“To amend the Solid Waste Disposal Act to establish a framework for the beneficial use of coal combustion residuals, and for other purposes.”
No CRS summary available for this bill.
This section establishes beneficial use staging units for existing coal combustion residuals (CCR) surface impoundments or landfills (i.e., wastes from coal-fired power plants regulated as non-hazardous solid waste under RCRA subtitle D). (As background, such units previously faced potential classification as open dumps prohibited under subsection (a) unless upgraded or closed, with EPA closure requirements at 40 CFR 257.102(e)(2) applying after ceasing CCR additions.) Owners or operators may apply to an approved state permit program or EPA (in nonparticipating states) for designation, including an attestation of compliance, stored volume in cubic yards, and a management plan for removal volumes, schedule, critical mineral recovery, and markets. Approval requires lining (per 40 CFR 257.70-72 or equivalent), groundwater monitoring (per 40 CFR 257.90-98 or equivalent), and regulatory compliance; designations expire upon required removal and allow multiple approvals except after noncompliance. Designated units must remove or contract for removal of at least 25% of stored CCR—(1) for units under 1.5 million cubic yards, by the earlier of 5 years after removal begins or 7 years after designation; and (2) for units with 1.5 million cubic yards or more, by the earlier of 10 years after removal begins or 12 years after designation. (Thus, compliant units are treated as sanitary landfills exempt from open dump prohibitions and early closure mandates; no new CCR may be added, and states or EPA may revoke for noncompliance.)