Last Revised: 12/20/2012

Regulation of Coal Combustion Byproducts: Legislation, Comments, Testimony & Letters

The U.S. Environmental Protection Agency (EPA) has proposed federal regulations to govern the disposal of coal ash and other coal combustion residuals (CCRs) under the Resource Conservation and Recovery Act (RCRA). The agency is weighing two options: regulating CCRs as hazardous waste under RCRA Subtitle C, or regulating them as non-hazardous waste under RCRA Subtitle D. EPA is not expected to issue a final rule until sometime in 2012.

With EPA’s rulemaking delayed, Congress is moving to establish a federal regulatory program to ensure the safe management of coal ash. A bill passed by the House Energy and Commerce Committee (H.R. 2273) establishes minimum federal requirements for the management and disposal of coal ash will ensure safety and the protection of human health and the environment. The federal criteria will be administered by states through enforceable permits and by EPA if a state fails to meet the federal baseline.

NEW!
Coal Residuals Reuse and Management Act

Comments on EPA's Proposed Rule

NEW!

American Road & Transportation Builders Association Study on Coal Ash and Road and Bridge Construction Costs
ARTBA Press Release

Veritas Study: EPA's Proposed Coal Ash Regulation Could Lead to As Many As 316, 000 Job Losses

 

Coal Ash Recycling and Oversight Act (CAROA)
S. 3512

The U.S. Environmental Protection Agency (EPA) has proposed federal regulations to govern the disposal of coal ash and other coal combustion residuals (CCRs) under the Resource Conservation and Recovery Act (RCRA). The agency is weighing two options: regulating CCRs as hazardous waste under RCRA Subtitle C, or regulating them as non-hazardous waste under RCRA Subtitle D. EPA is not expected to issue a final rule until late 2012.

With EPA’s rulemaking delayed, Congress is moving to establish a federal regulatory program to ensure the safe management of coal ash.

On October 14, 2011, the House passed H.R. 2273, the Coal Residuals Reuse and Management Act (CRRMA), legislation that would establishe minimum federal requirements for the management and disposal of coal ash that will ensure safety and the protection of human health and the environment. The federal criteria will be administered by states through enforceable permits and by EPA if a state fails to meet the federal baseline.

On October 21, 2011, Senators Conrad (D-ND) and Hoeven (R-ND), with five Democrat and five Republican cosponsors, introduced S 1751, a companion bill to H.R. 2273.

On April 18, 2012, the House adopted by voice vote a McKinley Amendment to attach H.R. 2273, the House-passed Coal Residuals Reuse and Management Act to H.R. 4348, the Surface Transportation Extension Act of 2012, Part II.  During the House-Senate conference on the transportation bill, the coal ash language was revised to attract bipartisan support; ultimately, the compromise coal ash language was not included in the transportation bill conference agreement. 

On August 2, 2012, Senators Conrad (D-ND) and Hoeven (R-ND), along with 11 Democrat and 11 Republican co-sponsors, introduced S. 3512, the Coal Ash Oversight and Recycling Act of 2012 (CAROA); this bill is virtually identical to the bi-partisan CCR legislative package that was considered by Congress for inclusion in the Transportation Bill

Enactment of the CAROA is critical to ensure the proper regulation of CCRs, provide for environmentally-protective disposal, and support their continued recycling, or beneficial use.House and Senate conferees have a rare opportunity to reach agreement on legislation that will ensure that coal combustion CCRs are safely managed throughout the country without adversely impacting the economy or jobs. 

S. 3512
Support CAROA

Act Now to Regulate Coal Ash Right

Response to Environmental Activists' Claims re S. 3512

CCR LEGISLATION: SETTING THE RECORD STRAIGHT ON THE CRS REPORT

Support from Governors Beshear (KY), Herbert (UT), McDonnell (VA) and Tomblin (WV)

House Energy & Commerce Committee Press Release -- Rare Opportunity for Bipartisan Agreement

 

 

Coal Residuals Reuse and Management Act
H.R. 2273 & S. 1751

S 1751
Support S 1751

Earthjustice is Wrong About S 1751

Letters Supporting S 1751

HR 2273 (as passed out of Energy & Commerce Committee)
HR 2273 Energy & Commerce Committee Report
HR 2273 Managers Amendment

HR 2273 FAQs

Support HR 2273

Response to Statement of Administration Policy
Rebuttal to Earthjustice's Claims

Letters Supporting HR 2273

Comments/Letters on EPA's Proposed Regulations

2011 CCR NODA Comments


Supplemental Comments

Comments on Proposed Rule


Pre-Proposal Letters

Congressional Letters

State Letters to EPA on CCP Regulation

Labor

Municipal Goverments

Tribal Goverment

Technical/Educational Organization Letters

News Releases/Letters to Media

Small Business Advocacy Review Request Letters


 

 
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