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Industry Formally Supports Federal Regulation of Coal Ash Disposal

            America’s foremost association of electric utilities, coal ash recyclers, and allied industries has formally endorsed federal oversight of coal ash disposal – debunking environmentalist claims that industry is trying to evade regulation.

            In a resolution unanimously approved April 12 by the 50-member Board of Directors of the American Coal Ash Association, the group indicated that it supports federal regulation of coal ash disposal under Subtitle D of the Resource Conservation and Recovery Act.

            The American Coal Ash Association was established in 1968 to support recycling of the materials created when coal is burned to produce electricity.  While other organizations focus on disposal issues, 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 supportive of a sustainable global community.

            Anti-coal environmental groups have wrongly accused industry of trying to stymie development of new coal ash disposal regulations by the U.S. Environmental Protection Agency.  ACAA’s resolution conclusively shows that industry actually supports EPA regulation. What it opposes is any unjustified and unnecessary designation of coal ash as “hazardous waste” – a step that would seriously complicate efforts to continue recycling the material as a preferred alternative to disposal.

            ACAA’s resolution notes that federal Subtitle D regulation would take effect sooner than “hazardous” regulations could, that thousands of green jobs would be saved and that negative impacts to coal ash recycling would be avoided.

            Here is the complete text of ACAA’s approved resolution:

 

The Board of Directors of the American Coal Ash Association (“the ACAA”), a trade organization established in 1968 and devoted exclusively to encouraging beneficial uses of coal combustion products (“CCP”) in ways that are beneficial to the environment, economy, and society, conducted a meeting on April 12, 2010,  at which time the Directors duly adopted the following resolution.

 

WHEREAS, the ACAA has considered the salient features of changes to regulation of coal combustion byproducts (“CCB”)  under the Resource Conservation and Recovery Act (“RCRA”) of 1976;

 

WHEREAS, ACAA members are engaged daily in the beneficial use of CCP and thousands of green jobs within the CCP  industry depend upon meeting numerous standards and specifications set by ASTM International (“ASTM”), the American Concrete Institute (“ACI”), the American Association of State Highway and Transportation Officials (“AASHTO”), the U.S. Environmental Protection Agency (“EPA”), and other state and local agencies;

 

WHEREAS, EPA has discussed proposing to regulate CCB under RCRA under either Subtitle C - Hazardous Waste, Subtitle D - Non-hazardous waste, or a “hybrid” approach that would include some form of Subtitle C regulation;

 

WHEREAS, numerous states, ASTM, ACI and AASHTO have signaled in written correspondence to EPA that a Subtitle C regulatory approach, including a hybrid approach, would have negative impacts upon beneficial uses of CCP;

 

WHEREAS, ACAA agrees that regulating CCB under Subtitle C of RCRA, including under a hybrid approach, would have negative impacts upon beneficial uses of CCP;


WHEREAS, implementation of CCB rules under Subtitle D would occur sooner than under Subtitle C, thousands of CCP green jobs would be saved and negative impacts to the beneficial uses under Subtitle C would be avoided; and,

 

WHEREAS, ACAA supports regulation of CCB under Subtitle D of RCRA;


The following resolutions were offered, seconded, and adopted.

 

BE IT RESOLVED that the Directors of ACAA support federal regulation of CCB under Subtitle D of RCRA; and,

 

BE IT FURTHER RESOLVED that the Directors of ACAA oppose regulation of CCB under Subtitle C of RCRA.

 

Posted by: on: Apr 15, 2010 @ 02:42