Fly ash standards board largely industry insiders

By Robert McCabe
The Virginian-Pilot© March 13, 2009

The state has tapped 13 experts to weigh changes to regulations governing fly ash. More than half of them - at least seven members - have ties to industry or businesses that use "coal combustion byproducts," which include fly ash.

While the list includes a couple of academics and a state mining official, only two on the study group call themselves environmental advocates.

Having equal representation among industry, environmentalists and academics on a study panel is not always possible, said David Paylor, the director of the Virginia Department of Environmental Quality.(Do What?, sort like the Uranium Subcommittee!!)

"It's a frequent criticism that we get because sometimes there are a few more industry folks than environmental," Paylor said. "That doesn't mean it's an imbalance."

Paylor had the final say on the selection of panel members. He picked 13 from a pool of 20 volunteers.

"It's very clear to us now that there certainly are sufficient questions about the proper placement of (coal combustion byproducts) and that our regulations call for a thorough review," Paylor said.

"There's a need to assure the public that we have procedures in place that will protect them."

The formation of the committee follows media reports about two large Virginia fly ash projects.

One of them is the 217-acre Battlefield Golf Club at Centerville in Chesapeake, contoured with 1.5 million tons of fly ash from Dominion Virginia Power's coal-burning power plant in Deep Creek.

While Virginia's solid-waste regulations were changed in the early 1990s to include provisions for the "beneficial use" of fly ash if placed under paved surfaces or structures, a separate, stand-alone set of "coal combustion byproducts " regulations became effective in early 1995.

Those rules, now in effect, allowed for the beneficial use of fly ash in situations where it would not be covered by pavement or structures.(There is no beneficial use of fly ash, it is pure poison, again do what???!!!)

The golf course project in Chesapeake is one of 14 projects in Virginia developed under the 1995 rules.

D evelopers must simply notify the Department of Environmental Quality of their intentions and file a series of documents that include certifications by professional engineers.

The rules do not require the agency to vet the developers' documentation.

Asked whether the panel of experts would address such aspects of the regulations, Paylor responded: "Everything will be on the table for discussion."

The panel is strictly consultative and has no regulatory power. Perhaps more to the point, it is not a democracy where the majority rules, Paylor said.

"We don't take votes; we take input," he said. "And then we try to reconcile all the issues and come up with the best possible regulation. And then send it out for public comment."

Jeff Stant, with the Environmental Integrity Project, an advocacy group based in Washington, D.C., served on a DEQ panel earlier this year that led to the formation of the new advisory committee. Being odd man out in such a group can be a little intimidating, he said.

At the group's first meeting June 12, he was the only environmental advocate in attendance.

Other members included five industry representatives, three DEQ officials and two Virginia Tech professors.

"I'm not going to delude myself into thinking that the people representing citizens or environmental groups are going to have an equal voice," Stant said.(Again, do what???? No one are representing us, no joke, sort of like the "fox in charge of the hen house"!!!!!

"They never do until there's enough political furor to make sure they do."

Those selected will travel a few times a year to Richmond, and cover their own expenses for meals, lodging and anything else. The costs involved can often make the participation of experts from nonprofit environmental groups a challenge.

Rick Parrish, an attorney with the Southern Environmental Law Center, based in Charlottesville, is one of the two environmental advocates selected.

He has served previously on a similar DEQ committee, as well as on federal advisory committees. As an environmental advocate, he's used to being in the minority, he said.

"That's the facts of life," he said.

"It can be more difficult to advocate a particular point of view if you don't have the resources to put your best argument forward," Par-rish said. "If you can't bring consultants to the table, experts to the table, not able to analyze data - that applies pretty much in every context, not just these committees."

Parrish said federal advisory committees, by law, could never have the kinds of numerical imbalances seen on DEQ panels.

That system, however, isn't perfect, and functional imbalances can still exist despite efforts to prevent them, he said.

A sense of realism, however, exists on the federal level, he said.(Do What???, strange statement from an Advocate!!!!!!)

"My sense is that, at least on the federal committees, people understand there's going to be some give-and-take," Parrish said. "You're not just there to protect your interests."

The panel's first meeting will be March 24 at the Department of Environmental Quality in Richmond. Information concerning meetings will be posted on the Virginia Regulatory Town Hall Web site at www.townhall.state.va.us/.

Any changes to the existing regulations by the DEQ panel could take two years to develop and get in place, state officials say.

On Monday, the U.S. Environmental Protection Agency announced that it was "developing regulations to address the management of coal combustion residuals," such as fly ash, which contains metals such as arsenic, lead and mercury that can pose environmental risks through air and groundwater. (I love the EPA, how long has coal ash been around, huh, forever;however the EPA is just started to develop regulations???????????????????????????!!!!!!!!!!!!!)

The EPA said it planned to have a proposed rule ready for public comment by the end of the year.

Robert McCabe, (757) 222-5217, robert.mccabe@pilotonline.com