119-hr4875

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4875 Introduced in House

    (IH) ]

<DOC>

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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