require the owner or operator of a structure that receives CCRs and that is classified by the state as posing a high hazard potential pursuant to the guidelines published by the Federal Emergency Management Agency (FEMA), entitled "Federal Guidelines for Dam Safety: Hazard Potential Classification System for Dams," to prepare and maintain an emergency action plan that identifies responsible persons and actions to be taken in the event of a dam safety emergency.
Directs such agencies to require the inspection of such 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 CCRs and liquids that can be impounded, so as to ensure dam stability.
Directs such agencies to require:
(1) the owner or operator of the structure that has had an inspection or evaluation that revealed a potentially hazardous condition to immediately take action to mitigate such condition and notify appropriate state and local first responders,
(2) structures that are surface impoundments that receive CCRs to be periodically evaluated for appearances of structural weakness,
(3) action to correct structural deficiencies according to a schedule determined by the agency, and
(4) closing of a structure if such deficiencies are not corrected according to the schedule.
Directs such agencies to require structures 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 such agencies to require that owners or operators of structures address wind dispersal of dust by requiring cover or by wetting CCRs 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 agencies to require that owners and operators apply for and obtain a permit incorporating the requirements of the CCRs permit program.
Authorizes such agencies to: (1) obtain information for compliance purposes; (2) require monitoring and testing to ensure compliance; (3) inspect structures and review records relevant to the design, operation, and maintenance of structures; and (4) implement and enforce such program.
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 CCRs; and
(8) run-off control systems for surface impoundments that receive CCRs.
Requires states to notify owners and operators of such structures of the obligation to apply for and obtain a permit and the groundwater record keeping requirements no later than: (1) 12 months after a state submits a certification of a program under this Act, (2) 30 months after a state notifies the Administrator that it does not intend to develop such program, or (3) 36 months after the enactment of such program that is being implemented by the Administrator.
Directs such agencies to require such owners or operators to comply with such criteria and groundwater record keeping requirements no later than: (1) 12 months after a state submits its certification, (2) 42 months after the Administrator receives notice that a state will not operate its own permit program, or (3) 48 months after the enactment of such program that is being implemented by the Administrator.
Requires such agencies to issue a final permit incorporating the requirements of such program or final denial for an application no later than:
(1) 48 months after the state submits its certification,
(2) 78 months after the Administrator receives notice from a state that it does not intend to operate its own permit program, or
(3) 84 months after the enactment of such program that is being implemented by the Administrator. Requires agency collaboration with a structure's owner or operator to identify a deadline by which a permit application must be submitted.
Authorizes owners and operators to continue to operate under existing authority: (1) until such deadlines are in effect, and (2) after such deadlines are in effect and before such agency has issued a final permit incorporating the requirements of such program if a structure meets such criteria and has not been directed to close.
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, (2) deadlines for compliance with the groundwater protection standard for structures subject to corrective action; and (3) requirements for extending deadlines.
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 structure's site-specific characteristics. 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 to: (1) provide a state with notice of, and an opportunity to remedy, deficiencies; and (2) consider certain criteria in determining if a state program is deficient.
Requires the Administrator to implement such a program for a state only if:
(1) the governor of the state notifies the Administrator that the 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.
Prohibits the Administrator from having concurrent enforcement authority when a state is implementing a CCRs permit program, unless assistance is provided at the request of the head of a lead state agency that is implementing the program.
Prohibits the Administrator from applying such programs to the utilization, placement, and storage of CCRs at surface mining and reclamation operations.
Prohibits this Act from being construed as affecting the authority of the Administrator under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) with respect to CCRs.
Section 3 -
Prohibits this Act from being construed to:
(1) alter the EPA 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 under SWDA;
(2) affect the authority of a state to request, or the Administrator to provide, technical assistance under SWDA; or
(3) affect the obligations of the owner or operator of a structure (as defined by SWDA) under the Federal Power Act concerning electric reliability.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

This summary can be found at http://www.gop.gov/bill/113/1/hr2218.

Background

CCR or “coal ash” is inorganic residue that remains after pulverized coal is burned.[1]  “Of the 135 million tons of [CCR] generated in 2009, approximately 94 million tons (69%) was disposed of.  Disposal occurred in landfills, surface impoundments, and as minefill.  The remaining 40.7 million tons was beneficially used in some capacity, primarily as an ingredient in certain building materials (e.g., concrete, cement, or gypsum wallboard), as structural fill, as a waste stabilization ingredient, and as blasting grit.”[2]

The Solid Waste Disposal Act (RCRA)[3] provides for regulation of the management and disposal of waste.  Subtitle C of RCRA addresses hazardous waste, directing the EPA “to develop criteria for identifying the characteristics of ‘hazardous’ waste and to develop waste management criteria applicable to such waste.  Subtitle D of RCRA established State and local governments as the primary planning, regulating, and implementing entities for the management of solid waste (i.e., household garbage . . . and non-hazardous industrial solid waste).”[4]

The Bevill Amendments, enacted in the Solid Waste Disposal Act Amendments of 1980,[5] “prevented EPA from imposing hazardous waste regulatory requirements for fossil fuel combustion (FFC) waste until EPA studied the issue to determine whether regulation of FFC waste under Subtitle C was warranted.”[6]  In 1993 and again in 2000, the EPA determined that regulating FFC waste, and CCR specifically, under Subtitle C of RCRA was not warranted.[7]  Currently, there is no federal standard for CCR and any regulation is performed on a state-by-state basis.

On June 21, 2010, the EPA issued a proposed rule “set[ting] out three regulatory options for management of [CCR].  One proposal would create an enforceable permit program for [CCR] under Subtitle C of RCRA.  The other two proposals would impose self-implementing requirements under Subtitle D of RCRA.”[8] 

CCR are used in a variety of products and applications, including concrete, wall board, and road base.  There is concern that the regulation of CCR as hazardous waste under Subtitle C would cause “an unwarranted stigma on [CCR] and threaten[] their beneficial re-use.”[9]  Additionally, regulation of CCR under Subtitle C would require EPA to reverse its previous regulatory determinations made pursuant to the Bevill Amendment.  There is concern that it does not have legal authority to do so.[10]  H.R. 2218 addresses these issues by ensuring CCR are not regulated as hazardous waste under Subtitle C of the Solid Waste Disposal Act, and by establishing requirements for proper management and disposal of CCR to encourage beneficial use.

[1] Committee Report 113-148 at 23.

[2] Linda Luther, EPA’s Proposal to Regulate Coal Combustion Waste Disposal: Issues for Congress, Congressional Research Service (Oct. 7, 2011) at 9.

[3] 42 U.S.C. §6901 et seq.

[4] Committee Memorandum at 1-2.

[5] Public Law 96-482.

[6] Committee Memorandum at 2.

[7] Id.

[8] Committee Report 113-148 at 13.

[9] Id. at 13-14.

[10] Id. at 13-14.

Summary

H.R. 2218 establishes Federal minimum requirements for the management and disposal of coal combustion residuals (CCR).[1]  H.R. 2218 allows States to develop CCR or “coal ash” permit programs, as long as they meet the Federal minimum requirements provided in the bill.   Alternatively, a State may choose to allow the EPA to administer its CCR permit program.  The bill “remov[es] the option for EPA to regulate [CCR] under Subtitle C of the Solid Waste Disposal Act.”[2] 

H.R. 2218 requires states “to notify EPA within six months of enactment whether . . . they intend to implement their own CCR permit program.  Within 3 years, the States [will be] required to provide EPA details of the laws, regulations, and other features of their permit programs.  If a State declines to implement its own permit program or, after notice and comment, EPA determines that a State’s program falls short of the minimum standards in this bill, then EPA would take steps to implement a permit program for that State.  If a state corrects a deficiency noted by EPA or chooses to take back its own permit program, the bill provides a mechanism by which a State may do so.  The bill also sets out specific criteria for EPA to make a determination regarding whether a State permit program is deficient. “[3]

The Federal minimum requirements established in H.R. 2218 “include certain criteria set out in Part 258 of Title 40 of the Code of Federal Regulations for managing municipal waste and other requirements that would apply specifically to the management and disposal of CCRs.[4]  The requirements include provisions for structural integrity, wind dispersal, public availability of information, design requirements, groundwater monitoring and corrective action, closure and post-closure, air quality, financial assurance, surface water, run-on and run-off for land based structures, run-off for surface impoundments, and location restrictions for structures established after enactment.”[5]  The bill also requires a CCR permit program to, at a minimum, provide for annual inspections and periodic evaluations of structures.[6] 

H.R. 2218 establishes a timeline for States to begin issuing permits once their permit programs are certified, and provides guidance for compliance with certain minimum standards during the intervening time.

[1] CCR or “coal ash” is inorganic residue that remains after pulverized coal is burned. Id. at 23.

[2] Committee Memorandum Re: Markup of H.R. 2218, Coal Residuals Reuse and Management Act of 2013; H.R. 2279, Reducing Excessive Deadline Obligations Act of 2013; H.R. 2226, Federal and State Partnership for Environmental Protection Act of 2013; and H.R. 2318, Federal Facility Accountability Act of 2013 (June 14, 2013) at 2.

[3] Id. at 2-3.

[4] The bill also “contains specific requirements for unlined surface impoundments that do not meet the design criteria in Part 258 to meet a groundwater protection standard.” Id. at 3.

[5] Id.

[6] Id.

Cost

Based on CBO scoring, “implementing this legislation would cost $2 million over the 2014-2018 period, subject to the availability of appropriated funds.  Enacting H.R. 2218 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply.”  In addition, the bill would impose intergovernmental mandates as defined in the Unfunded Mandates Reform Act (UMRA) and “would impose an intergovernmental and private-sector mandate on owners and operators of structures that receive CCR by establishing minimum federal requirements for the management and disposal of CCR.”

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

We’ll be looking for a source of summaries from the other side in the meanwhile.

The bill contains the following citations to other parts of U.S. law:

United States Code

The United States Code is the compilation of general and permanent laws enacted by Congress. Laws that are not permanent in nature, law that affect a single individual, family, or small group, regulations, case law, state law, and local law do not appear in the United States Code.

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