May 4, 2010

Coal Ash Regulation

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Below is a news release from the EPA, which, after hemming and hawing for months, has finally issued regulations about coal ash, the substance that polluted a river and the land next to a TVA power generating plant in Tennessee almost 18 months ago. The coal ash from that spill is still being transported by rail to a private landfill in Perry County Alabama.
Agency proposals would address risks of unsafe coal ash disposal, while supporting safe forms of beneficial use

WASHINGTON – The U.S. Environmental Protection Agency today is proposing the first-ever national rules to ensure the safe disposal and management of coal ash from coal-fired power plants.

Coal combustion residuals, commonly known as coal ash, are byproducts of the combustion of coal at power plants and are disposed of in liquid form at large surface impoundments and in solid form at landfills. The residuals contain contaminants like mercury, cadmium and arsenic, which are associated with cancer and various other serious health effects. EPA’s risk assessment and damage cases demonstrate that, without proper protections, these contaminants can leach into groundwater and can migrate to drinking water sources, posing significant health public concerns.

Today’s action will ensure for the first time that protective controls, such as liners and groundwater monitoring, are in place at new landfills to protect groundwater and human health. Existing surface impoundments will also require liners, with strong incentives to close the impoundments and transition to safer landfills, which store coal ash in dry form. The proposed regulations will ensure stronger oversight of the structural integrity of impoundments in order to prevent accidents like the one at Kingston, Tennessee. Today’s action also will promote environmentally safe and desirable forms of recycling coal ash, known as beneficial uses.

The dangers associated with structurally unsafe coal ash impoundments came to national attention in 2008 when an impoundment holding disposed waste ash generated by the Tennessee Valley Authority broke open, creating a massive spill in Kingston that covered millions of cubic yards of land and river. The spill displaced residents, required hundreds of millions of dollars in cleanup costs and caused widespread environmental damage. Shortly afterwards, EPA began overseeing the cleanup, as well as investigating the structural integrity of impoundments where ash waste is stored.

“The time has come for common-sense national protections to ensure the safe disposal of coal ash,” said EPA Administrator Lisa P. Jackson. “We’re proposing strong steps to address the serious risk of groundwater contamination and threats to drinking water and we’re also putting in place stronger safeguards against structural failures of coal ash impoundments. The health and the environment of all communities must be protected.”

The proposal opens a national dialogue by calling for public comment on two approaches for addressing the risks of coal ash management under the nation’s primary law for regulating solid waste, the Resource Recovery and Conservation Act (RCRA). One option is drawn from authorities available under Subtitle C, which creates a comprehensive program of federally enforceable requirements for waste management and disposal. The other option includes remedies under Subtitle D, which gives EPA authority to set performance standards for waste management facilities and would be enforced primarily through citizen suits. A chart comparing and contrasting the two approaches is available on EPA’s Web site.

Under both approaches proposed by EPA, the agency would leave in place the Bevill exemption for beneficial uses of coal ash in which coal combustion residuals are recycled as components of products instead of placed in impoundments or landfills. Large quantities of coal ash are used today in concrete, cement, wallboard and other contained applications that should not involve any exposure by the public to unsafe contaminants. These uses would not be impacted by today’s proposal.

“EPA supports the legitimate beneficial use of coal combustion residuals,” said Mathy Stanislaus, assistant administrator for EPA’s Office of Solid Waste and Emergency Response, the agency office that will be responsible for implementing the proposals. “Environmentally sound beneficial uses of ash conserve resources, reduce greenhouse gas emissions, lessen the need for waste disposal units, and provide significant domestic economic benefits. This proposal will clearly differentiate these uses from coal ash disposal and assure that safe beneficial uses are not restricted and in fact are encouraged.”

EPA is seeking public comment on how to frame the continued exemption of beneficial uses from regulation and is focusing in particular on whether that exemption should exclude certain non-contained applications where contaminants in coal ash could pose risks to human health. The public comment period is 90 days from the date the rule is published in the Federal Register.

Coal combustion residual impoundments can be found in almost all states across America, most often on the properties of power plants. There are almost 900 landfills and surface impoundments nationwide. Since the spill at Kingston, EPA has been evaluating hundreds of coal ash impoundments throughout the country to ensure their structural integrity and to require improvements where necessary. The results of the assessments are on EPA’s Web site.

More information about the proposed regulation: http://www.epa.gov/coalashrule
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...And, some reaction collected by EarthJustice, an environmental group:

“This is certainly a win of sorts, in that the EPA is finally making strides to regulate coal ash as hazardous waste,” said Trip Van Noppen, executive director for Earthjustice. “Their inclusion of an option to regulate coal ash as hazardous waste is an important first step. The next important step will be to maintain this position in the face of inevitably misguided claims by polluters that the sky will fall under this new regulatory environment. The science is clear that coal ash is hazardous waste, and we are confident this administration will stand by its commitment to follow the science in its policy decisions.”
“The unregulated dumping of coal ash has already contaminated groundwater, creeks and wetlands at more than 100 sites across the U.S. with arsenic and other heavy metals,” said Eric Schaeffer, executive director for Environmental Integrity Project. “These pollutants are dangerous to human health, toxic to fish and other aquatic life, and notoriously difficult to clean up. EPA’s proposal finally acknowledges these risks, and we look forward to a final rule with federally enforceable standards to protect the public from the hazards of coal ash.”


 
“The catastrophic failure of the dam in Kingston, Tennessee, finally got the nation's attention to regulate toxic coal ash,” said Scott Slesinger, legislative director for the Natural Resources Defense Council. “We learned in Kingston, as we recently learned in the Gulf, that catastrophic failures associated with dirty carbon happen with tragic results. We are disappointed that the rule brings forward two dramatically different regulatory options. One option, which we believe is critical to protect public health and the environment, has federally enforceable standards for hazardous waste like those the rest of American industry follows in disposing of its hazardous waste. The other option treats this hazardous waste as if it were not loaded with high levels of arsenic and other toxic metals. We expect EPA to choose the option that adequately protects the public, particularly our precious groundwater, and treats this hazardous waste as a hazardous waste.”
“As the Tennessee Kingston coal ash spill made abundantly clear, the current handling of toxic coal ash is unsafe and unacceptable,” said Sierra Club executive director Michael Brune. “We applaud EPA for acting on this problem and strongly urge them to adopt federally enforceable safeguards, not continue with the failed patchwork of state regulations.”
“Lack of regulation in the Southeast has already caused known harm. From the enormous spill in Tennessee to contamination from coal waste ponds in North Carolina, the need for more comprehensive regulation is clear,” said Jeff Gleason, deputy director of Southern Environmental Law Center. “EPA's Subtitle C proposal is an important step toward rectifying past harm and preventing future disaster.”
The TVA Kingston Coal Ash Disaster raised awareness of the dangers of toxic ash. But there are many other communities at risk. See for yourself how communities are being affected by fugitive dust, contaminated water and massive mountains of coal ash and why federal regulations are needed to protect them: Surrounded by Coal Ash - Communities at Risk.

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