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  4. House Bill to Regulate Coal Ash as Non-Hazardous Fails to Get Wide Support

House Bill to Regulate Coal Ash as Non-Hazardous Fails to Get Wide Support

Date: July 15, 2011

Source: News Room

A House bill to prohibit EPA's regulation of coal ash recently passed through the Energy and Commerce Committee on a 35-12 vote but has failed to garner broad support deemed necessary for its consideration by the Senate. The measure (H.R. 2273) generally allows states with approved municipal solid waste (MSW) programs to implement a permitting program for coal ash under subtitle D of the Resource Conservation & Recovery Act (RCRA), which regulates non-hazardous waste. It also would bar EPA from moving forward with its own coal ash rule. EPA's proposal, issued last July, has drawn strong opposition from industry groups who charge that the option for regulating coal ash as a "special waste" subject to regulation under strict subtitle C requirements of RCRA -- which is usually reserved for regulating "hazardous" waste -- would create a "stigma" on coal ash and lead to a reduction in the beneficial reuse of the material in cement, gypsum and other products. Environmentalists say strict regulation is needed to protect against risk to human health and the environment.

But while the revised bill, offered by Rep. John Shimkus (R-IL), addresses some issues raised by a number of Democrats on the committee, GOP concessions were not enough to gain the support of most Democrats, including Rep. Henry Waxman (D-CA), ranking member on the committee, who said EPA had raised a number of issues with the bill. Waxman said EPA gave committee members an "off-the-cuff evaluation" of the bill on July 13 and followed up with a memo discussing agency concerns.

EPA officials are concerned about circumstances where existing MSW landfill requirements would not be appropriate for regulating coal ash in surface impoundments, including closure of impoundments, design requirements, inspection requirements, and post-closure care requirements.

To learn more about H.R. 2273, visit: thomas.loc.gov/cgi-bin/bdquery/z?d112:h.r.2273:

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