ccp regs: today and tomorrow - american concrete institutescope of production and use •5% to 10%...
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American Coal Ash Association
ACI Spring Convention
Minneapolis, MN April 14, 2013
CCP Regs: Today and TomorrowCCP Regs: Today and Tomorrow
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American Coal Ash Association
Coal Combustion Products
• Fly ash – cement, concrete, carpet backing
• Bottom ash – structural fills, lightweight aggregate for masonry units
• Boiler slag – shingles, blasting grit
• FGS gypsum – wallboard, agriculture, cement manufacture
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American Coal Ash Association
Scope of Production and Use
• 5% to 10% of each ton of coal combusted stays behind
• 130 million tons per year
• Second largest waste stream in US
• Disposal in ponds and landfills
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American Coal Ash Association
Recent Recycling History
• 2000: 29.5% of ash recycled
• 2000: EPA “Final Determination”
• $$$$$ comes to recycling
• 2002 C2P2 created
• 2008: Recycling hits 44%
• Recycling stuck since 2008 at 43% due to regulatory uncertainty
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American Coal Ash Association
Today
• No federal regulations exist for beneficial use or disposal of coal combustion products
• Many states have their own regs
• Regulations come in the form of statutes, regulations issued by agencies, and use restrictions
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American Coal Ash Association
Why Federal Regs?
• Regulations first introduced in 1976 in the Resource Conservation and Recovery Act
• Bevill Amendment in 1980
• Reports to Congress 1988 and 1999
• EPA Determinations
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American Coal Ash Association
Why Federal Regs?
• 1993: EPA issues its first determination
“Management as hazardous waste NOT warranted”
• 2000: EPA’s “final determination” affirms 1993 determination
• Rulings under President Clinton and EPA Administrator Carol Browner
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American Coal Ash Association
The Planets Align
• December 22, 2008: TVA Kingston, TN spill releases 5.5 million cyds. of ash
• January, 2009: New administration
• January, 2009: New administrator
• Anti-coal activists demand CCP regulation
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American Coal Ash Association
EPA, Congress and Courts
• EPA has been working to develop regulations for disposal
• Hazardous waste is preferred by EPA
• Collateral damage to recycling
• Stakeholders push back
• How to regulate without crippling disposal????
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American Coal Ash Association
Congress
• US House of Representatives has passed a bill 5 times (soon to be 6) with bipartisan support
• David McKinley, R-WV is primary sponsor
• Under McKinley plan EPA is directed to create a management program much like that used for MSW
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American Coal Ash Association
Congress
• Bipartisan group of senators offer S 3512 in 112th Congress
• 12 Democrats, 12 Republicans
• New coalition under development
• Stand-alone bill not feasible in Senate
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American Coal Ash Association
Congress
• Close in June 2012: Transportation conference considers bill
• Close in December 2012: Defense authorization considers bill
• Future opportunities?
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American Coal Ash Association
Federal District Court
• Anti-coal activists sue EPA
• Sue and settle in play?
• Marketers join in
• Interveners join in
• Conference on April 26
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American Coal Ash Association
Next Regulatory Challenges
• Closure of ash ponds
• Clean air regulations – NOX, SOX, Mercury
• Clean water regulations – water discharged from plants
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American Coal Ash Association
What Comes Next? - Markets
• Continued pressure on coal fired generation
• Plants continue to add controls to meet regulations
• Natural gas use grows rapidly
• Renewable-mania continues
• All affect ash quality/quantity
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American Coal Ash Association
Potential Solutions
• Beneficiation technologies –processing to off-set impacts of controls
• Disposed ash? – millions of tons in disposal already
• Imports? – coal burn world-wide increasing rapidly
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American Coal Ash Association
Thank youKK
American Coal Ash Association
38800 Country Club Drive
Farmington Hills, MI 48331
Website: www.acaa-usa.org
Email: [email protected]
Telephone: (720)870-7897