Mr. Chairman, I rise today in support of H.R. 2218. For 33 years, Congress has wrestled unproductively with how to deal with coal ash, an unavoidable byproduct of burning coal. After countless hearings, meetings, and amendments, we come…
Mr. Chairman, I rise today in support of H.R. 2218.
For 33 years, Congress has wrestled unproductively with how to deal with coal ash, an unavoidable byproduct of burning coal.
After countless hearings, meetings, and amendments, we come here today with a solution. Over the past 2\1/2\ years, we've listened to environmental organizations, industry, Senators, the States, the EPA.
Now the bill has strong bipartisan support with Democrat cosponsors and a broad coalition of over 300 organizations and businesses, including State environmental officials, Governors, recyclers, manufacturers, coal miners, coal operators, and labor unions, just to name a few.
If we don't act decisively, Congress will once again kick the can down the road. That would mean the status quo continues.
At the Energy and Commerce subcommittee hearing on the draft legislation earlier this year, EPA Assistant Administrator Mathy Stanislaus testified that States have the ability to ensure proper management disposal of coal ash under this legislation. At that hearing, my good friend from Illinois, Mr. Shimkus, asked Mr. Stanislaus if the EPA was not opposed to this language in the bill. Stanislaus' response was, ``That is right.''
Even the President has become engaged in this debate. The statement from the administration this past week noted they appreciate the efforts of the House and issued no veto threat; no opposition was expressed. That ought to tell you something.
The opponents of this legislation should read the last sentence of the administration's statement:
The administration would like to work with Congress . . .
to allow for development, implementation, and enforcement of
appropriate standards for managing coal combustion residuals,
while encouraging the beneficial use of this economically
important material.
Let me show you what we are talking about here. This is a jar of fly ash. Every day, coal ash is produced in 48 of our 50 States across America. This is a national issue, not just one for coal States. Over 140 million tons of coal ash are produced annually. Approximately 40 percent of the material is recycled into everyday products used in households and the construction industry. The remaining 60 percent is disposed of in landfills.
Now, 2218 deals separately with both of these issues. The first part deals with recycling. Early in the Obama administration, the EPA proposed a rule to declare coal ash as a hazardous material, despite the fact that under the Bill Clinton administration the EPA had already determined in 1993 and 2000 that coal ash was not hazardous. Let me repeat that. They've already said it's not hazardous.
No industrialized nation in the world classifies fly ash as a hazardous material. Deeming it such would essentially destroy the ability to recycle coal ash, dramatically increase the cost of electricity, and crush hundreds of thousands of jobs across America.
The United States already has a much lower rate of recycling than other countries. Europe recycles over 90 percent of the fly ash; China over 65; and Japan, 95 percent of their coal ash is recycled. We should be encouraging recycling, not standing in the way.
The second part of the bill deals with processes for disposing of coal ash that is not recycled. This section has been significantly strengthened and provides for all new and existing landfills to be State-run, using the Federal law known as RCRA, which incorporates Federal standards and requirements for protecting ``human health and the environment.''
RCRA's primary goals are to ``protect human health and the environment, to reduce the amount of waste generated, and to ensure that wastes are managed in an environmentally sound manner.''
Consequently, under his bill, disposal requirements will require ``composite liners, air quality and dust controls, groundwater protection standards, emergency action plans, corrective actions for deficiencies, inspections and structural stability.''
Let me make it clear. If a landfill ever becomes deficient, it must be fixed--no ifs, ands, or buts. It is just that simple.
For example, under the corrective action under section 4011, subsection (C)(2)(b):
An owner/operator of a deficient facility is not relieved
of their obligation to develop alternative disposal
capability regardless of whether they have space available
onsite.
For anyone to argue otherwise, perhaps they haven't read the bill.
For the first time, there will be a uniform, national standard for disposal. Or Congress can do nothing--it can--just as it has been for the last 33 years. But I don't think we should continue with the status quo. Working in this bipartisan fashion we've made progress.
After 30 years of debate, it is time for action. Our constituents deserve protection for their health and environment. This legislation makes it possible.
We often hear Congress isn't voting on a jobs bill. Mr. Chairman, there is not a clear jobs bill that we are going to deal with in this Congress protecting 316,000 jobs across America and preventing utility bills to increase. We must protect these jobs.
I encourage all my colleagues on both sides of the aisle to support this pro-health, pro-environment, and pro-jobs legislation.
Mr. Chairman, I rise in opposition to the amendment.
First, I want to just add a congratulations to my colleague from California whose position apparently has evolved over the last couple of years, because I remember back in 2011, he had a problem and voted against the recycling material. So to hear him today say how he favors, I appreciate that. That was on H.R. 1 in February of 2011.
But as for this amendment, this is not necessary because H.R. 2218 establishes a minimum standard of protection for coal ash permit programs. The standard of protection is the minimum requirements that are set out in this bill and includes protections such as groundwater monitoring; corrective action; financial assurance; specific cleanup and closure requirements for unlined, leaking impoundments; stringent structural stability requirements; and fugitive dust controls.
Furthermore, H.R. 2218 establishes a minimum national standard that is based on the existing criteria for municipal solid waste landfills which were promulgated by EPA to ``protect human health and the environment.''
This chart is a collection of some of the elements that are included in the bill already to deal with standards. Things like requiring that the structure be located above water tables. Groundwater monitoring is to be included in this. We have surface water controls under section 4011, controls for CCR landfills, control runoffs for CCR surface, accelerated corrective action for unlined surface impoundments.
We included in this bill, and if people would read the bill, they would see that under 4011, there are areas where the EPA can help to identify deficiencies, including specific criteria for undertaking a deficiency review. It has a backstop authority to enforce that these requirements are upheld and to correct any EPA-identified deficiency.
My colleague continues to use this ``race to the bottom'' among States, and they will compete with each other to become the dumping ground for neighbor States. That's a misguided assumption and, frankly, an insult to the hardworking State environmental regulators. It is unfortunate that he also does not trust the environmental regulators in his State, or any other State for that matter, to establish permit programs that are protective. My colleague ignores that the State regulators are tasked every day with protecting human health and the environment.
Another problem with this amendment is that, since it is not well defined, the EPA or a judge would have the sole discretion to determine what constitutes ``protecting human health and the environment.'' Any State failing to meet this subjective and ambiguous standard would have their permit program stripped from them to be run by the EPA.
This amendment diminishes the important role of the States and let's the EPA meddle in a program the States have proven that they are capable of handling. This amendment is not about protecting human health and the environment; it's about growing Federal control at the expense of the States. States have been tasked with implementing RCRA, and this bill allows them to continue to do just that.
If you support bigger government, support this amendment; but if you trust your State to take care of its own people, then we should oppose it. I urge opposition to this amendment.
I yield back the balance of my time.