Last week, Tennessee Senate Speaker and gubernatorial candidate, Ron Ramsey, called the state’s Department of Environment and Conservation (TDEC) “out of control” with respect to environmental protection regulation in Tennessee. Quite frankly, I wasn’t too surprised. I’ve been hearing that complaint from legislators and disgruntled citizens for the last couple of years.
What’s really out of control in Tennessee is the attack on land, air, and water – and the laws that protect them – by corporate coal and other industries that seem hell bent on exploitation of nature with their cut-and-run economics. Despite claims to the contrary, cleaning up their messes and properly disposing of wastes seems to be based primarily on protecting profits, not people and nature.
Yesterday, the Environmental Integrity Project released a new report, Out of Control: Mounting Damages from Coal Ash Waste Sites. This study adds 31 sites to a list previously published by the Environmental Protection Agency following TVA’s Kingston coal ash disaster in December of 2008.
According to the EIP study:
At 15 of the 31 sites, contamination has already migrated off the power plant property (off-site) at levels that exceed drinking water or surface water quality standards. The remaining 16 show evidence of severe on-site pollution (see Table 1 and Summary). Because off-site monitoring data at 14 of these 16 sites were not available, damage may be more severe and widespread than indicated in this report.
Based on similar criteria, the United States Environmental Protection Agency (EPA) has already identified 71 coal combustion waste damage cases, 23 of which are known to have caused off-site contamination.ii The 31 new damage cases identified in this report bring the total number of damaged sites to more than 100, with still more to be investigated.
Two of the 31 new sites are in Tennessee – TVA’s John Sevier Fossil Plant in Rogersville (Hawkins County), and Trans-Ash, Inc.’s CCW (coal combustion waste) Landfill in Camden (Benton County). The Trans-Ash Landfill site is an old quarry, and receives CCW from TVA’s Johnsonville Fossil Plant.
At the John Sevier facility, there was evidence that ground water had moved offsite to surface water:
Data from groundwater monitoring wells located between John Sevier Fossil Plant‘s CCW impoundment and the Holston River show that cadmium levels exceed federal MCLs, and that aluminum, manganese and sulfate levels exceed Secondary MCLs for drinking water. In addition, arsenic and manganese exceed EPA National Recommended Water Quality Criteria (WQC) for human health, and cadmium levels exceed both chronic and acute levels for freshwater aquatic life. Boron levels of 18,000 μg/L are far above EPA Superfund Removal Action Levels of 3,000 μg/L and 900 μg/L and exceed both of EPA‘s Drinking Water Health Advisory levels of 3,000 and 6,000 μg/L. In addition, strontium measured at 5,300 μg/L exceeds EPA‘s health advisory level of 4,000 μg/L. [see table on page xx.]
At the Trans-Ash Landfill there was on-site damage, as well as off-site damage to surface water, groundwater, and two private residential drinking water wells:After complaints by a resident living near the Trans-Ash landfill, the Tennessee Department of Environment and Conservation tested private wells and found mercury concentrations ranging from 0.011 to 0.013 mg/L – 5.5 to 6.5 times higher than the primary MCL. In July 2009, U.S. EPA confirmed mercury levels and initiated Emergency Removal Action to connect the residence to the Camden city water supply. Sampling data shows that the sediment pond has high concentrations of mercury (up to .28 mg/kg) and on-site groundwater has high concentrations of boron (up to 9.39 mg/L) and sulfate (up to 739 mg/L). [see table on page xxi.]
I would recommend that you read the more detailed report sections on these facilities for yourself, because if you bring them up to people who swear coal ash is harmless, they might try to derail your concerns with historical and other data that the EIP study specifically accounts for.
These two damage cases are important to citizens of Tennessee for several reasons.
We’ve already experienced a major contamination disaster with Kingston plant coal ash, and now all that clean-up ash has to go somewhere. A lot of it is already in an Alabama landfill, but there are existing or potential sites in Tennessee where facility operators might want to cash in on ash disposal.
Since the United States generates 140-million tons of combustion wastes every year, we also have to consider where all that will go. In Cumberland County, for example, the Wright Brothers want to use coal ash in a landfill/mine reclamation scheme that scares the heck out of people near Smith Mountain and many other Tennesseans as well. The Cumberland Stewards, a citizens group leading the charge against this proposed nightmare in the toxic Sewanee coal seam, has been assured that this landfill’s design would safely contain all the contaminants. They’re not buying it. And these new damage cases only shore up their legitimate concerns.
Add to all of this the fact that the EPA has not yet released new regulations for disposal of coal ash, nor have they decided whether or not coal ash should be designated as hazardous waste.
And then we have the state’s legislative-industrial complex – recently channeled by Ron Ramsey and Zack Wamp -- that continues to draft bills that threaten to disassemble what rules we do have.
Last year, a more enlightened legislator introduced a bill that would have asked TDEC to draft and potentially strengthen coal ash disposal rules, but that fizzled.
This session, three new bills have been introduced, but none of them call for any substantial review or regulation that will address known risks of coal ash disposal, such as those documented in the EIP study.
I think it’s clear that TDEC is definitely not “out of control.” If anything, Tennessee needs to get a lot more serious about coal ash disposal and recycling.