Coal Ash Legislation Incorporated in Transportation Bill Negotiations
The U.S. House of Representatives has voted to add its legislation establishing coal ash disposal regulations to a transportation bill that will now be subject to conference committee negotiations with the U.S. Senate.
On April 18, 2012, the House approved HR 4348, the “Surface Transportation Extension Act of 2012, Part II.” Representative David McKinley (R-WV) successfully offered an amendment to insert the text of the “Coal Residuals Reuse and Management Act” (HR 2273) into the larger transportation bill. The coal ash bill was one of only three amendments that were accepted.
The House’s coal ash legislation mandates the first ever national standards for coal ash disposal. The standards are patterned after successful regulatory programs for managing municipal solid waste. The bill requires state-administered permit programs to create enforceable requirements for groundwater monitoring, lining of landfills, corrective action when environmental damage occurs and structural criteria. It also provides that if a state is unable or unwilling to implement the permit program, the federal Environmental Protection Agency would have authority to do so. It would effectively preclude the federal EPA from designating coal ash as a “hazardous waste,” however.
HR 2273 was previously approved by the House in October 2011 with a bipartisan vote of 267 to 144. An identical bill, S 1751, was subsequently filed in the Senate by five Democrat and five Republican co-sponsors and discussions about the bill have been continuing ever since.
Inclusion of the coal ash language in the House transportation bill ensures that the measure will now be considered by a conference committee comprised of senior House and Senate members. The conference committee is charged with negotiating a final transportation bill that melds the House version with a transportation bill approved by the Senate several weeks ago. If the conference committee is able to negotiate a bill acceptable to both bodies, it will be sent back for final votes by both the House and Senate with no amendments allowed.
To watch the floor debate as the House approved incorporating the coal ash provisions in the transportation bill, look here. The text of the coal ash provisions can be found here. News stories about the action can be found here, and here.
EPA Coal Ash Litigation Moves Forward with Filing of Complaints
A coalition of environmental groups moved forward April 5, 2012, on their threat to sue the U.S. Environmental Protection Agency over delays in the Agency's now three-year-old coal ash disposal rulemaking. Their lawsuit was matched shortly thereafter by similar actions from individual coal ash marketers.
In a complaint filed in U.S. District Court for the District of Columbia, the environmental groups seek to force the EPA to set deadlines for review and revision of regulations related to coal ash, as well as review and revision of the Toxicity Characteristic Leaching Procedure tests that are used to determine if materials qualify as hazardous waste based on toxicity.
Coal ash marketer Headwaters Resources filed its own lawsuit against EPA in the same court on April 13 and Boral Material Technologies filed one on April 20. Ash marketers have commented publically that while they agree with the environmental groups that the rulemaking process needs to finish and soon, the beneficial use community must look out for the interests of ash marketers which are not represented by the environmental groups.
The environmental groups used the occasion of filing their lawsuit to launch publicity warning of threats from “toxic coal ash.” See their news release here and a copy of their court complaint here.
The Headwaters complaint is here and Boral’s is here. News stories surrounding the issue can be found here and here.
Charah Honored for Employee Safety Achievements
Charah, Inc., a leading provider of coal combustion product management and power plant support services for the coal-fueled electric utility industry, has received a prestigious award for employee safety from the United States Department of Labor.
Charah’s Limestone Grinding Facility located at Brickey’s Quarry in Bloomsdale, Missouri, received a Certificate of Achievement in Safety from the Mine Safety and Health Administration (MSHA) as part of the Sentinels of Safety Program. The Sentinels of Safety Awards, sponsored by National Mining Association, were initiated in 1925 and remain the nation’s most prestigious awards recognizing mine safety. Charah was recognized for working nearly 5,800 man-hours without a lost workday injury in 2010.
Earlier this year, Charah received another award for employee safety from Westfield Insurance, one of the nation’s 50 largest property and casualty insurance groups with more than 164 years of experience in the insurance business. The previous award is reserved for a select group of commercial customers who excel in management of their employee safety practices.
Coal Ash in the News
An article in the current issue of Structural Engineer examines whether trace amounts of mercury in coal ash should concern concrete designers. They conclude: “It appears that concerns about mercury contamination from fly ash concrete are unwarranted and that the AEC (Architecture Engineering Construction) industry can continue to safely include fly ash in their concrete mix.” See the article here.
Concrete Construction has this article on the use of pozzolanic cements in severe environments.
Cement maker CTS has announced it is researching new “microstructures” created during cement – fly ash hydration. Here’s the announcement.
ACAA member Novinda announced that it has received financing to support the product launch of its non-carbon reagent for mercury emission control in coal-fueled power plants.
China is talking about raising its goals for recycling industrial byproducts, including coal ash. Some very large numbers are here.
Fly ash bricks have been the topic of two stories recently – here and here.
Welcome New Members
Navigant Consulting Inc., an Associate non-voting member, is “a specialized, global expert services firm dedicated to assisting clients in creating and protecting value in the face of critical business risks and opportunities. Through senior level engagement with clients, Navigant professionals combine technical expertise in Disputes and Investigations, Economics, Financial Advisory and Management Consulting, with business pragmatism in the highly regulated Construction, Energy, Financial Services and Healthcare industries to support clients in addressing their most critical business needs.” Please click here to visit Navigant Consulting Inc's website. Dale Probasco will be ACAA’s primary point of contact, while Robert Ruhlman will serve as the alternate.
WL Gore and Associates, an Associate non-voting member, is a “a technology leader in filtration and separation technology, and is developing and commercializing novel technology which will enable utilities and other industries to address mercury emissions reduction requirements without negatively affecting fly ash quality and sales.” Please click here to visit WL Gore’s website. Blair Souder will be ACAA’s primary point of contact, while Jeff Kolde will serve as the alternate.
Referrals are the best source of new members! Annely Noble is now heading up member recruitment for ACAA. Send your prospects to her new email address at annely.noble@acaa-usa.org.
Time to Start Planning for ACAA Summer Meeting
The American Coal Ash Association summer meeting will be held June 19-20 at the Renaissance Portsmouth Hotel & Waterfront Conference Center in Norfolk, Virginia. Information about the meeting is now available on the ACAA website here. Additional information about the program will be added as the meeting date draws near.
Discounted room reservations should be made before May 30 by clicking here. Online meeting registration is available through June 13 on the ACAA website.
The Phoenix was sent to you from the American Coal Ash Association: info@acaa-usa.org.
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The ACAA’s mission is to advance the management and use of coal combustion products in ways that are environmentally responsible, technically sound, commercially competitive, and more supportive of a sustainable global community.
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