ASSOCIATION NEWS

Winter Meeting Attracts 134 for Diverse Program

More than 130 American Coal Ash Association members attended the organization’s winter meeting February 1 and 2, 2011, at the MGM Grand Hotel in Las Vegas. The meeting featured a full day of working committee meetings, followed by a full day of speaker presentations on a variety of topics related to the beneficial use of Coal Combustion Products.

Meeting minutes and copies of all presentations have been posted on the ACAA web site. Click on the “For Members” tab and select “ACAA 2011 Winter Meeting.”

Registration Open Now for Spring Meeting

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.

World of Coal Ash Deadlines Loom

April 1 is the deadline for discounted registration for the World of Coal Ash.

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. Detailed information about the symposium can be found here.

A few exhibit booth spaces are 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.)

Save the Date for Fall Meeting in Indianapolis

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.

WASHINGTON DC UPDATES

EPA Signals Slowdown of Coal Ash Rulemaking…

The U.S. Environmental Protection Agency has publically stated that it does not intend to issue final regulations for coal ash disposal regulations during 2011.

Answering a question posed by a Congressman at a March 3, 2011, House appropriations subcommittee hearing, EPA Administrator Lisa Jackson said the new regulations “would not be ready this calendar year.”  Administrator Jackson said the large number of public comments on the proposal – more than 450,000 – is the reason for the slow schedule.

EPA proposed new coal ash disposal regulations last spring after spending more than a year developing two potential approaches – one designating coal ash a hazardous waste when disposed and the other classifying it as non-hazardous waste. A public comment period that included eight day-long public hearings about EPA’s proposals ended November 19, 2010. EPA has no legislative or judicial deadline to act.

…As Congressional Opposition to “Hazardous” Label Intensifies

Coal ash regulation has become a frequent topic of debate on Capitol Hill as lawmakers focus on what many perceive is an over-reaching regulatory agenda by EPA.

On February 19, 2011, the U.S. House of Representatives voted 239-183 to cut off funding for any EPA actions aimed at labeling coal ash a “hazardous waste” when it is disposed. (The provision would not prevent EPA from moving forward with tougher regulations under a “non-hazardous” label.) The provision authored by West Virginia Rep. David McKinley was attached to a short term spending bill and will not have a permanent effect. Nevertheless, the approval of Rep. McKinley’s amendment shows a strong sentiment in the House against EPA’s proposal to regulate coal ash disposal as a “hazardous waste.”

EPA Administrator Lisa Jackson has also faced questioning by numerous Members of Congress who are critical of the “hazardous waste” approach. Appearing before several appropriations, energy and agriculture committees, Ms. Jackson has routinely encountered concerns over coal ash regulation voiced by both Republican and Democrat lawmakers. For a news account that shows the tone of EPA oversight hearings in the House this year, click here.

Coal ash regulation has also been discussed by other witnesses called to testify before committees. For instance, click here for an account of testimony before the House Subcommittee on Environment and the Economy by Leonard Hopkins, the fuel procurement and compliance manager of Southern Illinois Power Cooperative. Mr. Hopkins testified the EPA's proposed coal ash regulation "poses a serious threat to the economic survival of the cooperative" by unnecessarily raising disposal costs and threatening the ability to beneficially use coal ash instead of disposing it.

Finally, the coal ash issue is figures prominently in a report by the staff of the House Committee on Oversight and Government Reform regarding federal regulations that are hurting employment. For a Washington Post article on the topic, click here.

For a copy of the complete report, click here.

EPA Proposes Tough New Power Plant Air Emissions Standards…

The Environmental Protection Agency on March 16, 2011, proposed regulations that would limit emissions of mercury and acid gases, such as arsenic, chromium and nickel, from coal and oil-based electricity generation. According to summary materials provided by EPA, the proposed rule provides up to four years for facilities to meet the standards and, once fully implemented, “will prevent 91 percent of mercury in coal from being released into the air.”

Frequently referred to as the “Utility MACT” standards, these proposed regulations have been expected because EPA was required by prior judicial decisions to develop them. The proposed regulations are already controversial, however, with many organizations announcing their opposition. For its part, EPA invited the president of the American Lung Association, a thoracic surgeon, a class of second-graders from a local elementary school, religious leaders and others to participate in the announcement of the proposed regulations and voice their opposition to coal.

EPA said it plans to hold a 60-day public comment period on the proposed regulations and adopt final rules later this year or early in 2012. For news coverage of the announcement, see this story in The New York Times.

A copy EPA’s complete proposal can be found here.

…While Announcing It Will Reconsider Portions of Industrial Rule

The Environmental Protection Agency on February 23, 2011, issued long-awaited final rules for controlling air emissions from industrial boilers and incinerators. However, even as it released the final rules, it announced plans to reconsider several aspects of the rules based on information it received during the public comment process.

Frequently referred to as the “Boiler MACT” standards, EPA was under court order to complete the rules by February 21, 2011. The new standards cover more than 200,000 boilers and incinerators that emit mercury, cadmium, and particulates, but EPA cut the cost of implementation by about 50 percent (or about $1.8 billion) from the regulations proposed in April 2010, the Agency said.

EPA is now preparing its formal notice of reconsideration, which is expected to be issued later this spring. The Agency noted that it received about 4,800 comments on the proposed rule, some of which are leading to the reconsideration step.

The law firm Van Ness Feldman has made a summary of the new rules available here. A complete copy of EPA’s rules can be found here.

EPA Inspections Show Coal Ash Impoundments in Good Shape

None of the 69 coal ash impoundments recently studied for structural deficiencies failed to meet rigorous standards set by the Environmental Protection Agency, according to a comprehensive assessment reported by the Agency on February 11, 2011.

EPA launched a program of inspecting all coal ash wet disposal impoundments following the December 2008 failure of an impoundment at the Kingston Power Station in Tennessee.
Not one of the “assessment reports” from the 69 impoundments at 29 separate facilities received EPA’s lowest rating of “unsatisfactory.” The 35 impoundments that rated “poor” should improve their rating once the facilities submit additional paperwork, the agency said in a statement. EPA said 15 of the facilities submitted “action plans” outlining safety steps designed to prevent spills.

EPA chose to announce the positive results in a news release entitled: “Hazardous Waste News Release (HQ): EPA Releases More Electric Utility Plans to Improve Safety of Coal Ash Impoundments.” (Apparently some EPA representatives already consider coal ash a “hazardous waste” even though the designation is the subject of a rulemaking that has not concluded.)

To view all the electric utility action plans and EPA coal ash impoundment assessment reports, click here..

Obama Environmental Agenda Facing Mounting Challenges

Washington’s appetite for major environmental initiatives appears to be waning.

The Wall Street Journal published an article detailing the concerns of several large labor unions that believe EPA’s ambitious agenda will cost union jobs and Democratic Party votes in the 2012 elections.

The president is also seeing significant numbers of members of his own party join in efforts to delay or reverse EPA efforts to regulate greenhouse gas emissions under the Clean Air Act. Click here for a Politico story showing some of the activity.

White House officials have also confirmed that Carol Browner, President Barack Obama’s chief energy and environment adviser, is leaving the Administration. It appears that the Office of Energy and Climate Change which she headed will now cease operations. Ms. Browner was commonly thought to be a high level supporter of the U.S. Environmental Protection Agency’s proposal to regulate coal ash disposal as a Subtitle C “hazardous waste.” Ms. Browner formerly served as EPA Administrator for eight years under President Bill Clinton. During her EPA tenure, the Agency attempted to label coal ash as hazardous, but was ultimately rebuffed by other federal agencies. That debate led to EPA’s 2000 Final Regulatory Determination that hazardous waste regulation for coal ash is not warranted.

ACAA MEMBERS IN THE NEWS

Alpha Natural Resources Invests in CERATECH

Alpha Natural Resources has made a strategic equity investment in Alexandria, Va.-based CERATECH, Inc. (CTI). CTI manufactures a revolutionary "green cement" that utilizes 95 percent waste fly ash from electric utilities, dramatically reducing their landfill requirements while generating zero carbon dioxide emissions from the cement production process.

CTI's cement is a one-to-one replacement for portland cement, with outstanding strength and durability characteristics. With no other cement on the market composed of more than 90 percent fly ash, CTI's green cement technology sets a new standard in meeting green construction guidelines, particularly the U.S. Green Building Council's LEED certification requirements.

Alpha's initial investment gives it 10.3 percent of the equity in CTI on a fully-diluted basis with an option to increase that stake to 28.3 percent of the fully-diluted shares if certain criteria are met. The amount of Alpha's initial investment was not disclosed. "Alpha's investment is an ideal fit within our larger sustainability investments strategy," said Michael Peelish, chief sustainability officer for Alpha Natural Resources. "We're looking for ways to encourage development of new technologies that will bring sustainable environmental benefits to our utility customers. Conversion of waste fly ash into a green construction material represents an exceptional environmental use of coal combustion by-products."

According to Jon Hyman, CTI CEO, "Alpha's investment brings immediate benefit to CTI. Their strategic support—especially given Alpha's excellent reputation in the industry—is an endorsement that we know will have great value in our discussions with leading U.S. utilities. Expediting the development of partnering agreements with leading utilities will result in our ability to expand our cement production and distribution capabilities. Also it will strengthen our ability to compete cost effectively against traditional cement companies."

Founded in 2001, CERATECH has pioneered and commercialized a high performance sustainable alternative to traditional portland cement. With executive offices in Alexandria, Virginia and research and development based in Baltimore, Maryland, CERATECH has grown from offering a broad range of packaged repair mortars and concrete mixes to high volume, highly durable bulk cements for typical concrete construction and demanding industrial and military applications. More information about CERATECH can be found on the company's website. www.ceratechinc.com

Natural Resources is one of America's premier coal suppliers with coal production capacity of greater than 90 million tons a year. Among U.S. producers, Alpha is a major supplier and exporter of metallurgical coal used in the steel-making process and is a major supplier of thermal coal to electric utilities and manufacturing industries across the country. The company, through its affiliates, employs approximately 6,500 people and operates approximately 60 mines and 13 coal preparation facilities in Appalachia and the Powder River Basin. More information about Alpha can be found on the company's website. www.alphanr.com

Headwaters to Manage Coal Ash at Major New Power Plant

The 585-megawatt power plant is currently under construction in Wise County, Virginia, with commercial operations scheduled for summer 2012. Virginia City will be one of the cleanest power stations of its kind.  The circulating fluidized bed unit will use run-of-mine coal, waste coal and up to 20 percent biomass for its fuel.

Approximately 2 million tons of coal ash is expected to be produced at Virginia City yearly. Headwaters will handle ash-disposal operations during and after start-up.
Headwaters recently announced the formation of Headwaters Plant Services Inc., a new business unit that will focus exclusively on utility and industrial services such as coal ash management and disposal. 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.

At the Virginia City Hybrid Energy Center, Headwaters will:

• Construct maintenance and office facilities
• Provide ash-management and ancillary services
• Operate mixers and load-out silos, while conducting hauling, placement and compaction of coal ash residuals within designated areas
• Supply and place cover soil, as well as complete quarterly landfill and settlement pond surveys

“We are pleased to become Dominion’s partner at this cutting edge facility well in advance of its completion,” said Mike Adams, Senior Vice President of Headwaters Plant Services. “Assisting with the design and construction of ash management infrastructure will enable us to more efficiently conduct ash handling and disposal operations for years to come.”

With on-going projects at more than 100 utility locations and approximately 20 million tons of coal combustion products under management annually, Headwaters is the largest manager of coal ash resources in the United States. Headwaters 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. For more information about Headwaters coal ash operations, visit www.flyash.com.

Dominion is one of the nation's largest producers and transporters of energy, with a portfolio of approximately 27,600 megawatts of generation, 12,000 miles of natural gas transmission, gathering and storage pipeline and 6,000 miles of electric transmission lines.  Dominion operates the nation's largest natural gas storage system with 942 billion cubic feet of storage capacity and serves retail energy customers in 13 states. For more information about Dominion, visit the company's website at www.dom.com. 

Ash Improvement Technology Signs Agreement in India

The CleanCem™ process developed by AIT treats ash while it is formed via introduction of proprietary additives in the boiler system. While boiler operation is not affected, the ash chemistry and mineralogy are modified to attain the desired performance of a high value cement substitute.

“By using the boiler as a chemical reactor for our process, we not only avoid the cost of shipping waste ash to an off-site treatment facility, but we also control the quality of the end product in real time,” said Wayne Fried, AIT’s Chief Technology Officer. “In boiler operations, where fuel and other conditions often change, the ability to maintain a consistent performance of our ash-based cement replacement is a clear advantage.”

Indian coal has ash contents as high as 45 percent and large piles of unused waste prompted authorities to enact new regulation. Operators of coal-fired plants must ensure that 100 percent of ash is used beneficially by 2014. According to Marc Zacharias, President and CEO, “Now is the right time for AIT to enter the Indian market. We can make an impact early on in a country with sustained growth in the construction sector and a heavy reliance on coal power.”

Ash Improvement Technology Inc is a Delaware corporation based in the New York City area. AIT develops solutions to convert waste ash into beneficial products used in the construction industry. More information about AIT can be found on the company’s website. www.cleancem.com

Welcome New Members

Veolia Environmental Services North America, an ACAA Associate (AS) member, provides, owns and operates landfills where CCPs are disposed, and provides industrial services for the dewatering of fly ash ponds and lagoons.  Please click here to be directed to Veolia’s website.

Mr. Kevin Zenkevich will serve as the primary point of contact from Veolia Environmental Services to ACAA.

Pinnacle Design/Build Group, Inc., an ACAA Associate (AS) member, in business for over 14 years, is a designer and constructor of Mechanically Stabilized Earth (MSE) Berms (which can be constructed with ash) that are utilized for the vertical expansion of ash ponds located at utility generating stations or at offsite locations. Pinnacle currently is constructing an 180,000 sf berm for LG&E and Kentucky Utilities Services Company at their Trimble County Generating Station. Please click here to be directed to Pinnacle’s website. Mr. Joseph E. Harris will be ACAA’s primary point of contact from Pinnacle Design/ Build Group, Inc.

Advanced Wall Technologies, LLC has been reclassified from an Individual (I) member to an Associate member (AS). Advanced Wall Technologies, LLC (AWT LLC) has developed and has patents pending for a method of dramatically increasing existing landfill volume (MSW, CDD, Industrial or FFCP) at less than or equal to current costs for constructing disposal airspace. The Advanced Wall Technologies method utilizes fossil fuel combustion products (FFCPs/CCPs) or other media for construction. Please click here to visit AWT, LLC’s website. Mr. Carlton Dudding, formerly an ACAA Individual member will be the primary contact, and Mr. John Swenson will be the alternate member.

Sustainable Environmental Consultants (SEC), an ACAA Associate member, works directly with the livestock industry as it relates to local, state and federal regulatory compliance. This includes new construction, development of Nutrient Management Plans, etc. Sustainable Environmental Consultants most recently has become interested in marketing FGD gypsum as an agricultural product. Mr. John Harsch, Owner/Partner of this firm will be ACAA’s primary contact. Mr. Arman Miller, also Owner/Partner, will be ACAA’s alternate point of contact. Please click here to be directed to SEC’s website.

Hugh P. Shannonhouse, an ACAA Individual (I) member is the founder and former president of Mineral Resource Technologies, Inc., A Cemex Company, and is currently a consultant in the CCP industry. Contact information for Mr. Shannonhouse is hshannonhouse@comcast.net, (832) 813-5722.

Job Postings

SynMat is currently seeking a qualified, motivated individual for the Contract Administrator/Purchasing Agent position at its corporate headquarters in Louisville, Kentucky. With operations in Kentucky, Indiana, Ohio, Tennessee and Maryland, Synthetic Materials (SynMat) is the largest processor of synthetic gypsum in North America and a supplier of value added services to the utility industry. Applicants should contact Deborah C. Whitehead, Human Resources Manager, at dwhitehead@synmatusa.com, 502-895-2810 Office, 888-214-7539 Fax.

In Memoriam

David Hassett, formerly an active member of ACAA, passed away January 15, 2011, after a brief illness. He is survived by his wife, Debra Pflughoeft-Hassett, two daughters, Rachel and Roberta, a son, Richard, and a grandchild.

Dave retired in mid-2010 from the University of North Dakota's Energy and Environmental Research Center in Grand Forks, North Dakota.  Dave was a chemist who worked for many years to help in the characterization and understanding of Coal Combustion Products. His wife, Debra, also formerly worked for the EERC and served as ACAA’s Technical Committee Chairperson. She recently accepted employment outside of the coal ash industry.

Scott Edman Manz, son of Oscar Manz, passed away February 6, 2011, at the age of 48 following a long battle with Crohn’s disease. Scott was a mechanical engineer at ATK/Thiokol. He is survived by his daughter, Grace Scothern, his best friend, Marian Scothern, his parents, four brothers, a sister, and several nieces and nephews. He was preceded in death by a brother.

His father, Oscar Manz, was an early leader in the Coal Combustion Products industry. Oscar taught at the University of North Dakota in Grand Forks and headed up the UND coal ash program for many years. He became well-known in the industry through his two-day coal ash seminars in Grand Forks.

The Phoenix was sent to you from the American Coal Ash Association: info@acaa-usa.org.
15200 E. Girard Ave., Ste. 3050, Aurora, CO 80014-3955
Unsubscribe from the ACAA Phoenix Newsletter
Learn more about ACAA and coal combustion products, please visit: www.acaa-usa.org

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.