EPA lacking rules on coal ash dumps

By Mark Wineka

mwineka@salisburypost.com

In 2007, the Environmental Protection Agency identified 63 sites in 26 states where water was contaminated by heavy metals coming from coal ash dumps.

Still, the EPA has no rules regulating coal waste, even though it has studied the issue for 28 years.

The EPA's failure has led to a patchwork of inadequate state regulations, says Chandra Taylor, a staff attorney with the Southern Environmental Law Center.

"Ultimately, the type of wet storage that failed at the TVA (Tennessee Valley Authority) Kingston facility should be phased out in favor of dry, composite-lined and monitored storage located outside floodplains."

U.S. power plants generate enough coal ash every year to fill a million railcars.

U.S. Rep. Nick Rahall, D-W.Va., introduced a bill this week calling on the Department of Interior to set uniform design and engineering standards for coal ash ponds at power plants. It would be the first federal standards for the ponds.

With his bill, Rahall wants to explore whether ash ponds could be regulated the same as slurry and sludge from coal mining operations.

Taylor welcomes the congressional actions. She says once enforceable regulations are established by the EPA, states should follow with some that are at least as stringent.

The Southern Environmental Law Center has called on the EPA to establish the following set of minimum safeguards for coal combustion waste sites:

- Siting Restrictions — Ban disposal beneath the seasonal high groundwater table (the natural level at which water stands in a shallow well), prohibit placement of disposal units in floodplains, wetlands, fault areas, seismic impact zones, unstable areas and karst terrain.

- Composite Liners — Protect groundwater through required use of impermeable dual liner systems with fluid landfill waste collection and removal.

- Covers — Require use of covers on waste storage facilities to minimize airborne pollution from the waste, leaching and surface water pollution.

- Comprehensive Monitoring — Mandate consistent groundwater monitoring for all new and existing disposal units with at least one upgradient well and at least three downgradient wells. Monitoring should include comprehensive testing for common constituents of coal combustion waste.

- Corrective Action Requirements — Mandate standards for corrective action that include selection of a remedy that is only deemed complete when water quality standards have been restored and maintained for at least a three-year period.

- Long-term Financial Assurance — Ensure that the owner or operator of a disposal unit adequately plans for the future costs of closure, post-closure care and corrective action for known releases to clean up any pollution that results from placement of coal combustion waste in the environment.