PDF: TN Regulatory and Damage Report
On the eve of the EPA’s last public hearing about proposed coal ash regulation, a coalition of environmental and public health groups Tuesday released a report detailing the shortcomings of Tennessee’s coal ash regulations.
“The constituents of coal ash kind of reads like the periodic table in chemistry,” said Stephen Smith, director of Southern Alliance for Clean Energy, one of the environmental groups.
Despite the Dec. 22, 2008, spill of more than 1 billion gallons of toxic-laden ash at TVA’s Kingston Fossil Plant, “Tennessee still does not regulate coal ash,” he said.
“We believe this is a very clear example of what will happen if EPA takes the least stringent option” of its proposed rule to regulate coal ash,” he said.
REPORT FINDINGS* Tennessee has no laws designed specifically to address the dangers of coal ash.* When ash is stored in a wet impoundment, like Kingston, the routine wastewater leaching from the site is regulated. Left unregulated are structural stability, groundwater, siting, corrective action, closure and postclosure care.* The Tennessee Safe Dams Act does not apply to coal ash ponds.* Solid-waste regulations are not applied to coal ash ponds.* Landfills can operate under weak “permits-by-rule” if operators say the landfill ultimately will be used for something other than ash storage alone. No proof or assurance of intent is required.* The commissioner of the Department of Environment and Conservation can waive all landfill regulations on a permit-by-permit basis.* Based on state and EPA records, surface or groundwater contamination have been found in and around TVA ash ponds at the Johnsonville, Cumberland, Gallatin and John Sevier coal plants. Contaminants include arsenic, aluminum, beryllium, boron, cadmium, chloride, iron, lead, manganese and nickel.Source: “The State of Coal Ash Regulation in Tennessee,” a report by the Southern Alliance for Clean EnergyPUBLIC HEARING AND EVENTS* The U.S. Environmental Protection Agency will hold the last in a series of national public hearings on new proposed coal-ash waste regulations today from 9 a.m. to 9 p.m. at Knoxville’s Marriott, 500 Hill Ave. SE.* A Kingston photo vigil begins around hotel entrances at 9 a.m.* Coal ash regulation activists plan a press conference at noon.* A screening of the documentary “Perry County” begins at 1 p.m. and depicts the community in Alabama where some of the spilled Kingston coal ash is being landfilled.* An activist rally is set for 5:30 p.m.
Today in Knoxville, the U.S. Environmental Protection Agency will have an all-day meeting to hear public comment on the options of its proposed rule.
Describing the Kingston spill as “the catalyst” for the new rule proposal, Smith said EPA needs to require Tennessee and all states to step up.
“We want EPA standing as a backstop so states have no wiggle room,” Smith said.
Officials with the Tennessee Department of Environment and Conservation dispute some of the report’s assertions about state oversight.
“It is regrettable that the Southern Alliance for Clean Energy and its partner groups chose to omit relevant facts in their position paper and failed to provide science-based evidence to address the core question as to whether coal combustion residue should be designated as a hazardous waste,” said TDEC Deputy Commissioner Paul Sloan.
“The department welcomes national regulation to ensure this material is managed safely and consistently across all the states.”
Tisha Calabrese-Benton, spokeswoman for the Tennessee Department of Environment and Conservation, said TDEC and state officials have made several ash regulatory changes since the spill.
In January 2009, TDEC issued an enforcement order against TVA, requiring “a complete structural analysis” of all Tennessee coal ash ponds and landfills, she said.
Since the spill, all water permits for ash impoundments include structural integrity requirements, and TDEC no longer allows any coal ash landfill to be constructed using the permit-by-rule regulations, she said.
Also in 2009, Tennessee’s General Assembly passed an amendment to the solid-waste laws that specifically addresses liners for coal ash ponds and landfills.
“This contradicts the report, which says Tennessee does not have laws designed specifically to address coal ash,” Calabrese-Benton said.
TVA’s David Mould criticized the timing of the group’s report.
“It’s fairly typical for activists to issue reports like this the day before a hearing like this,” he said.
Mould declined to comment on the report itself, but he said TVA’s position on the proposed EPA rules is that the utility supports any new regulations based on sound science and engineering.
The coalition, which includes a dozen groups, is urging EPA to choose subtitle C, the option that would regulate the generation, transportation, treatment, storage and disposal of coal ash as a “special waste” under the hazardous waste portion of the Resource Conservation and Recovery Act.
The least-stringent option suggests guidelines for coal-ash disposal under subtitle D, which covers non-hazardous wastes and leaves their regulation largely up to states.
Contact Pam Sohn at psohn@timesfreepress.com or 423-757-6346.