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Day two of David Pecker testimony wraps in NY Trump trial; Supreme Court hears arguments on Idaho's near-total abortion ban; ND sees a flurry of campaigning among Native candidates; and NH lags behind other states in restricting firearms at polling sites.

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The Senate moves forward with a foreign aid package. A North Carolina judge overturns an aged law penalizing released felons. And child protection groups call a Texas immigration policy traumatic for kids.

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Wyoming needs more educators who can teach kids trade skills, a proposal to open 40-thousand acres of an Ohio forest to fracking has environmental advocates alarmed and rural communities lure bicyclists with state-of-the-art bike trail systems.

Coal Ash Disposal on Old Surface Mines: "Beneficial" to Whom?

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Monday, January 4, 2016   

CHARLESTON, W.Va. - A loophole for disposal of toxic coal ash is being widely misused across northern West Virginia, according to experts worried about heavy metals leaching into creeks and rivers.

As the U.S. wrestles with how to dispose of decades worth of coal ash, Jim Kotcon, Energy Committee chairman with the Sierra Club West Virginia Chapter, says as much as 40 percent of current disposal falls under a "beneficial use" exemption, despite the ash containing mercury, lead, arsenic and cadmium, among other toxins.

He says the state's waters are vulnerable with this kind of disposal.

"In most cases, that means it is being carried to surface mines, dumped on the ground for so-called soil remediation or acid mine drainage treatment," says Kotcon.

Under pressure from coal and power plant allies in Congress, the Environmental Protection Agency classified the ash as a "special waste" rather than a "hazardous waste." The U.S. still produces about 140 million tons of coal ash a year, one of the largest kinds of solid waste by weight. Some ends up being used to make products like paper and wallboard, but it's a small fraction of the total.

Most of the ash goes into landfills or temporary impoundments. The federal Office of Surface Mining is now writing rules for placing it on old mine sites. Congressman David McKinley has forcefully defended what he describes as coal ash "recycling." He argues that its use, in industries like paper-making, supports jobs. And he sponsored a bill to make the 'special waste' designation permanent.

"Three hundred-and-sixteen thousand jobs are at risk," says McKinley. "What we're trying to do is codify that provision, so that we've removed the uncertainty for the recyclers."

Kotcon says calling it "recycling" disguises the fact that in most cases of "beneficial use," the ash is just dumped on the ground or mixed with the soil. He says according to the EPA, that's the worst thing that can be done with the ash, given the likelihood of leaching into surface and ground water.

"And yet, there is very little regulation or monitoring of what happens to the heavy metals from these sites. We're just not monitoring it, and we don't have a good handle on where it's happening," says Kotcon.


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