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Legislation

Basin Electric wants to provide you with information about the latest issues and challenges facing generation and transmission cooperatives and rural electric systems. Find the latest on current legislation from the U.S. Congress by clicking on Bills to watch.

As events unfold on at state, regional and national levels, our government relations team is just a phone call away.

Bipartisan opposition mounts against EPA coal ash proposal

On July 29, Environmental Protection Agency Administrator Lisa Jackson received three letters from Capitol Hill expressing concerns about the possible regulation of coal combustion residuals, or coal ash, as a hazardous waste. The message: It could put thousands of jobs as risk and increase power rates.

One letter authored by Sens. Kent Conrad (D-ND) and Sam Brownback (R-KS) emphasized that a hazardous waste designation would create serious economic consequences for utilities and other coal ash reuse businesses.
The United States produces about 136 million tons of coal combustion residuals annually, and much of it is recycled for construction materials, such as wallboard and cement.

“While coal ash must be handled properly, North Dakota and other states have the regulating infrastructure in place to effectively manage it as a non-hazardous waste product,” the Senators stated in a press release. Their letter was signed by 33 other Senators.

Another letter, authored by Reps. Rick Boucher (D-VA) and Fred Upton (R-MI) stated regulation under hazardous waste standards could lead to a loss of nearly 14 percent of generating capacity in parts of the country, according to estimates by the Electric Power Research Institute. Their letter was signed by a majority of the House Energy and Commerce Committee.

Rep. Tim Holden (D-PA) led the third letter, which was signed by 123 other House members, echoing similar economic concerns.
The letters were sent in response to EPA’s May 4, 2010, proposed rule to treat coal ash and other combustion byproducts under the Resource Conservation and Recovery Act as either a hazardous or a non-hazardous substance. As a hazardous substance coal ash would be subjected to federal requirements for hazardous waste management and disposal.

All three letters urged that if EPA is determined to regulate coal ash, it use a non-hazardous designation.

Read the letters:

• http://www.uswag.org/pdf/2010/Holden072010.pdf
• http://www.uswag.org/pdf/2010/BoucherUpton07292010.pdf
• http://www.uswag.org/pdf/2010/ConradBrownback072010.pdf 

To learn more about proposed rules or to provide comments, go to www.regulations.gov.

Stop EPA

We need to tell Congress to stop the Environmental Protection Agency (EPA) from using the Clean Air Act to regulate greenhouse gas emissions. Given its design and focus on the local and regional levels, the Clean Air Act is ill-suited to address greenhouse gas emissions, including carbon dioxide.

Yet without an energy or climate bill, the EPA is taking steps to use the law to impose regulatory rules not only on motor vehicles, but on stationary sources, like power plants and industrial facilities. Depending on the statutory threshold, these rulings could potentially affect thousands of sources.

Not the right tool: One of the law’s principal authors, Rep. John Dingell (D-MI) has said using the Clean Air Act to regulate greenhouse gas emissions would result in a “glorious mess.” Why? Because it could effectively make new facilities impossible to build, existing facilities difficult to maintain, and will raise our electricity rates, jeopardizing thousands of jobs. It would be like using a hammer to tighten a screw; it may be possible to do, but it’s not the right tool for the job. Similarly, the Clean Air Act is not the right tool for addressing climate change.

Legislation is more appropriate than regulation: Several members of the House and Senate have introduced proposals to limit the use of the Clean Air Act to regulate greenhouse gas emissions or delay any regulations. A delay would allow Congress time to develop comprehensive energy and climate change legislation.  It’s NOT in our nation’s best interest to allow the EPA to decide how greenhouse gas emissions should be regulated using an inappropriate law.

Legislation that has been introduced so far:

• Sen. Jay Rockefeller (D-WV) introduced S.3072. This bill suspends regulation of carbon dioxide and methane from stationary sources under the Clean Air Act for two years. Regulation of mobile sources is permissible.
• Sen. Lisa Murkowski (R-AK) and Sen. Blanche Lincoln (D-AR) have introduced legislation (Senate Joint Resolution 26) that would “disapprove” of the endangerment finding EPA concluded in December 2009, thereby closing the door to Clean Air Act regulation of greenhouse gases. On June 10, 2010, the Senate voted down this resolution 47-53.
• Rep. Earl Pomeroy (D-ND) has introduced legislation (H.R.4396) that would remove six greenhouse gases (including carbon dioxide) from the definition of the word “pollutant” in the Clean Air Act, thereby leaving it to Congress to establish a new law governing greenhouse gas emissions.
• Rep. Ike Skelton (D-MO) has introduced legislation (H.R.4572) that takes a more narrow perspective. The bill would remove six greenhouse gases (including carbon dioxide) from the definition of the word “pollutant” in the Clean Air Act thereby leaving it to Congress to establish new law governing greenhouse gas emissions. However, Rep. Skelton’s bill would limit the removal of these greenhouse gases “solely” on the basis of their “effects on global climate change.” Skelton also introduced House Joint Resolution 76. It puts Congress on record as disapproving of EPA’s finding that greenhouse gases threaten the public health and welfare, and says the EPA rule shall have no force or effect.
• Rep. Joe Barton (R-TX) has introduced House Joint Resolution 77 that puts Congress on record as disapproving of EPA’s finding that greenhouse gases threaten the public health and welfare, and says the EPA rule shall have no force or effect.
• Rep. Nick Rahall (D-WV) introduced H.R.4753. The bill suspends regulation of carbon dioxide and methane from stationary sources under the Clean Air Act for two years. Regulation of mobile sources is permissible.
• Rep. Marsha Blackburn (R-TN) introduced H.R.391. It removes six greenhouse gases (including carbon dioxide) from the definition of the word “pollutant” in the Clean Air Act, thereby leaving it to Congress to establish new law governing greenhouse gas emissions.

Letters to EPA Administrator Lisa Jackson

Sen. Mark Begich (D-AK) and West Virginia Sen. Jay Rockefeller have led a group of six other industrial state Democrats in a letter to Environmental Protection Agency (EPA) Administrator Lisa Jackson, expressing serious economic and energy security concerns about the potential regulation of greenhouse gases under the Clean Air Act. The other Senators are Sherrod Brown of Ohio, Bob Casey of Pennsylvania, Claire McCaskill of Missouri, Carl Levin of Michigan, Robert C. Byrd of West Virginia and Max Baucus of Montana.

Read Jackson’s response to the Senators
Read the letter Sen. Lisa Murkowski sent to Jackson

EPA-related bills to watch

In the U.S. House of Representatives and the U.S. Senate:

• House Joint Resolution 77: Puts Congress on record of disapproving of EPA’s finding that greenhouse gases threaten the public health and welfare, and says the EPA rule shall have no force or effect. Chief sponsor: Rep. Joe Barton, R-Texas.
• H.R. 4396: Removes carbon dioxide, methane and four other greenhouse gases from the definition of air pollutants that EPA can regulate. Chief sponsor: Rep. Earl Pomeroy, D-N.D.
• H.R. 4572: Removes carbon dioxide, methane and four other greenhouse gases from the definition of air pollutants that EPA can regulate. Chief sponsor: Rep. Ike Skelton, D-Mo.
• H.R. 4753: Suspends EPA regulation of carbon dioxide and methane from stationary sources under the Clean Air Act for two years. Regulation of mobile sources is permissible. Chief sponsor: Rep. Nick J. Rahall II, D-W.Va. Related story here
  Senate Joint Resolution 26: Puts Congress on record of disapproving of EPA’s finding that greenhouse gases threaten the public health and welfare, and says the EPA rule shall have no force or effect. Chief sponsor: Sen. Lisa Murkowski, R-Alaska.
• S. 3072: Suspends EPA regulation of carbon dioxide and methane from stationary sources under the Clean Air Act for two years. Regulation of mobile sources is permissible. Chief sponsor: Sen. John D. Rockefeller IV, D-W.Va.  

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