WASHINGTON DC UPDATES
Bill Preventing Coal Ash ‘Hazardous Waste’ Designation Headed to House Floor
The U.S. House of Representatives Energy and Commerce Committee on July 13 approved a bill that 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 – the “Coal Residuals Reuse and Management Act” – was approved by a 35-12 vote of the committee after extensive negotiations to ensure that the bill was bipartisan. All Republicans on the committee voted for the bill and were joined by Democrats Gene Green (TX), Diana DeGette (CO), Mike Doyle (PA), Tammy Baldwin (WI), Mike Ross (AR) and John Barrow (GA). The bill now heads to the floor for a vote by the entire House of Representatives. It is not known yet when the bill will be brought up for the final House vote.
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 a 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. That approach became HR 2273.
A key part of HR 2273 provides that if a state is unable or unwilling to implement the permit program, the federal EPA would have authority to do so. HR 2273 was approved by the Subcommittee on Environment and the Economy on June 21. A vote by the full Energy and Commerce Committee was delayed twice while Republicans and Democrats made further modifications to the bill to address concerns raised by the Democrats.
The bill now moving to the House floor creates a state-administered program for regulating coal ash disposal similar to the program states use to regulate disposal of municipal solid waste. More than 240 million tons of MSW are generated in the United States each year, compared to approximately 135 million tons of coal ash. States operate effective regulatory programs for the disposal of MSW at more than 1,900 locations and are more than capable of doing the same for coal ash – a material with similar toxicity risks and fewer management problems. A recent report by the Electric Power Research Institute concluded that the relative human health risks associated with leachates from MSW landfills and coal ash management are similar. For a complete copy of the EPRI report, click here www.epri.com and enter 1020555 into the search box in the upper right of the page.
The American Coal Ash Association has endorsed HR 2273 in a letter provided to the House of Representatives and urges its members to contact their Congressional representatives to voice support, as well. For more information about HR 2273 and the Committee hearings that have taken place, click here. For information about the previous bill, HR 1391, including a list of the 63 bipartisan co-sponsors it attracted, click here.
Another House Committee Moves to Block Funding for ‘Hazardous Waste’ Regulation
A second committee of the House of Representatives addressed coal ash regulation in its annual appropriations bill establishing funding for the U.S. Environmental Protection Agency. On July 12, the House Appropriations Committee passed its fiscal year 2012 Interior, Environment, and Related Agencies Appropriations bill. Section 434 of the bill prohibits funding for EPA to regulate coal ash as a “hazardous waste” under subtitle C of the Resource Conservation and Recovery Act.
The legislation passed the committee by a vote of 28 to 18. It includes $27.5 billion in spending for Interior, Environment and Related Agencies. This represents a decline in spending of $2.1 billion over 2011 enacted levels and $3.8 billion less than the president’s 2012 request. A complete copy of the bill can be found here.
New Bill Seeks Review of Regulatory Impacts, Including Coal Ash
Another bill that was approved by the House Energy and Commerce Committee on July 13 would require an interagency committee to analyze the cumulative impacts of major new EPA rules on the U.S. economy, jobs, and energy prices. (Currently, EPA only performs regulatory impact analyses on a rule by rule basis, but does not take into account the potential impact of multiple rules being enacted simultaneously.) EPA’s proposed coal ash disposal regulations are included in the list of rules covered by the bill.
HR 2401 – the “Transparency in Regulatory Analysis of Impacts on the Nation Act,” or TRAIN Act – was introduced by committee members John Sullivan (R-OK) and Jim Matheson (D-UT). It passed the committee with bipartisan support by a vote of 33 to 13 after it was amended to also delay implementation of EPA's controversial utility MACT rule and new transport rule for six months.
“Industries are not subject to just a single rule, but are forced to comply with layers and layers of them. Before those rules take effect, regulators should fully understand their consequences for states, industries, workers, and our economy,” said Energy and Commerce Chairman Fred Upton (R-MI). “I applaud the work of my colleagues to refine and improve this bill to ensure a strong, bipartisan product that will truly foster a more sensible approach to regulation that protects jobs and our economy.”
Additional Public Comment on Proposed Coal Ash Regulations Expected Soon
The U.S. Environmental Protection Agency in early July submitted a Notice of Data Availability (NODA) for review by the White House Office of Management and Budget. After approval by the White House, the NODA will seek additional public comment on new data related to EPA’s proposals for coal ash disposal.
An EPA official testified during a Congressional hearing in April that publication of the NODA would occur “soon.” 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 rule or has otherwise become aware of through activities and publications from other organizations.
EPA Announces Two Additional Major Regulations
The U.S. Environmental Protection Agency during July moved forward on two more major rulemakings that will have significant impacts on coal users.
EPA finalized its “Cross State Air Pollution Rule” (formerly known as the Clean Air Transport Rule) on July 6. The rule, which was proposed by the EPA in July 2010, was created to reduce the interstate transport of emissions from power plants in the eastern U.S. as required by the Clean Air Act. The measure, along with a proposal aimed at cutting summertime smog in six states, is expected to cost the utility industry billions in emissions control upgrades over several years. Information about the rule can be found on EPA’s website here and in this news article.
Also on July 6, EPA announced proposed extensive revisions to its regulatory Definition of Solid Waste, which was established in 2008. The Agency said the proposal “will improve accountability and oversight of hazardous materials recycling, while allowing for important flexibilities that will promote its economic and environmental benefits.” Industry groups responded by saying the proposed changes would actually discourage recycling of materials classified as “hazardous wastes” under Subtitle C of the Resource Conservation and Recovery Act. A copy of the proposed rule and supporting documents can be found here.
Government Relations Committee Open to Participation
ACAA members interested in tracking Washington DC activities more closely should sign up for participation in the Government Relations Committee by sending an email to info@acaa-usa.org.
The Committee conducts regular conference calls to update interested ACAA members and coordinates activities such as a Regional Congressional Outreach Program.
ASSOCIATION NEWS
Register Now for Fall Meeting in Indianapolis
The Fall Meeting of the American Coal Ash Association will be held Monday and Tuesday, September 26 and 27, 2011, in Indianapolis, Indiana. The meeting will be held at the Indianapolis Hyatt Hotel.
Members are urged to take note of the Monday-Tuesday format, which is a change from previous meetings. Monday’s agenda will feature ACAA Committee meetings and a welcome reception in the evening. Tuesday’s agenda will feature educational presentations. Both days will run from 8:00 a.m. to 5:00 p.m. Online registration for the meeting (including fee payment) is now available here.
Discounted hotel reservations are available for a group rate of $119 for single or double accommodations. To make a hotel reservation by phone, call 1-888-421-1442 and mention Group Block AMCO or American Coal Ash Association. To book a room on the Internet, use the Hyatt Regency Indianapolis ACAA Meeting Passkey system to register. Click here to be directed to that site and input guest type as “attendee” (rather than “I have an access code.”) Hyatt Gold Passport members can enter their membership number in the “Program” section when making a reservation after selecting a room type and clicking “Book.” The $119 group rate will expire on August 24.
Gypsum in Agriculture Guidelines Available Through ACAA
“Gypsum as an Agricultural Amendment” is the title of a new publication by The Ohio State University Extension that is available through the American Coal Ash Association. The General Use Guidelines were authored by Liming Chen and Warren Dick.
The 35-page 8.5” x 11” publication covers sources and properties of gypsum; properties of gypsum that provide agricultural benefits; agricultural and land application uses; gypsum application; economic considerations related to gypsum use; analytical and technical support: gypsum handling and storage, etc. ACAA members may purchase 1 to 5 copies at $6 each or 6 or more copies at $5 each. Non-member prices are $2 per copy higher. Shipping and handling is additional.
To obtain an order form, contact the ACAA office at info@acaa-usa.org.
Midwest Coal Ash Association Elects Officers, Reviews Programs
The Midwest Coal Ash Association has selected Bret Brown of Charah, Inc., as its new president. Brown succeeds Gary Haney of FirstEnergy, who steps down after several years of service.
At the Association’s July meeting in Columbus, Ohio, presentations were received from Dr. Tarunjit Butalia and Dr. Bill Wolfe on research through The Ohio State University Coal Combustion Product Extension Program. For more information on the program, click here. The Association also has been providing support for research at OSU, as well as scholarships for students working in coal ash research. Interested students and researchers from all institutions are encouraged to contact the Midwest Coal Ash Association to request support
COAL ASH IN THE NEWS
Judge Dismisses Key Portion of Fly Ash Golf Course Case
A Virginia judge has dismissed a key portion of a $1 billion lawsuit brought by homeowners who claimed they had been harmed by coal ash used in constructing the Battlefield Golf Club in Centerville, Virginia. The judge concluded that the homeowners failed to show that metals from the coal ash had contaminated local water supplies or caused any health problems or property damage.
The lawsuit attracted national attention when the CBS News program 60 Minutes featured it as part of a report following the coal ash spill at the Kingston Power Plant in Tennessee. Subsequently, a two-year U.S. Environmental Protection Agency study concluded that contaminants found in water under the golf course posed no health risks to golfers, nearby residents or the environment. It also concluded that the contaminants were not migrating to residential wells neighboring the property.
Attorneys for the homeowners said they plan to re-file their case within the next six months. For a local news story detailing the judge’s ruling, click here.
Plans for New Missouri Coal Ash Landfill Move Forward
Despite strong opposition from environmental activists, local officials in Missouri are moving forward to permit Ameren Corp. to construct a new coal ash landfill near the Labadie power plant. In July, Franklin County commissioners granted preliminary support for the project and instructed the county attorney to draft specific zoning requirements. See this news article for more about the project.
Symposium to Focus on Kingston Coal Ash Spill
The Oak Ridge Associated Universities are hosting a symposium August 2 and 3 in Harriman, Tennessee, to consider the latest information on the December 2008 coal ash spill at the Kingston power plant. The purpose for the symposium is to share the results of research on the release, identify gaps in the research, and discuss future research needs. More information on the symposium can be found here.
Major Consulting Firm Predicts Coal to Continue as Energy Backbone
International consulting firm ICF has released its most recent “Integrated Energy Outlook.” The study highlights the near-term impacts of global economic recovery on U.S. energy markets, examines the implications of lower CO2 prices on the long-term energy outlook, and considers the potential impact of numerous Environmental Protection Agency regulations on coal.
“Although the combined impact of the rules remains uncertain, the regulations could lead to up to 40 GW of coal plant retirements in the next decade,” a summary of the report said. “Contrary to some projections that indicate environmental regulations will severely impact U.S. coal production, ICF projects that U.S. coal production will be maintained at more than 1 billion tons per year in the long-term despite the projected retirement of nearly 40 GWs of coal-fired electric generation in response to new environmental regulations and relatively low natural gas prices.” ICF concluded that “reports of the death of U.S. coal are premature.”
For more information on the ICF study, click here.
ACAA MEMBERS IN THE NEWS
Charah’s Kramer Named “CFO of the Year” in Louisville Area
Charah, Inc., a leading ash management provider for the coal-fueled electric utility industry, announced that its CFO Bruce Kramer has been named CFO of the Year in the Medium Private Company category by Business First of Louisville.
Business First recognized seven Louisville-area financial officers during the third-annual CFO of the Year awards luncheon. The annual program recognizes Louisville-area CFOs in their roles as corporate stewards. A special publication profiling Kramer and the other finalists appeared in the June 24 issue of Business First.
“We are extremely proud of Bruce and congratulate him on this well-deserved honor,” said Charles Price, Charah President and CEO. “Bruce has played a pivotal role in Charah’s significant growth over the past few years, and his financial expertise, endless energy and strong leadership skills have truly enabled Charah to become the company of excellence that we are today.”
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 and closure; fly ash, bottom ash, gypsum and FGD byproduct management; coal combustion product (CCP) sales & marketing; power plant support services including limestone supply, gypsum operations and wastewater treatment; ash pond conversion and closure; dry fly ash conversion; ash pond management; and Integrated Gasification Combine Cycle (IGCC) slag beneficiation and other innovative solutions. For more information, please visit www.charah.com.
Welcome New Members
Consumers Energy, an ACAA Utility Voting member, is one of the nation’s largest combination utilities, providing electric and natural gas service to nearly 6.5 million of Michigan’s 10 million residents, in all 68 Lower Peninsula counties. The primary and alternate points of contact will be Willie Mills and Megan Metz. As a voting member company, Mr. Mills will serve as a director on ACAA’s Board of Directors. Please click here to visit the Consumers Energy website.
VHSC Cement, LLC, an ACAA Marketer Voting member, prepares pozzolans for use as supplementary cementitious materials that replace portland cement at 50-60% or higher replacement rates. Primary and alternate points of contact to ACAA will be Mary Best and Clinton W. Pike. Ms. Best will serve as a director on ACAA’s Board. Please click here to visit VHSC Cement’s website.
COMANCO Environmental Corporation, an ACAA Associate member, supplies and installs geosynthetic lining systems; provides impervious barriers for storage of wet-cycle and dry-stacked CCP; performs dam and dike restoration and erosion control measures; and designs and builds under drain and seepage control systems using composite liners, piping, and aggregates. COMANCO’S primary and alternate points of contact to ACAA will be Larry Holmes and Mark A. Topp. Please click here to visit COMANCO Environmental’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.
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