Motion to Instruct Conferees on H.R. 4348, Surface Transportation Extension Act of 2012, Part II
Floor Speech
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Mr. McKINLEY. Mr. Speaker, I yield myself 7 minutes.
Concrete is a fundamental element of roads, bridges, and infrastructure projects, and an important element of concrete is coal ash. This is now the fourth time the House has affirmed and reaffirmed its support for the beneficial use of recycling coal ash.
Currently, the conference committee on H.R. 4348 is deep in productive negotiations, and strong bipartisan compromises have occurred relative to the coal ash provision. My intent today is to urge the conferees to continue these bipartisan negotiations and retain this important, cost-saving provision in the final bill.
We're not here to rehash the same ideologically motivated arguments that we have heard from the extremists. Simply put, we are here to help put people back to work, to give American businesses certainty, and to protect the health and environment of our families and friends.
For those who say coal ash is irrelevant to roads and bridges, they couldn't be further from the truth. Concrete suppliers have been incorporating coal ash into concrete mixtures since the construction of the Hoover Dam over 80 years ago. Without coal ash, the cost of construction projects would increase by $100 billion, according to the American Road and Transportation Builders Association, thereby reducing the amount of moneys available for roads and bridges and infrastructure in America.
Keep in mind, less construction results in fewer jobs. By retaining this bipartisan section of the highway bill, Congress will be also protecting the 316,000 jobs that are at stake in the recycling of fly ash--jobs involving concrete block, brick, drywall, ceramic tile, bowling balls, and even in the cosmetics industry. For those who have been asking where the jobs bills are, this is a jobs bill.
Among the supporters of this language are the Chamber of Commerce, the National Association of Manufacturers, the International Brotherhood of Electrical Workers, the United Mine Workers, the United Transportation Union, the American Road and Transportation Builders Association, the International Brotherhood of Boilermakers, and the AFL CIO's building and construction trades.
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Mr. WAXMAN. Mr. Speaker, I yield myself 3 minutes.
The way I understand the argument on the other side is that, if the EPA regulates coal ash and calls it hazardous, that stigma will lead construction companies to avoid it as a building material.
If I could address the gentleman from West Virginia, Mr. McKinley. Is that an accurate statement, that you're fearful of the designation and the stigma of that designation as hazardous?
I yield to the gentleman from West Virginia.
Mr. McKINLEY. You say is there going to be a stigma?
Mr. WAXMAN. Is your fear that, if the EPA regulates coal ash and it's called hazardous, that that designation will be a stigma and will lead to the nonuse of coal ash by construction companies as a building material?
Mr. McKINLEY. Mr. Waxman, I believe there is a stigma associated with that pending decision, yes.
Mr. WAXMAN. That is your fear?
Mr. McKINLEY. There is a stigma associated with the misinformation that's been disseminated. That's correct.
Mr. WAXMAN. My colleagues, the thing that is so confusing to me is that coal ash is often used as a substitute for Portland cement in concrete to lower the costs; it reduces the waste, reduces the greenhouse gas emissions, and we don't need to pass legislation to have that happen.
But I want to point out that Portland cement is designated as hazardous. It's a hazardous chemical under the OSHA Hazard Communications rule. It's a hazardous substance under the Superfund amendments. It's a hazardous substance under Federal Hazardous Substances Act, and it's a hazardous material under the Canadian Hazardous Products Act. But Portland cement continues to be used extensively in concrete and transportation projects.
The EPA is not seeking to call coal ash ``hazardous.'' They want to call it a ``special waste.'' But even if they called it hazardous, why would it not be used the way Portland cement is now used, even though that substance is designated as hazardous in all these other statutes?
Mr. McKINLEY. Will the gentleman yield?
Mr. WAXMAN. I yield to the gentleman from West Virginia.
Mr. McKINLEY. What we're trying to do is allow more time for the conference committee to work rather than to debate the pros and cons of the environmental aspects of it. We want the committee to continue to work, to reach a compromise. And I've been told there's been great progress being made on that, but don't stop at this 11th hour. They're close to making it happen. We want to stand beside them and make sure they finish their work on these negotiations.
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Mr. McKINLEY. Mr. Speaker, it's fairly obvious that a lot of the folks that have been speaking on the other side of this issue have not read the bill and don't understand what's included in the provision. But perhaps reading the bill, reading the amendment would have given them greater insight as to the role of the EPA. Because by virtue of this amendment, we are giving them great insight, great involvement in the proper disposal of the amount of fly ash that's not recycled.
So, Mr. Speaker, it really just comes down to an issue being very clear. Our opponents are just opposed to the coal industry. They're opposed to the men and women working in our coal industry. They're opposed to the 700-plus coal-fired electric utilities. They're opposed to keeping utility costs low. There is a war on coal, Mr. Speaker. And it's time that we stand up for the coal workers, the men and women working in the coalfields all across the United States, and for the men and women and the consumers that use electricity at low cost.
Now let's go to what the Departments of Interior and Transportation have said: The Department of Interior said that they concur that if fly ash is designated as hazardous waste, as is being considered, fully or in a hybrid classification, it would no longer be used in concrete. It also said, ``Fly ash costs approximately 20 to 50 percent less than the cost of cement.'' The Department of Transportation: ``Fly ash is a valuable byproduct used in highway construction. It is a vital component of concrete and a number of other infrastructure uses.''
Mr. Speaker, I ask all of my colleagues to join me today in supporting this motion to instruct conferees to continue discussing this bipartisan negotiation on this part of the highway bill and to ask their Senators to do the same. Let's maximize the use of all the money that we have available to build more roads, rebuild more bridges, do more infrastructure, but most importantly, put America back to work.
So I encourage my colleagues to vote for this motion to instruct, and I yield back the balance of my time.
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