,i #aaith ,,congress #ast ,session ,h4 ,r4 #dhge ,,in ,,the ,,house ,,of ,,representatives ,august #e1 #bjbe,mr4 ,barr introduced the following bill2 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 residuals1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,coal ,ash for ,american ,infrastructure ,act4 #b4 ,beneficial use staging units ,section #djje of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fide7 is amended by adding at the end the following3 7e7 ,beneficial use staging units 7#a7 ,application 7,a7 ,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 7d77#a77;,b71 or with respect to a coal combustion residuals unit in a nonparticipating ,state1 to the ,administrator1 an application to designate the coal combustion residuals unit as a beneficial use staging unit under paragraph 7#b74 7,b7 ,contents ,an application under this paragraph shall include-- 7i7 an attestation that the owner or operator of the coal combustion residuals unit will comply1 with respect to such coal combustion residuals unit1 with the applicable beneficial use requirement under paragraph 7#d72 7ii7 a measurement in cubic yards of the volume of coal combustion residuals stored in the coal combustion residuals unit2 and 7iii7 a beneficial use management plan detailing-- 7,i7 the volume of coal combustion residuals to be removed from the coal combustion residuals unit for beneficial use2 7,,ii7 the schedule for such removal2 7,,iii7 any plan for the recovery from such coal combustion residuals of any critical mineral 7as such term is defined in section #gjjb7;a7 of the ,energy ,act of #bjbj72 and 7,,iv7 beneficial use markets for such coal combustion residuals4 7#b7 ,determination 7,a7 ,approval ,a ,state operating a ,state permit program or other system of prior approval and conditions that is approved under subsection 7d77#a77;,b71 or with respect to a coal combustion residuals unit in a nonparticipating ,state1 the ,administrator1 may approve an application submitted under paragraph 7#a7 and designate the coal combustion residuals unit as a beneficial use staging unit if such coal combustion residuals unit-- 7i7 is a surface impoundment or landfill2 7ii7 is lined in accordance with section #beg4gj1 #beg4ga1 or #beg4gb of title #dj1 ,code of ,federal ,regulations 7or any successor regulations71 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 landfill2 7iii7 satisfies the groundwater monitoring requirements under sections #beg4ij through #beg4ih of title #dj1 ,code of ,federal ,regulations 7or any successor regulations71 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 sections2 and 7iv7 is in compliance with any ,federal or ,state regulations that apply with respect to such coal combustion residuals unit4 7,b7 ,denial ,if a ,state operating a ,state permit program or other system of prior approval and conditions that is approved under subsection 7d77#a77;,b71 or the ,administrator1 denies an application submitted under paragraph 7#a71 such ,state or the ,administrator1 respectively1 shall notify the applicant of the reason for such denial4 7#c7 ,length of designation2 multiple designations 7,a7 ,length of designation ,a designation under paragraph 7#b7 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 7#d74 7,b7 ,multiple designations 7i7 ,in general ,a coal combustion residuals unit may be designated as a beneficial use staging unit under paragraph 7#b7 multiple times1 except as provided in clause 7ii74 7ii7 ,limitation ,a coal combustion residuals unit that is designated as a beneficial use staging unit under paragraph 7#b7 may not be subsequently so designated if the owner or operator of such unit fails1 with respect to such unit1 to comply with the applicable beneficial use requirement under paragraph 7#d74 7#d7 ,beneficial use requirement ,the owner or operator of a beneficial use staging unit shall remove from such unit for beneficial use1 or enter into a contract for such removal-- 7,a7 for any such unit that stores fewer than #a4e million cubic yards of coal combustion residuals1 as specified in the application under paragraph 7#a71 at least #be percent of the coal combustion residuals stored in such unit1 by not later than the earlier of-- 7i7 the date that is #e years after such removal begins2 and 7ii7 the date that is #g years after the applicable designation date2 and 7,b7 for any such unit that stores #a4e million cubic yards or more of coal combustion residuals1 as specified in the application under paragraph 7#a71 at least #be percent of the coal combustion residuals stored in such unit1 by not later than the earlier of-- 7i7 the date that is #aj years after such removal begins2 and 7ii7 the date that is #ab years after the applicable designation date4 7#e7 ,prohibition on addition of coal combustion residuals ,a beneficial use staging unit may not receive coal combustion residuals4 7#f7 ,treatment of beneficial use staging units ,a beneficial use staging unit-- 7,a7 shall be considered to be a sanitary landfill for purposes of this ,act1 including subsection 7a71 if the beneficial use staging unit is in compliance with the requirements of this subsection2 and 7,b7 shall not be subject to section #beg4ajb7;e77#b7 of title #dj1 ,code of ,federal ,regulations 7or any successor regulation71 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 7#d74 7#g7 ,revocation of designation ,the ,state that designated a beneficial use staging unit1 or with respect to a beneficial use staging unit designated in a nonparticipating ,state1 the ,administrator1 may issue a revocation of such designation for failure of the beneficial use staging unit to maintain compliance with the requirements of clauses 7ii71 7iii71 and 7iv7 of paragraph 7#b77;,a74 7#h7 ,reports 7,a7 ,in general ,not later than ,march #a1 #bjbf1 and annually thereafter1 the ,administrator shall publish a report1 broken down by ,state and year1 that includes-- 7i7 for each beneficial use staging unit1 the volume of coal combustion residuals stored in such unit and the volume of coal combustion residuals removed from such unit for beneficial use2 and 7ii7 the number of revocations issued under paragraph 7#g74 7,b7 ,state information ,each ,state shall provide to the ,administrator any information necessary for the ,administrator to publish the report under subparagraph 7,a74 7#i7 ,federal preemption ,a ,state1 or political subdivision thereof1 may not establish1 maintain1 or enforce any ,state law1 regulation1 or executive order that conflicts with this subsection1 including any such law1 regulation1 or executive order that mandates the closure of a beneficial use staging unit that is in compliance with the requirements of this subsection4 7#aj7 ,definitions ,in this subsection3 7,a7 ,beneficial use staging unit ,the term beneficial use staging unit means a coal combustion residuals unit designated under paragraph 7#b71 for which such designation has not expired under paragraph 7#d7 or been revoked under paragraph 7#g74 7,b7 ,designation date ,the term designation date means1 with respect to a coal combustion residuals unit1 the date that such unit is designated as a beneficial use staging unit under paragraph 7#b74 7,c7 ,nonparticipating ,state ,the term nonparticipating ,state has the meaning given such term in subsection 7d77#b77;,a74 4