WASHINGTON, DC - The Subcommittee on Environment and the Economy, chaired by John Shimkus (R-IL), today held a hearing to review a draft of the Improving Coal Combustion Residuals Regulation Act of 2015. Rep. David McKinley (R-WV) put forward the discussion draft, which builds on the committee’s bipartisan, bicameral work from the 112th and 113th Congresses and incorporates EPA’s final coal ash rule issued in December. The legislation would eliminate the implementation issues associated with the final rule and give states the necessary enforcement authority to implement the standards set by EPA. Mathy Stanislaus, EPA Assistant Administrator for Solid Waste and Emergency Response, will testify on the draft legislation on March 24, at 2:00 p.m. in room 2123 of the Rayburn House Office Building.
Chairman Shimkus said, “Since our last hearing, we have been working to develop a legislative solution that does two things - takes into account all of the hard work EPA put into developing sound technical standards protective of human health and the environment and second, utilizes the framework developed in previous legislation requiring states to develop enforceable permit programs that will contain minimum federal standards."
“The EPA regulation provides no certainty to those 316,000 hard-working Americans who recycle coal ash. That is simply not acceptable. This legislation, crafted with the help of state environmental and solid waste officials, committee staff, and with input from the EPA, provides closure and certainty," added McKinley.
David Paylor, Director of the Virginia Department of Environmental Quality, testifying on behalf of the Environmental Council of the States (ECOS), praised the draft bill for appropriately addressing the concerns with EPA’s rule while maintaining strong environmental protections. “The draft bill leverages and codifies the extensive technical work in EPA’s final rule, which will enhance impoundment structural integrity provisions, promote transparency, and close environmentally degrading facilities," said Paylor.
“In giving states authority to implement the technical requirements in EPA’s final rule through a CCR permit program, the draft legislation eliminates the situation of dual state and federal regulatory authority," added Michael Forbeck, testifying on behalf of the Association of State and Territorial Solid Waste Management Officials (ASTSWMO). Forbeck also applauded the draft for allowing “flexibility for states to have regionally appropriate state standards for groundwater monitoring and corrective action."
James Roewer, Executive Director of the Utilities Solid Waste Activities Group (USWAG), explained that the draft bill would provide much-needed certainty for utilities and other job creators. “The utility industry will be investing huge capital resources to comply with the rule. The bill will provide regulatory certainty for those investment decisions since compliance will be specified by a regulatory body and spelled out in a permit," said Roewer.
Full committee Chairman Fred Upton (R-MI) concluded, “This bill is good for states like Michigan that rely on coal for electricity. This bill is good for jobs. Let’s continue the momentum and get this bill moving through committee and the House, and through the Senate, so that the president can sign it into law and the issue will be settled once and for all."
