National Policy Alliance

Support of the Power Industry

WHEREAS, the National Policy Alliance (NPA) and its member organizations recognize the importance of the electric power sector to our personal well-being and the health of our nation’s economy;

WHEREAS, a diverse use of fuels using all domestic natural resources will improve our national economic security;

WHEREAS, the United States Environmental Protection Agency (EPA) is engaged in the development of public health and environmental regulations that will directly impact the electric power sector and those who rely on electricity in our daily lives;

WHEREAS, the EPA is considering designating coal combustion products as hazardous waste;

WHEREAS, on August 9, 1993, U.S. EPA published a regulatory determination that regulation of the four large volume coal combustion wastes (fly ash, bottom ash, boiler slag, and flue gas emission control waste) as hazardous waste under Resource Conservation and Recovery Act Subtitle C is “unwarranted;”

WHEREAS, on May 22, 2000, U.S. EPA published a final regulatory determination that fossil

fuel combustion wastes, including coal combustion wastes, “do not warrant regulation [as

hazardous waste] under Subtitle C of the Resource Conservation and Recovery Act,” and that “the regulatory infrastructure is generally in place at the state level to ensure adequate management of these wastes;”

WHEREAS, coal combustion produces a material that can be beneficially used in a variety of ways including highway and road construction, mine land reclamation and as virgin material by replacing clay, sand, cement or other aggregates, conserving natural resources, saving energy and avoiding the generation of pollution from the production and processing of the materials coal combustion products replace, and the designation of coal combustion products as hazardous waste would threaten such use;

WHEREAS, a designation of coal combustion products as a hazardous waste would result in the United States experiencing a net loss of an estimated 184,000 to 316,000 jobs.

THEREFORE BE IT RESOLVED, the National Policy Alliance urges the United States Environmental Protection Agency (EPA) to ensure that as it deliberates the coal ash designation it considers:

  1. the beneficial use of recycling this by-product
  2. how to minimize cost impacts on consumers, while ensuring long-term health costs to both our communities and our environment are taken into account;
  3. protect environment and vulnerable ecosystems from further degradation;
  4. how to minimize employment loss;
  5. provide an appropriate degree of flexibility and timeframes for compliance that recognizes the highly localized and regional nature of the provision of electricity services in the United States;
  6. engage in timely and meaningful dialogue with state energy regulators and other stakeholders in pursuit of these objectives; and
  7. recognize and account for, state or regional efforts already undertaken to address environmental challenges;

BE IT FURTHER RESOLVED, that the NPA urges the EPA to not designate coal ash as hazardous waste;

BE IT FURTHER RESOLVED, that if U.S. EPA promulgates federal regulations for the regulation of coal combustion products under state coal ash waste management programs;

BE IT FURTHER RESOLVED, that the NPA urges state utility regulators to actively engage with state and federal environmental regulators and to take other appropriate actions in furtherance of the goals of this resolution; and

BE IT FINALLY RESOLVED, that a copy of this resolution be transmitted to the President of the United States, the Vice President of the United States, members of the United States House of Representatives and the United States Senate, the EPA Administrator and other federal and state government officials as appropriate.

Submitted By Brian McCormack, Edison Electric Institute