U.S. Nathaniel Moran announces his bid for reelection Aug. 17.

U.S. Rep. Nathaniel Moran led 29 other members of Congress in opposing the Environmental Protection Agency’s proposed rule to expand federal regulation of coal combustion residuals.

Moran, R-Tyler, and his colleagues wrote a letter to the Environmental Protection Agency to call for the revocation of the ruling on coal combustion residuals regulations under the Resource Conservation and Recovery Act (RCRA). The letter described the impact of expanded regulations on the nation’s energy infrastructure and how it would ultimately force consumers to pay more for electricity.

“The proposal directly contradicts the EPA’s previous regulations enacted in the Water Infrastructure Improvements for the Nation Act, which narrowly defined what EPA is allowed to regulate and did not include what EPA is attempting to regulate now,” said Moran in a newsletter to constituents following the letter’s submission.

The letter urged for the removal of the proposed rule and claimed it goes beyond the scope of the EPA’s authority, referencing the regulations from the Water Infrastructure Improvements for the Nation Act, which was signed into law in December 2016 during the Obama administration.

“We urge the EPA to withdraw the proposed rule, as it runs counter to congressional intent and direction, is beyond the scope of EPA’s existing legal authority, and does not adequately consider risks to human health and the environment,” according to the letter from the members of Congress.

Coal combustion residuals also are referred to as coal ash and are produced from the burning of coal in coal-fired power plants, according to the EPA. The by-products produced can include fly ash, bottom ash, boiler slag and flue gas desulfurization material, among others.

The EPA regulates coal ash because it produces contaminants such as mercury, cadmium, chromium and arsenic that can potentially pollute waterways, ground water, drinking water and the air.

The letter states that the EPA’s proposal to extend the regulatory reach of coal combustion residuals regulations to management units is too broad and not clearly defined and was not developed based on an adequate assessment of risk. The letter also contends that, given the complexity of the proposal, the EPA’s offering of 25 days for comments on the newly published risk analysis is too short. The EPA has already declined a “good cause” extension of the consent decree deadline.

“The EPA’s proposal also does not properly consider its associated costs and benefits and stands against congressional direction and states’ rights, thereby making it fundamentally and legally flawed,” Moran said.

The letter concludes by outlining that the EPA’s proposal would place an unwarranted burden on the nation’s energy infrastructure through the requirement of identification of land with any amount of coal combustion residuals, even where used for beneficial purposes such as roads and infrastructure. For these reasons, Moran and the co-signers asked that the EPA rescind its proposal immediately.

“This proposal is not based on sound science, extensive study, or demonstrated risks and benefits of regulatory compliance,” according to the letter.