Cramer - House Passes H.R. 1734, the Improving Coal Combustion Residuals Regulation Act of 2015

Press Release

Today, Congressman Kevin Cramer joined a bi-partisan majority of the United States House of Representatives to pass H.R. 1734, the Improving Coal Combustion Residuals Regulation Act of 2015. Congressman Cramer is an original co-sponsor of the legislation. The legislation empowers states to establish their own coal ash disposal program as long as it meets the standards established by the Environmental Protection Agency (EPA). In December 2014, the Obama Administration released its rule on coal ash disposal. While the rule designated coal ash as a non-hazardous material, it left a number of uncertainties for utilities, end-users of coal ash, and states already managing a coal ash disposal program. North Dakota has been actively regulating such waste since the late 1970's and early 1980's.

"The regulation of coal ash disposal has been debated for decades and fortunately for those of us in North Dakota over that time period we've had modern standards and facilities," said Cramer. "As a former Public Service Commissioner, I have seen firsthand our state regulators at the North Dakota Health Department working with industry officials to develop requirements for location restrictions, operating criteria, facility design, ground water monitoring, corrective action plans, closure plans, and financial assurance. All of which are tailored for the waste they store and North Dakota's geology. While this legislative approach isn't perfect, it's better than the EPA's proposal which leaves too many opportunities for extreme environmental groups to replace regulations based on sound science with their agenda of shutting down the coal industry."

North Dakota electric utilities generate more than 3.3 million tons of coal ash each year, with Coal Creek Station in Underwood generating the third largest amount of any U.S. facility. Great River Energy recycles 100% of its coal ash at Stanton Station, and operates an 85,000 ton coal ash storage dome at Coal Creek, which recycles 450,000 out of 500,000 tons of coal ash. MDU and Otter Tail Power also store their coal ash at sites regulated by the Health Department or sell it for beneficial use, primarily as a bonding agent in concrete. Other products enhanced by North Dakota coal ash include ceramic tiles, cultured stone, carpet, paint, insulation for stoves and refrigerators, ceiling and flooring tiles, lumber, bricks and masonry, and shingles and roofing materials.

Estimates project this legislation will protect approximately 316,000 jobs across the country. Additionally, an EPA designation of the byproduct as a hazardous waste would require the construction of entirely separate hazardous waste disposal sites, cause more coal ash to be stored in landfills instead of put to beneficial use, and increase electric utility costs.

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