Manuel Quinones, E&E reporter
Published: Friday, October 21, 2011
Senate Democrats Kent Conrad of North Dakota, Joe Manchin of West Virginia and Ben Nelson of Nebraska are hoping to convince their chamber's leadership to support legislation to block U.S. EPA from regulating coal ash as a hazardous substance.
Yesterday they joined Republicans John Hoeven of North Dakota, Mike Enzi of Wyoming, Rob Portman of Ohio and John Boozman of Arkansas in introducing the Senate companion to H.R. 2273, which passed in the House last week. The measures take a "states-first" approach, meaning they give states broad regulatory authority over the disposal of power plant combustion waste.
"It ensures good environmental stewardship, while helping to preserve jobs and ensure that a beneficial product is made available for worthy uses," Hoeven said in a statement. "Just as importantly, it ensures that Congress and the states hold the reins of environmental policy."
Bill supporters say a hazardous designation would have a damaging effect to coal ash recycling efforts. They say the prospect of one is already stigmatizing the material, often used in roads and other construction. During a speech on the Senate floor, Hoeven touted major projects back home that included coal ash.
The legislation is a top industry priority, faced with tougher EPA oversight. Lawmakers carrying the torch in the Senate hail from major coal producing or consuming states. Hoeven and Conrad, the main sponsors, come from a state where nearly all the electricity is produced by coal-fired power plants, according to the Energy Information Administration.
"Years of research have shown that coal ash should not be regulated as a hazardous waste," Conrad said in a statement. "Doing so would only force unworkable requirements on our state's utilities, resulting in serious economic consequences and the loss of good-paying jobs."
Environmental advocates and Senate liberals have been trying to turn the jobs argument on its head, saying strong regulation is an economic booster. They are vowing to fight the bill saying it lacks enough strength to prevent water contamination and potential disaster, like an ash dump break in eastern Tennessee in 2008. The White House has also expressed opposition to the bill but fell short of issuing a veto threat.
State regulators generally support keeping oversight of coal ash and are pressing for passage of legislation to effectively set aside EPA rulemaking. Environmentalists, however, have released reports saying states like North Dakota have been lax in regulating coal ash, leading to numerous cases of contamination (E&ENews PM, Aug. 17).
Earthjustice attorney Lisa Evans, who has been fighting the legislation, pointed out newly released inspection data from EPA showing that three North Dakota coal ash ponds garnered poor ratings. EPA has been conducting integrity tests at sites across the country.
"It is beyond irresponsible for the senators to offer a bill that fails to cure the safety problems facing their own state," Evans said in a statement. "And it is with great disregard of their civic responsibility that they support a bill that places the citizens of other states at great peril."
Senators who introduced the legislation say it will give industry regulatory certainty and states clarity in the regulatory process through minimum federal benchmarks.
"This bill paves the way for states to manage coal ash in a safe, effective manner," Enzi said in a statement. "It is a serious legislative effort that takes a unique approach to fixing a problem that industry and the states want to address."
Click here to read the new Senate bill.
http://www.eenews.net/EEDaily/print/2011/10/21/7
Alex Taurel
Legislative Representative
League of Conservation Voters
(o) 202-454-4606
(c) 202-669-1199