House Coal Ash Bill Is a Threat to Public Health

The House passed by a vote of 267-144 the Coal Residuals Reuse and Management Act (H.R. 2273), which would require the U.S. Environmental Protection Agency (EPA) to defer to states with respect to the regulation of coal combustion residuals, or coal ash, and limit federal oversight. The problem with leaving the regulation of coal ash to the states is that most do not have standards in place to protect against the dangers of uncontrolled coal ash, according to an August report from Earthjustice and the Appalachian Mountain Advocates.

Coal ash is a byproduct of coal combustion and can contain arsenic, lead, chromium, and other heavy metals. The toxins in coal ash can leach from landfills and surface impoundments into rivers, lakes, and streams. New calls for regulation of coal ash began in 2008 after an impoundment in Kingston, TN, failed, releasing 5.4 million cubic yards of coal ash that buried a community and severely contaminated a nearby river.

EPA proposed two options for regulating coal ash in 2010. The first option would designate coal ash as a hazardous waste, requiring special handling, transportation, and disposal, and would closely monitor any potential reuse. The second would regulate coal ash in a way used to control less toxic wastes such as household garbage – an option that would limit EPA's responsibility and authority over coal ash management.

The Coal Residuals Reuse and Management Act would take the decision out of scientists' hands and prevent EPA from regulating coal ash as a hazardous waste while failing to ensure that coal ash is adequately regulated by the states. EPA conducted a technical analysis of the legislation at the request of Rep. Henry Waxman (D-CA), ranking member of the Energy & Commerce Committee. The completed analysis has raised concerns from Democratic staff that the bill does not establish any legal standard for state programs, authorize meaningful review of state programs, or ensure other appropriate criteria for the disposal of coal ash. According to the staff, H.R. 2273 “has not been the subject of any Committee hearing and the final text was made available only moments before it was to be reported out of Committee.” These concerns were echoed during the floor debate preceding the bill’s passage. Rep. James Moran (D-VA) said that the bill would create “a patchwork of compliance.”

Environmental and public interest advocates argue that the bill circumvents the public participation process and serves special interests to the detriment of public health and the environment. Reacting to the vote, Earthjustice condemned the House for putting “the interests of corporate polluters ahead of the American public.”

Update: Sens. John Hoeven (R-ND) and Kent Conrad (D-ND) have introduced a companion bill identical to H.R. 2273. The senators are supporting a bill that would undermine federal efforts to ensure proper disposal of coal ash despite the fact that coal ash ponds in their state receive "poor" ratings, according to an Earthjustice press release.

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