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ACAA Testifies Before Congressional Subcommittee…

American Coal Ash Association Executive Director Thomas Adams testified April 14, 2011, before the House Energy & Commerce Committee's Subcommittee on Environment and the Economy regarding “Fossil Fuel Combustion Waste Regulation.”

The subcommittee scheduled the hearing to discuss bills filed a week earlier by Representative David McKinley (R-WV) and Representative Bob Latta (R-OH) that would prohibit the U.S. Environmental Protection Agency from designating coal ash a "hazardous waste" under Subtitle C of the Resource Conservation and Recovery Act. (See story below regarding the bills.)

Adams was one of seven witnesses invited to testify at the hearing.

“When EPA proposed a potential ‘hazardous waste’ designation for coal ash a year ago, the Agency cast a cloud over our recycling effort that has already caused coal ash users across the nation to decrease their specification and use of the resource,” said Adams. “Simply put, people do not want to undertake the potential liabilities or risks of using a material that would be considered ‘hazardous waste’ on the property of the people who produced it. Now it appears that EPA does not intend to finalize its proceedings for many more months or possibly years. Mr. Chairman, we have members who may not survive the wait.”

Adams used his testimony to rebut claims by environmental activists that there is no evidence of stigma associated with a “hazardous waste” label and that a “hazardous” designation will lead to increased recycling rates. He also reviewed benefits associated with the beneficial use of coal ash, pointing out that “in the decade from 1999 to 2009, our nation successfully recycled 519 million tons of coal ash – some 38 percent of the 1. 35 billion tons of coal ash produced. We decreased greenhouse gas emissions by more than 138 million tons during that period through the use of fly ash in concrete products. In 2009 the recycling rate for coal combustion products was 44 percent.”

Other witnesses included:

• Mathy Stanislaus, Assistant Administrator for the U.S. Environmental Protection Agency’s Office of Solid Waste and Emergency Response. Stanislaus provided background on EPA’s current coal ash disposal rulemaking and was questioned sharply by members of Congress concerned about EPA’s proposals, especially the Agency’s failure to consider jobs in its analysis of regulatory impacts.
  
  
• Ari S. Lewis, a toxicologist with Gradient corporation. Lewis testified that regulation of coal ash as “hazardous waste” lacks a sound scientific basis, would provide very little public health benefit and is not warranted.
  
  
• Dawn Santoianni, a senior engineer with Veritas Economic Consulting. Santoianni testified that EPA grossly underestimated the economic costs of “hazardous waste” regulation and failed entirely to consider the costs to the beneficial use sector.
  
  
• Mary T. Zdanowicz, executive director of the Association of State and Territorial Solid Waste Management Officials. Zdanowicz testified that state environmental regulatory officials oppose a “hazardous waste” designation for numerous reasons, including the fact that the stigma of such a designation will impair beneficial use.
  
  
• Lisa Evans, senior administrative counsel for Earthjustice, testified in favor of a “hazardous waste” designation.
  
  
• Curtis Havens, a resident of Chester, West Virginia, testified regarding his experience living near a coal ash disposal impoundment.

Complete copies of the hearing testimony are available here on the House subcommittee web site. A video playback of the hearing is available on YouTube here.

…As Bills Are Filed to Block “Hazardous Waste” Designation

Two bills that would prohibit the U.S. Environmental Protection Agency from labeling coal ash as “hazardous waste” were filed April 6, 2011. The bills would not prevent EPA from improving ash disposal standards under the agency’s already proposed non-hazardous regulatory approach, which calls for the same landfill improvements and gets them implemented faster.

The first bill – HR 1391 – was introduced by Rep. David McKinley (R-WV).  Entitled the “Recycling Coal Combustion Residuals Accessibility Act of 2011’’ or the ‘‘RCCRA Act of 2011,’’ the bill attracted 10 Republican and three Democrat original co-sponsors. The bill now has 33 co-sponsors and members of Congress continue to sign on.

Rep. McKinley is the Congressman who succeeded in passing an amendment to a short-term spending bill in February that would have blocked EPA funding for regulating coal ash as a “hazardous waste.” For a complete copy of the most recent bill, as well as a current list of co-sponsors, click here. To see Rep. McKinley’s floor speech introducing the bill, click here. To read an editorial about the bill authored by the Congressman, click here.

The second bill – HR 1405 – was introduced by Rep. Bob Latta (R-OH). In his news release announcing the bill, Rep. Latta said a move to regulate coal ash as a hazardous waste would stifle the beneficial uses of recycled coal ash and would force more ash to landfills. For a complete copy of this bill, click here.

Based on a unanimous vote by the ACAA Executive Committee, American Coal Ash Association was listed among more than 40 organizations and companies that endorsed Rep. McKinley’s bill before it was filed.  Representative McKinley is continuing to gather endorsements. Any company or organization that would like to be included on future lists of endorsers may contact ACAA Government Relations Committee Chairman John Ward wardo@wardo.com.

EPA Discloses Need for Additional Coal Ash Public Comment

During his testimony at the April 14, 2011, Congressional committee hearing on coal ash, a U.S. Environmental Protection Agency division leader said the Agency will likely seek additional public comment on its evaluations of coal ash risks and economic impacts of proposed regulations.

“EPA plans to issue a notice of data availability in the next month or so to provide the public an opportunity to comment on certain information and data we have received during the public comment period,” said Mathy Stanislaus, Assistant Administrator for EPA’s Office of Solid Waste and Emergency Response, in response to questioning by a member of Congress.
An EPA spokesman later told reporters the agency expects to issue in the Federal Register a Notice of Data Availability (NODA) for public comment containing new information that EPA has either received in public comments on its proposed rule, or otherwise has become aware of through activities and publications from other organizations.

The NODA is expected to address at least two sections of EPA’s June 2010 proposed rule for coal ash disposal regulation. The Agency’s health Risk Assessment and Regulatory Impact Analysis were both extensively criticized during the public comment period that ended in November 2010.

Environmental activists are pushing for consideration of additional materials, such as hexavalent chromium, in the Risk Assessment. Other groups have commented that the Risk Assessment significantly overstates risks associated with coal ash and coal ash disposal. The Regulatory Impact Analysis has come under fire for failing to consider impacts on employment or on “indirect” activities such as the beneficial use of coal ash.

EPA has already publicly stated that it will not propose a Final Rule before 2012 at the earliest. Agency officials cite the more than 450,000 public comments received about the proposed rule as a reason for the long schedule. EPA also has no legislative or judicial deadline to do anything pertaining to coal ash regulation.

Coal Ash Mine Placement Rulemaking Resumes

Officials of the U.S. Department of Interior’s Office of Surface Mining, Reclamation and Enforcement have indicated that they are resuming development of proposed regulations governing placement of coal ash in mines.

Mine placement is a coal ash use that was not included in U.S. Environmental Protection Agency’s 2010 proposed rulemaking for coal ash disposal.  Regulation of the mine placement was specifically delegated to the Office of Surface Mining.

Previously, OSM planned to wait until the EPA had finished its rulemaking on coal ash disposal at utilities before publishing its own rule.  However, now that EPA has indicated that its proposed final rule will not be issued anytime soon, OSM has decided to advance its own regulation on a schedule independently of the EPA rulemaking.

In late summer 2008, OSM had drafted a coal ash mine placement rule that was sent to the White House Office of Management and Budget for interagency review.  After the November 2008 election, OMB returned the rule to OSM with instructions to resubmit it under the incoming Obama administration.

OSM will resume activities by continuing work on its environmental assessment to determine whether or not the agency will conduct a full Environmental Impact Statement on the rule.  OSM received about 1,900 comments on its previous draft proposal in 2008, many of which suggested that the agency must prepare an EIS for this rule.

Although OSM has no deadline for publishing a rule, a proposal is not anticipated until spring 2012 at the earliest.

EPA Inspector General Suggests New Standard for Endorsements

A report issued by an office of the Environmental Protection Agency slammed the Coal Combustion Products Partnership (C²P²) program for promoting beneficial use of coal ash without performing detailed risk assessments.

The report issued March 23, 2011, by the EPA Office of Inspector General was undertaken in response to actions by an anti-coal environmental group, Public Employees for Environmental Responsibility (PEER).  PEER has openly attacked all beneficial uses of coal combustion products. The Inspector General’s report did not conclude that beneficial use of coal ash was in any way unsafe, but did recommend that the agency undertake “risk evaluations” for all beneficial uses of coal combustion products – even those applications that have never been alleged to damage the environment in any way – before promoting them.

EPA’s Inspector General said the study was intended to “determine whether the U.S. Environmental Protection Agency (EPA) followed accepted and standard practices in determining that coal combustion residuals (CCRs) are safe for the beneficial uses it had promoted on its Coal Combustion Products Partnership (C²P²) program website.”  EPA unilaterally suspended the C2P2 program in May 2010 without notifying any of the other federal agencies or industry participants in the partnership – including the American Coal Ash Association.

The Inspector General report concluded that “EPA did not follow accepted and standard practices in determining the safety of the 15 categories of CCR beneficial uses it promoted through the C2P2 program. EPA’s application of risk assessment, risk screening, and leachate testing and modeling was significantly limited in scope and applicability.”  The report recommended that EPA should “define and implement risk evaluation practices for beneficial uses of CCRs, and that it determine if further action is warranted to address historical CCR structural fill applications.”

The report can be downloaded from EPA’s website here.

Turbulent Times for Energy and Environment in DC

Consideration of potential coal ash disposal regulations is taking place as energy and environment policy discussions in Washington DC become increasingly turbulent.

The Republican House of Representatives has made the Environmental Protection Agency a frequent target of oversight hearings and legislative activity. This Politico story discusses how the anti-EPA sentiment played out during recent budget controversies. This story discusses the strained relations between the Obama Administration and environmental activist groups that feel let down by the Administration’s performance on their issues so far.

Meanwhile, other baseload energy resources widely perceived as lower carbon emitting alternatives to coal are facing their own mounting problems. The natural gas industry has been stung by a series of accusations regarding the environmental safety of drilling operations and a new study that alleges methane emissions released by drilling may erase the greenhouse gas emissions advantage natural gas is perceived to have over coal. See New York Times stories about those controversies here and here. Nuclear power generation is also facing increased scrutiny in light of the disaster at the Fukushima nuclear station in Japan. This Politico story examines the political interplay between the competing energy resources.

ASSOCIATION NEWS

World of Coal Ash Kicks Off May 9 in Denver

There is still time to register for the biennial World of Coal Ash to be held May 9-12, 2011, in Denver. This major event attracted 537 American and international attendees when it was last held in 2009.

The $159 per night group room rate at the conference hotel has been extended until April 25. Click here to register for the symposium and here to reserve a room at the Marriott Denver Tech Center.

Exhibit space is sold out, but sponsorships are still available. For information on sponsorships, contact Annely Noble by email info@acaa-usa.org or phone at 720-870-7897.
Detailed information about the symposium, including speaker agendas, can be found here. The popular Short Course, “The Science of Ash Utilization,” will be held on Monday, May 9, with two tracks of classes, including breakfast and lunch.

Although onsite registration for the Short Course will be available, onsite classroom materials will be limited, so pre-registration is encouraged.

Registration Open for Spring ACAA Meeting May 9

ACAA’s spring committee meetings will be held Monday, May 9, in Denver, Colorado – just prior to the commencement of the World of Coal Ash Symposium. The meetings will be held at the Marriott Denver Tech Center, which is also the host hotel for the World of Coal Ash. Registration for the committee meetings is now open here.

Because lunch will not be served, there will be no registration fee for the spring committee meetings.

Save the Date for Fall Meeting in Indianapolis September 26-27

ACAA’s fall committee meetings and program will be held in Indianapolis, Indiana, Monday, September 26, through Tuesday, September 27, 2011.

Hotel logistics are being finalized now and will be publicized in a future edition of The Phoenix.

Springtime is the Best Time for Membership Recruitment

The upcoming World of Coal Ash symposium provides an ideal opportunity to encourage people interested in coal ash to join the American Coal Ash Association.

ACAA offers a variety of member categories and welcomes coal ash industry participants from all sectors. More information about the member categories and the benefits of membership, along with application forms, can be found here.

ACAA members who know people who may appreciate an invitation to join should contact Harry Roof at the ACAA offices, 720-870-7897.

Bottom Ash and Government Task Teams Open for Participation

Two active task teams are open for participation by any interested ACAA members.

The Bottom Ash Task Team is developing responses to claims by some regional lightweight aggregate manufacturers that bottom ash is not appropriate for use as an aggregate in masonry units. These manufacturers allege that bottom ash creates unsightly staining, requires higher cement contents for equivalent strength, and may be “hazardous waste.” Anyone interested in assisting the task team should contact the team’s chairman, Danny Gray dgray@charah.com of Charah.

The Government Relations Committee is coordinating activities related to regulatory and legislative developments in Washington DC. The committee meets by conference call every two to three weeks. To join the committee and receive notifications of all conference calls and activities, ACAA members should send an email to info@acaa-usa.org.

COAL ASH IN THE NEWS

Missouri Research Focuses on High Volume Fly Ash Utilization

A researcher at Missouri University of Science and Technology is leading a study to increase the amount of fly ash used in concrete. The project undertaken with the Missouri Department of Transportation is focused on developing guidelines for the proper application of high-volume fly ash concrete in bridges, roadways, culverts, retaining walls, and other transportation-related infrastructure components.

"Traditional specifications limit the amount of fly ash to 35 or 40 percent cement replacement," says Jeffery Volz, assistant professor of civil, architectural and environmental engineering at Missouri S&T. "Recent studies have shown that higher cement replacement percentages - even up to 75 percent - can result in excellent concrete in terms of both strength and durability."

More information about the project, including a video, can be seen here.

New York Research Focuses on Cenospheres for Auto Manufacturing

A Polytechnic Institute of New York University researcher proposes to use coal fly ash cenospheres as raw materials for constructing lighter weight electric cars.

The research team is working on a proprietary technology to use cenospheres to make a gasoline- or diesel-powered car at least 10 percent lighter. Researchers said the weight of electric cars can be further reduced by making their batteries 20 to 30 percent lighter, thus extending their range.

A Scientific American story about the research effort can be found here.

Concrete Joint Sustainability Initiative Launches Website

The website of the Concrete Joint Sustainability Initiative (CJSI), a unified group of 27 concrete associations, is an online source for information about sustainable construction practices utilizing concrete.

The website includes theory and application, delving into where and how ideas are being applied as well as the facts behind the claims. Site visitors will discover case studies, research findings, and data reports on concrete sustainability as well as have the ability to sign up for ”SUSTAIN l Concrete Joint Sustainability Initiative e-News and Views”. This newsletter provides recipients with timely information on concrete industry events and news 6 times a year.

Visit the Concrete Sustainability website by clicking here.

New Gypsum Manual Published by ASTM

ASTM International has published a new manual entitled Gypsum: Connecting Science and Technology that bridges the gap in the literature between academic papers that deal with narrow subjects and applications. The manual features ten comprehensive chapters that cover:

• Gypsum science—background, history, origin, properties, and processes
• Technology—manufacturing, types, advantages, installation

It also addresses how the utilization of gypsum is affected by several overall technical factors, including:

• Structural Effects
• Effects of Water
• Effects of Hydrated Lime
• Effects of Hydration Stage
• Plaster vs. Gypsum Board

Copies of the manual can be obtained on the ASTM website here.

ACAA MEMBERS IN THE NEWS

Charah Receives Entrepreneurial Award in Louisville

Charah, Inc., a leading ash management provider for the coal-fueled electric utility industry, was presented the second ever “Innovation and Commercialization Center (ICC) Client of the Year Award” by ENTERPRISECORP, the division of Greater Louisville Inc. that specializes in developing the region’s fast-growth entrepreneurial sector.

The organization’s annual Signature Event was highlighted by a keynote address from Mayor Greg Fischer and a presentation of ENTERPRISECORP’s plans for developing the entrepreneurial sector. The event also recognized newly-selected companies to the High Impact Portfolio and announced the Vogt Award winners.

The Louisville ICC, run through ENTERPRISECORP, is part of a statewide network of offices throughout the Commonwealth. The ICC focuses on helping Kentucky entrepreneurs, scientists and engineers perfect their business strategies in order to build successful high-tech businesses throughout Kentucky.

Charah has been a client of the Louisville ICC since 2005. When the company moved from Madisonville, Ky. to Louisville in 2004, Charah was in a 6000-sq-foot office condominium with fewer than 20 employees. Today, Charah has created 150 jobs and tripled the size of its newly built corporate headquarters meeting Leadership in Energy and Environmental Design (LEED) program requirements. In 2010, Business First named Charah the second-fastest growing privately-owned company in Greater Louisville.

Founded in 1987, Charah, Inc. is one of the largest providers of ash management and power plant support services for the coal-fueled electric utility industry. Based in Louisville, KY, Charah assists utilities with all aspects of managing and recycling ash byproducts generated from the combustion of coal in the production of electricity. Services include landfill construction, operations, management & closure; fly ash, bottom ash, Gypsum & FGD byproduct management; coal combustion product (CCP) sales & marketing; power plant support services including limestone supply, gypsum operations and wastewater treatment; ash pond conversion & closure; dry fly ash conversion; ash pond management; and Integrated Gasification Combine Cycle (IGCC) slag beneficiation and other innovative solutions. For more information, visit www.charah.com.

Welcome New Members

Waste Management, an ACAA Marketing (M) Voting member, manages CCP materials from the utility industry in several ways including utilizing CCP products for the stabilization of materials at their solid waste and hazardous waste landfills. Both FGD and CCP are placed in their landfills for temporary storage or disposal. CCP is used for daily cover at the landfill and is also used for the absorption of damp materials that may be placed in the landfill. Waste Management’s primary and alternate points of contact will be Jerry Brumert and Dale Davis. As a voting member company, Mike Silvertooth has been appointed to serve as a director on ACAA’s Board of Directors. Please click here to be directed to Waste Management’s website.  

Agru America, Inc., an ACAA Associate member (AS), produces a wide variety of geopolymer membrane products and has production facilities located in Georgetown, SC and Fernley, NV, where an extrusion calendering process produces the industry’s finest quality HDPE and LLDPE Geomembrane products.  Agru America has been an exhibitor at WOCA 2007 and 2009 and will be an exhibitor at this year’s WOCA as well. Dee Strong will be the primary point of contact. Please click here to be directed to Agru America, Inc.’s 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.