HR4875-119

What This Bill Does

The Coal Ash for American Infrastructure Act creates a new regulatory status for coal combustion residuals units. Owners or operators may ask an approved state permit program, or EPA in a nonparticipating state, to designate a lined, groundwater-monitored, compliant coal ash surface impoundment or landfill as a beneficial-use staging unit. The application must include an attestation, the coal ash volume in cubic yards, and a management plan covering how much material will be removed for beneficial use, the removal schedule, any critical mineral recovery plan, and the expected beneficial-use markets. A unit storing fewer than 1.5 million cubic yards must remove or contract to remove at least 25 percent of stored coal ash by the earlier of 5 years after removal begins or 7 years after designation. A unit storing 1.5 million cubic yards or more gets the earlier of 10 years after removal begins or 12 years after designation. A designated unit may not receive new coal ash, is treated as a sanitary landfill while compliant, is not forced to close under earlier federal or state deadlines before the new deadline, can lose designation for compliance failures, and is protected against conflicting state or local closure mandates. EPA must publish annual state-by-state reports on coal ash volumes removed for beneficial use and revocations.

Who Benefits and How

Coal-fired power plant operators benefit because compliant impoundments and landfills can receive beneficial-use staging status instead of being forced into earlier closure. Coal ash recycling firms benefit from management plans and deadlines that push at least 25 percent of stored material toward beneficial-use markets. Infrastructure material buyers benefit if more coal combustion residuals are available for cement, concrete, road, or other beneficial uses. Critical mineral recovery companies benefit because applications can include plans to recover critical minerals from coal ash. State coal ash permit programs benefit from a defined approval and revocation framework for lined, monitored units.

Who Bears the Burden and How

EPA coal ash regulators must handle applications in nonparticipating states and publish annual state-by-state reports. State environmental agencies must review applications, issue denials with reasons, monitor compliance, provide data to EPA, and revoke noncompliant designations. Coal ash unit owners must measure volumes, prepare management plans, meet 25 percent removal or contract targets, and keep units lined and groundwater-monitored. Communities near coal ash units bear risk if delayed closure keeps residuals in place for several more years. States with stricter closure mandates lose authority to enforce conflicting rules against compliant beneficial-use staging units.

Key Provisions

• Creates beneficial-use staging-unit applications for coal combustion residuals units.
• Requires lined units, groundwater monitoring, regulatory compliance, volume measurements, removal schedules, and beneficial-use management plans.
• Requires at least 25 percent removal or contracted removal within 5/7 years for smaller units and 10/12 years for larger units.
• Blocks new coal ash receipts while allowing compliant units to avoid earlier closure deadlines.
• Requires EPA annual reports and preempts conflicting state or local closure mandates.