McKinley tries again on coal ash billJun 5 - McClatchy-Tribune Regional News - David Beard The Dominion Post, Morgantown, W.Va.
Rep. David McKinley, R-W.Va., re-introduced his coal ash legislation -- with some upgrades -- in the House of Representatives. He introduced HR 2218, the Coal Residuals Reuse and Management Act, on Monday. It is before the House Committee on Energy and Commerce, of which McKinley is a member. The bill's 35 co-sponsors include 25 Republicans and 10 Democrats. McKinley's West Virginia colleagues, Republican Shelley Moore Capito and Democrat Nick Rahall, are co-sponsors, as they were on the previous legislation. The U.S. Environmental Protection Agency (EPA) wants to classify coal ash -- a byproduct of coal-burning that is used as an additive to concrete and drywall, and used to mitigate acid drainage from surface mines -- as a hazardous waste. In response, during the previous Congress McKinley sponsored HR 2273, the Coal Residuals Reuse and Management Act, to enable states to adopt and run permit programs to manage and dispose of coal ash and other fossil fuel combustion products. It passed the House but died in the Senate, leading McKinley to offer it as an amendment to the House transportation bill. Sens. Jay Rockefeller and Joe Manchin, both D-W.Va., had co-sponsored the identically named S 1751, which died in committee. Rockefeller served on the transportation bill conference committee and opposed McKinley's amendment as a bill-killer. The transportation bill passed without the coal ash amendment. McKinley was unavailable for comment Tuesday, but said in a release, "Currently, coal-fired power plants in 48 states create coal ash every day, but there are no federal standards for safe disposal of the material. One approach would designate coal ash as a hazardous material, which would prevent its use in everyday products and ultimately cost 316,000 jobs. Our approach sets minimum standards and gives the states flexibility to implement a disposal program that protects the environment and jobs. This is a common sense solution with bipartisan support whose time has come." The Energy Committee sent a release Tuesday touting and explaining the new bill. Environment and the Economy Subcommittee chairman John Shimkus, R-Ill., said, "We took this approach because we know the states are better equipped to understand local needs and to issue and enforce permits. We worked hard last Congress to build bipartisan and bicameral support for this approach, and I believe this new and improved legislation has everything we need to get a bill signed into law." According to the committee, HR 2218: Provides minimum federal standards but allows states to craft a permit program that works for the state. Does not provide new rule-making authority for EPA for coal ash. Requires the EPA to defer to the states with respect to regu- lation of coal ash. Allows states to protect human health and the environment by adapting an existing solid-waste regulatory program to coal ash. HR 2218 also wraps in some provisions from a similar Senate bill from last Congress, S.3512, the Coal Ash Recycling and Oversight Act of 2012, co-sponsored by Manchin but not Rockefeller. It: Requires installation of groundwater monitoring at all structures that receive coal ash on or after the date of enactment within one year after a state certifies a permit program. Requires deadlines for certain surface impoundments to meet a groundwater protection standard or be closed. Improves the structural stability and dam safety requirements by requiring an engineer's certification and annual inspection. It makes explicit the criteria by which EPA can assess whether a state permit program is deficient, and requires an emergency action plan be prepared for high hazard structures and requires that if a potentially hazardous condition is identified, that immediate action be taken to mitigate the condition. The Sierra Club West Virginia chapter opposed the previous bills and remains opposed. Executive Committee chairman Jim Sconyers said, "What Mr. McKinley wants is for coal ash to be unregulated. We know what kind of an issue it is here in West Virginia. ... It needs sensible regulation." Coal ash is toxic and contaminates groundwater, Sconyers said. Letting the state regulate it is misguided. "Our state is not very good about creating or enforcing regulations to protect the citizens' health or the environment. McKinley is trying to serve the interests of the coal and electric power industries instead of his constituents." http://www.energycentral.com/functional/news/news_detail.cfm?did=28843300 |