Cancer rates

The EPA screening study conducted in 2002 was not made public until March 4, 2009. Numerous attempts to get the information made public through the Freedom of Information Act to the EPA during the Bush Administration were denied or released with the risk estimates blacked out. The data finally made public after seven years shows that cancer risk is substantially higher for up to one out of every 50 Americans living near wet ponds used to dispose of ash and scrubber sludge from coal-fired power plants across the United States.

The analysis focuses on 100 landfills and 110 surface impoundments examined by the EPA that lack effective synthetic liners to prevent leaks as the EPA found unlined and clay-lined waste units present far greater risks to both human health and ecosystems. These high-risk coal ash dump sites are in more than 35 states.

According to the report: “Can living next to one of these dumpsites increase your risk of getting cancer or other diseases? The U.S. Environmental Protection Agency (EPA) thinks so, especially if you live near one of those wet ash ponds, or surface impoundments, that dot the landscape near large coal plants, the pond has no protective liner, and you get your drinking water from a well … (N)earby residents have as much as a 1 in 50 chance of getting cancer from drinking water contaminated by arsenic, one of the most common, and most dangerous, pollutants from coal ash. And that’s not all. That same risk assessment says that living near ash ponds increases the risk of damage to the liver, kidney, lungs and other organs as a result of being exposed to toxic metals like cadmium, cobalt, lead, and other pollutants at concentrations far above levels that are considered safe. In addition, the danger to wildlife and ecosystems is simply off the charts, with one contaminant—boron—expected to leach into the environment at levels two thousand times thresholds generally considered to be safe.”

SOURCE: Coal Ash Spill › Study: Cancer risk ‘disturbingly’ higher near coal ash ponds

The EPA is expected to prepare a public report for each unit assessed, with the goal of completing all assessments by the end of the year.

The inspections are in response to concerns raised by residents, lawmakers and environmental groups following the December 22, 2008, coal ash spill at the Tennessee Valley Authority (TVA) Kingston, Tennessee plant, which dumped 1.1 billion gallons of toxic material on to 300 acres of an east Tennessee community and into the neighboring Emory River. Coal ash can contain dangerous toxins such as arsenic, lead, chromium, manganese and barium, which have been linked to serious health problems such as cancer, liver damage and neurological complications.

More than 125 million tons of coal ash combustion waste is produced by power plants in the United States, most of which ends up in dry landfills or in above-ground coal slurry ponds. That material was classified by the EPA in 2000 as non-hazardous and thus was exempt from government regulations. However, since 2000, improved pollution controls have kept toxins from leaving smokestacks and thus have increased the amount of toxins in coal ash, says Rhon Jones, Toxic Torts Section Head with Beasley Allen law firm.

“Hopefully, these actions by EPA and Congress will either increase safety near these facilities, require alternative methods of disposal, or both,” says Jones.

SOURCE: Coal Ash Spill › EPA to begin inspection of coal ash storage areas

Both the House and the Senate approved the legislation, however the House rewrote the language, requiring the bill to pass back through the Senate for final approval. The bill will not allow laying liners on existing facilities and placing more coal ash on top.

The bill is just one effort by lawmakers to make coal-burning facilities like that in Kingston safer. Last December’s coal ash pond breach dumped more than a billion gallons of coal ash sending a wave as high as 9 feet on to nearby homes and property. Houses were knocked off their foundations, property was damaged, and several residents in the area had little choice but to flee.

Preventing another environmental disaster like the TVA coal ash spill has been on the forefront with legislators, environments and residents alike raising questions about the hundreds of U.S. power plants that produce more than 125 million tons of coal combustion waste each year. Coal ash is currently listed by the Environmental Protection Agency (EPA) as non-hazardous and thus does not fall under strict governmental regulations, says Rhon Jones, Toxic Torts Section Head with Beasley Allen law firm.

As a result of the Kingston coal ash spill, the EPA committed to propose new regulations governing coal combustion waste by the end of 2009. The EPA also committed to act immediately to prevent more spills in the future.

“Hopefully, these actions by EPA and Congress will either increase safety near these facilities, require alternative methods of disposal, or both,” Jones adds.

SOURCE: Coal Ash Spill › Lawmakers, EPA search for methods to prevent future coal ash spills

However, the method for the regulation of coal ash has come under scrutiny after a Tennessee Valley Authority (TVA) impoundment pond failed last December and dumped more than a billion gallons of coal ash sludge over 300 acres of an east Tennessee community, destroying homes and damaging property in its wake. Both residents and environmentalists began asking questions about the toxic material that had poured into the neighboring Emory River and heaped as much as nine feet high in some areas.

Since 2000, improved pollution controls have kept toxins from leaving smokestacks and thus have increased the amount of toxins in coal ash, says Rhon Jones, Toxic Torts Section Head with Beasley Allen law firm. The material may contain arsenic, lead, chromium, manganese and barium which can contribute to dangerous health conditions such as cancer, liver damage and neurological complications, to name a few.

Many residents in the area already have complained of respiratory problems and half reported experiencing increased stress and anxiety. “In addition, EPA has improved testing which reveals toxins are leaching into groundwater more than originally thought,” Jones adds.

To date, EPA has found groundwater contaminated with heavy metals from coal ash dumps at 63 sites. An independent report asserts that nearly 100 coal ash dumps across the United States pose similar or even greater potential dangers than the TVA Kingston plant, Jones says.

“On March 9, 2009, EPA sent a survey to the 163 utilities that manage approximately 300 coal ash ponds in the U.S. The survey calls for plant operators to provide information about coal ash pond design, engineering, and inspections and to list any spills or unauthorized releases within the last decade. While a step in the right direction, EPA’s survey does not ask for information on whether the coal ash ponds are lined, whether the ponds have water collection systems to catch toxins leached from the ash, or whether groundwater monitors are in place near the ponds,” Jones says.

After survey results are reviewed, EPA plans to follow up with on-site visits and order improvements where the ponds are found to be unsafe.

In response to the December 22, 2008 coal ash spill in Kingston, Tennessee, the EPA committed to propose new regulations governing coal combustion waste by the end of 2009. The EPA also committed to act immediately to prevent accidents such as the TVA spill in Kingston.

“The Kingston, Tennessee, spill and others like it show the need for strict standards on how this waste is disposed. In addition to EPA’s renewed interest in regulating coal ash disposal, the U.S. Congress is looking into the spill,” Jones says. “Hopefully, these actions by EPA and Congress will either increase safety near these facilities, require alternative methods of disposal, or both.”

SOURCE: Coal Ash Spill › Coal combustion sites need government regulations

As part of the campaign, protestors will march Saturday along Palm Canyon in Palm Springs and ask Congress to “quit coal and other fossil fuels and support a clean energy economy,” according to the report. “It is a major source of air and water pollution and leaves in its wake huge, toxic waste piles of ash.”

The protest comes two and a half months after the Tennessee Valley Authority (TVA) Kingston, Tennessee coal ash impoundment failed, dumping 2.2 million pounds of toxic coal ash on to 300 acres of property in rural east Tennessee. Coal ash contains toxins such as arsenic and lead, which contribute to serious health issues such as cancer, liver damage and neurological complications. Residents in the area already have reported experiencing breathing problems since the spill occurred.

The utility is shelling out a million dollars daily to clean up the mess, which destroyed homes and damaged property. Total cleanup costs are expected to ring in between $525 million and $825 million, according to the TVA. The utility also has vowed to convert the coal ash ponds at its Kingston plant to dry ash storage, which will take up to two years to complete.

SOURCE: Coal Ash Spill › Southern California communities march for safer alternatives to coal-burning

An Associated Press report found that there are 162 power plants in the county that have coal ash ponds. Those ponds store anywhere from 500 tons to 653,300 tons of coal ash. While coal ash has stayed somewhat below the environmental issues radar, its safety has come into question recently after the December 2008 spill in Kingston.

That spill fell on 300 acres of rural community, destroying houses, damaging property and pouring into nearby rivers. While cleanup efforts are underway, there is much debate surrounding the safety of the land, water and air. Coal ash contains dangerous toxins that can cause serious health concerns such as cancer, liver damage and neurological complications.

The TVA spill has spurred environmental and industry officials in other parts of the country to take a closer look at coal ash ponds at other sites. According to the Gillette News Record report, industry officials in Wyoming say coal ash ponds there are not in jeopardy of leaking or spilling, adding that the TVA incident likely was the result of bad engineering and not the lack of federal regulation.

Despite the reassurance, the Environmental Protection Agency (EPA) has vowed to study the issue and decide whether regulation is necessary. Environmental groups continue to argue that regulating the giant toxic ponds are a must for human safety.

SOURCE: Coal Ash Spill › Officials in other states review safety of coal ash plants

Coal ash contains toxins such as arsenic, lead, barium, chromium and manganese. These toxins have been associated with serious health conditions such as cancer, liver damage and neurological complications. When the coal ash spilled from the Kingston TVA plant, it poured over property and into nearby rivers. While the contaminants are being cleaned from the ground and waterways, some scientists worry that long term effects on wildlife and plant life could ultimately affect human life.

Indiana has 13 coal ash ponds in 13 different counties. The largest, containing nearly 900,000 tons of ash, is located in Gibson County. Gibson is located in the southwestern part of the state and has a population of about 35,000.

Indiana’s coal-fired power plants export about 24 percent of the electricity they generate. Environmentalists have raised concerns about the serious health concerns associated with coal combustion, including asthma, chronic bronchitis, lung cancer, stroke and sudden infant dath syndrome. According to the report, Indiana has the third highest emissions of sulfur dioxide, which has been strongly associated with human deaths.

SOURCE: Coal Ash Spill › Indianans worry about their coal ash impoundments

Late last December the TVA coal ash pond spilled over, dumping 1.1 billion gallons of toxic material on to 300 acres of a rural neighborhood in east Tennessee, destroying homes and damaging property in its wake. Temporary dams were built to halt the ash’s flow into neighboring rivers, and grass seeds have been spread on the ground to keep the sludge at bay. But experts still don’t know how long clean-up efforts will take or how the dangerous toxins might affect animals and humans there.

Scientists say that turning the spill site into a educational and research center for the study of long-term effects of coal ash on the environment “could yield scientific dividends that could be used at power plants around the world,” according to the story. Scientists also say that if the fly ash is stabilized, it shouldn’t pose a risk to the health and safety of researchers or residents in the area.

The TVA and the Tennessee Department of Environment and Conservation say despite the recommendation plans are to continue with clean-up efforts to remove the ash and restore the environment.

SOURCE: Coal Ash Spill › Scientists say spill site should be converted to research center

The Duke tests revealed high amounts of arsenic and radioactive radium in the toxic sludge at the spill site, findings that throw up red flags about the “safety of storing ash” and emphasize the need for caution in the cleanup process.

According to the Nicholas School of the Environment at Duke, water near the site tested fairly clean, with only trace amounts of arsenic present in samples taken two miles downstream from the spill. The sludge and ash, however, contain two radioactive forms of radium, which is highly carcinogenic to humans.

“As the sludge dries out, the ash picked up by the wind as dust will be carried into the atmosphere. Once there, this dust can be inhaled by people, where it can be deposited on the linings of their lungs giving them unwelcome doses of radioactivity and toxic metals,” writes Bill Chameides, Dean of the Nicholas School at Duke.

The possibility of airborne particulates of radium and other toxic substances arising from the sludge is why the cleanup must be conducted with extreme care. It’s also why the presence of some 1,300 coal ash dump sites throughout the country is so dangerous.

Chameides says that the spill and the cleanup effort are “something for the folks in Roane County to think about.” Even more alarming, however, is how the Kingston spill highlights a much broader concern about the safety of coal. These concerns “go well beyond the Kingston plant to all the coal-fired power plants and their coal ash dumping sites throughout the United States,” Chameides writes.

“Is dangerous particulate matter being liberated from them regularly? And if so, what risks might they pose to the people living near these plants?”

A recent article in the New York Times reported that of the 1,300 coal ash dump sites in the U.S., more than 60 had leakage and contaminated the surrounding water.

The government, however, seems to be downplaying the concerns that the Duke scientists raise.

Avner Vengosh, associate professor of earth and ocean sciences at Duke, and graduate student Laura Ruhl collected ash and water samples from part of the Emory River three weeks after the spill occurred.

Their tests of the solid ash samples found significantly higher levels of radium-228 and radium-226 than the EPA reported to have found: 8 picocuries per gram compared with an average of 5-6 picocuries per gram reported by the EPA.

Vengosh and Ruhl also found 95 parts per billion of arsenic in the inlet tested, but lower concentrations downstream. Ten parts per billion is the EPA standard for safe drinking water.

TVA acknowledged the difference between Duke’s radiation and arsenic levels and those recorded by the TVA.

“We still take the Duke report very seriously and will have the site rechecked,” a TVA spokesperson told WSMV of Nashville.

SOURCE: Coal Ash Spill › Duke study of coal ash spill raises serious concerns

In 2003 and 2006, two small leaks occurred at the Kingston plant, which raised the interest of the Tennessee Department of Environment and Conservation. That agency asked TVA to provide more information about the leaks but did not require a new storage system.

A TVA spokesman says the two smaller leaks were not related to December’s pond failure, and in both cases repairs were made to the ponds to stop the slow leaks. A 2008 inspection report of the Kingston ponds indicated that there were no structural problems with the ponds. However, officials say that the report indicated that TVA was irresponsible for not realizing that the previous spills pointed toward a serious stability problem.

Coal ash ponds are not regulated by the Environmental Protection Agency (EPA) because the EPA doesn’t consider the coal ash to be hazardous material. Federal agents oversee coal mines but don’t regulate the burning power plants. Some experts say states have done a poor job of monitoring the coal ash ponds.

Tennessee Gov. Phil Bredesen said he is working to provide stronger oversight of the coal ash ponds in his state. Other states where TVA has coal ash ponds or landfills include Alabama and Kentucky.

SOURCE: Coal Ash Spill › Previous leaks should have signaled warning

The leak, discovered before 6 a.m. has been stopped, according to John Moulton, with the Tennessee Valley Authority.

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“Some materials flowed into Widows Creek, although most of the leakage remained in the settling pond,” he said.

Gypsum is a byproduct of coal-burning power plants when “scrubbers” are added that use limestone spray to clean air emissions. This pulls sulfur dioxide from the emissions.

Tighter air emissions controls result in additional waste byproducts. Gypsum can be used in building materials.

Alabama environmental officials were on their way as of 10:15 a.m. Central Time to an spill at TVA’s Widows Creek coal-fired power plant in northeastern Alabama.

Scott Hughes, spokesman for the Alabama Department of Environmental Management said, “The only thing we’ve got right now is that there was a release from a gypsum treatment operation.”

“We do understand that some of the material has reached Widows Creek.”

The creek from which TVA’s coal burning plant gets its name, crosses the plant property. Gypsum can be sold for use in wallboard, but markets have been slow and it like more standard ash can build up in waste ponds.

“We’re in the process of gathering more info and getting a full report.”

Kingston is the scene of a TVA ash pond that ruptured: Early on the morning of Dec. 22, more than a billion gallons of sludge flowed out of the pond, damaging a dozen homes and creating environmental havoc along the Emory River.

The Widows Creek Fossil Plant is located on Guntersville Reservoir on the Tennessee River. It has eight coal-fired units and was completed in 1965. The plant consumes about 10,000 tons of coal a day. The ash from that coal was in the pond that broke there.

SOURCE: Coal Ash Spill › 2nd coal ash spill reported in Alabama

Montgomery, Ala. – Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., has filed a class action suit on behalf of property owners damaged by the Dec. 22, 2008 Tennessee Valley Authority (TVA) spill at the Kingston Fossil Plant. Located 40 miles west of Knoxville, Tenn., the plant released 1.1 billion gallons of toxin-laden sludge into a rural neighborhood when a waste storage pond retaining wall failed. The suit is filed against the TVA, the nation’s largest public utility, over potentially the most significant environmental disaster since the Exxon Valdez oil spill.

Beasley Allen will be working with attorneys Gary Davis and Mary Parker in Tennessee, both of whom have Environmental experience. Beasley Allen has its own Environmental department to handle cases such as this disaster. The firm has handled previous environmental claims including a $700 million settlement with Monsanto/Solutia in Anniston, Ala., over PCB contamination, the largest environmental settlement in American history. More recently, Beasley Allen obtained a $20.7 million verdict against manufacturers of carbon black for nearby property owners, a verdict that was upheld by the United States Supreme Court.

Coal-fired power plants produce coal ash and other toxic waste byproducts. The material is usually stored on site in retention ponds or dams. A failure in the retaining wall, or an overflow, can result in an environmental disaster contaminating surrounding waterways, soil, and wildlife, and endangering human health and life.

There is ongoing debate about how coal ash is stored and regulated. Currently, the U.S. Environmental Protection Agency does not regulate these types of retention ponds or the materials contained in them. Surprisingly, the EPA does not consider the coal ash hazardous material. There is a great deal of debate over whether state regulations are sufficient to regulate these retention ponds, as evidenced by this most recent disaster.

“It is absolutely incredible that there is no real oversight for the storage and safe disposal of this toxic waste,” said Beasley Allen attorney Rhon Jones, who specializes in Environmental issues. “Most of these retention ponds are not lined or reinforced, and it’s inevitable that potentially hazardous material will leak out. They just are not a long-term solution. It’s only a matter of time before the next disaster. These facilities are everywhere – Alabama, Tennessee. Communities are living under a cloud, uncertain of their safety.”

There is a U.S. Senate hearing set for Jan. 8 to review the Tennessee disaster that will include representatives from the TVA and environmental groups. Beasley Allen attorneys have contacted Congressional leaders offering to speak at the hearings, and lawyers from the Beasley Allen team will be present in Washington.

SOURCE: Beasley Allen Law Firm

COMPLAINT:Official class action complaint filed in TVA case

SOURCE: Coal Ash Spill › Beasley Allen files coal ash spill class action lawsuit on behalf of residents and property owners affected

The EIP released the report, titled “Disaster in Waiting: Toxic Coal Ash Disposal in Impoundments at Power Plants” yesterday. The report says U.S. Environmental Protection Agency data shows power plants are disposing of high volumes of toxic metals in open lagoons.

There is a lot of attention on this issue now, following a December 22, 2008 disaster when the retaining wall at a coal-fired electric plant in Kingston, Tennessee, failed, dumping more than 1 billion gallons of toxic coal ash and other waste over 300 acres in East Tennessee. The event is being called the worst environmental disaster since the Exxon Valdez oil spill.

But the Tennessee disaster is just the tip of the iceberg. In addition to its official report, which listed Birmingham-area facilities Gaston Steam Plant in Shelby County and Gorgas Steam Plant in Walker County at No. 2 and 3, the EIP issued a press release stating that other toxic coal pollution dumps around the United States pose a greater potential danger than the Tennessee coal ash spill disaster site.

According to the release, at least 13 states have three or more under-regulated “wet dumps” on the “Worst Of” list for toxic chemicals. One coal pollution dump in Orlando, Fla., is reported to have TEN TIMES more arsenic than the Tennesee disaster site.

The release says the Tennessee facility was found on five of the six toxic chemical lists for the 50 worst coal-fired power plant pollution “wet dumps.”

EIP evaluations were based on industry-reported data collected by the EPA Toxic Reporting Inventory (TRI) data system for 2000-2006. EIP looked at the presence of arsenic, chromium, lead, nickel, selenium and thallium in the waste at Tennessee-style pollution dumping sites across the nation.

Eric Schaeffer, director of the Environmental Integrity Project, says, “The Tennessee eco-disaster has cast a spotlight on what is a very serious national problem – the existence of under-regulated toxic pollution coal dump sites near coal-fired pwoer plants that pose a serious threat to drinking water supplies, rivers and streams.” He said the Tennessee disaster is a warning sign of more trouble to come.

The EIP is a nonpartisan, nonprofit organization established in March 2002 by former EPA enforcement attorneys to advocate for more effective enforcement of environmental laws. Read the full news release and official report:

EIP News Release

EIP Report: Disaster in Waiting

SOURCE: Coal Ash Spill › Ash ponds at two Birmingham coal facilities top list for arsenic

MONTGOMERY, ALA. – Beasley, Allen, Crow, Methvin, Portis & Miles, P.C., is currently evaluating claims on behalf of property owners affected by a devastating coal ash spill in Tennessee. The disaster spilled thousands of pounds of coal ash and toxic waste across more than 300 acres. The event occurred when an earthen retaining wall at the Kingston Fossil Plant failed, creating one of the largest coal fly ash spills in the United States. The plant is located 40 miles west of Knoxville, Tenn.

Coal-fired power plants produce coal ash and other toxic waste byproducts. The waste contains such heavy metals as arsenic, lead, barium, chromium and manganese, which have been shown to cause cancer, liver damage, and neurological complications. The material is usually stored on site at the energy-production facilities in retention ponds or dams. A failure in the dam’s retaining wall, or an overflow, can result in an environmental disaster contaminating surrounding waterways, soil, and wildlife, and endangering human health and life.

There are coal ash retention ponds at nine locations in Alabama, including six coal-fired steam plants operated by Alabama Power Company. The Tennessee Valley Authority (T.V.A.), which operates the Tennessee plant that failed, also has two coal-fired plants in north Alabama that have ash retention ponds; and PowerSouth Energy Cooperative has a coal ash pond at Lowman Power Plant in southwest Alabama.

“Given that the Tennessee Valley Authority has similar ponds at its two coal-fired plants in Alabama, we hope that they are making certain that those ponds are sound so that we will not have another tragedy like the one at TVA’s Kingston Steam Plant,” said Rhon Jones, an attorney with Beasley Allen who specializes in Environmental law. “Residents and property owners near all nine coal ash retention ponds in Alabama are counting on these ponds to be safe and secure. No property owner should have to go through the disaster facing those persons in Tennessee near the Kingston Steam Plant.”

According to Alabama’s Department of Environmental Management, all nine coal-fired power plants in Alabama were inspected following the Tennessee disaster, and all passed inspection with no problems. However, there is some debate about how coal ash is stored and regulated. The U.S. Environmental Protection Agency does not regulate these types of retention ponds or the materials contained in them. Surprisingly, the EPA does not consider the coal ash hazardous material. There is a great deal of debate over whether state regulations are sufficient to regulate these retention ponds, as evidenced by this most recent disaster. For the greatest protection to the public, we recommend coal ash should be buried in lined landfills rather than retention ponds or dams, to prevent it from leaking out and contaminating waterways, groundwater and soil.

SOURCE: Beasley Allen Press Release

SOURCE: Coal Ash Spill › Beasley Allen evaluating claims resulting from Tennessee coal-ash spill disaster, eyeing safety of Alabama plants