OKC Standard

U.S. Senator Markwayne Mullin (R-OK) has spearheaded a resolution under the Congressional Review Act (CRA) to overturn President Biden’s Coal Combustion Residuals (CCR) final rule. This rule imposes retroactive regulations on coal ash management at inactive coal-fired power plants, which many critics argue are costly and overreaching.

Coal combustion residuals, commonly known as coal ash, are byproducts created when coal is burned to produce electricity. These byproducts are typically disposed of in surface impoundments or landfills or reused in various applications. On May 8, 2024, the Environmental Protection Agency (EPA) finalized a rule that significantly expands its jurisdiction over all coal ash ponds ever used and requires ratepayers to cover the costs for capping most of these ponds.

The new regulations mandate extensive groundwater monitoring, corrective action, closure procedures, site security measures, documentation of applicability, and post-closure care requirements. The rule will go into effect on November 4, 2024, impacting entities in 36 states including Oklahoma.

Senator Mullin criticized the EPA's decision: “The Biden administration’s sweeping effort to close power plants across the country is jeopardizing dispatchable generation, ignoring site-specific conditions and risk, and superseding congressional intent,” he said. “Once again, the Biden EPA is imposing one-size-fits-all rules that are ineffective and costly to the American taxpayer.”

Mullin's resolution is co-sponsored by Senators Shelley Moore Capito (R-WV), John Barrasso (R-WY), Kevin Cramer (R-ND), Cynthia Lummis (R-WY), Mike Braun (R-IN), Katie Britt (R-AL), Pete Ricketts (R-NE), Roger Wicker (R-MS), Tim Scott (R-SC), and John Hoeven (R-ND). Representative Morgan Griffith introduced a companion bill in the U.S. House of Representatives.

Senator Capito echoed Mullin's concerns: “The finalized coal combustion residuals rule is one more example of President Biden’s barrage of regulations targeting coal plants... I appreciate Senator Mullin for introducing the CRA resolution of disapproval today.”

Senator Barrasso also voiced opposition: “President Biden continues his relentless attack on coal communities... This latest one-size-fits-all rule completely ignores decades of successful work from state-led initiatives.”

Supporting organizations include the National Mining Association, American Electric Power, National Rural Electric Cooperative Association, National Ready Mixed Concrete Association, American Public Power Association among others.

Pat O’Loughlin from Buckeye Power stated: “Coal Combustion Residuals is a non-hazardous waste and the new Rule is more strict than current hazardous waste regulations... This rule would mean millions of dollars in investment for our cooperative members.”

Jim Matheson from the National Rural Electric Cooperative Association added: “This unworkable EPA rule will seriously disrupt operations at many power plants... Its excessive requirements drastically exceed the agency’s statutory authority and should be overturned.”

Bloomberg Government carried an exclusive report on this introduction.

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