THE STATE JOURNAL
Lawsuit tests use of coal ash for remediating mine waste
Posted: Jun 26, 2013 2:50 PM EST Updated: Jun 26, 2013 2:57 PM EST
By Pam Kasey
Residents living near the LaBelle Refuse Site, a coal waste site located
along the Monongahela River in southwestern Pennsylvania, are going to court
over what they claim is illegal disposal of coal ash and treatment of coal
mine waste.
The Citizens Coal Council, a national alliance of citizens' groups, filed a
<http://www.environmentalintegrity.org/news_reports/documents/2013_06_26_FIN
AL_CCC%20Canestrale%20Complaint.pdf> legal complaint against Matt Canestrale
Contracting Inc. on June 26 in the U.S. District Court for the Western
District of Pennsylvania. Attorneys from the Environmental Integrity
Project, Public Justice, and Goldberg, Persky & White P.C. representing CCC
announced the lawsuit.
Canestrale disposes of more than 100,000 tons per year of coal combustion
residuals, or CCRs - commonly known as coal ash - from FirstEnergy's
Mitchell plant and GenOn Energy's Elrama plant at an old,
<https://maps.google.com/maps?q=Luzerne+Township,+PA&hl=en&ll=39.999479,-79.
970083&spn=0.032481,0.084543&sll=41.286062,-75.893555&sspn=4.077969,10.82153
3&oq=Luzerne+township,+PA&hnear=Luzerne,+Fayette,+Pennsylvania&t=h&z=14>
unlined coal waste disposal site at LaBelle, Pa., on the Monongahela River
south of Pittsburgh.
It's an activity FirstEnergy calls a "
<https://www.firstenergycorp.com/content/fecorp/newsroom/news_releases/first
energy-announces-plans-to-beneficially-use-scrubber-materia.html> coal mine
reclamation project" and CCC's attorneys call a "coal ash mine dump" - a
difference of language that points to a gap, a still ill-formed gray area,
in the ongoing dialogue about the disposition of CCRs.
Electric utilities and coal producers like to mix alkaline coal ash with
acidic coal mine refuse as a mine remediation technique.
Both industries claim it's a mutually beneficial arrangement that makes good
use of what otherwise would be alkaline power plant waste to solidify and
neutralize coal refuse that otherwise would create acidic, polluting runoff
and leachate.
But citizens' and environmental groups point to evidence that the acidic and
alkaline materials don't neutralize each other and the coal ash doesn't
solidify, and that adding coal ash to coal refuse only increases the
leaching of toxic substances.
But there's not yet any clear regulatory guidance.
The Environmental Protection Agency encourages beneficial re-use of any
waste product for substances that are judged to be safe. For CCRs, that can
mean, for example, re-use in cement block or in drywall.
For CCRs that aren't re-used, the agency currently is in a long-delayed
process of determining whether those that are disposed of should be
regulated as hazardous waste or as household waste.
But even that won't address the question of their use for coal mine
reclamation. That is expected to be addressed by the federal Office of
Surface Mining and Reclamation Enforcement, possibly not until after the
EPA's delayed rules are finalized.
"One of the goals of this suit is to illustrate that we do need a good rule
from OSM," said Public Justice attorney Richard Webster.
The June 26 complaint alleges that Canestrale is violating the federal
Resource Conservation and Recovery Act and state laws designed to protect
rivers and streams as well as laws that reduce fugitive particulate matter
pollution.
The refuse site is polluting local streams with high levels of sulfate,
iron, manganese and other salts that damage fish and other aquatic life,
according to suit. It also is leaking aluminum, manganese, sulfates and
total dissolved solids into groundwater at levels that are above
Pennsylvania drinking water standards.
Fugitive particulate matter also blows from trucks hauling coal ash without
required covers, the suit states.
Concerns about pollution caused by the refuse site prevent local residents
from hunting, fishing and engaging in outdoor recreation along the
Monongahela River and its tributaries near the dump, the groups say.
Canestrale currently is seeking the site's third permit renewal since it
opened in 1998, according to the Pittsburgh Tribune-Review.
And when FirstEnergy committed earlier this year to close its Little Blue
Run coal ash impoundment at the West Virginia-Pennsylvania border by 2017,
it announced that it would shift the disposal of 3 million tons per year of
power plant scrubber waste to the LaBelle Refuse Site.
The arrangement would have to be approved by the Pennsylvania Department of
Environmental Protection, the company said at the time.
>From the National Journal. Full story at:
http://news.yahoo.com/coal-lobbys-fight-survival-060025322.html
"The coal industry hopes that even if U.S. coal production shuts down,
it could find salvation in overseas markets, by exporting coal to China
and Europe. But Obama put the kibosh on that this week, too. He called
on all world governments to end public funding for coal-fired power
plants—a move the U.S. can enforce through its influence in
organizations like the World Bank. "That definitely sent a signal that
the U.S. doesn't support coal in the world," said Jennifer Morgan, an
analyst with the World Resources Institute, a think tank."
In the coming weeks, the {Coal Lobby} will roll out a new
public-relations and lobbying blitz aimed at resetting its message and
defusing antagonism with the administration. Instead of saturating Fox
News with "war on coal" ads, the group will send Duncan on cable news
and the editorial-board circuit to talk about coal's role in the economy
and how to create a "path forward" for with new technology.
Anyone want to speculate on what the efforts on coal exports will do?
I have not followed that aspect of Obama's Climate Action Plan.
And the key pitch of the story is that the Coal lobby will have to
surrender the "War on Coal" rhetoric, and ask the Obama Administration
for help, or it won't survive at all.
Jim Kotcon
fyi, paul
---------- Forwarded message ----------
From: David Dow <ddow420(a)comcast.net>
Date: Wed, Jun 26, 2013 at 9:54 AM
Subject: Fwd: [CONS-EQST-WATER-FORUM] Study: Drinking Water Contamination
Linked to Fracking, Horizontal Drilling | Common Dreams
To: Alison Robb <nature(a)cape.com>, Paul Wilson <pjgrunt(a)gmail.com>, Becky
Bartovics <bartovi(a)earthlink.net>
fyi
Begin forwarded message:
*From: *John S Glenn <Johnsglenn(a)hotmail.com>
*Date: *June 26, 2013 9:17:37 AM EDT
*To: *CONS-EQST-WATER-FORUM(a)LISTS.SIERRACLUB.ORG
*Subject: **[CONS-EQST-WATER-FORUM] Study: Drinking Water Contamination
Linked to Fracking, Horizontal Drilling | Common Dreams*
*
*
*http://www.commondreams.org/headline/2013/06/25-4*<http://www.commondreams.org/headline/2013/06/25-4>
Well,
We all knew that years ago; what happens henceforth? Just guess.
<snip>
Published on Tuesday, June 25, 2013 by Common Dreams
Study: Drinking Water Contamination Linked to Fracking, Horizontal Drilling
Concentrations of methane in drinking water near gas wells six times higher
than levels farther away
- Andrea Germanos, staff writer
<snip - more >
John S Glenn
214 N 17th Street
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Home: 904-261-9468
Skype: 904-572-1812
Cell: 904-583-4128
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"There is no forward until you have gone back" ~Buddha
"In all things of nature there is something of the marvelous" ~ Aristotle
---------- Forwarded message ----------
From: "Julia Reitan" <julia.reitan(a)sierraclub.org>
Date: Jun 24, 2013 4:07 PM
Subject: CONFERENCE CALL TUES (Jun 25): Obama Climate Plan and the Sierra
Club
To: <CCL-CHAPTER-CHAIRS(a)lists.sierraclub.org>
TO: Chapter Staff and Volunteer Leaders
FR: Office of Chapter Support: Julia Reitan, Gwyn Jones, Greg Casini
Please join the call if you can!
Obama Climate Plan and the Sierra Club
Please join us at 9pm EST, 6pm PST Tuesday evening for a call with Michael
Brune to report on the President's Climate Change Plan announcement and the
Club's response. Mary Anne Hitt, Beyond Coal Campaign Director, will also
discuss details of the anticipated announcement on power plant standards.
There will be Q&A with Michael Brune and Mary Anne Hitt for questions
submitted in advance or during the call via email. If you have specific
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Tuesday 9pm EST, 6pm PST
1-866-501-6174
2000001#
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Julia Reitan
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San Francisco, CA 94105
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fyi, paul
---------- Forwarded message ----------
From: Becki Clayborn <becki.clayborn(a)sierraclub.org>
Date: Mon, Jun 17, 2013 at 4:29 PM
Subject: [Coal Volunteers List] WEBINAR: Help Stop Toxic Water Pollution
from Power Plants!
To: #Coal-Volunteers <coal-volunteers-list(a)sierraclub.org>
Help Stop Toxic Water Pollution from Power Plants! Join us for
a Webinar on Thursday June 27th at 8pm ET / 7pm CT / 6pm MT / 5pm PT
<https://www4.gotomeeting.com/register/160279351>
EPA has proposed a rule that could end the dumping of toxic water pollution
from coal power plants! Coal power plants are the source of nearly
three-quarters of the toxic water pollution in this country, dumping
millions of pounds of poisons into the water each year (ie: arsenic,
selenium, boron, cadmium, mercury and lead) which in turn can affect our
drinking water, fishing areas and local rivers and streams. The water
pollution standards for coal plants are 31 years old, and 4 out of 5 plants
lack any limits on the toxic metals they emit. This EPA rule is about to
change that.
This summer we will focus much of our field work on showing strong support
for this standard to reduce toxic water pollution from coal plants. Our
successful demonstration of public support for water standards on coal
fired power plants will protect our communities from dangerous chemicals
that can lead to birth defects, cancer and even death.
To learn more about the toxic water pollution standard for power plants,
and the activities that will help build support across the nation, please
join us for this webinar on June 27 at 8pm ET / 7pm CT / 6pm MT / 5pm PT.
Speakers will cover the details of the rule; how the rule will affect power
plants, examples of activities and events in the works for the summer, and
the next steps to take locally. There will also be a Q&A session at the
end of the call.
This call will be recorded for future viewing.
Reserve your Webinar seat now at:
https://www4.gotomeeting.com/register/160279351 *Title:* Help Stop
Toxic Water Pollution from Power Plants! *Date:* Thursday, June 27, 2013 *
Time:* 8:00 PM - 9:00 PM EDT After registering you will receive a
confirmation email containing information about joining the Webinar. *System
Requirements*
PC-based attendees
Required: Windows® 7, Vista, XP or 2003 Server Mac®-based attendees
Required: Mac OS® X 10.6 or newer Mobile attendees
Required: iPhone®, iPad®, Android™ phone or Android tablet
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Becki Clayborn
Sierra Club Beyond Coal Campaign
Internal Capacities and Communications Coordinator
Chicago, IL
312-251-1680
630-881-3480 (cell)
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To access the Beyond Coal Campaign Resource Portal, go to:
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504 Jefferson Ave
Charles Town, WV 25414-1130
Phone: 304-725-4360
Cell: 304-279-1361
"There is no forward until you have gone back" ~Buddha
"In all things of nature there is something of the marvelous" ~ Aristotle
>>> Angie Rosser <arosser(a)wvrivers.org> 6/13/2013 6:04 PM >>>
Triennial Review Public Hearing on July 15, 6:00pm.
Comment period ends July 29th.
Next step: Angie will pull together draft comments and will circulate
those next week for group review and editing.
===========================================================
The West Virginia Department of Environmental
Protection has scheduled public hearings for its 2014 proposed
legislative rules for the Division of Water and Waste and Voluntary
Remediation and Development Program. All three hearings will take place
at the DEP’s Charleston headquarters, 601 57th Street S.E., Charleston,
WV 25304. Oral and written comments will be limited to the proposed
revisions and will be made a part of the rulemaking record. Copies of
the rules are available from the Secretary of State’s office or from the
DEP at www.dep.wv.gov/pio/Pages/Rules.aspx. You may also obtain printed
copies of the information by calling the phone numbers listed below.
Written comments may be submitted to the Public Information Office at
the above address. Comments may also be e-mailed to DEP.Comments(a)wv.gov.
The hearing date, location and time for all three rules are the same.
The public record will be opened, comments will be taken, the record
closed and then the next rule will follow.
Division of Water and Waste Management
47CSR2 – Requirement governing Water Quality Standards The comment
period for this rule ends July 29, 2013.
47CSR5A – Rules for Individual Certification of Activities Requiring a
Federal Permit The comment period for this rule will end at the
conclusion of the hearing.
The public hearing for these rules will begin at 6 p.m., Monday, July
15 in the Coopers Rock Training Room. For more information on the Water
and Waste Management Rules call 304-926-0495.
Division of Land Restoration
60CSR30 – Voluntary Remediation and Redevelopment Rule
The public hearing will begin at 6 p.m., Monday, July 15 in the Coopers
Rock Training Room. The comment period will end at the conclusion of the
hearing.
For more information on the Voluntary Remediation and Redevelopment
rule call 304-926-0455.
Subject grad ass't. position Marcellus/birds
http://www.osnabirds.org/Jobs/Ph-D--GRADUATE-ASSISTANTSHIP.aspx
--
Cynthia D. Ellis
RR 1 Box 163
Red House, WV 25168
304 586-4135
304 206-0083
cdellis(a)wildblue.net
Thousands have lived without love---not one without water.
~W.H. Auden
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*NATION*
*Utilities, solar advocates battle over future
rates<http://link.email.washingtonpost.com/r/8VXTM7/S3JJQR/ZZER1R/5OLO03/26HKVE/6…>
*
Distributed generation threatens century-old business model of electricity
providers.
( by Lenny Bernstein , The Washington Post)
--
Paul Wilson
Sierra Club
504 Jefferson Ave
Charles Town, WV 25414-1130
Phone: 304-725-4360
Cell: 304-279-1361
"There is no forward until you have gone back" ~Buddha
"In all things of nature there is something of the marvelous" ~ Aristotle