Several years ago coal ash from power plants was given a non-hazardous rating. Since then, technology has improved the quality of the smoke released into the air from coal-firing plants. The toxins that used to escape into the air are now kept in the ash left behind. Tests have shown that coal ash contains dangerous toxins such as arsenic, lead, chromium, manganese and barium, which have been linked to serious health conditions such as cancer, liver damage and neurological complications.

Environmentalists have tried over the years to have coal ash reclassified as a hazardous material, but little was done to push that effort until last year when a coal impoundment pond in east Tennessee breached, sending a massive wave of coal ash on to a neighboring community. The 1.1 billion gallons that spilled out toppled houses, destroyed property and contaminated the nearby Emory River. Several residents were displaced, but it is the health risk that concerns many of the people affected by the spill. Some have reported respiratory problems and heightened anxiety. Others, including a young child, have tested positive for heavy metal in their bloodstream.

Environmentalists and activists are urging the EPA to carefully consider how it will categorize both wet and dry coal ash impoundments. “Both pose a threat to human health and the environment so it doesn’t make sense to create that dichotomy (between wet and dry ash storage regulation),” said Lisa Evans, an attorney with Earthjustice, in an interview with the Tennessean.“We would not think that would be a protective scheme, with the many cases where dry disposal has caused contamination of groundwater and surface water.”

SOURCE: Coal Ash Spill › EPA considers hazardous material classification of coal ash

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

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

In a letter released late last week, EPA regional administrator Stanley wrote that the EPA “considers the Kingston spill to be an un-permitted discharge of pollutant in contravention of the Clean Water Act.” The TVA has been ordered to produce a plan to correct the violation as soon as possible and to keep the EPA in the loop with all its data communication with the state Department of Environment and Conservation (TDEC).

Officials hope that data that already has been turned in to TDEC and future data will help pinpoint the why the impoundment failed last December, pouring 2.2 million pounds of coal ash onto a rural neighborhood. The coal ash contains toxins that could be hazardous to human health, including arsenic, lead, chromium, manganese and barium.

A massive cleanup is currently underway, costing the TVA about $1 million per day. Temporary dams have been built to keep ash that’s flowed into a nearby river at bay, and grass seeds have been planted to keep ash from flying about. Officials have said air and water quality tests from the area near the spill “continue to show no contamination above regulatory levels,” according to the news report.

TDEC says it will hold a meeting soon to bring community members up to date on air and water testing results.

SOURCE: Coal Ash Spill › TVA found in violation of federal Clean Water Act

Exposure to arsenic and radium can have cause serious health issues in humans, including cancer, liver damage and neurological complications.

The Tennessee Department of Environment and Conservation (TDEC) is overseeing the cleanup, with assistance from the Tennessee Department of Health and the U.S. Environmental Protection Agency. Efforts costing $1 million a day include vacuuming ash particles from the river and inlets, building temporary dams to hold back the flow, and dusting the area with more than 80 tons of grass seed to keep the ash from flying in the wind, according to the report.

A spokesperson with TDEC told AP that the agencies are working together to ensure the area is appropriately cleaned for the long-term protection of both the community and the environment. She was quoted: “We have stated throughout this process that coal ash does contain small amounts of some contaminants that could be harmful to human health under certain conditions, primarily ingestion and inhalation. From the point TDEC was initially notified of the ash release, the department recognized the potential inhalation hazard presented by the ash and acted to protect local public health.”

Because trace amounts of toxins were found miles downstream, state and federal agencies will continue to monitor the water and air to ensure that drinking water and air quality remains safe.

SOURCE: Coal Ash Spill › Scientists confirm sludge contains arsenic, radium

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

December 30, 2008

Water samples near a billion-gallon spill of coal ash in eastern Tennessee have found levels of arsenic and other heavy metals higher than drinking-water standards, prompting a warning against using private wells in the area.

Samples taken at the site of the spill in Harriman, 35 miles southwest of Knoxville, “slightly exceed” the standards for some metals, according to a statement from the Tennessee Valley Authority, owner of the coal power plant where the Dec. 22 accident occurred. Results from well-water and air tests won’t be known until later this week, the utility said.

The spill at the utility’s Harriman Fossil Plant deluged more than 300 acres of rural Roane County, destroying three homes and damaging 42 other properties. In nearby Kingston, that raised fears of fouled water and air, while 13 families wait to see if their homes can be salvaged, said Carolyn Brewer, finance director for the city of 5,300.

“Some of them are staying with families; some are working with real estate agents, leasing homes, buying homes,” Brewer said in a telephone interview today. “There’s two or three that will just never be able to get back in their homes. They’re just destroyed.”

The sludge-like spill, a mixture of water and residue from burned coal, escaped from a 40-acre holding pond after a retaining wall burst last week. After repeatedly saying the spilled material isn’t toxic, the TVA cautioned residents in its latest statement against touching or stirring up the material.

Samples from the Tennessee River, near the intake for Kingston’s water plant, found no violations of drinking-water standards, and any harmful levels of arsenic likely would be removed by treatment, the TVA said in its statement, issued jointly with state and local authorities and the U.S. Environmental Protection Agency. The plant serves about 10,000 people in and around Kingston, Brewer said.

Well Warning

“Water from other sources that are not normally treated, such as private drinking wells or springs, may be contaminated if impacted by the release of the fly ash,” the agencies said in their news release. “These areas should not be used until they have been evaluated.”

Arsenic, a byproduct of coal burning that also occurs naturally, can cause a variety of ills when ingested, including nausea, numbness and partial paralysis, according to the EPA’s Web site. The metal has been linked to bladder, lung and kidney cancer in some studies, the EPA said.

Authorities are testing air quality in the area and “currently evaluating the potential for health effects,” the agencies said in the TVA’s statement. Anyone who touches soil, sediments or water affected by the spill should wash their hands thoroughly with soap and water and wash clothes separately from other items, according to the statement.

Generating Units Shut

The Kingston plant, completed in 1955, produces 10 billion kilowatt-hours of electricity annually, enough to supply 670,000 homes. The authority said today that seven of the plant’s nine generating units had been shut down, calling that a result of reduced demand due to warm temperatures and not the ash spill.

The TVA is a federal corporation that was created by President Franklin Delano Roosevelt and Congress in 1933. The public power company provides electricity to industry and about 9 million people in an area covering 80,000 square miles of the southeastern U.S., according to the TVA’s Web site.

Source: Bloomberg

SOURCE: Coal Ash Spill › Coal Ash Spill Leads to Arsenic Warnings for Tennessee Wells