WASHINGTON DC UPDATES

U.S. Senate Preparing Coal Ash Letter to White House

Senators Kent Conrad (D-ND) and Michael Enzi (R-WY) have authored a letter to President Barack Obama asking the Administration “to rapidly finalize a rule regulating CCRs under subtitle D, the non-hazardous solid waste program of the Resource Conservation and Recovery Act (RCRA).”

The letter is currently being circulated for signatures by other members of the Senate. ACAA members are encouraged to contact their U.S. Senators and urge them to sign the “Conrad-Enzi coal ash letter.” The deadline for Senators to sign on to the letter is May 24.

“A swift finalization of regulations under subtitle D offers the best solution for the environment and for the economy,” the letter says. “The environmental advantages of the beneficial use of CCRs in products such as concrete and road base are well-established.”

The letter expresses concern that regulation under RCRA’s Subtitle C hazardous waste section “would permanently damage the beneficial use market.” The letter also points out that the regulatory uncertainty created by EPA’s protracted rulemaking is already damaging beneficial use.

“In conclusion, we request that the Administration finalize a subtitle D regulation as soon as possible. The states and the producers of CCRs have raised concerns that should be corrected in a final subtitle D rule, including ensuring that any subtitle D regulations are integrated with and administered by state programs. Subtitle D regulation will improve the standards for CCR disposal, ensure a viable market for the beneficial use of CCRs, and achieve near-term meaningful environmental protection for disposed CCRs,” the letter says.

This is the first letter from the U.S. Senate to the White House. Previously, 45 Senators from both political parties have sent letters to the Environmental Protection Agency opposing a Subtitle C “hazardous waste” designation for coal ash. In the House of Representatives, 167 members have previously sent letters to EPA opposing a hazardous waste designation and in February the House voted 239 – 183 for a provision that would prohibit EPA from regulating coal ash as hazardous waste.

ACAA Committee Chair Testifies at Congressional Hearing

ACAA Government Relations Committee Chairman John Ward testified before a U.S. House of Representatives subcommittee on May 12, 2011, that regulatory uncertainty created by federal environmental regulators is harming coal ash recycling activities today.

The House Small Business Subcommittee on Oversight, Investigations and Regulations invited Ward to represent Citizens for Recycling First and address the topic: “Green Isn't Always Gold: Are EPA Regulations Harming Small Businesses?” Ward described to the subcommittee how thousands of small businesses that recycle coal ash are being affected by a U.S. Environmental Protection Agency coal ash disposal rulemaking process that appears to be taking years to resolve.

“In the case of EPA’s coal ash regulations, the Agency’s actions are not only ‘not gold,’ they are not very ‘green’ either,” Ward testified. “In the Agency’s single-minded quest to gain more enforcement authority over the disposal of coal ash, EPA appears resolved to ignore the negative impacts of its actions on an entire recycling industry and the small businesses that comprise it. If EPA succeeds in getting the regulations it wants, our nation will end up putting hundreds of millions of tons more material into landfills rather than safely recycling it – hardly a ‘green’ result.”

Ward criticized the EPA for raising the specter of a “hazardous waste” designation for coal ash, but then failing to resolve the issue in a timely way. “A year ago, EPA formally proposed labeling coal ash as ‘hazardous waste’ when it is disposed,” said Ward. “When the idea was confronted by a wall of opposition from all manner of other government agencies, academicians, recyclers, coal ash users and more, the EPA responded by simply slowing the process down. EPA officials have been quoted as saying it may now be 2013 before the Agency gets around to proposing a final rule. In the meantime, the coal ash recycling industry is twisting in the wind with the unresolved question: ‘Will it be hazardous waste or not?’”

Ward told the committee that coal ash does not qualify as a “hazardous waste” based on its toxicity and that the EPA’s proposals for improving coal ash landfills are the same under both its “hazardous” and “non-hazardous” approaches. “Landfills won't be any stronger or better under EPA’s Subtitle C proposal – nor do they need to be,” said Ward. “But coal ash recyclers will be saddled with a hazardous waste stigma that will make continued recycling of this resource difficult or impossible.”

The Citizens for Recycling First testimony outlined several ways that EPA’s proposal is already hurting coal ash recycling even in advance of any regulations being finalized. The testimony also described how EPA has ignored the concerns of small businesses and recyclers in pursuing its proposals.

Ward urged committee members to support HR 1391, a bill that was recently filed by Representative David McKinley to prohibit EPA from regulating coal ash as a “hazardous waste.” Ward said the bill would not prevent EPA from moving forward with improving coal ash disposal regulations under the Agency’s ‘non-hazardous’ regulatory approach.

A video playback of the hearing can be seen here (with Ward’s oral testimony beginning at the 14:40 mark.) For a complete copy of the Citizens for Recycling First written testimony, click here.

The Congressional hearing was the second in a month featuring testimony from a witness linked to the American Coal Ash Association. ACAA Executive Director Thomas Adams testified April 14, 2011, before the House Energy & Commerce Committee's Subcommittee on Environment and the Economy. A video playback of that hearing can be seen here (with Adams’ testimony beginning at the 1:29:00 mark.)

“Rally for Roads” to Highlight Transportation Lobbying

Hundreds of transportation industry representatives are expected to participate in a “Rally for Roads” on the National Mall near the Capitol Building on May 25, 2011.  The rally is part of the annual Transportation Construction Coalition Washington DC Fly-In being held May 24-25.

The rally will begin at 11:00 a.m. and is open to anyone who would like to participate. Members of Congress will be invited to address the crowd of industry workers and the media will be invited to cover the event. The rally is being held to stress the importance of Congress taking action to pass surface transportation reauthorization legislation this year.  For more information on participating, contact Lynn Stone at 877-898-2612.

American Coal Ash Association is one of 29 national associations and labor unions that participate in the Transportation Construction Coalition. The TCC is co-chaired by the American Road & Transportation Builders Association (ARTBA) and the Associated General Contractors (AGC) of America.

ACAA representatives are scheduled to brief key Transportation Construction Coalition committees on the status of EPA coal ash regulations and efforts on Capitol Hill to address EPA’s “hazardous waste” designation proposal.

More information about the Coalition and its annual Washington Fly-In can be found here.

EPA Delays Industrial Boiler Rules Indefinitely

Facing mounting criticism from industry and Congress, the U.S. Environmental Protection Agency has indefinitely delayed implementation of its new rules that limit emissions from large industrial boilers and incinerators.

On May 16, 2011, the Agency announced that it would take the uncommon step of granting a stay under the Administrative Procedure Act, which allows an agency to delay new rules as long as necessary "when justice so requires."

EPA 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.

In announcing the stay on May 16, the Agency said: “Following the April 2010 proposals, the agency received more than 4,800 comments from businesses and communities, including a significant amount of information that industry had not provided prior to the proposals. Based on this input, EPA made extensive revisions to the standards, and in December 2010 requested additional time for review to ensure the public’s input was fully addressed. The court only granted EPA 30 days, resulting in the February 2011 final rules. The agency is reconsidering the standards because the public did not have sufficient opportunity to comment on these changes, and, as a result, further public review and feedback is needed.”

EPA said it will accept additional data and information on these standards until July 15, 2011, but did not commit to a schedule for issuing revised rules thereafter.

It may be worth noting that EPA consistently refers to the 4,800 comments it received on the Boiler MACT standards when explaining delays in the implementation of the regulations. Separately, EPA says it received approximately 450,000 comments on its proposed coal ash disposal regulations.

FHWA Report Supports Coal Ash Use

A U.S. Federal Highway Administration supported program aimed at advancing concrete paving technologies has identified coal fly ash as a “promising technology that can be used now to enhance concrete paving practices.”

The “CP Road Map” program coordinated by Iowa State University recently published a “Moving Advancements Into Practice” briefing document about the use of coal fly ash in concrete paving. The four-page document describes fly ash, how it is used in pavement and numerous concrete performance benefits that result.

“Fly ash is the most widely used supplementary cementitious material (SCM) in concrete,” the report said. Some of the benefits of using fly ash discussed in the report include increased concrete workability, increased durability of finished concrete, increased resistance to various types of chemical attack, and more.

The CP Road Map program is a 10-year innovative, strategic plan (published late 2005) outlining approximately $250 million in needed concrete pavement research. A team led by Iowa State University and sponsored by the FHWA developed the plan with participation by more than 400 people from across the nation representing all facets of concrete production and highway construction.

A copy of the new fly ash briefing document is available here. The CP Road Map website can be found here.

DOE Report Predicts Long Future for Coal

Coal is likely to remain the dominant source of American electricity for decades to come, according to a new report from the U.S. Energy Department’s Energy Information Administration.

EIA’s American Energy Outlook 2011 predicts that, absent overly stringent new federal regulations, electricity generation from coal will increase by 25 percent from 2009 to 2035 and that coal will generate 43 percent of America’s electricity in 2035.

“This report underscores the important role that coal will play long into the future,” said Steve Miller, president and CEO of the American Coalition for Clean Coal Electricity. “Coal will continue to be America’s fuel for decades to come because it will remain affordable, reliable and will be used in an increasingly clean manner.”

Earlier this year, ACCCE released a report showing that among energy used by American households, electricity has experienced relatively low price increases since 2001. Coal currently provides nearly one-half of America’s electricity supply, and has contributed to the relative stability of consumer electricity prices. The Coalition for Clean Coal Electricity can be found here.

An executive summary of the EIA report 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 coordinate activities such as a Regional Congressional Outreach Program that is now getting under way.

ASSOCIATION NEWS

World of Coal Ash Draws International Participation

More than 500 people from 22 countries attended the biennial World of Coal Ash symposium in Denver May 9-12. A full slate of technical presentations and a packed exhibit hall combined to make the event an unqualified success.

World of Coal Ash is a joint undertaking of the American Coal Ash Association and the Center for Applied Energy Research at the University of Kentucky. The event focuses on the science, applications and sustainability of coal ash worldwide – encompassing all aspects of coal combustion products, as well as gasification products.

Complete coverage of the World of Coal Ash will be included in the next edition of ACAA’s magazine, Ash at Work.

Summer Committee Meetings Completed

In conjunction with the World of Coal Ash symposium, the American Coal Ash Association conducted a day-long series of committee meetings on May 9 in Denver.

Meetings were held by the Executive Committee, Marketing and Communications Committee, Technical Committee, and Government Relations Committee. An informational meeting for the Board of Directors was also conducted.

Minutes of the meetings will be available soon on the ACAA web site by clicking on the “For Members” tab.

Call for ASTM Participation on Structural Fills

American Society for Testing and Material (ASTM) committee E50.03 is preparing to consider ASTM E2277-03, “Standard Guide for the Design and Construction of Coal Ash in Structural Fills.” Last published in 2003, it is time to re-ballot this standard as well as consider revisions that might be needed.

Dave Goss, ACAA consultant, has been working to get re-approval of the current version balloted with the goal of beginning a revision immediately after approval. To meet deadlines for balloting a new version of E2277 as soon as possible, a work session has been scheduled for May 25-26 in Chicago to refine this document. Work will commence at noon on May 25 and conclude at noon on May 26. Any interested ACAA member may participate. For more information on this meeting, please contact the ACAA office.

Over the last seven years, the coal ash industry has recognized a need for more robust information pertaining to environmental issues that may be associated with structural fills using coal ash. The Environmental Protection Agency, in its proposed rulemaking, also questioned large scale structural fills as potentially being more like disposal than a bona fide beneficial use. To address these issues, ACAA has been working with ASTM Subcommittee E50.03 to develop additional language enhancing environmental guidance that would be useful to project designers and owners.

This revision is intended to provide guidelines for materials characterization and site assessments to ensure the use of CCPs do not have an unintended adverse impact on the environment. The proposed changes (still under development at the time of this article) are intended to be performance based rather than prescriptive.

Participating in ASTM is an important opportunity for ACAA members to influence the content of a number of consensus standards. Many ACAA members have been instrumental in developing new and updating existing standards related to coal ash, concrete, masonry products and mine reclamation activities. ACAA was one of the key proponents of developing the standard for industry terminology in the form of ASTM E2201.

ACAA members who are interested in coal ash industry standards should seriously consider joining ASTM by clicking here. The cost is only $75 a year, which gives members an opportunity to propose and review changes as well as participate in the standards development process. Standards revisions are evolutionary and the re-balloting of E2277 will take many months before finalization.

Other standards important to coal ash are continually being reviewed and reissued. No matter what your interest, there is an opportunity for each of you to make a difference. We urge you to join ASTM and its subcommittees to become part of this important process.

COAL ASH IN THE NEWS

Alabama Coal Ash Disposal Regulations Near Enactment

The Alabama Legislature has approved a bill placing coal ash under the jurisdiction of the state’s solid waste laws and allowing the Alabama Department of Environmental Management to implement disposal regulations.

Coal ash was previously exempt from state regulation as a solid waste in Alabama. The bill to lift that exemption was supported by coal-fueled utilities and state environmental regulators.
Alabama’s new coal ash landfill regulations will require permitting, as well as the use of liners and groundwater monitoring. Beneficial use of coal ash will continue to be encouraged.

Click here for a story about the bill in The Birmingham News.

GE Announces New Mercury Emissions Control Technology

GE has announced that it has completed testing on a new mercury emissions control technology that will potentially reduce emissions by more than 90 percent without the use of powdered activated carbon or other sorbents.

According to the company, ThermoPleat™ Pleated Filter Element (PFE) technology has been tested at full scale. GE found that some coal-fueled boiler air pollution control operators may be able to capture up to 98 percent of mercury. The results can occur when the plant lowers the flue gas temperatures, allowing a more efficient utilization of the capture capacity of the unburnt carbon in fly ash.

At other flue gas temperatures, ThermoPleat elements may help some coal-fired boiler air pollution control operators capture around 75 to 80 percent of its mercury by inherent loss-on-ignition (LOI) of fly ash. The operator may be able to increase the capture percentage by using powdered activated carbon but at a much lower injection rate than typically used today with standard filter bags.

Insurance Publication Compares Fly Ash to Asbestos

As part of a series of articles exploring “emerging threats” to the insurance industry, National Underwriter (Property and Casualty) magazine published an article entitled: “Fly Ash: This Year’s Asbestos?”

“There may never be another mass tort that combines widespread bodily injury with long-tail exposure as effectively as the ‘miracle mineral’ of asbestos. But there are some interesting parallels between asbestos and a developing threat known as ‘fly ash,’” the article begins. It goes on to mention the 2008 Kingston spill, subsequent EPA rulemaking activities, and actions by environmental groups regarding “toxic” ash before concluding “Given the increasing focus on the toxins found within coal ash—and given its presence in our buildings, infrastructure and landfills—coal-ash liability is likely on the rise.” (A complete copy of the article can be viewed here.)

The article is another example of stigma that is threatening the beneficial use of coal ash. ACAA members are encouraged to continue to gather examples of beneficial use markets being affected by stigma and regulatory uncertainty. Send examples to info@acaa-usa.org.

ACAA MEMBERS IN THE NEWS

FlyAshDirect Awarded Marketing Contract for AEP Plant

FlyAshDirect has been awarded the exclusive fly ash marketing rights to American Electric Power’s John E. Amos Generating Station located near Charleston, West Virginia.  John E. Amos joins the Gavin, Mountaineer and Clifty Creek power plants in FlyAshDirect’s portfolio of fly ash marketing contracts held with Columbus based utility AEP, America’s largest generator of electricity.

FlyAshDirect plans to make the necessary investment to install fly ash dry unloading systems at the 2933 MW facility during the summer of 2011 with intent to distribute material to concrete product markets throughout the eastern seaboard.  Amos will have the flexibility of supplying customers with product either through pneumatic tankers or via rail which is served on the CSX line.

John E. Amos operates three units that are fueled by a blend of low-sulfur and Northern Appalachian high-sulfur coal.  Approximately 1 million tons of Class F fly ash is produced yearly at Amos.  FlyAshDirect reports it will have the ability to provide concrete product markets a high grade fly ash with residual carbon content less than 2 percent and which meets all ASTM, AASHTO, and DOT specifications.  

“Due to increasing environmental regulations and clean air initiatives deployed at power facilities, it’s rare to find a high quality fly ash source with such a low carbon content, especially in the Eastern U.S.,” said Jim Irvine, President of FlyAshDirect.  “I believe we are in a unique position to offer this high quality, abundant material to multiple markets in the eastern U.S. region that are traditionally served by fly ash that requires beneficiation via expensive capital intensive processes.”

FlyAshDirect is a Coal Combustion Product management firm headquartered in Cincinnati, Ohio.   FlyAshDirect creates by-product utilization opportunities for the power generation industry by developing markets for fly ash and synthetic gypsum resources.  FlyAshDirect currently has over 4 million tons of coal combustion by-products under contract. For more information about FlyAshDirect, visit www.flyashdirect.com.

CERATECH Releases Ash-Based Cement for Chemical Environments

CERATECH, Inc. has formally announced wide release of KEMROK™, its non-portland construction cement system specially formulated for the harsh chemical environments in petrochemical, industrial, and heavy commercial infrastructures.

The KEMROK cement system produces concrete with faster set-times, greater durability, far greater corrosion resistance, and a lower installed cost than any other chemical-resistant concrete available. These benefits yield large financial savings in materials, labor, and production downtime. Concrete produced with KEMROK cement cures in a fraction of the time of conventional portland cement concrete, streamlining construction timelines, and minimizing facility disruption.

Available as both a bulk cement and as a packaged concrete repair mix, KEMROK is a cost-effective and value-added alternative to traditional materials where loss of revenue, downtime of critical assets, and exposure to caustic materials are paramount.

CERATECH's unique new "green cement" is used in all their brands including KEMROK. It rates higher on sustainability scales, such as the U.S. Green Building Council's LEED rating system, than any other cement in the world. It is made of 95% recycled coal ash and 5% renewable materials in a process that is virtually carbon free, unlike conventional portland cement which generates one ton of CO2 for every ton of cement.

According to Jon Hyman, CERATECH's CEO, "There is tremendous interest in the KEMROK solution. We are able to offer a more cost effective product with distinct environmental advantages."

Founded in 2001 with executive offices in Alexandria, Virginia, and research and development based in Baltimore, Maryland, CERATECH, Inc. has pioneered and commercialized advanced high performing cements using proprietary new chemistry. More information about CERATECH and its products can be found on the company's website at www.CERATECHinc.com.

Bret Brown Joins Charah as VP of Utility Relations

Charah, Inc. – a leading ash management provider for the coal-fueled electric utility industry – has added Bret A. Brown to its management team as Vice President of Utility Relations for the company’s Western Region, based in the St. Louis area.

Brown has over 25 years experience in the electric utility and coal ash management industries. Most recently, he served as General Executive, Ash Operations at Ameren from 1999 to 2011. Other previous positions include serving as a fuel buyer for Big Rivers Electric Corporation, and serving as marketing manager for Pyramid Mining. Brown is a graduate of the University of Louisville with a BS in Business Administration.

"We are delighted to have Bret join the Charah team," said Charles Price, President and CEO of Charah. "His extensive experience in the utility and ash management industries will be a great fit for Charah as we continue to grow the range of innovative services that we provide to the coal-fueled electric utility industry."

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. For more information, visit www.charah.com.

Anne Ellis Elected as American Concrete Institute VP

Anne M. Ellis – vice president of government initiatives for ACAA member AECOM – has been elected as Vice President of the American Concrete Institute for a two-year term.

Ellis has 30 years of experience with the A/E/C industry supporting public- and private-sector clients, concrete industry collaboration and advancements, and the expansion of a global, publicly traded professional services firm. Prior to joining AECOM, Ellis represented the concrete and cement industries as regional structural engineer for the Portland Cement Association and as applied engineering manager for the National Ready Mixed Concrete Association.

Ellis is a past member of the ACI Board of Direction and a past chair of the ACI Marketing Committee and the Board Task Group on Student E-Membership. She has served on many technical committees, including ACI Committees 330, Concrete Parking Lots and Site Paving; 551, Tilt-up Concrete Construction; and C650, Tilt-up Constructor Certification. She is a current member of the Financial Advisory Committee and ACI Committee 375, Performance-Based Design of Buildings for Wind Loads. She was named an ACI Fellow in 2008.

Welcome New Members

Aurora Energy, LLC, an ACAA non-voting Utility (U) member, is a coal-fired cogeneration plant located in Fairbanks, Alaska. Its total net generated power output is sold to the local electricity coop on a long term contract. Aurora sells both hot water and steam heat to customers in downtown Fairbanks. The business was originally part of the Fairbanks Municipal Utilities System. The City of Fairbanks privatized all its utilities in 1998. Aurora Energy was created to purchase and operate the electric and heat utilities. Aurora Energy’s primary and alternate points of contact will be Mr. Buki Wright and Ms. Tammy Scholten. Please click here to be directed to an informative presentation about Aurora Energy, LLC.  

In Memoriam

Madeline Meltvedt Naser, mother of ACAA member Lisa Bradley of AECOM, passed away on April 21, 2011, at home and in the company of her family in Easton, CT. She was 78 years old.

She was born in Caldwell, Idaho on September 29, 1932. She attended Boise Junior College and then the University of Idaho in Moscow, Idaho. There she majored in art and was a member of the Gamma Phi Beta sorority and the Sweetheart of Sigma Chi, and met her husband, Delbert Merlin Naser, a Kappa Sigma from Council, Idaho. They married in 1954. Del was an executive with the Aluminum Company of America (ALCOA), whose career took them to California and Pennsylvania. Del passed away in 1996.

Memorial donations can be made in Madeline’s name to the Parkinson’s Disease Foundation or the Michael J. Fox Foundation for Parkinson’s Research or a charity of your choice.

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.