House Energy and Commerce Subcommittee debates coal ash rules, state primacy and ‘beneficial use’

WASHINGTON — Lawmakers and technical witnesses at a House Energy and Commerce Subcommittee on Environment hearing debated how the federal government and states should regulate coal combustion residuals, commonly called coal ash, and whether expanded beneficial use of ash can be safe and practical.

“Today, the subcommittee will examine coal ash management practices and innovative ways people are utilizing coal waste,” Subcommittee Chairman Griffith said in opening remarks. The committee’s exchange focused on the 2015 EPA rule that first regulated coal ash, the 2016 WIN Act that allowed state permitting programs, and the 2024 “legacy” rule that extended federal requirements to old impoundments and previously excluded units.

Why it matters: Coal‑fired plants produce millions of tons of ash each year that are stored in ponds or landfills; when those disposal sites leak or fail they can contaminate groundwater and nearby surface waters. Witnesses differed sharply on the scale of that risk, the sufficiency of state oversight under the WIN Act, and the extent to which beneficial uses—such as incorporating fly ash into concrete—can reduce disposal needs while protecting public health.

Most important facts

• EPA history and current review: The EPA first issued criteria for coal combustion residuals in 2015; Congress in 2016 (WIN Act) authorized states to run EPA‑approved CCR permit programs. In 2024 EPA finalized a rule expanding federal obligations to include legacy impoundments and previously excluded disposal units. EPA has since announced a review of the 2024 rule and said it will prioritize working with states on permit approvals.

• Divergent views from witnesses: Michigan, Arizona and North Dakota utility, state and industry witnesses emphasized site‑specific regulation, the economic burden of the 2024 rule on ratepayers and rural co‑op members, and the growth of beneficial use markets. Environmental witnesses and advocates said coal ash contains hazardous constituents and that expanded federal enforcement and cleanup are necessary to protect communities.

• Examples and data cited at the hearing: Witnesses…