Coal Ash for American Infrastructure Act
Sponsored By: Representative Barr
Introduced
Summary
This bill would create a new framework called beneficial use staging units for coal combustion residuals (CCRs) to let owners designate certain impoundments and landfills for staged removal and reuse. It sets eligibility rules, removal targets and timelines, reporting requirements, and federal preemption of conflicting state closure rules.
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- Owners and operators can apply to a participating State or the EPA with an attestation, a cubic-yard volume and a plan for removing CCRs and finding markets for reuse.
- Designated units may not receive additional CCRs and must remove or contract to remove at least 25% of stored material; the law uses size-based deadlines for removal for units under or over 1.5 million cubic yards.
- States with approved permit programs or the EPA would review applications and may deny or revoke designations; denials must state reasons and the EPA must publish a report by March 1, 2026 and annually thereafter on volumes removed and revocations.
- Units that meet the subsection’s criteria are treated as sanitary landfills and must meet federal liner and groundwater-monitoring standards, and the statute bars state or local laws that conflict with these rules including earlier closure mandates.
- Applications must include any plan to recover critical minerals as defined in the Energy Act of 2020 and identify markets for the reused CCRs, encouraging material recovery and reuse.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 1 benefits, 0 costs, 1 mixed.
Limits on early closure of coal ash units
If enacted, a compliant coal ash reuse unit would be treated like a sanitary landfill under federal law. States and localities could not enforce rules that conflict with these federal reuse rules, including forcing an earlier closure while the unit is in compliance. The unit would not have to close earlier than its federal reuse schedule.
New coal ash reuse rules and deadlines
If enacted, coal plant owners could apply to a state or EPA to label a coal ash pond or landfill for reuse. The application would need the ash volume in cubic yards, a reuse plan and schedule, any critical mineral plan, markets, and a promise to meet removal rules. Approval would only be allowed if the unit has proper liners, groundwater monitoring, and meets other rules. The unit could not take more ash after approval. Owners would have to remove or contract to remove at least 25% of the stored ash for reuse. If the unit holds under 1.5 million cubic yards, that 25% would be due by the earlier of 5 years after removal starts or 7 years after designation; if 1.5 million cubic yards or more, by the earlier of 10 years after removal starts or 12 years after designation. A state or EPA could revoke the status if lining, monitoring, or other rules are not kept, and a unit could not be re-designated if it failed the removal requirement.
Sponsors & CoSponsors
Sponsor
Barr
KY • R
Cosponsors
Rep. Mackenzie, Ryan [R-PA-7]
PA • R
Sponsored 2/24/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov