N.C. Congressman Seeks Support for Coal Ash Use in Construction Applications

A proposed rule on the handling and use of coal ash that was released in June by the U.S. Environmental Protection Agency (EPA) could create significant problems for many small businesses, according to a release by Congressman Heath Shuler (D-N.C.).

Rep. Shuler, subcommittee chairman of the House Committee on Small Business’ Rural Development, Entrepreneurship and Trade Subcommittee, says that recyclers have expressed concern that new regulations proposed by the EPA could prevent them from converting coal-fired power plant waste into what they consider safe building products.

During the recently held hearing of the House Committee on Small Business' Rural Development, Entrepreneurship and Trade Subcommittee, witnesses said the rules could raise utility rates and cause layoffs.
Additionally, lawmakers questioned whether the EPA had evaluated the full impact the proposed rule might have on small businesses. In one exchange with lawmakers, the EPA witness conceded that stiffer regulation of coal ash could potentially cause a 6 percent increase in electricity rates.

The EPA is proposing new regulations for coal ash aimed at addressing safety and environmental concerns. Depending on how those regulations are crafted, Shuler notes, coal ash could be regulated like a hazardous waste.

In testimony, a number of recyclers expressed concern that a hazardous waste classification carries a stigma and would raise liability fears, making it difficult to use coal ash in building materials.

"Utilization of coal combustion waste in products like cement can reduce the need for other raw materials, lower production cost and reduce greenhouse gas emissions," Shuler says. "With a balanced policy approach that promotes the beneficial use of coal ash, we can help preserve our environment, while creating new opportunities for small businesses."

While noting coal-fired power plants produce nearly half of the power generated in the United States, the process creates 136 million tons of coal ash in the process. While it can have a negative impact on the environment and be costly to dispose of, companies have developed safe applications, and are recycling 50 million tons of the coal ash in construction products.

Some recyclers from North Carolina noted that coal ash has been used safely in concrete mixes by the state’s highway department for two decades because it makes building materials stronger, while reducing construction costs by $5 million a year. Rural electric utilities in the state have also invested in scrubbers, which reduce power plant emissions by capturing the ash.

"Small businesses involved in the recycling, handling and transportation of coal ash stand to suffer serious economic harm if the EPA doesn't get this right," Shuler notes. "I agree that we need strong and enforceable regulations at the federal level for coal ash storage and disposal. I want to work with EPA on a solution to provide better environmental protection without the economic damages of regulating coal ash like a hazardous waste--when it really isn't."

Public comments on the EPA's proposed rule are being accepted until September 20.

To view a video of the testimony, click here http://www.youtube.com/view_play_list?p=460C37F620EC8972