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What is the best way to regulate coal ash?

By | May 20, 2010, 8:00 AM PDT

A dike broke in 2008 unleashing the liquid coal ash it had been containing for a Tennessee Valley Authority power plant. About 1 billion gallons of toxic grey sludge covered 300 acres of Kingston, Tennessee and spilled into the Emory River.

Coal ash can contain arsenic, mercury, lead, barium, cadmium, and selenium. In liquid form, this residue from burning coal poses a contamination threat to groundwater sources. According to the American Coal Ash Association, power plants produced 136 million tons of the stuff in 2008. Nationwide, there are 900 landfills (for burying dry ash) and impoundments (or ponds for storing wet coal ash).

Until now, the Environmental Protection Agency hadn’t regulated coal ash as a hazardous material under the Resource Conservation and Recovery Act. But they are considering doing so in one of two proposals released last week.

Option one:

  • Regulate coal ash a hazardous waste
  • Federal and State enforcement of performance requirements
  • Government-monitored corrective action

Option two:

  • Regulate coal ash similarly to garbage
  • State and/or citizen suit enforcement of performance standards
  • Self-implementing corrective action

More differences between the two are listed on this chart. Under both options, all coal ash ponds and future landfills will require liners. Neither regulatory scenario will impact the industry’s recycling of coal ash into other products, such as concrete and wallboard.

Ken Silverstein of EnergyBiz Insider reports:

If the toxin would be regulated at as a hazardous material, the agency says that would cost industry $1.5 billion a year, whereas if it is viewed as a nonhazardous byproduct, it would run $600 million a year. By contrast, TVA is spending at least $1.2 billion to clean up the accident that covers 300 acres — something that EPA contends might have been prevented if either of its two proposals had been in effect.

TVA says it will convert all of its wet coal ash to dry storage within the next decade.

Image: Wikipedia

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Melissa Mahony

About Melissa Mahony

Melissa Mahony was a contributing editor for SmartPlanet from 2010 to 2011.

Melissa Mahony

Melissa Mahony

Contributing Editor

Melissa Mahony has written for Scientific American Mind, Audubon Magazine, Plenty Magazine and LiveScience. Formerly, she was an editor at Wildlife Conservation magazine. She holds degrees from Boston College and New York University's Science, Health, and Environmental Reporting Program. She is based in New York.

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Melissa Mahony

Melissa Mahony

Melissa does not have financial holdings that would influence how or what she covers. She currently works for the Wildlife Conservation Society as an editor. Should Melissa cover a topic in which the WCS is involved, she will disclose this fact in her writing.

She writes for SmartPlanet and is not an employee of CBS.

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RE: What is the best way to regulate coal ash?
There used to be a show on PBS that talked about assorted construction options (NOT "This Old House") and they used the coal ash (AKA "fly ash") in their concrete mix. It worked quite well, giving the mix even greater strength than the normal mix. The only drawback was that it took longer for the concrete to cure.
Posted by JTF243@...
20th May 2010
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RE: What is the best way to regulate coal ash?
Just to clarify, the term "hazardous material" is used for Department of Transportation (DOT) regs that cover transportation of anything (e.g., products, raw materials, wastes) that is transported. The term "hazardous waste" is used under RCRA and is how coal ash would be regulated under Option 1. All hazardous wastes are hazardous materials when transported, but not all hazardous materials are hazardous waste.

One other clarification for the gentleman who suggested using fly ash in concrete. This could still be done (and there might be a greater impetus to do so) if coal ash was regulated as hazardous waste. In most cases, when you use a hazardous waste as a replacement for raw material, it is no longer considered hazardous waste. There are a few limitations on this exemption, but it would be a more attractive option than managing the coal ash as hazardous waste.
Posted by e.j.w@...
20th May 2010
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RE: What is the best way to regulate coal ash?
Okay this may draw flack from at least two directions, but here it goes. Offer a tax incentive to use the ash in construction. The ash would be contained, not just lying about waiting to be disturbed and become airborne. As a suggestion don't use it area were it will be worn away quickly, such as highways. Foundations and supports that are long term would be ideal. I don't know if it would be nessary to avoid use in schools and residences, but that should be thought about early in anly regulations to be passed.
Posted by garyfizer@...
21st May 2010
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It seems like small potatoes either way
In this era of trillion dollar budget deficits, even $1.5 billion a year doesn't seem like a lot of money. Remember, we are talking mostly about the electric utility industry, which is an industry that as of 2007 had revenues around $200 billion.
Posted by zackers
23rd May 2010
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RE: What is the best way to regulate coal ash?
Having quite a bit of experience with the regulations being proposed and how they apply to the power industry, I would suggest that a tax incentive is unnecessary for two reasons. First, the supply of coal ash currently produced is way greater than the demand will ever be -- that's part of the reason it is being collected. So, even if you give a tax incentive, the amount diverted from disposal would not be that much. Second, if coal ash is regulated more tightly, this will significantly increase the cost of collecting/disposing the ash, which will drive more use of coal ash to avoid regulation -- at least as much (probably more) than a tax incentive ever could. (Disposal is very expensive.) So, regulation itself will (as it has with many other waste streams) create a sufficiently strong incentive to use the ash as an ingredient in products like concrete.

Still, there will never be a market for all of it (It's a very large waste stream in the U.S.) unless the amount being generated is considerably reduced. For example, if we shift our energy production away from coal and towards nuclear and renewables, less coal ash will be produced, so we may eventually be able to use a larger percentage of it in concrete and other beneficial uses.

As with most issues of this type, there are a lot of facets to consider and a push here, a pull there, etc., is probably necessary to address the problem in a meaningful way.
Posted by e.j.w@...
24th May 2010
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RE: What is the best way to regulate coal ash?
Instead of spending billions in safe disposing why not put this money into safe green energy that will not harm the environment NOW.
Posted by lecledo
15th Aug 2010
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