‘‘(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 Adminis-
trator, an application to designate the coal com-
bustion residuals unit as a beneficial use stag-
ing 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 appli-
cable 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— 
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‘‘(I) the volume of coal combus-
tion residuals to be removed from the 
coal combustion residuals unit for 
beneficial use; 
‘‘(II) the schedule for such re-
moval; 
‘‘(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 appli-
cation submitted under paragraph (1) and des-
ignate the coal combustion residuals unit as a 
beneficial use staging unit if such coal combus-
tion residuals unit— 
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‘‘(i) is a surface impoundment or 
landfill; 
‘‘(ii) is lined in accordance with sec-
tion 257.70, 257.71, or 257.72 of title 40, 
Code of Federal Regulations (or any suc-
cessor regulations), or a State standard es-
tablished pursuant to a State permit pro-
gram or other system that is at least as 
protective as the criteria under any such 
section that applies to the surface im-
poundment or landfill; 
‘‘(iii) satisfies the groundwater moni-
toring requirements under sections 257.90 
through 257.98 of title 40, Code of Fed-
eral Regulations (or any successor regula-
tions), or a State standard established pur-
suant 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 Fed-
eral 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 
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approval and conditions that is approved under 
subsection (d)(1)(B), or the Administrator, de-
nies an application submitted under paragraph 
(1), such State or the Administrator, respec-
tively, shall notify the applicant of the reason 
for such denial. 
‘‘(3) LENGTH
OF
DESIGNATION; 
MULTIPLE 
DESIGNATIONS.— 
‘‘(A) LENGTH OF DESIGNATION.—A des-
ignation 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 ben-
eficial 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 bene-
ficial use staging unit under paragraph (2) 
may not be subsequently so designated if 
the owner or operator of such unit fails, 
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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 mil-
lion cubic yards or more of coal combustion re-
siduals, 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 
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‘‘(ii) the date that is 12 years after 
the applicable designation date. 
‘‘(5) PROHIBITION ON ADDITION OF COAL COM-
BUSTION 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 sub-
section (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 Reg-
ulations (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 com-
bustion 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 des-
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ignated in a nonparticipating State, the Adminis-
trator, may issue a revocation of such designation 
for failure of the beneficial use staging unit to main-
tain 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 Adminis-
trator shall publish a report, broken down by 
State and year, that includes— 
‘‘(i) for each beneficial use staging 
unit, the volume of coal combustion residu-
als 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 informa-
tion necessary for the Administrator to publish 
the report under subparagraph (A). 
‘‘(9) FEDERAL PREEMPTION.—A State, or po-
litical subdivision thereof, may not establish, main-
tain, or enforce any State law, regulation, or execu-
tive order that conflicts with this subsection, includ-
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ing 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 re-
voked under paragraph (7). 
‘‘(B) DESIGNATION DATE.—The term ‘des-
ignation 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).’’. 
Æ 
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