House Passes Bill to Avert EPA Regulation of Coal Ash
The U.S. House of Representatives July 25
passed in a bipartisan vote of 265-155 to pass the Coal Residuals Reuse and
Management Act (H.R. 2218), which would establish a baseline for coal
combustion residuals (CCR) disposal while maximizing flexibility for individual
states.
In a letter sent to all members of the House,
ABC expressed support for the bill because it would help Congress reclaim some
of the regulatory authority that has been usurped in recent years by the
Environmental Protection Agency (EPA).
In particular, ABC expressed concern that a
proposed EPA regulation could lead to the labeling of CCRs as hazardous waste,
which would virtually eliminate the construction industry’s ability to use them
in many building materials.
The construction industry is the primary end
user of CCRs. More than 40 percent of all CCR output is converted into
high-quality building materials, such as concrete, asphalt, brick and
wallboard. If CCRs are no longer available, manufacturers and builders would be
forced to turn to more expensive and, incidentally, lower quality components,
raising project costs.
“Ultimately, labeling CCRs as hazardous waste
would translate into fewer projects, substantial decreases in revenue and, most
importantly, massive job loss,” ABC wrote in the letter.
In addition to establishing a baseline for CCR
disposal, H.R. 2218 would allow states with existing programs governing CCR
disposal to continue to operate the programs while maintaining beneficial reuse
programs. The bill also incorporates a fail-safe provision that allows EPA to
assist states that are unable or unwilling to meet baseline standards.
(From ABC)
Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602
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