[Congressional Record Volume 158, Number 95 (Thursday, June 21, 2012)]
[Extensions of Remarks]
[Page E1106]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   MOTION TO INSTRUCT CONFEREES ON H.R. 4348, SURFACE TRANSPORTATION 
                     EXTENSION ACT OF 2012, PART II

                                 ______
                                 

                               speech of

                         HON. PETER A. DeFAZIO

                               of oregon

                    in the house of representatives

                        Wednesday, June 20, 2012

  Mr. DeFAZIO. Mr. Speaker, more than three and a half years ago an 
impoundment holding disposed ash waste broke open, creating a massive 
spill in Kingston, Tennessee. The spill covered entire neighborhoods 
and the Clinch River with over one billion gallons of coal fly ash--
displacing residents and resulting in $1.2 billion in clean up costs.
  The accident underscored the need for strong rules to ensure 
structural stability and the safety of coal ash impoundments. Yet, as 
of today, no national rules have been put into place to prevent another 
Kingston spill.
  Two years ago the Environmental Protection Agency proposed the first-
ever regulations to ensure the safe disposal and management of coal ash 
from power plants under the nation's primary law for regulating solid 
waste, the Resource Conservation and Recovery Act (RCRA).
  EPA presented two regulatory options: regulating coal ash as 
hazardous waste under Subtitle C or regulating coal ash as a non-
hazardous waste under Subtitle D. But the EPA's proposal has stalled 
creating uncertainty for businesses and families.
  As I said when the House of Representatives considered this issue 
last October, I have concerns that designating fly ash as a hazardous 
material will have major impacts on the recycling and reuse of fly ash 
to manufacture wallboard, roofing materials and bricks, and especially 
concrete.
  In 2008 alone, the concrete industry used 15.8 million tons of fly 
ash in the manufacturing of ready mixed concrete making it the most 
widely used supplemental cementing material. When combined with cement, 
fly ash improves the durability, strength, constructability, and 
economy of concrete.
  It also has huge environmental benefits. Using coal ash--an 
industrial byproduct--in concrete results in longer lasting structures 
and reduction in the amount of waste materials sent to landfills, raw 
materials extracted, energy required for production, and air emissions, 
including carbon dioxide.
  A ``hazardous'' designation of fly ash could put these benefits in 
jeopardy. It could make fly ash storage and transportation more 
expensive, and create a legal environment that would deter cement 
manufacturers from recycling fly ash in cement production.
  The result would not only be devastating for the cement manufacturing 
industry and American jobs, it could also divert millions of tons of 
coal fly ash from beneficial uses to surface impoundments like the one 
that broke open in Kingston, Tennessee--an outcome nobody wants.
  I don't think H.R. 2273 is a perfect bill. And, to be clear, I 
support strong regulations for the disposal and storage of coal ash. 
But, these regulations can and should be completed without jeopardizing 
the recycling and reuse of fly ash.
  I am supporting Rep. McKinley's motion to instruct because it would 
move the conversation forward on how to find a reasonable and 
responsible balance between protecting communities and our environment, 
while also incentivizing the recycling and reuse of coal ash--goals we 
can all support.
  It is my understanding that my colleagues on the conference are 
making progress in finding that balance. Meaningful conversations that 
began more than six months ago between key stakeholders are beginning 
to bear some fruit on this issue.
  We shouldn't ignore this issue--it's too important. We shouldn't wait 
for an undefined period of time before strong rules are put in place. 
We shouldn't discourage recycling and reuse of coal ash by 
unnecessarily labeling it as ``hazardous waste.''
  Let's pass this motion and get back to work on a long-term bill.

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