Manchin Legislation Stresses 'States-First' Approach in Coal Ash Disposal

Sen. Joe Manchin says legislation he’s introducing would create an enforceable program for states to oversee the disposal of coal ash.

The West Virginia Democrat has introduced the bill with a Republican Senate colleague. The proposal is scheduled for a hearing Tuesday before the Senate Committee on Environment and Public Works.

Coal ash is the residue from the burning of the fossil fuel to generate electricity. With tougher federal air pollution laws, many utilities are switching from coal to natural gas. That means massive amounts of coal ash for the utilities to deal with.

According to Manchin, the legislation would create what he calls a states-first approach to regulating coal ash. He said that approach would provide certainty for the safe and efficient recycling of coal ash.

EPA Rules on Coal Ash

The Obama administration has set the first national standards for waste generated from coal burned for electricity. The regulation treats it more like…

The Obama administration has set the first national standards for waste generated from coal burned for electricity. The regulation treats it more like household garbage rather than a hazardous material.

Environmentalists had pushed for the hazardous classification, citing the hundreds of cases nationwide where coal ash waste had tainted waters. The coal industry wanted the less stringent classification.

The rule ends a six-year effort that began after a massive spill at a power plant in Tennessee.

The EPA said that the regulation addresses the risks posed by coal ash sites and that the record did not support a hazardous classification.

The rule does not require all sites failing to meet the standards to close. Sites at shuttered power plants also are not covered.

House Releases Policy Paper on Coal Ash

Today from Capitol Hill, the House Energy and Commerce Committee released a policy paper that addresses coal ash disposal. The House’s policy paper is…

Today from Capitol Hill, the House Energy and Commerce Committee released a policy paper that addresses coal ash disposal.

The House’s policy paper is based largely on legislation Congressman David McKinley spearheaded, the Coal Residuals Reuse and Management Act. The legislation passed through the House last year. It outlines state-controlled regulatory management procedures for dealing with one of the waste by-products of coal-fired power plants: coal ash. 

The House legislation is much like the EPA’s proposed carbon regulations in that it sets goals, and leaves it up to individual states on how to meet those requirements.

The legislation was drawn up as the EPA was sued by nearly a dozen environmental groups for not revamping coal-ash regulations in violation of the Resource Conservation and Recovery Act (RCRA). The coal ash policy paper is released just days before the Environmental Protection Agency is supposed to take final action on the matter.

Business leaders fear the EPA will reclassify the waste as hazardous. Coal ash is often recycled and used as an ingredient in the construction trade, in concrete and drywall. Coal ash is most volatile when it’s precariously stored in settlement ponds, potentially leaching toxins into adjacent water sources.

Power plants in the U.S. produce about 140 million tons of the ash each year and according to the EPA, about 1,000 active coal ash storage sites exist. West Virginia is home to more than twenty sites.

The House policy report concludes, “the Coal Residuals Reuse and Management Act, is a win-win for both the environment and the economy and for EPA and the states, and it should serve as a model to solve future environmental challenges.”

Brody Mine Deaths Ignite Old Safety Concerns

It’s been more than two weeks since 48-year-old Eric Legg, of Twilight and 46-year-old Gary Hensley, of Chapmanville, died in a Boone County mine. They were using a coal extraction method called retreat mining referred to by safety advocates as the most dangerous form of mining. That’s not the only safety concern at mines in Boone County and throughout Appalachia.

Retreat Mining is Dangerous

Charlie ‘Mouse’ Ashley is a retired miner who has experience working in a retreat mine setting.

“It is nerve racking,” retired miner Charlie “Mouse” Ashley said. “When you’re pulling pillars away from the mine you’re taking away the support and it will fall.”

That’s the nature of the method. Essentially miners are hired, in part, to remove coal and make the roof collapse on purpose.

In 2004 a miner from Kentucky, concerned about his safety in a retreat mine video taped the last moments of his life the day after talking to his wife about his concerns.

“Retreat mining is always dangerous but especially in Southern West Virginia now where we’re mining thinner seams and more discontinuous geology,” Sam Petsonk Director of the Miner’s Safety and Health project.

“Attention to safety and proper planning is probably more important because the dangers tend to be greater at greater depth and more marginal coal reserves.”

Miners carefully and skillfully cut away at pillars that are supporting a mountain above their heads. The company creates a roof control plan to determine the safest way to remove the supports and create the collapse.

In wake of the Brody tragedy last month, safety advocates are sounding off, once again, about the dangers of retreat mining.

Former MSHA leader Davitt McAtteer told the Charleston Gazette, ““It should be abolished.” 

This is nothing new. After Crandall Canyon, federal lawmakers discussed the dangerous practice during a  U.S. Senate Appropriations Committee Hearing.

Low Coal Creates New Dangers

Like several coal seams throughout Appalachia, Boone County’s coal reserves have been substantially diminished after more than 100 years of mining.  Mine operators are now producing coal from basically leftover coal reserves in which even isolated instances of noncompliance of safety rules can cause substantial injuries and death. 

In 1995, the U.S. Bureau of Mines found that the depleted coal reserves in Boone County “will be able to sustain mining activities for no more than 20 years.”  Nearly 20 years later, we continue to mine coal in these last remaining reserves.

Court documents show that at Brody Number One, a seam of coal is being mined that’s about 53 inches, or almost 4 and a half feet thick, and since we’re talking about a geological formation, the thickness likely declines over distance.

Imagine trying to maneuver equipment, machines, or even walk with a ceiling that low.

The National Institute for Occupational Safety and Health, pointed out that  mining these thinner seams often means deliberately cutting into more rock formations  other than coal. That often means increased risks of developing black lung disease as well.  

“When you’re mining a thin coal seam often an operator will mine adjacent rock to give themselves a little more space,” Sam Petsonk said. “Say if you’re in a 36 inch coal seam or less you’re probably going to cut some extra top to give yourself extra space in the mine to maneuver. That means that you find yourself cutting non-coal rock often quartz bearing  which contains highly  toxic quartz dust.”

So when mining low or thin coal seams, miners often cut “substantial amounts of rock, often containing quartz or silica, above and/or below the coal seam.

As noted on MSHA’s website, miners develop silicosis in their lungs through overexposure to dust containing silica. Silicosis is kind of like black lung disease on steroids. The quartz crystals cut, scar, and disable the lungs much more severely than coal dust.

Possible Safety Improvements

  • Seismic Monitoring: This seismic monitoring technology has existed for several decades, and it is now more widely available and more commercially viable than ever before. It basically tracks geological activity in the ground. This information could be helpful in a mine setting to help determine increased pressure.
  • Low Coal Long Wall Machine: There’s also machinery that makers claim will reduce dust, and follow seams more safely. It’s commonly referred to as the low coal long wall machine. The machine helped the Pinnacle mine in Wyoming County set a record for most productivity.

http://www.youtube.com/watch?v=txfmIxQ7B_M

  • Miner’s Rights: The state office of Miner’s Health Safety and Training says the Brody mine did not have a miners’ representative; a right created by the Federal Mine Act that enables two miners to agree to elect a person to serve as the miners’ representative. Among other things, a miners’ rep can go with an MSHA inspector to point out safety concerns or suggest changes to things like roof control plans.

The Brody mine had a history of poor safety and was even recognized by MSHA as a pattern violator. A status that the mine is contesting with the Mine Safety and Health review board.

Environmentalists offer details of coal ash ruling

A federal judge issued a memorandum Tuesday in a lawsuit challenging the Environmental Protection Agency’s failure to finalize federal coal ash…

A federal judge issued a memorandum Tuesday in a lawsuit challenging the Environmental Protection Agency’s failure to finalize federal coal ash regulations.

United States District Judge Reggie B. Walton issued a ruling giving the Environmental Protection Agency 60 days to name how long it will take to review and revise coal ash regulations. 

Coal ash, also referred to as fly ash, is a byproduct of burning coal.  Anything that doesn’t burn up, usually inorganic matter in the coal like shale, is left behind in boilers and is usually disposed of in landfills and settlement ponds.

Power plants in the U.S. produce about 140 million tons of the ash each year and according to the EPA, about 1,000 active coal ash storage sites exist across the nation. West Virginia is home to more than twenty sites.

Judge Walton’s ruling is the outcome of the lawsuit filed in early 2012 by nearly a dozen environmental groups challenging the EPA’s inaction to revise coal ash regulations.

In a conference call senior administrative counsel at Earthjustice, Lisa Evans, spoke about the court’s decision. She referred to the coal ash disaster that occurred in late 2008 when over a billion gallons of toxic coal ash sludge burst through the dam of a waste pond, located 60 feet above the Emory River at TVA’s Kingston Fossil Plant in Tennessee. The waste covered 300 acres below the plant, destroying homes, poisoning watersheds. The event provided impetus for many groups to demand new regulations for the disposal of the power plant waste.

“EPA is now required to come forward with a proposed schedule for completion of the ongoing coal ash rule making within 60 days,” Evans said. “Consequently on or shortly after the 5th anniversary of the Kingston Coal Ash disaster, EPA must finally announce its schedule for new coal ash rules. Once approved by this court the schedule will be enforceable against the agency should it delay again. Thus today’s order creates a clear path to obtaining a binding deadline for the much delayed and critically needed coal ash rule.”

But the ruling flies in the face of the Coal Residuals Reuse and Management Act, passed in the House this past summer.  West Virginia’s Republican Congressman David McKinley introduced the bill in an attempt to revise coal ash regulations, but leaves individual states in charge of mandating rules. The act which hasn’t yet come up for a vote in the Senate limits the EPA’s authority to regulate the waste and, most importantly, disallows the EPA from labeling the waste a hazard.

“The bill that passed through the house would take away EPA’s authority to issue this rule that is the subject of the opinion,” Evans said. “What the house bill was attempting to do was prevent the EPA from issuing this rule. So in 60 days we will see the proposed schedule for EPA’s issuance of the rule. And we hope that EPA will be able to proceed to issue that rule without interference by Congress.”

During a press conference environmentalists speculated the EPA will project a date within 2014 to issue their final ruling on any new regulations.

Property owners sue FirstEnergy over coal ash impoundment

More than 50 West Virginia and Pennsylvania property owners are suing FirstEnergy over groundwater pollution, soggy yards, and foundation damage they say…

More than 50 West Virginia and Pennsylvania property owners are suing FirstEnergy over groundwater pollution, soggy yards, and foundation damage they say was caused by a leaking coal ash impoundment.

The lawsuit in U.S. District Court in Wheeling accuses the Ohio-based power company of negligence, reckless conduct, trespassing and creating a nuisance.

It says arsenic and other substances have leached out of the unlined, 1,700-acre Little Blue Run impoundment into groundwater, and the air has been fouled by the noxious odors of hydrogen sulfide gas.

The complaint says the Pennsylvania Department of Environmental Protection has repeatedly cited FirstEnergy for violations, so FirstEnergy’s conduct should qualify as willful and reckless.

FirstEnergy spokeswoman Stephanie Walton said the company hasn’t formally received the lawsuit, but a proposed closure plan is under review by Pennsylvania regulators.
 

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