Ash Marketers File Motion in EPA Deadlines Lawsuit
Coal ash marketers Headwaters Resources and Boral Material Technologies jointly filed a Motion for Summary Judgment August 14 in the lawsuits against the U.S. Environmental Protection Agency over delays in the Agency's now three-year-old coal ash disposal rulemaking.
The lawsuits were initially filed in April in the U.S. District Court for the District of Columbia by a coalition of environmental groups, Headwaters and Boral. The three lawsuits were later consolidated into one.
Headwaters and Boral are asking the court to order EPA to say how it plans to regulate coal ash disposal – either as Subtitle C hazardous, Subtitle D non-hazardous, or not at all. Furthermore, if EPA chooses Subtitle C hazardous, the Agency should be ordered to explain how it can do that inasmuch as it has not complied with the statutory requirements for such a determination. A copy of their pleading is here.
The pleading by the ash marketers differs from a similar motion filed by environmental groups. Headwater and Boral are asking the judge to order EPA to say how it will regulate coal ash within 90 days of the court’s decision, but not necessarily complete enactment of rules. Environmental groups are pleading for enactment of new rules within six months of the judge’s decision and are asking the judge to order EPA to evaluate the use of Toxicity Characteristic Leachate Procedure (TCLP) testing.
Additional pleadings are expected in the case between now and December 21, with the potential for a court hearing and decision early in 2013.
Ash Mine Placement Regulations Proposal May be Near
The American Coal Ash Association has learned that the U.S. Office of Surface Mining has completed a draft of proposed regulations for placement of coal ash in mines. The draft is undergoing internal agency reviews prior to submission to the Office of Management and Budget and eventual publication in the Federal Register. OSM appears to be pushing for a public release by the end of 2012, although it is uncertain whether election year considerations may delay the process.
Regulation of coal ash placement in mines was specifically excluded from coal ash regulations proposed by the U.S. Environmental Protection Agency in June 2010. Many OSM-watchers speculate that the new mine placement regulations are based on a draft rule that was proposed in 2008, but never enacted.
Meanwhile, Congressman Ed Markey of Massachusetts – a leading coal ash opponent – wrote to the Office of Surface Mining complaining about the hazards of “toxic coal ash.” Rep. Markey’s news release is here.
ASTM E50 Members Urged to Vote on CCP Standards
ASTM has initiated balloting on four CCP-related standards that will close out in September. They are:
ASTM E2243 “Standard Guide for Use of Coal Combustion Products (CCPs) for Surface Mining Reclamation: Re-Contouring and Highwall Reclamation.”
ASTM E2278 “Standard Guide for Use of Coal Combustion Products (CCPs) for Surface Mine Reclamation: Revegetation and Mitigation of Acid Mine Drainage.”
Note that the two above standards are being balloted with no changes and will be reinstated if successful. Closing date for these two ballots is September 12, 2012.
ASTM E2201 “Standard Terminology for Coal Combustion Products.” Again, there are no changes to this standard and it will be reinstated if approved. Closing date for this ballot is September 19, 2012.
ASTM E2277 “Standard Guide for Design and Construction of Coal Ash Structural Fills.” This revision is the second draft being balloted. The previous draft received a number of comments and negatives votes, which have been addressed in this version. Closing date for this ballot is September 12, 2012.
ACAA urges all ASTM E50 members to respond in the affirmative to the reinstatement or approval of these standards.
Ward Receives ACAA Champion Award
John Ward was honored during the recent ACAA summer meeting as the recipient of the Association’s 2012 Champion Award. The award is selected by the Chair of the ACAA Board of Directors and presented to an individual or organization for extraordinary service to the cause of advancing beneficial use of coal combustion products.
Ward is Chairman of Citizens for Recycling First and President of John Ward, Inc. He also serves as Chairman of ACAA’s Government Relations Committee.
Mark Bryant, ACAA Board Chairman from 2008 to 2012, made this year’s selection. “John Ward has provided valuable counsel and guidance in our efforts to protect beneficial use of coal combustion products from proposed hazardous waste disposal regulations,” said Bryant. “He has been a key part of the coalition of stakeholders who have been calling attention to the unintended consequences of unwarranted hazardous waste rules for ash disposal. We have literally been in a fight for survival and John has been a true champion to our cause. He has been a tireless worker willing to do whatever is necessary to defend the CCP recycling industry.”
New Publication Schedule for ASH at Work
The latest issue of ACAA’s print magazine ASH at Work is now available online, and with it comes the announcement that the publication is increasing its frequency from two to three times per year.
Production of a summer edition is under way now. Companies interested in advertising in this or future editions of ASH at Work can obtain a new media kit from Alyssa Barto at Alyssa.Barto@acaa-usa.org.
Coal Ash in the News
Clean-up of the coal ash spill at the Kingston Power Plant is entering a new phase with a Tennessee Valley Authority report examining options for handling the ash that remains in the Emory and Clinch Rivers. The Chattanooga Times Free Press summarizes the options, as well as notes that removing all of the ash could expose “legacy pollution” from the nearby nuclear weapons facilities at Oak Ridge.
In India, they’re talking about using coal ash in concrete for dam construction.
Coal ash is not the only material receiving increased scrutiny by green building advocates concerned about the constituents of building products. This story highlights how “indoor air toxins” is becoming the latest buzz-phrase of some in the green building community. The movement has stimulated a vigorous response from the new American High-Performance Buildings Coalition, which includes more than two dozen major business and building products industries. A story about what that could mean for the U.S. Green Building Council’s LEED program is here.
From the “Other EPA Regulations” front: The Agency has delayed for a year development of regulations dealing with cooling water intake for power plants. EPA has also modified its recently released regulations for emissions from cement kilns, including a two-year extension of the compliance deadline.
Coal in the News
From the “Finally Someone is Reporting the Whole Story” Department: This item about emissions from coal-fueled power plants in North Carolina decreasing more than 70 percent in a decade. Cleaner coal is a reality.
ACAA Members in the News
Cement maker Argos is teaming with ACAA member CERATECH to offer carbon-neutral concrete mixes in major markets from the Carolinas to Texas. The story is here.
Government Relations Committee Chairman John Ward published an article in the National Coal Transportation Association’s magazine, Coal Transporter, entitled “Almost Four Years and Counting: Debate Over Coal Ash Regulation Drags On.”
New member Dawn Santoianni published this article in Scientific American concerning the challenges facing balancing coal and renewable energy on the nation’s electricity grid.
The Ash Development Association of Australia published the most recent edition of its Coal Ash Matters magazine.
Upcoming Events
The National Ready Mixed Concrete Association is seeking abstracts for the 2013 International Concrete Sustainability Conference, scheduled for May 6-8 in San Francisco. Abstracts can be submitted online through Friday, November 30.
Mark your calendars now for the American Coal Ash Association Fall Meeting to be held October 18-19, 2012, in Kansas City, Missouri. Location and registration information will be announced soon.
World of Coal Ash deadline reminder: Abstracts are due by November 1, 2012. The World of Coal Ash symposium will be held April 22-25, 2013, in Lexington, Kentucky. Visit the World of Coal Ash website for all of the details.
The Phoenix was sent to you from the American Coal Ash Association: info@acaa-usa.org.
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