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Congressman Moran Urges Rescission of Coal Combustion Residuals in Letter to EPA

Washington, D.C. ­– Congressman Nathaniel Moran (TX-01) led 29 of his colleagues in sending a letter to the Environmental Protection Agency (EPA) urging the rescission of the proposed rule to expand existing federal regulations of coal combustion residuals (CCR). Effectively, this rule would increase the Democrats’ sweeping regulations on our nation’s energy infrastructure and in turn force household consumers to pay more for their electricity.


This proposal directly contradicts the EPA’s previous regulations enacted in the Water Infrastructure Improvements for the Nation (WIIN) Act, which allows states to establish their permit programs in lieu of the EPA’s CCR regulations. The EPA’s current proposal would expand CCR regulations to include CCR management units which goes beyond Congress’s intent under the WIIN Act and would further burden our nation’s already strained energy infrastructure. This proposal is not based on any supporting evidence and is another attempt from the Biden administration to force their climate initiatives on the American taxpayer.


“We write to express opposition to the Environmental Protection Agency’s proposal to expand existing federal regulations on coal combustion residuals under the Resource Conservation and Recovery Act (RCRA). We urge the EPA to withdraw the proposed rule, as it runs counter to congressional intent and direction, is beyond the scope of EPA’s existing legal authority, and does not adequately consider risks to human health and the environment,” the Members wrote.


“It is our understanding that the EPA’s current proposal would expand the scope of the CCR regulations to include “CCR management units.” Such action would directly contradict the intent and specific language of the amendments enacted in 2016 that limited EPA’s authority to regulate CCR under RCRA to CCR units—that is, CCR landfills, CCR surface impoundments, or lateral expansions of a CCR unit,” the Members continued. “EPA’s draft rule acknowledges that “CCR management units” are not CCR units.”


“EPA’s proposal is legally flawed, stands against congressional direction, and does not properly consider its associated costs and benefits. Therefore, we respectfully ask the EPA to rescind its proposal immediately,” the Members concluded.


The letter was led by Congressman Moran and co-signed by Congressman August Pfluger (TX-11), Michael Burgess (TX-26), Dan Crenshaw (TX-02), Neal Dunn (FL-02), Rick Allen (GA-12), Bill Johnson (OH-06), Debbie Lesko (AZ-08), Guy Reschenthaler (PA-14), Kelly Armstrong (ND-AL), Carol Miller (WV-01), Ralph Norman (SC-05), Buddy Carter (GA-01), H. Morgan Griffith (VA-09), Mariannette Miller-Meeks (IA-01), Gus Bilirakis (FL-12), Barry Moore (AL-02), Troy Balderson (OH-12), Jeff Duncan (SC-03), Roger Williams (TX-25), John Joyce (PA-13), Kat Cammack (FL-03), Randy Weber (TX-14), Dan Meuser (PA-09), Larry Bucshon (IN-8), Bob Latta (OH-05), Pete Sessions (TX-17), Brett Guthrie (KY-02), Alex Mooney (WV-02), and Rudy Yakym (IN-02).


Read the full letter here.