Wednesday, January 28, 2009
Fly ash permitting bill wins House committee OK
RICHMOND – Legislation that would require a state permit for the use of a coal byproduct known as fly ash cleared a House of Delegates committee today, overcoming objections raised by lawmakers who consider the proposed requirement burdensome.
A Senate committee endorsed an identical bill earlier this week.
House Bill 1918 would require a solid waste permit for the use of coal combustion byproduct in a 100-year flood plain. The bill was introduced by Del. Anne Crockett-Stark, R-Wytheville, in response to concerns raised in Giles County over Cumberland Park, a 7-acre site in Narrows being filled with 254,000 cubic yards of coal ash.
“The mighty New River runs through this county and we want to protect it,” Crockett-Stark said.
The legislation would not affect Cumberland Park, but Crockett-Stark said the permitting requirement would give the public a chance to be heard on future proposals to use coal waste in flood plains.
The House Committee on Agriculture, Natural Resources and the Chesapeake endorsed the bill by a vote of 13-8. The same panel killed a nearly identical measure last year.
Some lawmakers questioned whether coal ash, which also is used as structural fill on highway projects, should have permitting requirements similar to solid waste landfills.
“As sympathetic as I am to Giles County. . . the effect of this will be that when people look at using fly ash for fill to build roads, to do all the things they do with it, they’re going to look at having to get an individual permit and they’re not going to do it,” said Del. Clarke Hogan, R-Halifax County. “And so you’re going to restrict by code, in response to one problem in Giles County, the use of one of the best fill mediums there are.”
The Department of Environmental Quality already is considering regulatory changes that would cover the use of fly ash. Hogan said lawmakers should wait for DEQ to implement regulations before deciding whether legislation is needed.
The Senate likely will vote this week on an identical bill sponsored by Sen. John Edwards, D-Roanoke.
A Senate committee endorsed an identical bill earlier this week.
House Bill 1918 would require a solid waste permit for the use of coal combustion byproduct in a 100-year flood plain. The bill was introduced by Del. Anne Crockett-Stark, R-Wytheville, in response to concerns raised in Giles County over Cumberland Park, a 7-acre site in Narrows being filled with 254,000 cubic yards of coal ash.
“The mighty New River runs through this county and we want to protect it,” Crockett-Stark said.
The legislation would not affect Cumberland Park, but Crockett-Stark said the permitting requirement would give the public a chance to be heard on future proposals to use coal waste in flood plains.
The House Committee on Agriculture, Natural Resources and the Chesapeake endorsed the bill by a vote of 13-8. The same panel killed a nearly identical measure last year.
Some lawmakers questioned whether coal ash, which also is used as structural fill on highway projects, should have permitting requirements similar to solid waste landfills.
“As sympathetic as I am to Giles County. . . the effect of this will be that when people look at using fly ash for fill to build roads, to do all the things they do with it, they’re going to look at having to get an individual permit and they’re not going to do it,” said Del. Clarke Hogan, R-Halifax County. “And so you’re going to restrict by code, in response to one problem in Giles County, the use of one of the best fill mediums there are.”
The Department of Environmental Quality already is considering regulatory changes that would cover the use of fly ash. Hogan said lawmakers should wait for DEQ to implement regulations before deciding whether legislation is needed.
The Senate likely will vote this week on an identical bill sponsored by Sen. John Edwards, D-Roanoke.
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