Coal Ash Bill Extends Storage Timelines Up to 12 Years, Blocks Stricter State Closure Rules

The “Coal Ash for American Infrastructure Act” introduces a new temporary status for facilities storing coal combustion residuals (CCR)—that’s coal ash, the byproduct of burning coal. Essentially, it creates a special category called a “beneficial use staging unit.” This designation allows coal ash operators to pause the clock on closure deadlines, provided they commit to eventually removing the ash for reuse in things like concrete or road materials.

The Long Game: New Timelines for Old Ash

This bill is all about creating a runway for reusing coal ash. If an operator wants this staging unit designation, they have to apply to the EPA or their state and provide a detailed plan for removal and reuse. Crucially, the unit must already meet strict federal standards for lining and groundwater monitoring. Once approved, the ash storage unit gets a set window to remove the CCR for beneficial use.

These timelines vary based on volume, giving operators a significant extension. If a facility stores less than 1.5 million cubic yards, they must remove 25% of the ash within seven years of designation. For larger facilities—those storing 1.5 million cubic yards or more—that 25% removal deadline stretches out to 12 years. Think of it as a conditional extension on a hazardous waste cleanup, giving operators years to find a market for the material. The bill makes it clear: once designated, you can’t add any new ash to the unit.

Where the Rubber Meets the Road (and the State Line)

Here’s the provision that will make local regulators pay attention: the Federal Preemption clause. If a staging unit is following the new federal removal schedule and meeting all the technical requirements, the bill explicitly prevents state or local governments from imposing any laws or regulations that conflict with this federal timeline. In plain English, if a state or county wanted to force a coal ash pond to close and start remediation in five years because of local environmental concerns, this federal law could block them if the facility has a staging unit designation that grants them 7 or 12 years.

For communities living near these ash ponds, this means that even if local officials believe a stricter, faster cleanup schedule is necessary for public health, their hands could be tied by this federal designation. While the units must still comply with existing lining and groundwater monitoring rules—which is a good thing—the bill prioritizes the long-term potential for reuse over state-level authority to mandate quicker cleanup.

The Upside: Incentivizing Reuse

The goal here is to promote the reuse of coal ash, which is currently a massive waste problem. By creating a regulatory path and providing clear, long timelines, the bill incentivizes utilities to invest in the infrastructure needed to process and market the ash, potentially turning a waste liability into a valuable construction material. To ensure accountability, the EPA will be required to publish an annual report tracking exactly how much ash is stored in these units and how much is actually removed for beneficial use. If an operator fails to meet the removal schedule, they lose the designation and cannot get it back, which is the bill’s main enforcement mechanism.

Ultimately, this legislation offers regulatory stability for utility companies and a push toward recycling a huge volume of industrial waste. However, it trades that stability for a reduction in state and local control over the speed of environmental remediation, which could be a significant concern for communities already burdened by the proximity of coal ash storage.