Manchin, other senators introduce coal ash bill

Oct 22 - McClatchy-Tribune Regional News - Chad Abshire Williamson Daily News, W.Va.

U.S. Senator Joe Manchin (D-W.Va.) joined a bipartisan group of senators to introduce the Coal Residuals Reuse and Management Act of 2011 on Thursday, which would ensure the safe and effective disposal of coal combustion residuals, a byproduct of coal-fired electricity generation, also recycled as a valuable building material.

Under this legislation, states could set up their own permitting program for the management and disposal of coal ash that is based on existing EPA regulations to protect human health and the environment.

"The bipartisan support for this commonsense legislation is so strong, and has been building for a long time because overregulation of coal ash by the EPA would threaten vital industries," Manchin said, "as well as needlessly cost West Virginia and the nation more jobs -- neither of which we can afford."

The legislation is prompted by the EPA's proposal to regulate coal ash as hazardous waste. Coal ash is a byproduct that has been safely used for buildings, roads, bridges and other infrastructure for years under state regulations. The agency's new rule would add additional costs to recycling companies and power plants, thereby increasing the cost of electricity to consumers.

Coal ash is chemically similar to clay, and can thought of as a calcined or fired clay, lending itself as a replacement for other resources. There are three types of ash: fly, bottom and boiler slag.

As an example of its usage, the Federal Highway Administration specifies using fly ash in all highway concrete pavements wherever it is economically and technically feasible.

Concrete with fly ash, according to American Electric Power's website, has a lower cost and improve workability, among other things.

The bill would set up a state permitting program for coal ash under a section of the Resource Conservation and Recovery Act (RCRA) that would ensure sites have the adequate groundwater monitoring, protective lining, and properly engineered structures needed to protect communities.

"This legislation gives us a commonsense fix: let each state use existing EPA health and environment regulations to set up their own permitting program that allows them to recycle and reuse coal ash," Manchin said. "This approach will protect jobs and our economy, and give families and businesses the certainty they need to help restore confidence."

In addition to Senator Manchin, Senators John Hoeven (R-N.D.), Kent Conrad (D-N.D.), Michael Enzi (R-Wyo.), Mary Landrieu (D-La.), Rob Portman (R-Ohio), Ben Nelson (D-Neb.), and John Boozman (R-Ark.) have also sponsored this bill.