The West Virginia Democrat announced plans for his legislation just a week after a Tennessee Valley Authority coal-ash dam collapsed in Tennessee, sending more than 1 billion gallons of toxic ash pouring over homes, fields and streams.
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CHARLESTON, W.Va. -- Coal-ash impoundments across the nation are a "ticking time bomb" and federal regulations are needed before another failure like the one two months ago in Tennessee, House Natural Resources Chairman Nick J. Rahall said Thursday.
"This issue cannot be ignored," Rahall said. "I believe we have a ticking time bomb on our hands."
Rahall made his remarks during a subcommittee hearing on his legislation to force the Interior Department to regulate coal-ash dams, much as it does coal-slurry impoundments, under the federal Surface Mining Control and Reclamation Act.
The West Virginia Democrat announced plans for his legislation a week after a Tennessee Valley Authority coal-ash dam collapsed in Tennessee, sending more than 1 billion gallons of toxic ash pouring over homes, fields and streams.
Under the bill, Interior's Office of Surface Mining, Reclamation and Enforcement would write rules to require "substantially similar" design, construction and inspection standards for coal-ash dams as those current governing slurry impoundments.
Tom FitzGerald of the Kentucky Resources Council praised Rahall's legislation, but said citizen groups also want to see the U.S. Environmental Protection Agency develop a "comprehensive regulatory framework" for management of power-plant wastes.
"I know the sponsor shares my belief that regulation of these wastes under SMCRA is not the ideal strategy, and that it is not a surrogate for a comprehensive regulatory framework managing all aspects of this growing and increasingly problematic waste stream," FitzGerald told lawmakers.
Nick Akins, executive vice president of American Electric Power, told subcommittee members the idea of federal oversight or standards has some merit. But, Akins said, industry is worried that OSM might not be the best agency to take on the job, and that federal rules would overlap or duplicate existing state requirements.
"We need an effective, but coordinated approach," Akins said.
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CHARLESTON, W.Va. -- Coal-ash impoundments across the nation are a "ticking time bomb" and federal regulations are needed before another failure like the one two months ago in Tennessee, House Natural Resources Chairman Nick J. Rahall said Thursday.
"This issue cannot be ignored," Rahall said. "I believe we have a ticking time bomb on our hands."
Rahall made his remarks during a subcommittee hearing on his legislation to force the Interior Department to regulate coal-ash dams, much as it does coal-slurry impoundments, under the federal Surface Mining Control and Reclamation Act.
The West Virginia Democrat announced plans for his legislation a week after a Tennessee Valley Authority coal-ash dam collapsed in Tennessee, sending more than 1 billion gallons of toxic ash pouring over homes, fields and streams.
Under the bill, Interior's Office of Surface Mining, Reclamation and Enforcement would write rules to require "substantially similar" design, construction and inspection standards for coal-ash dams as those current governing slurry impoundments.
Tom FitzGerald of the Kentucky Resources Council praised Rahall's legislation, but said citizen groups also want to see the U.S. Environmental Protection Agency develop a "comprehensive regulatory framework" for management of power-plant wastes.
"I know the sponsor shares my belief that regulation of these wastes under SMCRA is not the ideal strategy, and that it is not a surrogate for a comprehensive regulatory framework managing all aspects of this growing and increasingly problematic waste stream," FitzGerald told lawmakers.
Nick Akins, executive vice president of American Electric Power, told subcommittee members the idea of federal oversight or standards has some merit. But, Akins said, industry is worried that OSM might not be the best agency to take on the job, and that federal rules would overlap or duplicate existing state requirements.
"We need an effective, but coordinated approach," Akins said.
John Craynon, regulatory support chief at OSM, said his agency has not yet developed a position on the legislation, but it worried that a six-month time limit to write new rules would be difficult to meet.
Environmental groups not involved in the hearing also issued statements Thursday, questioning whether OSM should be in charge of coal-ash enforcement. Those groups also said Congress should take Rahall's bill a step farther, and outlaw the disposal of coal-ash in wet impoundments.
"We're heartened to see Chairman Rahall and the committee taking seriously the threat posed by coal ash," said Earthjustice associate legislative counsel Ben Dunham. "But if we're going to keep people safe, we need to altogether ban the practice of dumping this toxic mixture into ponds where it can easily seep into drinking water supplies. There are safer alternatives. Those are the ones we should be considering."
Davitt McAteer, a longtime mine safety advocate, said Rahall's bill could also be strengthened if it required "emergency action plans" for notifying residents near impoundments of potential problems and evacuation routes.
McAteer also urged Rahall to involved the federal Mine Safety and Health Administration - which McAteer headed during the Clinton administration - because of MSHA's long history in overseeing coal-slurry impoundments.
And, McAteer cautioned that regulators don't know nearly enough about the dangers of coal-ash and coal-slurry wastes to allow them to be injected underground for disposal.
"We don't understand the long-term consequences of this injection," McAteer said. "We don't know where this stuff is going to go or if it's going to contaminate water supplies."
Reach Ken Ward Jr. at kw...@wvgazette.com or 304-348-1702.
Read the hearing testimony on the Web:
http://resourcescommittee.house.gov/
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I ask, why does Rep.Nick Rahall insult citizens intelligence ? He should have said this when the Buffalo Creek disaster happened !!!!!!
What a game this state politicans play !!!!
Buffalo Creek Website. Full Story.
http://www.wvculture.org/hiStory/buffcreek/bctitle.html