[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4875 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 4875
To amend the Solid Waste Disposal Act to establish a framework for the
beneficial use of coal combustion residuals, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 5, 2025
Mr. Barr introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Solid Waste Disposal Act to establish a framework for the
beneficial use of coal combustion residuals, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coal Ash for American Infrastructure
Act''.
SEC. 2. BENEFICIAL USE STAGING UNITS.
Section 4005 of the Solid Waste Disposal Act (42 U.S.C. 6945) is
amended by adding at the end the following:
``(e) Beneficial Use Staging Units.--
``(1) Application.--
``(A) In general.--An owner or operator of a coal
combustion residuals unit may submit to a State
operating a State permit program or other system of
prior approval and conditions that is approved under
subsection (d)(1)(B), or with respect to a coal
combustion residuals unit in a nonparticipating State,
to the Administrator, an application to designate the
coal combustion residuals unit as a beneficial use
staging unit under paragraph (2).
``(B) Contents.--An application under this
paragraph shall include--
``(i) an attestation that the owner or
operator of the coal combustion residuals unit
will comply, with respect to such coal
combustion residuals unit, with the applicable
beneficial use requirement under paragraph (4);
``(ii) a measurement in cubic yards of the
volume of coal combustion residuals stored in
the coal combustion residuals unit; and
``(iii) a beneficial use management plan
detailing--
``(I) the volume of coal combustion
residuals to be removed from the coal
combustion residuals unit for
beneficial use;
``(II) the schedule for such
removal;
``(III) any plan for the recovery
from such coal combustion residuals of
any critical mineral (as such term is
defined in section 7002(a) of the
Energy Act of 2020); and
``(IV) beneficial use markets for
such coal combustion residuals.
``(2) Determination.--
``(A) Approval.--A State operating a State permit
program or other system of prior approval and
conditions that is approved under subsection (d)(1)(B),
or with respect to a coal combustion residuals unit in
a nonparticipating State, the Administrator, may
approve an application submitted under paragraph (1)
and designate the coal combustion residuals unit as a
beneficial use staging unit if such coal combustion
residuals unit--
``(i) is a surface impoundment or landfill;
``(ii) is lined in accordance with section
257.70, 257.71, or 257.72 of title 40, Code of
Federal Regulations (or any successor
regulations), or a State standard established
pursuant to a State permit program or other
system that is at least as protective as the
criteria under any such section that applies to
the surface impoundment or landfill;
``(iii) satisfies the groundwater
monitoring requirements under sections 257.90
through 257.98 of title 40, Code of Federal
Regulations (or any successor regulations), or
a State standard established pursuant to a
State permit program or other system that is at
least as protective as the criteria under such
sections; and
``(iv) is in compliance with any Federal or
State regulations that apply with respect to
such coal combustion residuals unit.
``(B) Denial.--If a State operating a State permit
program or other system of prior approval and
conditions that is approved under subsection (d)(1)(B),
or the Administrator, denies an application submitted
under paragraph (1), such State or the Administrator,
respectively, shall notify the applicant of the reason
for such denial.
``(3) Length of designation; multiple designations.--
``(A) Length of designation.--A designation under
paragraph (2) shall expire on the date by which removal
from the beneficial use staging unit of coal combustion
residuals for beneficial use is required under
paragraph (4).
``(B) Multiple designations.--
``(i) In general.--A coal combustion
residuals unit may be designated as a
beneficial use staging unit under paragraph (2)
multiple times, except as provided in clause
(ii).
``(ii) Limitation.--A coal combustion
residuals unit that is designated as a
beneficial use staging unit under paragraph (2)
may not be subsequently so designated if the
owner or operator of such unit fails, with
respect to such unit, to comply with the
applicable beneficial use requirement under
paragraph (4).
``(4) Beneficial use requirement.--The owner or operator of
a beneficial use staging unit shall remove from such unit for
beneficial use, or enter into a contract for such removal--
``(A) for any such unit that stores fewer than 1.5
million cubic yards of coal combustion residuals, as
specified in the application under paragraph (1), at
least 25 percent of the coal combustion residuals
stored in such unit, by not later than the earlier of--
``(i) the date that is 5 years after such
removal begins; and
``(ii) the date that is 7 years after the
applicable designation date; and
``(B) for any such unit that stores 1.5 million
cubic yards or more of coal combustion residuals, as
specified in the application under paragraph (1), at
least 25 percent of the coal combustion residuals
stored in such unit, by not later than the earlier of--
``(i) the date that is 10 years after such
removal begins; and
``(ii) the date that is 12 years after the
applicable designation date.
``(5) Prohibition on addition of coal combustion
residuals.--A beneficial use staging unit may not receive coal
combustion residuals.
``(6) Treatment of beneficial use staging units.--A
beneficial use staging unit--
``(A) shall be considered to be a sanitary landfill
for purposes of this Act, including subsection (a), if
the beneficial use staging unit is in compliance with
the requirements of this subsection; and
``(B) shall not be subject to section 257.102(e)(2)
of title 40, Code of Federal Regulations (or any
successor regulation), or any Federal or State
requirement to close for failure of the owner or
operator of such beneficial use staging unit to remove
from such unit coal combustion residuals for beneficial
use by a date that is earlier than the date by which
removal from such unit of coal combustion residuals for
beneficial use is required under paragraph (4).
``(7) Revocation of designation.--The State that designated
a beneficial use staging unit, or with respect to a beneficial
use staging unit designated in a nonparticipating State, the
Administrator, may issue a revocation of such designation for
failure of the beneficial use staging unit to maintain
compliance with the requirements of clauses (ii), (iii), and
(iv) of paragraph (2)(A).
``(8) Reports.--
``(A) In general.--Not later than March 1, 2026,
and annually thereafter, the Administrator shall
publish a report, broken down by State and year, that
includes--
``(i) for each beneficial use staging unit,
the volume of coal combustion residuals stored
in such unit and the volume of coal combustion
residuals removed from such unit for beneficial
use; and
``(ii) the number of revocations issued
under paragraph (7).
``(B) State information.--Each State shall provide
to the Administrator any information necessary for the
Administrator to publish the report under subparagraph
(A).
``(9) Federal preemption.--A State, or political
subdivision thereof, may not establish, maintain, or enforce
any State law, regulation, or executive order that conflicts
with this subsection, including any such law, regulation, or
executive order that mandates the closure of a beneficial use
staging unit that is in compliance with the requirements of
this subsection.
``(10) Definitions.--In this subsection:
``(A) Beneficial use staging unit.--The term
`beneficial use staging unit' means a coal combustion
residuals unit designated under paragraph (2), for
which such designation has not expired under paragraph
(4) or been revoked under paragraph (7).
``(B) Designation date.--The term `designation
date' means, with respect to a coal combustion
residuals unit, the date that such unit is designated
as a beneficial use staging unit under paragraph (2).
``(C) Nonparticipating state.--The term
`nonparticipating State' has the meaning given such
term in subsection (d)(2)(A).''.
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