Coal ash vote is set for today

Jul 22 - McClatchy-Tribune Content Agency, LLC - Daniel Tyson The Register-Herald, Beckley, W.Va.

The U.S. House of Representatives is scheduled to vote today on a coal ash bill that, among other things, will allow states to establish permit programs instead of the federal government.

The bill, H.R. 1734, introduced by Rep. David McKinley, R-W.Va., is the template for legislation co-sponsored and introduced by Sen. Joe Manchin, D-W.Va., late last week.

During a conference call with reporters Tuesday, McKinley said the bill is somewhat of an insurance policy for states against the Environmental Protection Administration.

When the EPA issued final rules in December that coal ash is not a hazardous substance, the agency's language was ambiguous at best. McKinley praised the agency for listening to years of scientific research in reaching its conclusion, but said it allows for retroactive enforcement and sets states up for lawsuits.

The bill being voted on today would strengthen the final rules by:

--Allowing the state to establish permit programs that directly incorporate the technical requirements in the final rules

--Ensure that states implement regulatory requirements that are at least as stringent as the minimum requirements in the bill

--Provide EPA with the authority to review state programs at any time and to take back a permit program that isn't meeting the minimum requirements

--Authorize the EPA to implement a permit program where a state chooses not to or where a state has failed to implement the requirements adequately

McKinley said passing the bill will give about 316,000 workers a sense of job security. He explained everything from bricks to concrete tiles to drywall use coal ash.

"Every yard of concrete has coal ash in it," he said. This fact is vital, given that millions of yards of concrete is used annually to build highways.

Without coal ash, he said the cost of highway construction would "skyrocket."

McKinley said his bill is solid, but doesn't want to guess what will happen in the Senate, where legislation is backing up.

However, one encouraging sign, he said, is the White House has not issued a veto threat and administration officials have been very cordial toward the bill.

-- E-mail: dtyson@

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