Wheeling Intelligencer: Fly Ash Bill to Get Vote Today

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By Jocelyn King

The U.S. Environmental Protection Agency has determined fly ash won't be regulated as a "hazardous material" - at least for now - and Rep. David B. McKinley wants to make certain the agency won't change its mind in the future.

The House votes today on a bill that seeks to clarify federal Environmental Protection Agency regulations pertaining to fly ash, and to firmly establish the by-product of burnt coal isn't a "hazardous substance." McKinley, R-W.Va., is the author of the "Improving Coal Combustion Residuals Act of 2015."

He said on Dec. 19, 2014, the EPA finalized its rules on the disposal of coal ash after deciding the material wasn't dangerous, but there still is ambiguity about the issue. Most importantly, the EPA lacks the ability to implement and enforce the rules at the state level, and the agency also reserves the right to change their mind about fly ash in the future.

This is causing uncertainty among industrial businesses who work with the material on a daily basis, according to McKinley.

McKinley's bill seeks to make the new EPA requirements on fly ash a part of federal law, and to set up state programs to oversee the disposition of fly ash. It also would mandate states to implement regulatory requirements as least as stringent as those set up in the bill.

"I give the EPA credit," said McKinley, who has been a staunch critic of the agency. "They now accept - for now - they're not going to call it a hazardous material. That gives the recyclers, the utility companies, all a chance to take a deep breath and proceed. ... But at the same time, there is language in the preamble to the rules that says the EPA can reverse their decision in the future. This is causing uncertainty unto itself."

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