Today, the House Subcommittee on Energy and the Economy by a vote of nine to seven approved legislation that would block the U.S. EPA from ever being able to regulate coal ash as a hazardous waste.

The bill is sponsored by Rep. David McKinley (R-WV) who has the largest coal ash pond in his district. The EPA is currently considering two rules, one which would regulate coal ash as a hazardous waste and another that would classify the toxic substance as non-hazardous. On Thursday, the full Energy and Commerce Committee will vote on the legislation.

“After promising his constituents in April that they would not be at risk from coal ash, it’s clear that just a few months later Rep. McKinley suffers from memory loss,” said Lisa Evans, senior administrative counsel at Earthjustice.

“Not only does Rep. McKinley’s district contain the largest coal ash site in our country, he has made sure his dirty polluter friends can get away with business as usual through this terrible piece of legislation.”