McKinley Introduces Coal Ash Legislation with Bipartisan, Cross-Industry Support
Apr 7, 2011 Issues: Economy and Jobs, Energy
McKinley Introduces Coal Ash Legislation with Bipartisan, Cross-Industry Support
Freshman lawmaker aims to strip EPA power to regulate coal ash as hazardous
Washington, DC – Rep. David B. McKinley, P.E. (R-WV) introduced legislation (H.R. 1391) late Wednesday evening that would prohibit the EPA from moving forward with plans to classify fossil fuel combustion waste, also known as coal ash or fly ash, as a hazardous waste under subtitle C of the Solid Waste Disposal Act. Regulating coal ash, which is recycled into dry wall and concrete and widely used in schools, homes and public buildings such as the one housing EPA itself, as a hazardous waste would trigger a large increase in disposal expenses for coal-fired power plants and other coal ash generators, likely increasing energy costs for manufacturers and consumers.
Ten Republicans on the House Energy and Commerce Committee – including Energy and Power Subcommittee Chairman Ed Whitfield (R-KY) and Rep. Joe Barton (R-TX), Chairman Emeritus and senior Republican on the committee – and three Democrats signed on as original co-sponsors of H.R. 1391. West Virginia Rep. Nick Rahall is one of those Democrats, and Reps. Shelley Moore Capito (R-WV) and Bob Gibbs of southeast Ohio are also among the original co-sponsors.
A broad cross-section of companies and organizations representing various industries have also endorsed the bill (see below).
In a floor speech Thursday, McKinley discussed the economic harm that would be caused if the EPA’s plans on coal ash are not stopped. For video of McKinley’s speech as delivered, click here.
“Fly ash is an unavoidable byproduct of burning coal to produce electricity, and the EPA has repeatedly studied and approved its beneficial use prior to President Obama,” McKinley said. “Not only would the EPA’s plan reduce demand for coal – by design to be sure – but it would also increase costs for dozens of industries, having a ripple effect that would ultimately destroy jobs and raise electricity prices. Recycled fly ash helps to keep electric generation costs down which in turn keeps electricity affordable for consumers. If the EPA persists with its plans to designate fly ash as a hazardous material, the expense of handling the material will increase logarithmically and so will our energy prices. Why would this administration want to increase the cost of electricity on our senior citizens, hospitals, schools and working families? By increasing the cost of power, it causes the price of producing American-made products to increase and puts America at a severe disadvantage against our foreign competition. President Obama’s relentless ‘War on Coal’ has now expanded to include the many industries and consumers that depend on coal. It’s critical that we stop the EPA now, and that’s why I’m proud to introduce this bill with bipartisan support.”
McKinley’s legislation has been referred to the Energy and Commerce Committee. The bill is similar to one of McKinley’s amendments, #217, to the long-term continuing resolution passed by the House in February. The amendment overwhelmingly passed the House, with 19 Democrats in support.
Organizations and companies supporting McKinley’s legislation include:  
American Coal Ash Association
AEP
First Energy
Allegheny Power
National Rural Electric Cooperative Association
National Mining Association
American Public Power
American Municipal Power
American Road & Transportation Builders Association
Citizens for Recycling First
National Ready Mixed Concrete Association
Ash Grove Resources
ASK Chemicals
Beneficial Reuse Management
Boral Material Technologies
CERATECH, Inc.
Charah, Inc.
Clayton Engineering and Consulting, LLC
DC Goss LLC
Electric Energy, Inc
Essex Cement LLC
Full Circle Solutions
Gypsoil, LLC
Headwaters Resources
Intermountain Power Agency
John Ward Inc.
LB Industrial Systems
Muscatine Power & Water
National Gypsum Company
Phoenix Cement Company
PMI Ash Technologies
Public Service of New Hampshire
Richard W. Goodwin Environmental Engineering
Rosenmerkel Engineering
SEFA Group
Separation Technologies LLC
Southern Illinois Power Cooperative
Sphere One, Inc.
Taulbee Chemical Consulting, LLC
Titan America LLC
USC Technologies
U.S. Minerals, Inc.