Washington, D.C. —Rep. David B. McKinley, P.E.  (R-WV) issued the following statement after the Environmental Protection Agency released its final rule regarding coal ash, theunavoidable byproduct of burning coal:

“For the past four years we have sought to find a workable solution for the regulation of coal ash that will maintain hundreds of thousands of jobs, keep electricity prices low, encourage recycling, protect the environment, and provide certainty. Today’s announcement by the EPA shows that our work has made a difference and the EPA has listened, but there is still more to be done.

“The decision not to regulate coal ash as a hazardous material means it can continue to be recycled and used in everyday products, such as concrete, bricks, and wall board. A hazardous designation would have severely limited the ability to recycle coal combustion byproducts, costing 316,000 jobs and causing electric rates to skyrocket. We’re proud to have played a role in helping avoid this outcome.

“However the EPA falls short of offering a functional regulatory system, fails to address key issues, and still leaves uncertainty for both industry and environmental groups. A legislative answer is still necessary to close many of the open-ended questions and provide greater certainty a future EPA won’t overrule this decision.”

“The plan we laid out in H.R. 2218 calls for federal standards for coal ash disposal and requires the states to develop disposal programs that meet those standards. This approach was developed in consultation with states, utilities, recyclers, and the EPA, and remains the best way to ensure coal ash can continue to be disposed and recycled in a safe and economical manner.

“This solution has received strong bipartisan support and passed the House on multiple occasions since 2011, but has consistently been blocked in the Senate. Early next year we plan to introduce a similar bill to address this problem once and for all. With new leadership in the Senate, we expect our common sense plan can finally pass the Senate and be signed into law.”