H.R. 2218, the "Coal Residuals Reuse and Management Act of 2013"

Coal ash, the residual waste from coal combustion in power plants or industrial facilities, is disposed of in surface impoundments and landfills. Current disposal practices can pose both catastrophic and chronic risks.

H.R. 2218, introduced by Rep. David McKinley (R-WV), would do little to ensure the safe disposal of coal ash.  H.R. 2218 weakens current law and blocks EPA from regulating coal ash disposal in several ways.  Under current law, EPA has the authority to issue a number of safety requirements for existing disposal sites, such as liner requirements for impoundments to prevent groundwater contamination.  H.R. 2218 blocks EPA from issuing such requirements and does not require states to take comparable action.  This means existing coal ash disposal sites could continue to operate even if they are operating in an unsafe condition.  Under current law, EPA also can require cleanup of contaminated coal ash disposal sites. H.R. 2218 blocks this authority and allows any state-required cleanup to be delayed indefinitely if the owner or operator of the contaminated site meets certain loosely defined conditions.  H.R. 2218 also contains no requirements for coal ash disposal sites that are no longer receiving coal ash for disposal but blocks EPA from taking any action relating to these potentially dangerous sites.

Moreover, the bill does not establish a federal standard of protection for coal ash disposal programs.  Other environmental laws require states to “protect human health and the environment” when operating a delegated program.  Instead of following this model, H.R. 2218 does not hold states to any specific standard of performance, potentially allowing public health protections to vary widely between states.  The bill blocks EPA from having any role in providing guidance, interpretation, or regulation to ensure consistent protection of human health and the environment across the country.

The House passed H.R. 2218 on July 24, 2013.

This legislation is similar to H.R. 2273, which passed the House in the 112th Congress on October 14, 2011.