WASHINGTON DC UPDATES
House to Vote on Coal Ash Bill in October or November
House Majority Leader Eric Cantor announced August 29 that HR 2273 – the “Coal Residuals Reuse and Management Act” – will likely be voted on by the full House of Representatives in October or November.
Majority Leader Cantor made the announcement in a memo to Republicans that outlines House legislative priorities for the fall. Congress will return from its August recess after Labor Day to an ambitious agenda focused on encouraging jobs and combating overreaching environmental and labor regulations.
Coal ash was included in a list of 10 regulations the Majority Leader contended were the “most harmful” to job creation. “By pursuing a steady repeal of job-destroying regulations, we can help lift the cloud of uncertainty hanging over small and large employers alike, empowering them to hire more workers,” Cantor wrote in his memo.
HR 2273 was approved by the House Energy and Commerce Committee on July 13 by a 35-12 bipartisan vote. The bill would prevent the U.S. Environmental Protection Agency from regulating coal ash disposal as a “hazardous waste” while simultaneously directing states to enact enforceable permit programs modeled after successful municipal solid waste programs.
HR 2273 was initiated in April when Rep. David McKinley (R-WV) filed another bill – HR 1391 – which simply would have prohibited EPA from regulating coal ash disposal as a “hazardous waste.” Following a subcommittee hearing on that bill which included testimony by the American Coal Ash Association, Members of Congress began to develop HR 2273’s more comprehensive approach that mandates a state-administered permit program to create enforceable requirements for groundwater monitoring, lining of landfills, corrective action when environmental damage occurs and structural criteria. The bill also provides that if a state is unable or unwilling to implement the permit program, the federal EPA would have authority to do so.
The complete text of Majority Leader Cantor’s memo can be found here and a news article about the House’s fall agenda is here. A news release by Rep. McKinley concerning the progress of the coal ash bill is here.
Coal Ash Makes Obama ‘Most Expensive Rules’ List
In a letter responding to a request by House Speaker John Boehner, President Barack Obama listed proposed coal ash disposal regulations as one of seven current federal regulatory efforts that could cost more than $1 billion per year to implement. The president’s letter tried to soften the blow by saying: “Of course, these rules are merely proposed, and before finalizing any of them, we will take account of public comments and concerns and give careful consideration to cost-saving possibilities and alternatives.”
The August 30 letter was in response to Speaker Boehner’s request of four days earlier. In that request, Speaker Boehner wrote: “This year, the administration’s current regulatory agenda identifies 219 planned new regulations that have estimated annual costs in excess of $100 million each… I was startled to learn that the EPA estimates that at least one of its proposed rules will cost our economy as much as $90 billion per year. The administration has not disclosed how many of the other 218 planned rules will cost more than $1 billion, nor identified these rules.”
Of the seven “over $1 billion per year” rules identified by the President, four have been proposed by the Environmental Protection Agency and three by the Department of Transportation. The coal ash disposal regulation annual cost was estimated to be between $600 million and $1.5 billion.
A news article about Speaker Boehner’s request can be found here and another article about the President’s response is here. The complete text of the President’s letter can be found here.
Still No Word on Additional Coal Ash Regulation Public Comment
The U.S. Environmental Protection Agency’s much anticipated Notice of Data Availability (NODA) that would seek additional public comment on new data related to EPA’s proposals for coal ash disposal still has not been released.
An EPA official testified during a Congressional hearing in April that publication of the NODA would occur “soon.” In early July, a draft of the NODA was delivered to the White House Office of Management and Budget for review. EPA has not publically disclosed the contents of the NODA or the scope of additional issues the Agency is seeking comment on. The NODA may address new information that the Agency has either received in public comments on its proposed regulations or has otherwise become aware of through activities and publications from other organizations.
ASSOCIATION NEWS
Fall Meeting in Indianapolis Less Than One Month Away
The Fall Meeting of the American Coal Ash Association will be held Monday and Tuesday, September 26 and 27, 2011, at the Indianapolis Hyatt Hotel. Committee and Board of Directors meetings will be held on Monday, followed by a welcome reception Monday evening. Tuesday’s agenda features a diverse slate of topical presentations, including a luncheon keynote address by Mr. Ken Zagzebski, President and CEO of Indianapolis Power & Light. The complete meeting schedule can be viewed here: MEETING SCHEDULE
Because of the unusually important nature of discussions planned for the Board of Directors meeting, all ACAA directors are strongly encouraged to attend the meeting in person. If it is not possible to attend in person, instructions for designating a proxy can be found here: I NEED A PROXY
Attendees are encouraged to pre-register for the meeting online by clicking here: REGISTRATION The cost is $50 per member and $250 per non-member and may be paid online by credit card. (Non-members whose companies join ACAA by December 27 can have $200 of the registration fee applied to their initial membership dues.)
Although the deadline for reserving guaranteed guest rooms has passed, the Indianapolis Hyatt is continuing to offer rooms at the group rate of $119 on a first come first served basis. Hotel reservations can be made online here: HOTEL RESERVATIONS Or you can make a reservation by calling 1-888-421-1442 and mentioning “Group Block AMCO” or “American Coal Ash Association.”
Women’s Leadership Forum Kicks Off in Indianapolis
An inaugural meeting of the American Coal Ash Association Women’s Leadership Forum will be held on Monday, September 26. All active women ACAA members are invited to attend a complimentary luncheon from 11:30 a.m. until 1:00 p.m. at the Indianapolis Hyatt Hotel. Separation Technologies is sponsoring the luncheon and additional sponsors are welcome.
The broad goals of the group are: a) develop ACAA women members for committee leadership and officer positions; b) introduce ACAA women members to other energy and building materials careers, meetings, opportunities and organizations to open career options and paths, and c) promote camaraderie among ACAA women members and other women in the government (EPA, DOT, Ag, Commerce), energy and the building materials fields. These goals will be reviewed and refined at the inaugural meeting, as well as finding a few women to organize and plan future events, meetings and speakers.
To assist in planning for the luncheon, attendees are requested to RSVP to Annely Noble at info@acaa-usa.org or 720-870-7897 no later than Monday, September 19.
The Phoenix Now Available Online
American Coal Ash Association’s digital newsletter The Phoenix is now available one more way. Current and past issues can be accessed online at the American Coal Ash Association website.
To access the newsletters, click on the “For Members” tab on the left navigation menu, then select either “Current” or “Previous” editions of Phoenix E-news.
COAL ASH IN THE NEWS
MIT Identifies Coal Ash Use as Key Greenhouse Gas Reduction Strategy
Coal fly ash use has been identified by researchers at the Massachusetts Institute of Technology as a key strategy for improving life-cycle costs and reducing emissions associated with concrete structures and paving.
In 2009, MIT established a research group called the Concrete Sustainability Hub. With support from the Portland Cement Association and the Ready Mixed Concrete Research and Education Foundation, the research group has now issued two major reports that provide Life Cycle Analysis of concrete. One report addresses concrete used in structures and the other addresses concrete used in paving.
Both reports specifically identify the value of fly ash in concrete with respect to long term cost and greenhouse gas emissions reductions. For instance, the paving report recommends that highway designers should: “Add more fly ash, a waste product scrubbed from the emissions of coal-fired power plants, to the concrete mix. This material is already widely used, but increasing its use could displace more cement powder, which is a highly energy-intensive material to produce.”
A summary of the paving report can be found here. Complete copies of both reports can be obtained from the Concrete Sustainability Hub website.
Oak Ridge Symposium Considers Impacts of Kingston Ash Spill
The Oak Ridge Associated Universities hosted a symposium August 2 and 3 in Harriman, Tennessee, to consider the latest scientific information on the coal ash spill at the Kingston power plant. It was the second such symposium since the December 2008 incident. Investigators presenting research represented teams from eight federal and state agencies, four environmental consulting firms, and 13 academic institutions.
The data presented generally indicated no serious impacts from the spill in the food chain. Researchers have collected and tested various species of indigenous insects, frogs, fish, turtles, birds, and raccoons. Researchers also looked into the presence of 26 elements in the samples collected as well as reproductive impacts. Sampling was performed at a wide variety of locations including upstream and downstream from the site of the spill. Several reports indicated discovery of legacy impacts from work done at the nearby Oak Ridge Laboratories.
ORAU maintains a website about Kingston-related research here. Presentations and posters from the most recent symposium are expected to be posted on the website soon.
Dramatic ‘Before and After’ Photos Show Kingston Recovery
Engineering News Record magazine in August published a detailed account of Tennessee Valley Authority’s two and one-half year effort to clean up the Kingston coal ash spill. The article includes a series of photos showing locations immediately after the incident and today. Click here for the article and here for the slide show.
Study Finds Lawrence, Kansas, Streets Last Longer with Fly Ash
An audit by the City of Lawrence, Kansas, has determined that road building practices that incorporate fly ash have resulted in longer lasting streets and fewer potholes.
Beginning in 2003, the city began using coal fly as to stabilize road bases beneath asphalt streets. The audit compared streets built in 2002 without the fly ash and streets built in 2003 with it. The report found that 76 percent of nonresidential streets built without the fly ash treatment had potholes. That compares to 41 percent of the streets that were built using fly ash. Roads built with fly ash stabilized bases also were estimated to last 25 percent to 40 percent longer before needing major maintenance.
A newspaper story about the study can be found here.
National Geographic Story Addresses Coal Ash Recycling
A major National Geographic news feature during October presented coal ash recycling as a safer alternative to disposal.
While the story made liberal use of the word “toxic” in its descriptions of coal ash, it was overwhelmingly supportive of a range of efforts to recycle the material. “The good news: Waste from coal power plants doesn't have to be a waste,” the article said.
The complete article can be found here.
ACAA MEMBERS IN THE NEWS
Charah CEO Wins Entrepreneur of the Year Award in Midwest
 Charah, Inc., President and CEO Charles Price was named the Ernst & Young 2011 Entrepreneur Of The Year for South Central Ohio & Kentucky in the Business Services category.
According to Ernst & Young LLP, the award recognizes outstanding entrepreneurs who demonstrate excellence and extraordinary success in such areas as innovation, financial performance and personal commitment to their businesses and communities. Mr. Price was selected by a panel of independent judges, and the award was presented at a gala event at the Hyatt Regency Cincinnati.
“I am honored to be recognized with this prestigious award," said Mr. Price. "Founded in 1987, Charah is one of the largest providers of ash management and power plant support services for the coal-fired electric utility industry. Our dedicated team assists utilities with all aspects of managing and recycling ash byproducts generated from the combustion of coal in the production of electricity, and strives to provide innovative solutions and superior service for this dynamic industry."
As a South Central Ohio & Kentucky award winner, Mr. Price is now eligible for consideration for the Ernst & Young Entrepreneur Of The Year 2011 National Award. Award winners in several national categories, as well as the overall Ernst & Young Entrepreneur Of The Year National Award winner, will be announced at the annual awards gala in Palm Springs, California, in November.
Ecologic Tech Named Finalist in Green Innovation Competition
Ecologic Tech was one of five companies named as finalists in the 3rd Annual Brinks Innovation Competition, a leading Midwest competition for entrepreneurs in clean and green technology that is sponsored by intellectual property law firm Brinks Hofer Gilson & Lione.
Companies submitting entries in the Brinks Innovation Competition, held annually in conjunction with the Midwest Clean Tech Conference, are required to provide solutions to global challenges in such areas as environmental technologies, renewable and alternative energy, infrastructure and community improvements, or green building science, and must offer competitive returns for investors and customers. Products, services and processes eligible for entry must improve and promote the productive and responsible use of natural resources, reduce or eliminate negative ecological impact and provide superior performance at lower costs compared to other approaches. Each entry was evaluated by a panel of experts representing regional universities, venture capitalists and business executives familiar with clean technology.
Ecologic Tech, based in Columbia, Mo., focuses solely on green technologies, utilizing fly ash and other innovative materials to create new products. The company is currently concentrating on solving problems in the building materials and biomass sectors. About 40 percent of the fly ash generated nationwide is used as a concrete ingredient or for constructing roadbeds, but the remaining 60 percent is unused and disposed of in landfills. Ecologic Tech manufactures bricks out of fly ash and the new brick technology will significantly increase fly ash recovery rates.
This year's finalists will present their clean technologies to an international audience of early-stage investors, researchers, entrepreneurs, venture capitalists and financiers focused on clean technologies, and corporate research and development and business development executives. Presentations are at Midwest Clean Tech on September 14 at the Federal Reserve Bank of Chicago. Information about the conference can be found here.
Upcoming Events
September 5
ACAA office closed for Labor Day
September 13
EPRI Program 78, Boston, MA
September 26 to 27
ACAA Fall Meeting, Indianapolis, IN
October 16 to 20
ACI Fall Convention, Cincinnati, OH
October 31 to November 3
ASTM E 50 Committees (Environmental Assessment), Tampa, FL
November 24 to 27
ACAA office closed for Thanksgiving.
December 4 to 7
ASTM C 09 Committees (Concrete and Concrete Aggregates), Tampa, FL
December 23 to 26
ACAA office closed for Christmas.
December 30 to January 2, 2012
ACAA office closed for New Years.
January 30 to 31, 2012
ACAA Winter Meeting, Tampa, FL
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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