US House passes 'Stop the War on Coal Act' aimed at US EPA

Washington (Platts)--21Sep2012/254 pm EDT/1854 GMT

The US House of Representatives approved legislation Friday intended to protect the coal industry and jobs by reining in federal environmental laws, drawing swift reaction from environmental groups and political opponents.

Prior to the vote, the White House had indicated Thursday that it would veto the "Stop the War on Coal Act," which has little chance of passing the Democrat-controlled Senate. The bill was approved by a House vote of 233-175.

House Republicans said the bill is meant to protect coal-fired plants, the economy and the coal mining industry from what they say is severe regulatory overreach by the Environmental Protection Agency and an attack on jobs by President Barack Obama.

Kentucky Republican Representative Ed Whitfield, chairman of the House Subcommittee on Energy and Power, said Friday in a statement: "The EPA's outright assault on coal is having a destructive effect on our economy, and we will likely see more and more coal-fired power plants closed and more mining operations shut down due to EPA's outrageous expansion of regulations.

"At a time of high unemployment rates, President Obama and his EPA should be working with coal states to create and retain jobs, rather than thwarting economic growth and causing miners to lose their jobs. Implementing this legislation will preserve jobs and help our struggling economy."

But Massachusetts Democrat Representative Edward Markey hammered the legislation in a Friday statement, calling it "a set of reckless and radical bills that would endanger millions of Americans around the country," and a "war on public health." Markey criticized provisions aimed at hindering clean air regulations, carbon releases, stream protections and federal regulation of coal waste disposal sites.

Republicans rejected a Markey amendment that would have set a 25% renewable energy standard by 2035, and another that would have allowed EPA to take any action using its authority under the Clean Air Act if such action would increase North American energy independence by reducing demand for oil.

HR 3409, introduced by Ohio Republican Representative Bill Johnson, rolls together five measures and would prevent the Department of Interior from issuing regulations that would hurt US coal industry employment or result in reduced government revenues from coal production.

The legislation also creates an interagency committee to review federal clean air regulations and limits federal regulatory oversight of state-level permitting of coal waste retention facilities. It also amends existing federal water pollution laws to transfer authority from the EPA to the states, and bars EPA from regulating greenhouse gas emissions to address climate change.

Included in the legislation is the Coal Miner Employment and Domestic Energy Infrastructure Protection Act (HR 3409) that would prohibit the Secretary of the Interior from issuing new rules or regulations that would negatively affect coal mining. Johnson introduced the bill mainly to block the Office of Surface Mining from moving forward with its development of a new Stream Protection Rule.

The legislation also includes the Clean Water Cooperative Federalism Act of 2011 (HR 2018), which would restrict the Environmental Protection Agency's ability to veto a US Army Corps of Engineers Clean Water Act Section 404 permit unless the state concurs. The bill followed EPA's revocation of a Section 404 permit issued to Arch Coal's Spruce No. 1 mine in Logan County, West Virginia.

Also included in the legislative package: The Energy Tax Prevention Act (HR 910) to block greenhouse gas regulations, the Transparency in Regulatory Analysis of Impacts on the Nation Act (HR 2401) requiring an interagency committee to determine the cumulative economic impacts of EPA's power plant regulations, and a revised version of the Coal Residuals Reuse and Management Act (HR 2272) that counters EPA's efforts to regulate coal ash.

Sierra Club Executive Director Michael Brune in a Friday statement said "Republicans in the House of Representatives today launched yet another contemptible assault on Americans' health and well-being. In a sweeping, scorched-earth campaign, they are seeking to lay waste to numerous public health protections critical to ensuring that American families have safe air and clean water."

Oklahoma Republican Senator James Inhofe in a Friday statement chastised the Senate for "stalling and inaction."

"I applaud the bipartisan House passage of the 'Stop the War on Coal Act,'" Inhofe said in a statement. "Over the past four years we have witnessed an unrelenting attack by the Obama administration on American energy production -- one that has resulted in lost jobs, higher energy prices, and lessened energy security."

--Jason Fordney, jason_fordney@platts.com --Edited by Jason Lindquist, jason_lindquist@platts.com

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