REGISTER NOW FOR KEY COAL ASH MEETINGS IN FEBRUARY AND MAY

ACAA’s Winter Meeting and the biennial World of Coal Ash symposium are just around the corner and registration is now being accepted. Diverse and informative agendas are being planned for both events.

“Our last two Association meetings were devoted to the unprecedented effort that went into preparing comments for the Environmental Protection Agency’s coal ash disposal rulemaking,” said Thomas Adams, executive director of ACAA. “With the public comment period now closed, we can turn part of our attention back to the core mission of ACAA – advancing the management and use of coal combustion products.”

The ACAA Winter Meeting will be held at the MGM Grand Hotel in Las Vegas February 1 and 2, 2011. Hotel reservations can be made by contacting the hotel directly at 1-800-929-1111. Mention group name American Coal Ash Association and "AMERI0111" when reserving to obtain a discounted room rate of $109. On-line registration and more information about the meeting is available on the ACAA web site here. Please click here to view agendas for both days. All meeting attendees are encouraged to pre-register to assist in planning for meeting rooms and refreshments.

The biennial World of Coal Ash will be held May 9-12, 2011, in Denver. This major event attracted 537 American and international attendees when it was last held in 2009. Exhibit Booth space is still available by contacting ACAA at 720-870-7897 or info@acaa-usa.org. (Exhibitors will receive one complimentary and two reduced rate full conference registrations as part of their exhibit fees.) Discounted early bird registration will be available through April 1, 2011. More detailed information about the conference can be found here.

HELP EXPAND TOOLS FOR USE IN ONGOING EPA REGULATORY DEBATE

ACAA members and allies are encouraged to submit materials to two user-friendly databases that will be useful as the EPA coal ash disposal rulemaking process continues.

The Utility Solid Waste Activities Group has established an online archive here that catalogs public hearing testimony and comments in opposition to a Subtitle C hazardous waste designation for coal ash. The USWAG database is far more accessible than wading through hundreds of thousands of comments in the formal EPA public comment docket. Anyone whose EPA comments are not already included in the USWAG database is encouraged to send a copy to Jim Roewer at jim.roewer@uswag.org so that their comments can be added.

Additionally, Citizens for Recycling First has established an on-line archive here that focuses specifically on examples of hazardous waste stigma affecting coal ash recycling efforts. Anyone with specific stigma examples is encouraged to send them to John Ward at ward@recyclingfirst.org.

Both web sites are accessible to everyone and may be freely used as references during coal ash regulatory discussions.

EPA DELAYS SOME KEY RULEMAKINGS…

The U.S. Environmental Protection Agency has delayed actions on two high profile regulations that it has under development, saying it needs more time to fully consider technical issues and information submitted during public comment periods.  The Agency has not, however, officially given any timetable for moving forward on coal ash disposal regulations it has proposed.

First, EPA announced that it was delaying by more than a year action on new emissions rules for industrial boilers and incinerators. Then, only a day later, the Agency announced it would delay action by six months on national air quality standards for ozone, also known as smog.

For news stories about the delays in The New York Times, and Politico, check here and here.

When announcing the delay of the industrial boilers regulations, EPA officials cited the need to fully consider the approximately 4,800 public comments it had received on that matter. By comparison, it is estimated that EPA has received more than 200,000 public comments on its proposed regulations for coal ash disposal.

The Agency is under court orders to issue new industrial boilers and ozone rules.  EPA is asking the courts to extend its deadlines from December 2010 to July 2011 in the case of the ozone rules and from January 2011 to April 2012 in the case of the industrial boilers rules.

In contrast, EPA has no requirement from Congress or any court to do anything about coal ash.  The Agency has made no public announcements regarding its schedule for finalizing the coal ash disposal regulations it has proposed.

…WHILE MOVING AHEAD ON GREENHOUSE GAS EMISSIONS

January 2 marked the first day of the U.S. Environmental Protection Agency’s regulation of greenhouse gas emissions. The Agency has also announced its schedule for adopting further rules and its intention to crack down on states that are refusing to comply with the controversial regulations.

Regulations taking effect during 2011 require power plants, refineries and factories that emit more than 75,000 tons of greenhouse gases annually to use Best Available Control Technology when expanding or undergoing major refurbishment of facilities. These entities also must begin reporting their greenhouse gas emissions levels to EPA.

In announcing its schedule for additional rulemaking, EPA said it would propose performance standards for new and refurbished power plants next July, with final rules to be issued in May 2012. Proposed emissions standards for new oil refineries will be published next December, with the final rules due in November 2012. Rules for existing plants would come later.

EPA also signaled its intention to take over permitting programs in 13 states that are refusing to adopt the federal agency’s regulatory approach. Federal greenhouse gas emissions regulations are currently the subject of numerous lawsuits and increasing scrutiny by Congress. For New York Times stories about the regulations and the controversy surrounding them, check here and here. For a Politico analysis of likely Congressional action on the topic, check here.

U.S. COAL USAGE KEEPS GROWING

Despite popular news media accounts that imply the imminent demise of coal as an energy resource, coal continues to serve as the foundation of electricity supply in the United States.

The Energy Information Administration (EIA) has released the early review of its Annual Energy Outlook 2011. The EIA expects total U.S. coal consumption to increase from 19.7 quadrillion Btu in 2009 to 25.2 quadrillion Btu in 2035.  Coal consumption for electricity generation increases gradually throughout the projected period from using existing plants more intensively and from the few new plants already under construction.  EIA does not project any new central station coal-based power plants beyond those already under construction.

Non-hydro renewables and natural gas are the fastest growing fuels used to generate electricity.  EIA expects the generation share of renewables will rise from 11 percent in 2009 to 14 percent in 2035 in response to Federal tax credits in the near term and State requirements in the long term. Coal’s share of the generation mix is expected to remain the largest, however, at 43 percent of electricity generation in 2035.

New installations of coal fueled electricity generating capacity during 2010 were more than twice the amount of new wind capacity additions. For an EnergyBiz story comparing coal and wind capacity additions, check here.

PENNSYLVANIA APPROVES COAL ASH FOR MINE RECLAMATION

Pennsylvania’s Environmental Quality Board has approved final regulations allowing the beneficial use of coal ash in reclaiming abandoned mine lands.

According to the new regulation, “There are hundreds of thousands of acres of mine lands in this Commonwealth that need to be reclaimed. These lands contain many dangerous pits and highwalls that have caused the deaths of numerous citizens over the years. The use of coal ash to reclaim these mines eliminates the dangers associated with the open pits and highwalls and restores a safe environment. Reclamation also restores positive drainage to watersheds by allowing rain water to flow on the surface to streams, rather than infiltrating into spoil or deep mines from which it discharges as acid mine drainage. Reclamation of these lands cannot be accomplished fully through Federal and State funds that are currently available for this purpose. Therefore, a program that allows for the beneficial use of coal ash for mine reclamation in an environmentally responsible manner will allow for the continued reclamation of mine sites and protect the public health and safety and the environment.”

The final rule provides for increased coal ash monitoring to ensure coal ash meets qualification criteria; increased water quality monitoring for a longer duration to create a robust dataset to facilitate the evaluation and documentation of water quality at sites where coal ash is beneficially used; a requirement for minimum number of monitoring wells to characterize the groundwater or other water quality points; a requirement for recording a landowner consent for placement of coal ash for beneficial use; improved reporting requirements to track volumes and location of sites where coal ash is beneficially used; consistent operational and monitoring standards for all types of beneficial use; a centralized process to qualify coal ash for beneficial use at mine sites; an annual fee payable to the Department to offset some of its costs for coal ash and water quality sampling and testing at mine sites where coal ash is beneficially used; and requirements for the storage of coal ash including provisions for design and operations.

A complete copy of the regulation can be found here.

TVA TO INSTALL SYNTHETIC LINER IN KINGSTON GYPSUM POND

On December 15, a small leak was identified in the gypsum pond at the Kingston Power Plant facility. Tennessee Valley Authority identified the leak during routine inspection and immediately notified the state and the U.S. Environmental Protection Agency and began repairs.

The Tennessee Department of Environment & Conservation has sent TVA an order outlining the repairs expected to the pond. TVA will comply with TDEC’s order to install a synthetic liner in addition to the existing clay liner on the gypsum pond.

With the additional liner, TVA said it should be able to meet new U.S. Environmental Protection Agency requirements expected in coming years.

While TVA is adding the liner to the pond, the scrubbers used at Kingston to remove sulfur dioxide from the flue gases will not operate. All flue-gas emissions will go out the two tall stacks at the fossil plant site, just as they had before the scrubbers went into service in 2009 and 2010. The plant will meet all air permit requirements during this bypass operation.

The existing impoundment, built in 2006, can hold up to 5.7 million cubic yards of gypsum, and its surface area is about 50 acres. Because the area has been in use for only a short time, it contains about 22,000 cubic yards of material, which had settled in the far end of the pond away from the leak.

The leak that occurred was from an area where no gypsum is stored. The water that leaked from the impoundment last week appeared to be clean water ready for discharge. Samples have been taken to confirm this. No reportable quantity of any pollutant was released.

The small leak occurred at the bottom of a depression in the clay liner. The depression was about 1 foot by 2 feet across and about 1 foot deep.

FGD GYPSUM FEATURED IN FARM JOURNAL ARTICLE

The largest national U.S. farm magazine published an article in December describing the benefits of using synthetic gypsum from coal fueled power plants on corn and soybean farms.

ACAA member Beneficial Reuse Management figured prominently in the article in Farm Journal. The article also discusses research by Purdue University and leading seed companies, as well as the experience of farmers who have been using synthetic gypsum for years.

Quoted in the article, Ron Chamberlain, director of gypsum programs for Beneficial Reuse Management, said: “With gypsum, the soil structure becomes more spongelike, so even tight clay soils readily absorb water and move it down through the soil profile, rather than allowing it to pond or run off.”

A complete copy of the article can be found here.

CALL FOR ABSTRACTS – CONCRETE SUSTAINABILITY CONFERENCE

The National Ready Mixed Concrete Association is seeking abstracts for the 2011 International Concrete Sustainability Conference scheduled for August 9-11, in Cambridge (Boston), MA, at the Hyatt Regency Cambridge and the Massachusetts Institute of Technology Campus.

The 6th annual conference will provide learning and networking opportunities on the latest advances, technical knowledge, continuing research, tools and solutions for sustainable concrete manufacturing and construction.

Suggested topics include the latest developments related to design, specifying, manufacturing, testing, construction, maintenance, and research of concrete as it relates to sustainability:

• Low Impact Development
• Urban Heat Island Reduction
• Carbon and Energy Footprint
• Life Cycle Assessment
• Green Concrete
• Recycled Materials
• Performance-based Concrete
• Government and Private Initiatives

Abstracts can be submitted online here by January 31, 2011. The 2011 International Concrete Sustainability Conference is being held in conjunction with the MIT Concrete Sustainability Hub 2011 Industry Day scheduled for August 11, 2011. Registrants and speakers at the Concrete Sustainability Conference will have the privilege of attending both events.

FEDERALIST SOCIETY DISCUSSES EPA ASH REGULATION

A paper published in the December issue of the Journal of the Federalist Society provides a well-reasoned overview of the Environmental Protection Agency’s proposals for regulating the disposal of coal ash.

The Federalist Society for Law and Public Policy Studies is a group of conservatives and libertarians interested in the current state of the legal order.  According to the organization, it is founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be.

The paper discussing coal ash regulation gives background on the origins of the regulatory proposals and outlines several “issues of concern.” Issues of concern include federal attitude toward state regulators, stigma against use of coal ash under a hazardous waste approach, EPA’s own test procedures failing to justify a hazardous waste approach, unnecessary cost, and impact on small business.

To obtain a copy of the complete paper, click here.

ACAA MEMBER NEWS

In Memoriam

Michael David Bryant, brother of American Coal Ash Association Chairman Mark Bryant, passed away December 4, 2010, at his home in Carbondale, Illinois. He was 50 years old.

David was a lifelong resident of Carbondale, where he was a respected, successful and hardworking small businessman, operating a rental property business catering to college students and young professionals. Always the consummate professional, David learned his craft honestly through years of hard work eventually evolving into a fine craftsman and builder. David was a devout husband and father and loyal brother and friend. He enjoyed spending most of his free time with family, traveling and supporting his children at one of their school, sports or life events.

Memorial contributions may be made to the Susan G. Komen Breast Cancer Foundation ww5.komen.org/Donate/Donate.html.

ACAA Members in the News

Tracy Kaminsky has joined the staff of the American Coal Ash Association as an Office Assistant. She will work in the Association’s Aurora, Colorado, headquarters maintaining databases for ACAA and the World of Coal Ash, assisting with travel arrangements and registration activities for conferences, maintaining the Association’s technical libraries, answering phones and generally helping wherever needed. Welcome, Tracy!

Jenny Hitch, a longtime ACAA member and former Technical Committee chair, was honored at the December meeting of ASTM Committee C09 for her receipt earlier this year of the ASTM International Award of Merit.

The Award of Merit is ASTM's highest recognition for individual contributions to standards activities. A member of ASTM International since 1991, Hitch was honored for her outstanding contributions to the development of ASTM standards and for her leadership in the operations of ASTM Committees C09 on Concrete and Concrete Aggregates and D18 on Soil and Rock. She is active on several other committees as well, including C01 on Cement; C27 on Precast Concrete Products; D04 on Road and Paving Materials; D34 on Waste Management; E06 on Performance of Buildings; E50 on Environmental Assessment, Risk Management and Corrective Action; and E60 on Sustainability.  She currently serves as C09 membership secretary and chairs the groups on strategic planning (C01.90.01) and supplementary cementitious materials (C09.24). 

Hitch has been honored with several other ASTM awards, including three Standards Development Awards, the Technical Editors Award, a Special Service Award, and the A. Ivan Johnson Outstanding Achievement Award, all from Committee D18, and the Award of Appreciation from Committee C09.  She also received the Award for Excellence in Symposium and Publication Management from the ASTM Committee on Publications, where she served a six-year term from 2000-2006.

Hitch is also active in the American Concrete Institute. She currently serves as Market Promotion Director for the Northwest Region of the Portland Cement Association.

Headwaters Plant Services is the name of a new business unit launched by ACAA Member Headwaters Inc. that will focus exclusively on utility and industrial services such as coal ash management and disposal.

The new business unit will draw personnel and expertise from Headwaters’ existing utility and industrial services practice. Headwaters has more than three decades experience designing, permitting, constructing, operating and closing solid waste disposal operations for coal fueled utilities and other industrial clients.

Headwaters Resources Senior Vice President Mike Adams has been selected to oversee operations of Headwaters Plant Services. Adams has served as amarketing and operations officer for Headwaters Resources and its predecessor companies for more than 30 years.

“The complexity of coal ash disposal operations will increase as new environmental regulations are adopted and many utilities will be forced to upgrade disposal practices or convert to new types of disposal altogether,” said Adams. “Many engineering firms are qualified to design safe and compliant disposal facilities. But Headwaters can offer unparalleled expertise in ensuring that new facilities are designed in a way that maximizes efficiency for both operations and potential recycling activities.”

Headwaters has extensive experience conducting landfill operations and pond cleanouts, converting disposal operations from wet to dry handling, designing and managing systems for handling flue gas desulphurization materials, deploying systems for improving coal ash quality to make it suitable for marketing, and more.

“Many people who know us as a prominent marketer of coal ash for beneficial uses are not aware that our company also has a long history providing ash management and disposal services,” said Bill Gehrmann, president of Headwaters Resources. “As the complexity of managing coal ash increases, Headwaters offers the vision, experience, and capabilities to create comprehensive disposal and marketing programs for utilities and industrial facilities of all sizes. Headwaters Plant Services expects to provide valuable tools for complying with changing disposal regulations while developing options for increasing the safe beneficial use of coal ash.”

With on-going projects at 103 utility locations and approximately 20 million tons of coal combustion products under management annually, Headwaters Resources is the largest manager of coal ash resources in the United States. Headwaters Resources is also responsible for more than half of the nation’s total sales of coal fly ash for use in concrete applications – an important contributor to reducing greenhouse gas emissions associated with concrete construction.

Welcome New Members!
ACAA welcomes the following new members to the Association:

EnergySolutions, an ACAA Associate (AS) category member, provides a wide range of services for a diverse spectrum of clients from environmental clean-up projects to the operation of nuclear power plants. Energy Solutions is interested in the forthcoming new EPA CCR regulations.  Please click here to visit EnergySolutions’ website for more information. Mr. Peter P. Fote will be ACAA’s primary point of contact; Mr. Brett Hickman will be ACAA’s alternate point of contact.

Stantec Consulting Services, Inc., an ACAA Associate (AS) member, provides consulting services to public and private energy sectors, assisting in the management of CCPs, including planning, environmental risk, facility design, plant operations, regulatory compliance, marketing/beneficial reuse, construction support and economic analysis. Please click here to be directed to Stantec’s website. Mr. Don Fuller, II is Stantec’s primary contact to ACAA, and Ms. April Brenneman is Stantec’s alternate contact.

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.