WASHINGTON, DC - The House Energy and Commerce Committee today released a new policy paper highlighting the committee’s innovative solution to manage the disposal of coal ash through state and federal partnerships. Spearheaded by Rep. David McKinley (R-WV), H.R. 2218, the Coal Residuals Reuse and Management Act, provides an alternative to top-down or ill-fitting approaches currently available to the Environmental Protection Agency which could threaten jobs and economic growth or provide less effective tools for environmental management. Coal ash is recycled and widely used in construction products such as cement and drywall, but regulating coal ash as a hazardous waste would threaten this beneficial use and put hundreds of thousands of jobs in jeopardy. A broad coalition of American workers, job creators, and other stakeholders strongly support McKinley’s legislation.
EPA faces a genuine dilemma: create an enforceable permit program for coal ash under Subtitle C of the Solid Waste Disposal Act and thereby designate coal ash as a hazardous waste, or issue self-implementing standards for managing coal ash under Subtitle D and leave enforcement to citizen suits and litigation. The House-passed legislation provides a solution to EPA’s quandary and creates a new model for environmental regulation, establishing strict federal standards for managing coal ash but allowing the states to implement the standards. This localized approach provides for greater environmental protections while allowing for more regulatory flexibility. Under a consent decree, EPA is ordered to take final action on a coal ash rule by Dec. 19, 2014.
The report notes, “What makes the coal ash legislation different from other environmental laws is that the standards are set and voted on by the democratically elected representatives of the people - members of Congress. Then the program is turned over to state officials to make all the day-to-day decisions such as whether and when to issue permits, how to do site inspections, how and when to issue permits, and how to enforce the regulatory program. Every state has an agency experienced in implementing the SWDA, and each of those agencies knows the distinct needs of its own state, and has ongoing local relationships with the community. The direct accountability that comes from this closeness to the people served accounts for the program’s success. Meanwhile, the states do not need to constantly look over their shoulders for the next regulatory change - imposed by an agency in Washington, DC."
“With a court-mandated deadline on the horizon, EPA still has no good options to regulate coal ash and our bill provides a way out of this sticky situation by creating an enforceable permit program under Subtitle D. By allowing states to use their regulatory expertise and build off of successful environmental programs, we can achieve the protections we need without destroying jobs," said Environment and the Economy Subcommittee Chairman John Shimkus (R-IL).
“Washington doesn’t always know best, and Rep. McKinley’s coal ash bill recognizes the important role states play in protecting the environment and their citizens. This revolutionary approach to environmental protection provides a necessary solution to a pressing problem, but also provides a new framework for federal-state partnerships to address other complex regulatory issues," said House Energy and Commerce Committee Chairman Fred Upton (R-MI).
McKinley added, “Our coal ash proposal is a commonsense plan that provides a path forward to improve environmental protection in a way that preserves hundreds of thousands of jobs. Countless hours of work have been poured into this groundbreaking proposal over the past four years during consultation with states, stakeholders, and the EPA to come up with a workable bipartisan solution. As a result of that work, our plan has passed the House with strong bipartisan support multiple times. The EPA should recognize that H.R. 2218 is the best and only viable option for coal ash regulation and work with Congress to enact it as soon as possible."
The report concludes, “H.R. 2218, the Coal Residuals Reuse and Management Act, delivers an innovative solution to a complex problem. It allows states and the federal government to work together to achieve important environmental protections and provides the flexibility needed to protect local economies. Enactment of this legislation would satisfy all federal regulatory requirements but empower the states to implement programs in a way that is best suited to fit the needs of a community. It is a win-win for both the environment and the economy and for EPA and the states, and it should serve as a model to solve future environmental challenges."
