Coal Ash for American Infrastructure Act
- Bill Number
- H.R. 4875
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Environmental Protection
- Status
- Introduced
- Latest Action
- 2025-08-05: Referred to the House Committee on Energy and Commerce.
- Last Updated
- 2026-02-25T09:06:30Z
AI-Generated Summary
Purpose This legislation amends the Solid Waste Disposal Act to create a voluntary framework allowing owners or operators of coal combustion residuals (CCR) units to designate certain units as "beneficial use staging units." The goal is to encourage the removal of stored coal ash for beneficial reuse in infrastructure or other markets, including potential recovery of critical minerals, while providing regulatory protections against earlier closure requirements.
Key Provisions
- Application and Designation Process: Owners or operators may apply to a state with an approved permit program or, in nonparticipating states, to the EPA Administrator. Applications must include an attestation of compliance, volume measurements, and a beneficial use management plan covering removal volumes, schedules, critical mineral recovery, and target markets.
- Eligibility Criteria: Units must be surface impoundments or landfills that are properly lined, meet groundwater monitoring standards, and comply with applicable federal or state rules.
- Beneficial Use Requirements: For units storing less than 1.5 million cubic yards, at least 25% of stored CCR must be removed for beneficial use within 5–7 years. For larger units, the timeline extends to 10–12 years. Multiple designations are allowed unless prior compliance fails.
- Operational Restrictions: Staging units may not receive additional CCR and must comply with sanitary landfill standards if they meet all requirements.
- Protections and Oversight: Compliant units are shielded from certain closure rules under 40 CFR 257.102(e)(2). The EPA must publish annual reports on volumes and revocations. Designations can be revoked for noncompliance with lining, monitoring, or other standards.
- Federal Preemption: States and localities cannot enforce conflicting laws, including those mandating earlier closure of compliant staging units.
Significant Changes to Existing Law The bill adds a new subsection (e) to Section 4005 of the Solid Waste Disposal Act. It introduces a distinct regulatory category for CCR units focused on beneficial use, with specific removal timelines and exemptions from immediate closure obligations that would otherwise apply under existing EPA rules for CCR disposal.
Potential Impacts
- Government Agencies: Expands roles for the EPA and approved state programs in reviewing applications, issuing designations, and producing annual reports. Nonparticipating states fall under direct EPA oversight.
- Citizens and Communities: May affect nearby residents through extended storage periods at designated sites, balanced by requirements for eventual removal and potential use in infrastructure projects.
- International Relations: No direct provisions address international matters.
Main Stakeholders Affected
- Owners and operators of CCR units (primarily coal-fired power plants and related facilities).
- State environmental agencies operating approved permit programs.
- The EPA Administrator.
- Entities involved in beneficial use markets, such as construction or infrastructure developers, and potential critical mineral recovery operations.
Notable Legal, Constitutional, or Political Implications The legislation includes an explicit federal preemption clause that overrides conflicting state or local laws on closure timing for compliant units. Designations are time-limited and revocable, with annual public reporting to support transparency.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (1)
Recent Actions
- 2025-08-05: Referred to the House Committee on Energy and Commerce.
- 2025-08-05: Introduced in House
- 2025-08-05: Introduced in House
Bill Versions
- Coal Ash for American Infrastructure Act — issued 2025-08-05 — PDF (9 pages)