Residents push for tougher fly ash laws

BALTIMORE (Map, News) - Anne Arundel residents and officials want the new laws on the dumping of coal fly ash to be tougher on pollution controls and allow more public awareness of fly ash issues.

Only five of the two dozen people at a Maryland Department of the Environment public hearing testified Tuesday on new laws for dumping fly ash — the byproduct of coal combustion — into sand and gravel mines to reclaim the land.

The Maryland Department of the Environment is proposing the new regulations after fly ash dumped into two mines in Gambrills contaminated dozens of private wells. Fly ash contains heavy metals known to cause cancer and diseases.

“This is a public health issue and an environmental threat, and I commend [MDE] on taking this step,” said Fran Phillips, Anne Arundel’s health officer.

“... But there are some deficiencies that need to be addressed.”

Phillips, testifying on behalf of County Executive John R. Leopold, said Anne Arundel wants the space between the ash and water table to be extended to 4 feet, rather than the proposed 3 feet, and the $1,500 penalty cap on violations to be increased to help pay for cleanup costs.

Crofton resident Robert E. Smith echoed the concern of many in his community about potentially harmful airborne fly ash. Crofton borders Gambrills to the south.

The proposed regulations do call for wetting down the ash before it leaves the power plant and other controls, but residents want stiffer regulations after a recent study by Environment Maryland found fly ash in samples taken around Gambrills.

Smith also said the lack of public involvement in the process and notification of water contamination need to be addressed in the proposed laws.

“We have the right to be notified of the dumping of fly ash,” Smith said.

Stephen Pattison, MDE’s assistant secretary, said the comments made will be considered as MDE refines the bill for another public meeting Feb. 26.

Another public hearing in Crofton or Gambrills could happen before then, he said.

Constellation Energy, which produces fly ash at two Baltimore-area power plants and has been fined by MDE, did not testify and has not commented on the proposed regulations.

James Roewer, director of the Utility Solid Waste Activities Group, asked that the term “waste” and “byproducts” be changed to “products” because such words “stigmatize” what he calls a very useful product.

Fly ash is used as concrete filler and in bricks.

“There is nothing wrong with the placing of ash in mines if proper procedures are followed,” Roewer said.

jflanagan@baltimoreexaminer.com

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