Coal Ash in Tennessee: Past, Present and Future

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2 Coal Ash in Tennessee: Past, Present and Future Bob Read, Ph.D. Director, Environmental Chemistry Laboratory Tennessee Department of Health Division of Laboratory Services

3 The Past

4 TVA Kingston Coal Ash Spill December 2008

5 The Facts: The TVA Kingston Steam Plant was completed in 1955 as the worlds largest fossil fuel plant. On Monday December 22, 2008, around 1:00 a.m., the retention wall of one of the coal ash holding ponds failed. More than 5.4 million cubic yards of coal ash mixed with 327 million gallons of water spilled and covered more than 300 acres of surrounding water and land, entering a branch of the Emory River, two Emory River embayments, and eventually spilling into the main channel of the Emory River. The massive ash slide disrupted power and ruptured a gas line, causing the evacuation of a nearby neighborhood. There were no immediate deaths or injuries caused by this extraordinary ash slide.

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10 A 25-foot (7.6 m) wall of ash approximately 1 mile (1.6 km) from the retention pond Photo: Brian Stansberry / Creative Commons

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13 Environmental Response: Tennessee Department of Environment and Conservation (TDEC) immediately implemented a water sampling plan for public water supply, well and surface water monitoring, and fish tissue monitoring. TDEC also implemented sampling plans for air, soil and coal ash. The Environmental Chemistry Sections, General Inorganics and Metals, performed TVA Kingston drinking water sample testing for 7 days a week for 1 month with a required 24-hour turnaround time on analytical results. This was followed by drinking water sample collection for 5 days a week for 3 months with a required 24-hour turnaround time on analytical results. The Environmental Chemistry Sections, Organics and Radiochemistry, performed testing on air, soil and coal ash samples.

14 Analytical Parameters: Radiochemistry (Soil, Ash, Air Filters) Gross Alpha-Gross Beta, Gamma Inorganic Metals (Water, Soil, Ash, Air Filters) Fe, Al, Sb, As, Ba, Be, Cd, Cr, Co, Cu, Pb, Mn, Ni, Se, Ag, Tl, V, Zn and Mercury Inorganic Routines (Water) Total Alkalinity, Calcium Hardness, Settleable Residue, Total Suspended Solids Organics (Soil, Ash) PAHs

15 SR 62 TN 61 US 25W Oliver Springs Oak Ridge Airpark US 25W Oak Ridge SR 61 SR 62 US 27 TN 95 Higdon Airfield SR 62 I 40 Buck Creek Ranch Airport I I Rockwoo d Municip al Airport I 40 I 40 I 40 Harrima n I 40 Liles Airport SR 58 TVA Kingston Kingston DWTP I 40 SR 58 I 40 TN I I 40 Melton Hill Lake US 11 US 70 I 40 I SR I 140 1A I 140 Fort Loudon 3 Lake B Rockwood DWTP Merian Seaplan e Base Meadowla ke Airport US 70 Big T Airport 8 1 US 11 Raby Airpark 100 Aker Wood Airport Watts BarLake SR 58 Wolf Creek Airport Will A Hildreth Cox FarmFarm Airport Airport Wilkerso n Field US 321 SR 95 Massinga le Airport I 75 US 11 US 321 SR 68 SR 72 SR Fergusons72 Flying Circus Airport SR 72 US 321 SR US 11 SR 72 Mcgraw 's Backyar d Airport Village Airport SR 68 SR 302 US 11 SR 68 SR 68 SR 68 6 I 75 US 411

16 TVA Kingston Coal Ash Recovery Project Metrics: Clean up time of 6 years at an approximate cost of $1,178,000,000 Total clean up man hours equal to 6,700,000 hours Volume of ash removed from river system equal to 3,500,000 cubic yards Total number of railcars for ash transport to Alabama landfill totaled to 41,000 railcars Volume of ash mechanically excavated from embayments equal to 2,300,000 cubic yards Volume of ash removed from other areas equal to 1,900,000 cubic yards Acres of river system cleaned up equal to 255 acres Volume of ash stacked and compacted in on-site landfill equal to 4,000,000 cubic yards

17 The Present

18 Events Impacting Tennessee: In November 2014, the Southern Environmental Law Center (SELC) informs Tennessee Department of Environment and Conservation (TDEC) of an intent to sue notice against TVA, which provides a 60 day window for the government to take enforcement action. This response was due to alleged violations of the Clean Water Act from TVA s Gallatin Fossil Plant on the Cumberland River, which provides drinking water for approximately 1.2 million residents downstream.

19 The EPA Administrator, Gina McCarthy, signed the Disposal of Coal Combustion Residuals (CCR Ruling) from Electric Utilities final rule on December 19, 2014, and it was published in the Federal Register (FR) on April 17, 2015.

20 On January 7, 2015, the State s Attorney General and TDEC file a joint enforcement action against TVA. The Attorney General s Office and TDEC allege TVA's Gallatin Steam Plant has contaminated the Cumberland River and is in violation of two Tennessee environmental laws, the Water Quality Control Act and the Solid Waste Management Act.

21 On April 14, 2015, the Southern Environmental Law Center (SELC), files a lawsuit in federal court on behalf of the Tennessee Scenic Rivers Association (TSRA) and the Tennessee Clean Water Network (TCWN), to end decades of alleged coal ash pollution from Tennessee Valley Authority s Gallatin Fossil Plant into surrounding waterways, including the Cumberland River and Old Hickory Lake upstream from Nashville, TN. These groups contend that TVA Gallatin s coal ash ponds located adjacent to the Cumberland River hold over fifty-five years of coal ash waste in unlined, unprotected pits.

22 SELC, on behalf of the Sierra Club, has filed a notice of intent to sue TVA for Clean Water Act violations at the Cumberland Fossil Plant. The SELC is a non-profit organization with 9 offices in the Southeast and Washington, and 65 attorneys working on more than 200 cases. SELC is involved in numerous coal ash lawsuits in the region: South Carolina Electric & Gas and Santee Cooper Duke Energy Dominion Virginia Power

23 On August 7, 2015, TDEC issued a Commissioner s Order to TVA directing the investigation, assessment and remediation of all coal ash disposal sites across Tennessee. This Order follows the federal coal combustion residual (CCR) rule of December 2014, and not only ensures that the state is kept abreast of TVA s progress in complying with the federal rule, but also goes beyond what the federal rule requires. This is the first order filed by a State in the United States under the EPA December 2014 CCR Ruling.

24 TVA Coal-Fired Power Plants Allen Bull Run Colbert Cumberland Gallatin Johnsonville Kingston Paradise Shawnee Widows Creek

25 TVA's Gallatin Fossil Plant is located on 1,950 acres of land on the north bank of the Cumberland River in Sumner County, TN. It is named for the nearby town of Gallatin. The first of the four turbogenerators went into operation on November 8, TVA s Cumberland Fossil Plant is located on the shores of Barkley Reservoir in Cumberland City, TN. Units 1 and 2 were put into service in 1973.

26 The Future

27 Basic Statistics: Major energy sources and percent share of total U.S. electricity generation in 2015: coal 33%, natural gas 33%, nuclear 20%, hydropower 6%, other renewables (wind, solar, geothermal) 7% and petroleum 1%. CCR is one of the largest waste streams generated in the U.S. CCR includes fly ash, bottom ash, boiler slag, and flue gas desulfurization (FGD) materials. In 2012, over 470 coal fired facilities burned over 800 million tons of coal, generating approximately 110 million tons of CCR in 47 states and Puerto Rico.

28 CCR may be generated wet or dry. CCR is sent off-site for disposal or beneficial use or disposed onsite in landfills and surface impoundments. In 2012, 40% of CCR was beneficially used with 60% disposed, mostly onsite. There are over 310 active CCR landfills and 735 active CCR surface impoundments. The average size of a CCR landfill is slightly over 120 acres, with an average depth of 40 feet; CCR surface impoundments average slightly over 50 acres with an average depth of 20 feet.

29 U. S. Energy Information Administration The top three coal-consuming countries are China, the United States, and India, which together account for more than 70% of world coal use. China accounted for 50% of world coal consumption in 2012, and its coal use is projected to continue to grow through 2025 before beginning a decline along with slower overall growth in energy consumption and the implementation of policies addressing air pollution and climate change.

30 EPA December 2014 CCR Ruling The rule establishes technical requirements for CCR landfills and surface impoundments under subtitle D of the Resource Conservation and Recovery Act (RCRA), the nation's primary law for regulating solid waste. The ruling addresses the risks from coal ash disposal: leaking of contaminants into ground water, blowing of contaminants into the air as dust, and the catastrophic failure of coal ash surface impoundments. Additionally, the rule sets out recordkeeping and reporting requirements as well as the requirement for each facility to establish and post specific information to a publicly-accessible website.

31 My Favorite Slide is Next!

32 The Rule is self-implementing meaning facilities must comply with requirements without regulatory oversight. A state is not required to adopt or implement the regulations or to develop a permit program; however, states are strongly encouraged to adopt the federal minimum criteria into their regulations, to revise their Solid Waste Management Plan (SWMP), and to submit the plan to EPA for approval. Citizens, states, and tribes can enforce the requirements under RCRA citizen suit authority. EPA can use RCRA Section 7003 to address imminent and substantial endangerment situations; however, EPA cannot enforce the CCR regulations.

33 The Future of Coal in the United States?

34 Cross-State Air Pollution Rule Goal: Improve air quality in states downwind of states that rely heavily on coal-fired power plants. Status: Then rule survived several court challenges with minimal revisions, and is currently being implemented.

35 Mercury and Air Toxics Standards (MATS) Goal: Reduce mercury and other toxic air pollutants from coal-fired power plants. Status: The U. S. Supreme Court rejected the rule in June The DC Circuit Court rejected challenges to the Standards. EPA responded successfully to the U. S. Supreme Court on December 1, MATS remains in place.

36 Air Quality Standards for Particulate Matter Goal: Reduce fine particulate matter (PM 2.5 ) or soot. Status: Tightened national air quality standards for PM 2.5 by 20%. The Standard has a direct impact on coal-fired power plants.

37 Coal Combustion Residual (CCR) Rule Goal: Reduce pollution from coal ash, a toxic by-product of burning coal that contains mercury, arsenic and other heavy metals. Status: In effect. Coal-fired power plants must phase out coal ash impoundments and landfills that are prone to leaking. New impoundments must be lined, and located away from sensitive areas.

38 Cooling Water Intake Rule Goal: Reduce fish kills and other harm to aquatic life. Status: Imposes limits on how coal-fired power plants draw water from rivers and lakes in order to reduce the impact on aquatic life. The regulation is currently in effect despite ongoing litigation from environmental groups seeking a strengthening to the rule.

39 Clean Power Plan Goal: Reduce carbon emissions from power plants. Status: Finalized in August Nationwide CO 2 emissions from coal-fired plants will be lowered 32% by 2030 (compared to 2012 levels). Future lawsuits are expected.

40 Questions or Comments??

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