Senator John Hoeven (R-ND) intends to advance legislation during the lame duck session establishing a framework for coal ash regulation and preventing the Environmental Protection Agency from regulating the material as a hazardous waste. The Coal Ash Recycling and Oversight Act of 2012 (S. 3512) would establish a state permitting program for regulating coal ash from power plants under a section of the Resource Conservation and Recovery Act. Coal ash language is favored heavily in the House.