According to a news report by the Associated Press, “The Environmental Protection Agency has described the spill as’ ‘one of the worst environmental disasters of its kind.’” To put things in perspective with another recent environmental catastrophe, the BP oil spill released about 206 million gallons of oil into the Gulf of Mexico over the course of nearly five months. The TVA coal ash spill released more than a billion gallons of toxic sludge over 300 acres in East Tennessee within the course of minutes.

The cleanup efforts, which have been ongoing since the spill and are expected to cost around $1.2 billion, include the removal of more than 3.5 million cubic yards of ash and sediment from the Emory River, providing funding for a community betterment foundation for Roane County, and providing health screenings to affected residents. Coal ash contains such toxins as arsenic, lead, mercury and other heavy metals.

Beasley Allen attorneys are working with counsel for Plaintiffs in the other four lawsuits that have been consolidated for this bench trial. The litigation involves more than 230 Plaintiffs.

“After nearly three years, the residents and property owners affected by the coal ash spill are now getting their chance to hold TVA accountable for the destruction of their very way of life,” Beasley Allen lawyer David Byrne says.

TVA continues to argue that it is not liable for the spill, and according to the AP report says that “under Tennessee law it has no legal duty to keep its reservoirs and shorelines safe for the plaintiffs’ recreational use and enjoyment.”

Parties will make opening arguments and testimony will begin on Monday.

SOURCE: Coal Ash Spill › Trial underway to determine liability in TVA coal ash spill litigation

Coal ash is not classified as a hazardous material and thus did not fall under federal regulations, but that changed in December 2008 when an impoundment pond at the east Tennessee TVA plant breached. The EPA has spent the past year inspecting coal ash storage facilities and utilities throughout the country and developing guidelines for safe storage. Those guidelines were expected to be announced by the end of 2009, but the EPA said it needed more time. That extra time may help the EPA identify and close loopholes that would otherwise leave customers of those plants footing the bill for any problems that arise.

The east Tennessee coal ash spill is a prime example. That disaster sent more than a billion gallons of toxic coal ash on to a neighboring community. The TVA is expected to spend more than a billion dollars over three years cleaning up that mess. Who is footing the cost of that cleanup? Millions of TVA customers every month in their utility bills.

TVA will soon begin negotiating with insurance companies, hoping to offset the cost of the spill for its customers. According to the South Carolina Post and Courier, many industries that handle hazardous materials must obtain bonds and other forms of insurance to cover potential toxic waste cleanups; however, power plants, chemical manufacturers and oil refineries in many cases were excluded from these requirements.

With any luck, when the EPA unveils its proposed guidelines, plants that store toxic materials will be required to hold money aside for such disasters so that their customers don’t have to pay for their problems.

SOURCE: Coal Ash Spill › EPA guidelines may require coal-firing plants to plan for disasters

Toxic coal ash

“If coal ash poses an unacceptable level of risk, inconsistent state standards should be immediately replaced with national guidelines that would put the safety of the people in one community on the same level as families living in another,” said Rep. Artur Davis, D-Birmingham, in a letter to EPA Administrator Lisa Jackson and circulated around the House of Representatives.

Coal ash is not considered a hazardous material, and thus does not fall under federal regulation. However, improvements in coal ash burning facilities over the decades have made the smoke released into the air much cleaner. Those toxins instead settle in the coal ash left behind. Tests show that coal ash can contain dangerous levels of arsenic, lead, chromium, manganese and barium – toxins that have linked to serious health issues such as cancer, liver damage and neurological complications. That toxic ash is stored in dry or wet landfills throughout the country.

A December 2008 coal ash impoundment breach at a Tennessee Valley Authority (TVA) plant brought the question of the safety of coal ash into the spotlight. Last year’s coal ash spill dumped more than a billion gallons of coal ash on to a neighboring community, knocking houses off their foundations, destroying property, and contaminating nearby waterways. Environmentalists called it the largest environmental disaster of its kind in U.S. history. The TVA began an estimated three-year, $1 billion cleanup of the area, which includes relocating the recovered coal ash to landfills in other counties and states. The first shipments of recovered coal ash have already been shipped by railcar to a landfill in Perry County, Alabama.

Storing the recovered coal ash in Perry County will generate about $3 million in storage fees and bring in about 30 jobs to the poverty-stricken, predominantly black county, which some local officials consider a boon. But people who live and work there say they fear they are sitting on a time bomb that could one day destroy their property and livelihoods.

Earlier this year, Davis met with residents of Perry County who voiced their concerns, asking if there are any guarantees that the dangerous toxins will leach into drinking water or create any health problems now or in the future. Davis’ letter to the EPA aims to address those concerns and move forward EPA efforts to establish federal safety standards that are balanced among all states.

Source: Selma Times Journal

SOURCE: Coal Ash Spill › Rep. Davis fights for people of Perry County in coal ash debate

The county will reap about $8 million over three years from fees. The project will also help improve the mine where the coal ash will be stored and bring road improvements so that covered trucks can haul the coal ash up the mountain to the landfill. What could be wrong with such a plan?

Plenty, say residents who live near the landfill. “I’ve been here for about three years. It’s just a beautiful place. It’s waterfalls, ponds, nature,” says David Brundage, owner of Black Cat Lodge, a rehabilitation escape for people recovering from drug and alcohol addictions. “My concern is everything I’ve built, everything I have here is going to be gone.”

It’s a valid concern. People who lived in the east Tennessee community of Kingston know far too well what can happen in a worse-case scenario. Residents there lost homes and property when 1.1 billion gallons of toxic coal ash tumbled from an impoundment pond from the nearby Tennessee Valley Authority (TVA) coal-burning site. The December 2008 tragedy is listed as the largest environmental disaster of its kind in U.S. history. In an effort to restore the land, TVA is undergoing a three-year, $1 billion cleanup of the land. As part of the cleanup, gallons of recovered coal ash are being shipped via train car to a landfill in Perry County, Alabama, for storage, a move that is winning more support from Perry County officials than from the residents who live there.

Once the Alabama landfill is filled to its brim, TVA officials plan to load up covered trucks and move the toxic coal ash to neighboring Cumberland County, atop Smith Mountain. Which begs the question: how do you define a good neighbor?

Source: News Channel 5

SOURCE: Coal Ash Spill › Cumberland residents say ‘no;’ officials say ‘yes’ to coal ash

The river was originally closed for 30 days in early August, followed by another 30-day extension. Now the TVA says it needs more time to remove the coal ash that spilled into the Emory River. TVA officials and the Environmental Protection Agency will review the situation in early February and decide when the river can be reopened at that time.

Six days a week, as many as 110 railcars filled with coal ash recovered from the river are being transported to a landfill in Alabama for storage. Despite the constant effort, only about one-third of the coal ash has been removed from the Emory. Once the river has been cleared, crews will turn their focus to the coal ash piled on the land.

During the closure, no river traffic will be allowed in order to make room for huge hydraulic dredging equipment. Those who have a significant need for transportation around the closed portion of the Emory River may request access by contacting the TVA by phone at least five days in advance.

Sources:
Knox News
OakRidger.com

SOURCE: Coal Ash Spill › Emory River to remain closed until February as cleanup continues

The nation’s largest utility has been caught in a swarm of  bad luck, beginning with the largest drop in sales it had ever seen in its 76-year history, thanks to a struggling national economy. That was compounded by court-ordered clean-air improvements to its plants, which will cost the TVA millions over the next several years. But the biggest slam to the agency is last December’s impoundment pond breach that sent more than a billion gallons of toxic coal ash tumbling down on to a neighboring community. The wave of sludge toppled houses, damaged property, and contaminated neighboring waterways.

A months-long cleanup is underway and expected to ring in at nearly $1 billion before it is complete. That cost doesn’t include money the agency is paying out to buy damaged property and pay off suffering residents. The TVA is also facing a mountain of lawsuits from residents and at least one business owner who suffered because of the spill.

TVA is also spending a pretty penny to salvage its tainted public image. Raising customers’ rates won’t help, but because fuel costs continue to drop, the TVA says most customers will actually see a reduction in their monthly power bills despite the rate change.

Aside from cutting or freezing cost-of-living pension increases and increasing rates, TVA will also defer capital projects in hopes of saving nearly $2 billion over the next three years.

Source: Associated Press

SOURCE: Coal Ash Spill › TVA to raise rates, borrow money, cut spending

That spill destroyed homes and damaged property and forced officials to hang signs warning people against swimming in nearby waters or eating fish caught in them. The threat of the coal ash drying and flying into the air caused more concern from residents who worried breathing traces of fly ash might harm them.

Coal ash contains dangerous toxins such as arsenic, lead, barium, chromium and manganese which may lead to health problems such as cancer, liver damage and neurological complications. Currently, the TVA is involved in a massive cleanup that is expected to cost the nation’s largest utility nearly $1 billion. The TVA estimates that the cleanup effort will be completed by spring 2010.

The TVA is also paying for the medical exams for the residents who choose to have them. The tests will be performed at local medical clinics and physicians and the results will remain confidential. Oak Ridge Associated Universities and the Tennessee Poison Center at Vanderbilt University Medical Center are providing evaluations for anyone who believes they have been affected.

Sources:
The Daily Reflector
WAAY-TV

SOURCE: Coal Ash Spill › Residents near coal ash spill sign up for free medical screenings

The TVA has pulled together an advisory panel to put together an Integrated Resource Plan that will set the course for the utility for the next several years. But some are skeptical that consumers’ interests will be considered, arguing that the advisory panel is stacked with industry and large electricity users and advocates of nuclear power. Few consumers and conservation-minded individuals have a voice in the group.

Furthermore, the panel does not plan to allow the public to listen to the meetings, nor will it provide notes of the meetings. “At the end of the day, we know our interest will not have a fair hearing,” says Louise Gorenflo with the Solar Valley Coalition. The Solar Valley Coalition is a network of sustainable energy advocates across Tennessee, originally founded in January 2007 to respond to the TVA’s Draft Strategic Plan, which had omitted the words “energy efficiency,” “energy conservation,” and “renewable energy.”

Last December, more than a billion gallons of toxic coal ash broke free from an impoundment pond at the TVA’s Kingston plant and poured onto a neighboring community. The sludge knocked houses off their foundations, flooded property and oozed into the nearby Emory River. Called one of the largest environmental disasters in the country, the massive coal ash spill will likely cost the TVA more than a $1 billion in clean up efforts and payments to those who suffered property loss or are suffering from health concerns from inhalation of fly ash.

This week’s TVA board agenda includes a possible rate change to help offset the utility’s costs.

Source: Tennessean

SOURCE: Coal Ash Spill › Will TVA consumers’ voices fall on deaf ears?

TVA has been involved in a massive cleanup effort ever since its Kingston, Tennessee coal ash impoundment pond burst last December and dumped more than a billion gallons of toxic coal ash on to 300 acres of a neighboring community and into the Emory River. No end seems to be in the near future for the country’s largest public utility, which says it expects to pay upwards of $975 million restoring the property.

That cleanup process has involved locating landfills and storage sites in neighboring states to store the coal ash removed from the spill site. However, residents of those sites have expressed concerns over having toxic coal ash in their backyards. Coal ash has been found to contain dangerous material such as arsenic, lead, chromium, manganese and barium, which have been associated with serious health concerns such as cancer, liver damage and neurological complications.

Smith Mountain Solutions, LLC, says it has an option on a 300-acre site owned by Crossville Coal Inc., located in a remote corner of Cumberland County near the Morgan County line that would accommodate the recovered coal ash. According to the proposal, TVA would pay Cumberland County between $7.5 million and $8.5 million over three years to hold the coal ash. Part of that cost would cover improvements to Smith Mountain Road. The project would also create about 100 jobs for local residents.

Members of Smith Mountain met with residents earlier this week to discuss the proposal, which was met with both support and objections.

While TVA has been told about the proposal, no agreement ha been signed. The plan also would have to be approved by the Cumberland County Commission, and Smith Mountain would have to obtain a state permit.

Source: Knoxville.biz

SOURCE: Coal Ash Spill › Proposal to store coal ash could bring jobs to Cumberland County

As part of the oversight, TVA is required to perform a comprehensive cleanup from the Emory River and surrounding areas. The utility’s work will be subject to review and approval by the EPA, which will consult with the Tennessee Department of Environment and Conservation (TDEC). Any remaining contamination will be assessed and determination will be made whether additional actions are needed.

The agreement was reached under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, or Superfund law, which gives the EPA the authority to step in and force responsible parties to take action at hazardous waste sites and ensure community involvement.

Residents near the damaged spill site say they see the move as positive. “I just don’t think the TVA has the know-how to do this work,” one resident said to WBIR-TV. “It’ll be better with the EPA taking over. I think they’ll do the right thing.”

“TDEC welcomes EPA’s action and the continued collaborative partnership between our agencies,” said TDEC Deputy Commissioner Paul Sloan. “This successful partnership is vital to the cleanup of the TVA ash spill and we will continue to work with EPA to ensure the cleanup in Roane County is thorough and protective of both public health and the environment.”

Source:
EPA

SOURCE: Coal Ash Spill › EPA to oversee TVA’s coal ash cleanup efforts

The engineers concerns about the stability of the pond walls are detailed in documents released earlier this year by the TVA. The documents were requested by the Tennessee Department of Environment and Conservation (TDEC) in an effort to pinpoint why the pond breach occurred in the first place.

The documents show that the dikes making up the coal ash pond were in frequent need of maintenance and re-engineering. TVA officials made decisions based on opinions of both in-house engineers and consulting engineers. The pond’s most recent stability inspection – which showed nothing that would indicate failure – occurred just two months before the spill.

So far, the utility has spent more than $68 million cleaning up the mess, and that cost is expected to rise to as high as $825 million. The utility also has spent $11 million to buy out property from locals affected by the spill. Additional expenses are expected to cover litigation, penalties and settlements.

SOURCE: Coal Ash Spill › Engineers raised questions about coal ash pond walls decades ago

And now the TVA is arguing that the process of saving the voice mails could possibly “bring down” the utility’s voice mail system. Magistrate Judge Guyton was unmoved by the TVA’s argument that keeping the past voice mails is straining its system.

TVA says it believes it has preserved most of the voice mails related to the spill and says it doubt future voice mails will have any bearing on the pending lawsuits against the utility.

Magistrate Judge Guyton says he will issue a written ruling soon. An April 8 hearing has been set to determine how soon the lawsuits could be resolved or tried, according to the Knoxville News Sentinel.

SOURCE: Coal Ash Spill › TVA voice mail system facing possible crash

The utility reported that to date, 61 payouts were made to the owners of 40 homes and about 51 properties on 210 acres of the 300 acres affected by the spill. The homes and land acquired by the TVA generated $62,900 a year in Roane County property taxes. Roane County Property Assessor Teresa Kirkham says more parcels of land affected by the spill may be purchased by the utility.

The spill destroyed three homes and damaged a dozen more in the wake. Not just land, but the neighboring Emory River was affected.

The $1 million-a-day cleanup effort is expected to cost the TVA between $525 million and $825 million before it is complete. TVA has vowed to restore the land to its previous condition – if not better condition. However, many property owners are skeptical.

Coal ash may contain dangerous toxins such as arsenic, lead, barium, manganese and chromium which can lead to potential health problems such as cancer, liver damage and neurological complications. Many residents in the area have complained of respiratory problems and at least one child has tested positive for heavy metal.

SOURCE: Coal Ash Spill › TVA pays millions to property owners affected by coal ash spill

President

According to Kentucky.com, “The Department of Energy will soon announce whether it will use $1 billion in stimulus funds to resurrect FutureGen, a proposal to create in Illinois the world’s first coal-fired power plant designed to capture and bury carbon emissions underground.” The Bush administration decided against building the plant because it would cost more than $1.8 billion. The Government Accountability Office says that price tag is more like $1.3 billion. Proponents of “clean coal” argue that  not building that plant put the effort back a decade.

Renewable resources are front-and-center with lawmakers these days, after a Tennessee Valley Authority (TVA) coal ash pond failed last December, dumping more than a billion gallons of toxic coal ash sludge on to an east Tennessee community. Previously unregulated by the federal government, coal ash ponds and storage units will soon have to follow standards outlined by the Environmental Protection Agency (EPA) for regulating coal ash.

The economic stimulus plan has $3.4 billion for the coal industry, as opposed to $16.8 billion for renewable energy and efficiency programs. The Obama administration also is says it will implement a program that would cap companies’ carbon emissions.

SOURCE: Coal Ash Spill › Obama administration focuses on clean coal practices

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

The spill originated from a small hole in one of NewPage Corp.’s pipelines that cross the Potomac. The leak began about 8 p.m. Sunday night and continued to leak until 6 a.m. Monday morning.

The spill is just a fraction of the size of the one caused when the Tennessee Valley Authority impoundment pond failed and oozed toxic coal ash into a rural Tennessee neighborhood and into the nearby Emory River. But Maryland state regulators are still concerned of the potential environmental problems the leak may cause.

Coal ash could contain high concentrations of selenium, sulfate, arsenic, iron and manganese, which can contribute to serious health problems such as cancer, liver damage and neurological complications. The Tennessee spill has already caused many locals to complain of respiratory problems, and a young child in the area recently tested positive for heavy metals.

The storage and disposal of coal ash is not currently regulated, but Environmental Protection Agency officials have vowed since the TVA spill to draft rules for coal ash storage and disposal.

SOURCE: Coal Ash Spill › 4,000 gallons of coal ash pour into Potomac River

The Obama administration backed up the promise by vowing to propose new regulations governing coal combustion waste by the end of the year and acting immediately to ensure more dangerous spills do not happen again, according to the New York Times.

The EPA’s Office of Resource Conservation and Recovery is deciding now whether to regulate the waste as hazardous or nonhazardous. In 2000, the material was classified as nonhazardous, but because of better pollution controls, the ash has become more dangerous. Coal ash contains toxins such as arsenic, lead, chromium, manganese and barium. Those materials can lead to serious health problems such as cancer, liver damage and neurological complications.

Residents who live hear the Kingston, Tennessee plant have already complained of breathing problems and some have even tested positive for high levels heavy metal.

TVA is undergoing a million-dollar-a-day cleanup program that is expected to total between $525 million and $825 before it is restored.

The coal industry has long opposed regulation, saying the move will cost billions each year. Activist groups say regulation is necessary to ensure the safety of those living near the plants. EPA has raised concerns from improved tests that show more toxins than previously thought leaching from the ash into groundwater, according to the report.

SOURCE: Coal Ash Spill › Obama administration vows to propose regulations for coal ash

The memo was apparently sent to the AP by accident, according to their report. They say the memo shows additions and deletions that change more alarming language to tone down the sense of urgency and threat resulting from the coal ash spill.

An example cited by the AP story says the word “catastrophic” was changed to “sudden, accidental release” when describing the spill that flooded more than 300 acres surrounding the energy production plant with toxic coal ash sludge.

While environmentalists are pointing to the memo as evidence that TVA is trying to cover up the seriousness of the situation, TVA representatives say that they were simply trying to present accurate information as they understood it at the beginning of the crisis, the AP reports. As the situation developed, the TVA says it modified its information to upgrade the severity of the situation, the report states.

SOURCE: Coal Ash Spill › Early TVA memo indicates effort to minimize coal ash disaster

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