Washington, DC – During a hearing of the Energy and Commerce Committee, Congressman David B. McKinley, P.E., (WV-1) called for passage of legislation to give job creators in West Virginia and across America certainty about coal ash regulations.

“Job creators detest uncertainty. This regulation is unacceptable because it provides no assurances to the business community and perpetuates uncertainty,” McKinley said.

The regulation finalized by the Environmental Protection Agency in December designates coal ash as a non-hazardous material, but leaves open future changes that could be catastrophic to job creators. When questioned during the hearing, EPA Assistant Administrator Mathy Stanislaus would not say if coal ash is a hazardous material, which creates even more uncertainty.

“How many times must there be a ‘final’ determination that coal ash is not hazardous material? It would be wise for the committee to once again pass legislation that brings closure to this issue,” said McKinley.

In 1993, 2000, and December 2014, the EPA ruled coal ash was not hazardous. In the 112th and 113th Congresses, coal ash legislation sponsored by Rep. McKinley passed the House of Representatives. Rep. McKinley plans to introduce similar legislation in the 114th.

During the hearing, Thomas Adams of the American Coal Ash Association spoke in favor of McKinley’s legislation, “Bills previously passed by the House would resolve these issues permanently. The bills would put enforcement responsibility and authority in the hands of professional state environmental regulators and expand EPA’s authority to step in if states don’t do the job.”

“As we heard in testimony today, coal ash legislation is necessary to protect hundreds of thousands of jobs,” added McKinley. “We look forward to finding a solution that solves this problem and provides certainty.”

Video of Rep. McKinley’s opening comments may be viewed here.

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