As the U.S. Environmental Protection Agency continues to hold hearings across the country on its proposal to regulate coal ash, a toxic by-product of coal combustion that contains lead, arsenic, and other toxics, industry representatives continue to make excuses and concoct ridiculous arguments for why coal ash regulation isn’t necessary.

One of the most oft-repeated claims is that coal ash regulation will “stigmatize” coal ash and prevent industries from repurposing it into other products. Coal ash is frequently reused as a component in other products including cement and wallboard.

At yesterday’s hearing in Louisville, KY, the stigma argument came up again. Power giant Duke Energy perpetuated it, and threatened rate increases for its customers if strict coal ash regulation goes into effect. Others implied it would destroy the market for reuse, according to BNA news service (subscription). The argument came up at a hearing in Pittsburgh last week, when a Pennsylvania Power and Light spokesman said, “[R]egulations would severely limit and most likely eliminate beneficial uses…” [Emphasis added.]

Is it possible that these industry folks haven’t bothered to read EPA’s proposal? I’ll help them out, by pulling some key passages:

• “EPA is not proposing to affect the current status of coal combustion residuals [or coal ash] that are beneficially used.”
• “EPA is not proposing to change the May 2000 Regulatory Determination for beneficially used CCRs, which are currently exempt from the hazardous waste regulations…”
• “EPA does not wish to inhibit or eliminate the significant and measurable environmental and economic benefits derived from the use of this valuable material without a demonstration of an environmental or health threat.” 

Industry representatives are fear mongering. Their comments are intended not to provide honest analysis of regulatory impacts but to mislead the public into thinking that strict coal ash regulation will have unintended consequences. They don’t want coal ash regulation because it will force them to take extra precautions when handling ash, not because it will restrict reuse.

Limiting reuse is clearly not EPA’s goal. The agency wants to protect public health (which, by the way, is its mission) by preventing the toxics found in coal ash from contaminating drinking water, and that’s exactly what it should do.