Tougher rules on coal fly ash dumps not enough, county executive says

BALTIMORE (Map, News) - State environmental officials will be applying tougher regulations to coal fly ash dump sites, but Anne Arundel’s county executive is not satisfied.

“I’m not pleased with [the Maryland Department of the Environment’s] track record, because they knew about [fly ash] contamination and did not take action,” said County Executive John R. Leopold.

The new regulations from the MDE came out a month ahead of time and will monitor and control the use of fly ash and other coal-combustion by-products.

“Over the years, we’ve been waiting to see what would come from the federal government ... but we can’t wait any longer,” said Stephen Pattison, assistant secretary of MDE and a former Constellation Energy executive.

The dumping of fly ash to reclaim gravel pits in Gambrills sparked the new regulations, Pattison said. Heavy metals, some of which are cancer-causing, leaked into the local water table and contaminated more than 20 wells.

The new regulations may not affect the Gambrills site, though MDE, Constellation Energy — owner of the fly ash — and the mine operator have agreed to clean up the contamination.

Fly ash dumping is illegal in Anne Arundel for one year, and Leopold said he plans to extend the ban or make it permanent when the provision ends.

“Anne Arundel’s prohibition on fly ash signals clearly how I feel about this issue,” Leopold said.

A public hearing will be held Feb. 26 on the new regulations, which go into effect April 1.

AT A GLANCE

The Maryland Department of the Environment developed new rules regarding material such as fly ash:

» Coal power plants must tell MDE how much fly ash is produced and where the material is going.

» Controls such as truck covers and water tanks must be in place at the power plant and the dumping site to minimize dust.

» A layer of clay, earthen material or a synthetic material must be in place before fly ash is dumped. The liner will be similar to what is used in solid waste landfills.

» The contents of the fly ash — particularly the heavy metals — must be monitored and reported to MDE. Fly ash with excess heavy metals cannot be dumped

» Fly ash cannot be dumped within 3 feet of the water table.

jflanagan@baltimoreexaminer.com

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