Rep. Fred Upton continues to use his tenure as chairman of the House Energy and Commerce Committee to attempt to strip the Environmental Protection Agency’s ability to regulate toxic substances that threaten the environment.
His committee is considering a new bill that would strip the EPA’s authority to regulate the handling of coal ash, a by-product of coal energy production that can contain a wide range of toxic metals and chemicals including arsenic, lead, chromium, and selenium.
In December, 2008, a massive retaining pond containing coal ash sludge broke through a retaining wall, spilling a billion gallons of toxic sludge flowing over 300 acres and all but destroying two rivers near a Tennessee Valley Authority coal plant.
Upton put out a statement in favor of the bill and one particular section jumped out:
My own state of Michigan takes pride in its rigorous but fair enforcement in these areas, so we were sure to make clear—in this case—that states may make their coal ash regulatory program even more stringent than federal standards. Michigan officials tell me that this provision is important to them, and I am glad that they are pleased with it and with the whole bill.
Coincidentally, the Republican-controlled state legislature is currently trying to pass a bill that would forbid the state from passing any regulations that are more strict than federal standards. If that bill passes it would cancel out one of Upton’s main arguments in favor of this federal bill.