New study determines states offer inadequate coal ash protection

http://www.tnonline.com/2011/aug/25/new-study-determines-states-offer-inadequate-coal-ash-protection
Thursday, August 25, 2011

A new study finds that state regulations regarding coal ash disposal are inadequate to protect public health and drinking water supplies for nearby communities. The information comes as federal regulations – the first of their kind – are under attack by a hostile Congress bent on derailing any effort to ensure strong, federally enforceable safeguards for coal ash, America’s second largest industrial waste stream.

Earthjustice and Appalachian Mountain Advocates (formerly the Appalachian Center for the Economy and the Environment) released “State of Failure: How states fail to protect our health and drinking water from toxic coal ash,” a review of state regulations in 37 states, which together comprise over 98 percent of all coal ash generated nationally. The study highlights the lack of state-based regulations for coal ash disposal and points to the 12 worst states when it comes to coal ash dumping: Alabama, Georgia, Illinois, Indiana, Kentucky, Missouri, North Carolina, Ohio, South Carolina, Tennessee, Texas, South Carolina and Virginia.

There are currently nearly 700 coal ash ponds and hundreds of coal ash landfills in the U.S., most of which operate without adequate liners and water quality monitoring, and have been operating as such for decades. Most states do not require coal ash dumps to employ the most basic safeguards required at landfills for household garbage.

State of Failure includes detailed information on basic disposal safeguards, such as groundwater monitoring, liners, isolation of ash from the water table, and financial assurance requirements in 37 states where coal ash is currently generated and disposed.

Coal ash is the toxic remains of coal-fired power plants; enough is generated each year to fill train cars stretching from the North Pole to the South Pole. The ash contains toxic metals, including arsenic, hexavalent chromium, lead, mercury, and selenium. Coal ash is commonly dumped into unlined and unmonitored ponds and landfills. There are well over a hundred documented sites where coal ash has contaminated drinking water or surface water.

The EPA is currently considering a federal proposal to regulate coal ash that includes two options: the first option would classify coal ash as hazardous waste, requiring water quality monitoring, liners and the phase out of dangerous “wet” storage of coal ash, such as the pond that collapsed in Kingston, Tennessee in 2008. The second option would continue to allow states to inadequately regulate coal ash by establishing only guidelines that states are free to ignore. Within the industry, coal ash generators support the weaker option. The EPA, under pressure from industry, has postponed finalizing the coal ash standard until 2012.

But coal ash allies in the U.S. Senate and the House of Representatives are not content with delay. Two bills currently moving through the House seek to undermine any efforts by the EPA to set federal enforceable safeguards for coal ash disposal. Both bills require EPA to let the states – and the states alone – decide how to regulate ash, with little federal oversight.

“This report proves unequivocally that state programs, without federal mandates or oversight, are a recipe for disaster when it comes to protecting our health and our environment,” said Lisa Evans, senior legislative counsel at Earthjustice and a co-author of the study. “Strong, federally enforceable safeguards are needed to guarantee that our drinking water remains free of arsenic, lead, mercury and other toxic metals found in coal ash. The myth that states are doing a good job protecting Americans from coal ash is busted.”

“The problem with relying on state regulations is that they are not designed for the unique problems of coal ash generally and coal ash impoundments particularly,” said Mike Becher, the Equal Justice Works Fellow at Appalachian Mountain Advocates. “While many coal ash impoundments are regulated by state dam safety programs, these programs were developed to deal with dams holding back water, not toxic substances. State solid waste programs, on the other hand, are not used to dealing with large impoundments and the threat of a catastrophic dam failure like the one seen in Tennessee in 2008.”

Coal ash taints groundwater

http://www.tennessean.com/article/20110725/NEWS11/307250034/Coal-ash-taints-groundwater-at-TVA-sites-report-finds

Inspector General report finds nine of TVA’s plant sites have contamination

A new report says groundwater contamination from coal ash has been found at Gallatin and eight of the nine other Tennessee Valley Authority fossil power plant sites where testing is being done.

Levels of toxic substances found at the Gallatin plant site in Sumner County and at the Cumberland site, 50 miles northwest of Nashville, are high enough that they could create a health hazard, the report says. Beryllium, cadmium and nickel levels are above drinking water standards at Gallatin, as are arsenic, selenium and vanadium at Cumberland.

One major surprise also showed up in the review by TVA’s Office of Inspector General: For more than a decade, the TVA had been finding substances in groundwater at its Allen coal-fired plant in Memphis that indicated toxic metals could be leaking from a coal ash pond there.

Arsenic above today’s allowable levels was found repeatedly in a monitoring well on the site, which is in a sensitive location. The plant and its ash ponds lie above a deep, high-quality aquifer that supplies drinking water to Memphis and nearby areas.

“I was not aware of this until today,” Chuck Head, Tennessee Department of Environment and Conservation’s senior director for land programs, said Friday after The Tennessean provided a copy of the TVA document.

“We would obviously have liked them to report it to us when they found the arsenic. But now that we have the information, we are going to work with them to try to resolve the problem.”

TVA declined requests for interviews on the topic, but spokeswoman Barbara Martocci sent an email, saying the legal limits for contaminants at Allen were met at the time of the testing.

“Even though some parameters were measured at levels higher than background, there were no exceedances of EPA municipal drinking water limits,” she wrote.

That was the case, up to a point.

TVA quit testing when the EPA tightened its standard — what’s called the Maximum Contaminant Level, the report said. Samples taken before then had showed arsenic levels above the new, higher standard.

“Testing has not been performed since the Maximum Contaminant Level was lowered,” the report said.

The toxic substances typically are found in small amounts — parts per billion. At the Gallatin site, they are likely moving down to and being diluted in the Cumberland River, Head said.

Similarly, at Allen in Memphis, the most likely result is discharge of the groundwater directly into the nearby Mississippi River and a lake there, he said. The threat to the Memphis aquifer is minimal.

Head said the state is set to talk Tuesday to TVA as they work toward a solution.

He said more monitoring wells will likely be needed to determine how large the contaminated plume is underground at the Gallatin plant.

’08 spill was catalyst

The OIG investigation of groundwater contamination at TVA coal ash sites, released June 21, began as a result of questions raised during congressional testimony following the December 2008 ash spill in East Tennessee.

A mountain of damp ash had buckled at TVA’s Kingston plant and 5.4 million cubic yards of the waste, which contains mercury, cadmium, lead, selenium, arsenic and other potentially toxic substances, cascaded into yards, fields and the Emory River.

The event brought national attention to the lack of regulation of coal ash and helped spark proposed rules last year from the U.S. Environmental Protection Agency that are being argued over today.

The OIG report is considered important on several counts by the Environmental Integrity Project that has been gathering data on coal ash sites.

“The list of plants where monitoring is taking place at TVA is notable for what is missing,” said Russell Boulding, a hydro-geologist and soil scientist working with the environmental advocacy group.

That includes the absence of testing at the ash impoundment at TVA’s closed Watts Bar Plant coal-fired plant, 60 miles southwest of Knoxville. No monitoring is done around Watts Bar, where an old, unlined ash pond is located.

Spokeswoman Martocci said it’s not required.

“It is not an active plant, and there were no solid waste permits (or other regulations) that required groundwater monitoring for the site,” she wrote.

The legacy ash pond there is under study for permanent closure, which, when officially closed, could require monitoring by the state.

Coal ash, once viewed as harmless, contains a variety of heavy metals in low concentrations. Without proper protection, they can leach into groundwater and move to drinking water sources, such as well water, posing “significant public health concerns,” according to an EPA report.

Some of the substances can also move up the food chain.

Martocci said TVA’s coal ash sites pose no threat.

“The small amount of heavy metals or other potential contaminants identified in groundwater at the fossil sites are confined to the TVA reservation and do not impact off-site drinking water sources,” Martocci wrote. “Moreover, there are no potable water supplies down-gradient from these sites.”

Data gap frustrating

The Environmental Integrity Project is among groups that have been advocating for the EPA to regulate coal ash, but a lack of monitoring nationally in the past means little data is available.

“This has been a big source of frustration for those of us who are looking at the impacts of disposal practices,” Boulding said.

At least in Tennessee there is some information, he said. Data, including this new report, is growing in the wake of the Kingston spill, and more is forthcoming. TVA voluntarily put in 29 groundwater monitoring wells last year at its power plant coal ash sites. Results from samples are expected this year.

In Colorado and some other states, the group can find virtually no data despite a large number of coal-fired plants  pumping out coal ash, Boulding said.

Still, the EPA has found about 70 cases where coal ash has caused fish kills, sullied wells and tainted land in a 2007 report. The EIP, Earthjustice and the Sierra Club have put out reports on scores of other cases.

Time of reckoning

Coal, which has long provided cheap electricity nationwide, has also generated vast quantities of ash in Tennessee and around the country. After burning, the leftover chunks and flakes have generally been flooded with water for sluicing to ponds where the ash settles out. The water is then pumped into a river or lake. Coal ash has been left in the ponds, mounded beside rivers, placed in old coal mines and loaded into gravel pits.

Some has been spread on roadways or used to make walking paths. And some has been recycled in asphalt or other products .

Since at least the 1980s, with growing coal ash wastes and disasters environmentalists have been pressing for regulation.

Coal industry representatives have said federal regulation would be cumbersome and costly and want to leave it to states.

TVA officials have said they’re getting ahead of the curve. They announced plans earlier to convert to more costly but preferred dry ash disposal, which experts say makes ash easier to manage and less likely to contaminate groundwater. It also leaves materials available for recycling.

Though monitoring hasn’t been required, TVA carried out voluntary testing at the Allen plant ash ponds in Memphis from 1988-2008, according to the OIG report.

Elevated levels of boron and sulfate — which indicate ash releases from the impoundments there — and also arsenic “have been historically higher than the background data,” the report said.

“According to TVA personnel, these levels have not been reported to (the Tennessee Department of Environment and Conservation) because the testing was not required,” it said.

The report gave specific data for a few plant sites, but not for Allen. It did say that arsenic levels measured in the past were above today’s current safe limit.

EPA Reduces Smokestack Pollution

EPA Reduces Smokestack Pollution, Protecting Americans’ Health from Soot and Smog

Clean Air Act protections will cut dangerous pollution in communities that are home to 240 million Americans

WASHINGTON – Building on the Obama Administration’s strong record of protecting the public’s health through common-sense clean air standards – including proposed standards to reduce emissions of mercury and other air toxics, as well as air quality standards for sulfur dioxide and nitrogen dioxide – the U.S. Environmental Protection Agency (EPA) today finalized additional Clean Air Act protections that will slash hundreds of thousands of tons of smokestack emissions that travel long distances through the air leading to soot and smog, threatening the health of hundreds of millions of Americans living downwind. The Cross-State Air Pollution Rule will protect communities that are home to 240 million Americans from smog and soot pollution, preventing up to 34,000 premature deaths, 15,000 nonfatal heart attacks, 19,000 cases of acute bronchitis, 400,000 cases of aggravated asthma, and 1.8 million sick days a year beginning in 2014 – achieving up to $280 billion in annual health benefits. Twenty seven states in the eastern half of the country will work with power plants to cut air pollution under the rule, which leverages widely available, proven and cost-effective  control technologies. Ensuring flexibility, EPA will work with states to help develop the most appropriate path forward to deliver significant reductions in harmful emissions while minimizing costs for utilities and consumers.

“No community should have to bear the burden of another community’s polluters, or be powerless to prevent air pollution that leads to asthma, heart attacks and other harmful illnesses. These Clean Air Act safeguards will help protect the health of millions of Americans and save lives by preventing smog and soot pollution from traveling hundreds of miles and contaminating the air they breathe,” said EPA Administrator Lisa P. Jackson. “By maximizing flexibility and leveraging existing technology, the Cross-State Air Pollution Rule will help ensure that American families aren’t suffering the consequences of pollution generated far from home, while allowing states to decide how best to decrease dangerous air pollution in the most cost effective way.”

Carried long distances across the country by wind and weather, power plant emissions of sulfur dioxide (SO2) and nitrogen oxide (NOx) continually travel across state lines. As the pollution is transported, it reacts in the atmosphere and contributes to harmful levels of smog (ground-level ozone) and soot (fine particles), which are scientifically linked to widespread illnesses and premature deaths and prevent many cities and communities from enjoying healthy air quality.

The rule will improve air quality by cutting SO2 and NOx emissions that contribute to pollution problems in other states. By 2014, the rule and other state and EPA actions will reduce SO2 emissions by 73 percent from 2005 levels. NOx emissions will drop by 54 percent. Following the Clean Air Act’s “Good Neighbor” mandate to limit interstate air pollution, the rule will help states that are struggling to protect air quality from pollution emitted outside their borders, and it uses an approach that can be applied in the future to help areas continue to meet and maintain air quality health standards.

The Cross-State Air Pollution Rule replaces and strengthens the 2005 Clean Air Interstate Rule (CAIR), which the U.S. Court of Appeals for the D.C. Circuit ordered EPA to revise in 2008. The court allowed CAIR to remain in place temporarily while EPA worked to finalize today’s replacement rule.

The rule will protect over 240 million Americans living in the eastern half of the country, resulting in up to $280 billion in annual benefits.  The benefits far outweigh the $800 million projected to be spent annually on this rule in 2014 and the roughly $1.6 billion per year in capital investments already underway as a result of CAIR.  EPA expects pollution reductions to occur quickly without large expenditures by the power industry. Many power plants covered by the rule have already made substantial investments in clean air technologies to reduce SO2 and NOx emissions. The rule will level the playing field for power plants that are already controlling these emissions by requiring more facilities to do the same. In the states where investments in control technology are required, health and environmental benefits will be substantial.

The rule will also help improve visibility in state and national parks while better protecting sensitive ecosystems, including Appalachian streams, Adirondack lakes, estuaries, coastal waters, and forests. In a supplemental rulemaking based on further review and analysis of air quality information, EPA is also proposing to require sources in Iowa, Kansas, Michigan, Missouri, Oklahoma, and Wisconsin to reduce NOX emissions during the summertime ozone season. The proposal would increase the total number of states covered by the rule from 27 to 28. Five of these six states are covered for other pollutants under the rule. The proposal is open for public review and comment for 45 days after publication in the Federal Register.

More information: http://www.epa.gov/crossstaterule/

CONTACT:
Enesta Jones
jones.enesta@epa.gov
202-564-7873
202-564-4355

Mapping of underground water pools

http://citizensvoice.com/news/mapping-of-underground-water-pools-1.1164422#axzz1Pup6R8MH
Published: June 21, 2011

Fears that the development of the Marcellus Shale natural gas reserves might lead to anthracite mining era-style environmental degradation are well founded. This is especially true as it relates to  protecting the sources of the water that we need to survive.

It is ironic, then, to learn that the natural gas and coal industries, both intent on extracting resources from underground, are linked today. The linkage is in the vast water pools in former mine workings, water that can be tapped for fracking. That is the process whereby water is injected under high pressure into the shale deposits that hold the natural gas, breaking up the shale to allow the gas to escape and be captured.

There are billions of gallons of water in the anthracite coal fields. The total could be more than one trillion gallons, according to Bob Hughes of the Eastern Pennsylvania Coalition for Mine Reclamation. His agency and the Susquehanna River Basin Commission are engaged in a high-tech mapping of underground water pools in the anthracite fields.

The mapping also reveals existing coal deposits. There are billions of tons of coal underground. Yes, billions of tons, and that coal, the billions of gallons of water and even the 65 or so mine fires burning in Pennsylvania all mean that bountiful resources exist that could create, build and sustain economic models that could inure to the benefit of all Pennsylvanians.

The key is developing each resource so that it can turn a profit for whatever entity does the developing, whether it is a private company or a government entity.

The spark that led this column to talk to Bob Hughes was a letter to the editor from Jude O’Donnell of Harveys Lake. He wondered if the tremendous energy being generated by the Laurel Run mine fire might be harnessed. The fire has been burning underground on the mountain east of Wilkes-Barre since 1915. In the 1950s, all homes in the mine fire area were taken by the federal government and the fire was sealed with a clay barrier.

Hughes said O’Donnell’s idea has merit. A plant could be built outside the fire zone and the heat could be piped to the plant and converted by one of several processes into energy. That energy could heat homes or businesses, or sold, perhaps by a local government or consortium of local governments working together. Can you say “regional cooperation?”

The same could be done at other mine fires in the state, including Centralia, the famous fire that led to abandonment of a community in southern Columbia County.

The energy from mine fires likely will last for generations, Hughes said, just as the billions of gallons of underground water will be there for centuries. The mapping partners are looking at historical data on water levels, recorded at boreholes all over the anthracite fields, and safe withdrawal levels can be established. This would preclude mine subsidence threats.

Mine water is undrinkable and unusable, except for industrial uses such as fracking, because of its iron content. However, wastewater from fracking then becomes dangerous if it enters aquifers, reservoirs, streams and rivers used as drinking water sources. This is the key issue on which critics of natural gas development are focused, with good reason.

Then there is the coal. Strip mining continues, especially in the Southern Anthracite Field, but few deep mines exist. The last to operate in Wyoming Valley was the Glen-Nan mine in Newport Township, the closing of which I covered in 1974. It will take technological breakthroughs and an industry commitment to environmental protection before anyone can get excited again about tapping the massive coal reserves.

The mapping project will be invaluable to those watchdog groups and citizens in general worried about the commonwealth’s water resources. In addition to the use of aquifers, lakes and streams by gas companies, we must add mine water pools which should not be discounted, regardless of acidity, as a major part of overall Pennsylvania water resources.

Paul Golias, retired managing editor of The Citizens’ Voice, writes a weekly column on regional issues. He can be contacted at pgolias@ptd.net.

New firm takes over mining at sites in Carbon and Schuylkill

http://republicanherald.com/news/new-firm-takes-over-mining-at-sites-in-carbon-and-schuylkill-1.1154547

By TOM RAGAN (Staff Writer tragan@standardspeaker.com)
Published: May 30, 2011

A new company is taking over a surface mining operation in two counties.

The state Department of Environmental Protection has transferred a 7,500-acre surface mining permit to BET Associates to mine, re-mine and reclaim numerous abandoned mine land in Schuylkill and Carbon counties.

The site spans Tamaqua and Coaldale in Schuylkill County and Lansford, Summit Hill and Nesquehoning in Carbon County.

Doug Topkis, managing owner of BET Associates, said the company is in partnership with Robindale Energy Services and is doing business as Lehigh Anthracite. The company has an office in the former Jamesway Shopping Center near Tamaqua.

“We are interested in revitalizing the local economy and we have plans to have the site mined properly and safely,” Topkis said.

BET Associates purchased the site from the former permit holder, Lehigh Coal & Navigation Co. through a bankruptcy sale last May, shortly after DEP suspended LCN’s mining operations.

DEP issued 24 compliance orders to LCN between 2008 and 2010 for numerous water quality violations and for failing to reclaim the site. LCN had filed for bankruptcy in 2008.

As a condition of the permit, BET Associates will post bonds to cover the full cost of reclaiming the site and to treat the acid mine drainage.

The previous bonds LCN posted would have been insufficient to reclaim the site and the state would have been responsible for millions of dollars in remediation projects. The permit transfer relieves the state of the potential responsibility of reclaiming the site.

“The plan is to mine the coal, since there is plenty of anthracite coal, and at the same time fill up a lot of the holes for positive drainage. Right now it’s porous land. Filling the holes will benefit the mine by having the water drain properly,” Topkis said.

The new company will commit $24.5 million in reclamation bonds and funds to use for treating the site’s acid mine drainage problem.

“We’ve been working to take care of the environmental problems that existed to make it safer for our working employees,” Topkis said.

He said that Robindale, of Indiana County, will be operating the heavy equipment and be in charge of  operations of the newly formed company, Lehigh Anthracite. He said he believes, depending on the coal market, that new jobs will be created from it.

The company should have 50 employees working at the site this week and could have as many as 80 employees by the end of the year, he said.

The market is strong for coal due to recent economic upswings in China and India, according to Topkis.

“Anthracite coke is used in the steel-making process and the price is lower, making it an attractive export,” Topkis said. “I think it’s a win-win for everyone. We’ve got a good plan and good people running it.”

Topkis said Tamaqua officials appear to be pleased the company will be mining coal again.

“We’re very excited about working in the communities of all five boroughs. Tamaqua council has already offered support and it’s encouraging,” he said.

Tamaqua council members met with Topkis and came away feeling this is going to be a healthy coal-mining operation, according to council President Micah Gursky.

“We are thrilled it will be a boost to the local economy and yes, we are very supportive and glad that a healthy, strong company is taking over the operation to mine coal here again and new jobs will be created for the area, ” Gursky said.

Tamaqua has always been tied to coal mining operations in the past, he said.

The site has been mined for a couple hundred years and is one of the oldest surface mining sites in the state and the largest landowner in the Tamaqua area. However, in recent years, LCN company had some problems that drew the attention of DEP.

Those problems stemmed from not paying taxes to local municipalities, at times being unable to pay employees, equipment breakdowns, non-compliance with environmental issues, unsafe working conditions and lack of funds for bonds to re-claim scarred land. In the most recent problem, about 7,000 gallons per minute of water contaminated by acid mine drainage flows through the site, which includes more than 800 acres of surface mine pits, according to DEP.

EPA to Hold Public Hearing on Mercury Pollution from Power Plants

Media Contact: Bonnie Smith, 215-814-5543, smith.bonnie@epa.gov
May 3, 2011

EPA to Hold Public Hearing on National Standard for Mercury Pollution from Power Plants

The U.S. Environmental Protection Agency (EPA) is proposing standards to limit mercury, acid gases and other toxic pollution from power plants.

WASHINGTON – The U.S. Environmental Protection Agency will hold a public hearing in Philadelphia on May 24, 2011 on the proposed mercury and air toxics standards. The new power plant mercury and air toxics standards would require many power plants to install widely available, proven pollution control technologies to cut harmful emissions of mercury, arsenic, chromium, nickel and acid gases, while preventing as many as 17,000 premature deaths and 11,000 heart attacks a year.

  • WHAT: Public hearing on proposed mercury and air toxics standards
  • WHEN: Tuesday, May 24, 2011. The hearing will begin at 9 a.m. and continue until 8 p.m. EDT
  • WHERE: Philadelphia: Westin Philadelphia, 99 S. 17th Street at Liberty Place, Philadelphia, PA. 19103
  • REGISTRATION: The public may register to speak at a specific time at a hearing by contacting Pamela Garrett at 919-541-7966 or garrett.pamela@epa.gov or registering in person on the day of a hearing. EPA also will accept written comments on the proposed standards until July 5, 2011. EPA will finalize the rule by November 2011.
  • Preregistration deadline 5 p.m., May 19
  • ADDITION INFORMATION: Reducing Toxic Air Emissions From Power Plants: For more information on the hearings and instructions for submitting written comments see: http://www.epa.gov/airquality/powerplanttoxics/
  1. Proposed Rule (PDF) (946pp, 1.9 MB) [ http://www.epa.gov/airquality/powerplanttoxics/pdfs/proposal.pdf ] Note: Pages 214 and 518 of the signed proposed rule contain references to proprietary technology. EPA included these references merely to illustrate that the technologies under discussion are commercially available. EPA and the U.S. government do not endorse any of the listed products.
  2. Fact Sheet Summarizing the Proposed Rule (PDF) (5pp, 36k) [ http://www.epa.gov/airquality/powerplanttoxics/pdfs/proposalfactsheet.pdf ]
  3. Overview Presentation (PDF) (18pp, 797k) [ http://www.epa.gov/airquality/powerplanttoxics/pdfs/presentation.pdf ]
  4. Overview Fact Sheet (PDF) (5pp, 48k) [ http://www.epa.gov/airquality/powerplanttoxics/pdfs/overviewfactsheet.pdf ]
  5. Regulatory Impact Analysis [ http://www.epa.gov/ttn/ecas/ria.html ]
  6. Integrated Planning Model (IPM) Analysis [ http://www.epa.gov/airmarkets/progsregs/epa-ipm/toxics.html ]