[Congressional Record Volume 161, Number 155 (Thursday, October 22, 2015)]
[House]
[Pages H7094-H7095]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               SENSE ACT

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Pennsylvania (Mr. Rothfus) for 5 minutes.
  Mr. ROTHFUS. Mr. Speaker, I rise today to paint a picture of the 
incredible progress of an industry that is making my district in 
western Pennsylvania a better place to work and live.
  For many years, the coal industry has been an important part of the 
economy in Pennsylvania. Historic mining activity, unfortunately, left 
behind large piles of coal refuse. These piles consist of lower-quality 
coal mixed with rock and dirt.
  For a long time, we did not have the technology to use this material, 
so it accumulated in large piles in cities and towns, close to schools 
and neighborhoods, and in fields across the region. This has led to a 
number of environmental problems: vegetation and wildlife have been 
harmed, the air has been polluted, acid mine drainage has impaired 
nearby rivers and streams, and problems compound when these piles catch 
fire.
  The cost to clean up all of this is astronomical. Pennsylvania's 
environmental regulator estimates that fixing abandoned mine lands 
could take over $16 billion, $2 billion of which would be needed for 
the coal refuse piles alone. We needed an innovative solution to this 
tough challenge. A commonsense compromise was necessary to get the job 
done and protect the environment. That is where the coal refuse to 
energy industry comes in.
  Using advanced technology, they have been able to use this previously 
unusable fuel to generate electricity. This activity powers remediation 
efforts that have, so far, been successful in removing over 200 million 
tons of coal refuse and repairing formerly polluted sites. I visited 
the Nanty Glo waste coal site, in my district, earlier this week and 
witnessed the massive transformation this area has undergone.
  In this picture, you can see an example of the progress that has been 
made across the Commonwealth of Pennsylvania. In the foreground are the 
remnants of a coal refuse pile that is up to 40 feet deep. In the 
distance, you can see what used to be a coal refuse pile that is almost 
completely restored. A little bit of work remains. This hillside has 
been restored, and, soon, it will be covered with trees and wildlife. 
This is an example of the environmental progress that is being made.

                              {time}  1015

  The Nanty Glo site is one of the many examples of the good work being 
done by the coal refuse energy industry in Pennsylvania and in historic 
coal sites across the country.
  We can all agree that we want to be good stewards of our natural 
resources and to use them as efficiently as possible. We also want to 
ensure that regulations do not hamper job creation, the economy, and 
opportunity for our families.

[[Page H7095]]

  Unfortunately, expanding EPA regulations threatens to bring much of 
the waste coal industry's activity to a halt. That would leave billions 
of dollars of vital cleanup unfinished and hurt jobs and Pennsylvania's 
energy security.
  A lot of people in Washington like to offer up a false choice between 
protecting the environment and economic opportunity. The success of the 
coal refuse industry shows that that does not have to be the case.
  This week I am introducing a commonsense approach to keeping these 
facilities open while holding them to tough standards. We are calling 
this bill the Satisfying Energy Needs and Saving the Environment Act, 
or SENSE Act, for short.
  The bill addresses problems arising from two of the EPA's more 
expansive rules: the mercury and air toxin standards and the Cross-
State Air Pollution Rule, known as CSAPR.
  Under CSAPR, which relies on allocations to limit emissions, we are 
requesting that the status quo remain in place with regard to sulphur 
dioxide emissions for bituminous coal refuse-fired power generators. 
Due to the nature of the coal refuse, these facilities would be unable 
to comply with a new standard that is expected in 2017. Under the 
mercury and air toxin standards rule, we are proposing to hold the 
industry to alternative limits for hydrogen chloride or sulphur dioxide 
emissions.
  Consistent with this legislation, Senators Toomey and Casey recently 
offered an amendment in the Senate exempting these plans from both the 
MATS and CSAPR requirements. While this proposal was supported by a 
bipartisan majority of Senators, it failed to achieve the supermajority 
required to pass.
  This shouldn't be a controversial or partisan issue. We want to hold 
this industry to high standards, but standards that they can actually 
achieve. My bill will help keep the coal refuse industry in business so 
that the local community, economy, and environment will continue to 
reap the benefits. The fact that this industry performs such a vital 
environmental function means that we owe it to our communities to 
recognize these circumstances and do everything we can to allow them to 
keep up the good work.
  Dennis Simmers, an engineer with Colver Power Project in Cambria 
Township and a long-time resident of the area, told me why he hopes my 
legislation is signed into law and the waste coal industry can go 
forward. ``It's personal,'' he said. ``Three generations of my family 
lived in Nanty Glo. Unfortunately, they died without ever seeing this 
environmental catastrophe corrected. There is a real shot now that I 
will see that in my lifetime.''
  With my legislation, I am working to ensure his vision becomes a 
reality.

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