House members press EPA on coal ash rule

Thirty-one members of the House Energy and Commerce Committee on Thursday warned EPA against regulating a common byproduct of coal-fired power plants — called coal combustion residuals (CCRs) or coal ash — as a hazardous waste.

A letter to EPA from a mix of Republicans and centrist Democrats — led by Reps. Rick Boucher (D-Va.) and Fred Upton (R-Mich.) — comes amid similar political pressure from some senators.

EPA is mulling multiple options for regulating the materials under the Resource Conservation and Recovery Act. The letter attacks the prospect of regulating the materials under the law’s hazardous waste title, Subtitle C.

“We continue to believe that EPA should follow its final 2000 Regulatory Determination in which the Agency determined that regulation of CCRs under Subtitle C of RCRA is not warranted. In that determination, EPA determined that rules under Subtitle D of RCRA for CCRs could be fully protective of human health and the environment,” the letter states.

“We have a number of serious concerns about the effects of the proposed reversal of these longstanding findings. As our economy struggles to rebound, we have grave concerns that this proposal could destroy jobs and increase electricity rates,” it adds.

The lawmakers argue hazardous waste rules would deal a “crippling blow” to the market for using the materials in roads and construction, despite agency efforts to allow continued recycling.