House Committee Approves AGC-Endorsed Coal Ash Bill

This week, the House Energy and Commerce Committee voted 31-16 to approve H.R. 2218, the “Coal Residuals Reuse and Management Act of 2013,” which was sponsored by Rep. David McKinley (R-W.Va.) and a bipartisan group of representatives. The legislation would prevent the U.S. Environmental Protection Agency (EPA) from regulating coal ash (including fly-ash) as a “hazardous” substance. The legislation would give states broad powers to regulate the disposal of waste from coal combustion as long as they follow minimum federal standards. Earlier this week, AGC sent a letter to the committee urging that the legislation be adopted. EPA began its work on a rule to regulate the disposal of coal ash following a December 2008 spill from an impoundment at a Tennessee Valley Authority (TVA) facility in Kingston, Tenn.  The containment failure released approximately a billion gallons of coal ash sludge into the adjoining rivers and neighborhood and put a national spotlight on impoundment and disposal practices. AGC has been working to keep EPA from taking action to deem fly-ash as hazardous. AGC submitted comments urging EPA to weigh the potential impacts of its regulatory options on the beneficial use of these materials and take into consideration the real environmental benefits of reusing these materials, as well as the lack of negative reports (i.e., alleged or proven damage cases) associated with the beneficial use of fly-ash in many construction applications including concrete and wallboard. AGC urged EPA to either rely on state requirements or establish non-hazardous waste requirements that protect the beneficial use of fly-ash in construction. AGC will continue to work to garner support for the McKinley legislation and will push for the Senate version as well. For more information, please contact Brian Deery (703) 837-5319 or deeryb@agc.org.