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).