Blank Slide COAL ASH: RISK AND REGULATION IN THE U.S. EHSP Fall Forum. Lisa Evans Senior Administrative Counsel Earthjustice October 28, 2016

Transcription

1 Blank Slide COAL ASH: RISK AND REGULATION IN THE U.S. Lisa Evans Senior Administrative Counsel Earthjustice October 28, 2016

2 Scale and Scope of Coal Ash Disposal: Widespread Threats to Health & the Environment Burning coal produces130 million tons of coal ash annually, enough to fill train cars stretching from the north pole to the south pole. Coal ash is the second largest industrial waste stream in the United States. More than 1500 mostly unlined and unmonitored coal ash landfills, ponds, pits and minefills throughout the U.S.

3 HIGH AND SIGNIFICANT HAZARD COAL ASH IMPOUNDMENTS

4 COAL ASH-CONTAMINATED SITES

5 COAL ASH-CONTAMINATED SITES & HAZARD DAMS

6 First-Ever EPA Coal Ash Rule CCR rule signed December 14, Effective date October 17, 2015 Coal ash is regulated as a non-hazardous solid waste. CCR regulations are entirely self-implementing. States are not required to enforce the regulations or establish permit programs. EPA cannot enforce the regulations. Citizens can enforce the regulations by bringing citizen suits in federal district courts.

7 Strengths & Weaknesses of the CCR Rule CCR rule establishes standards for the construction, operation, maintenance, cleanup and closure of new and existing coal ash ponds and landfills. Rule requires unprecedented transparency. CCR rule does NOT require closure of all coal ash ponds. CCR rule does not apply to inactive ponds at facilities that no longer generate electricity. CCR regulations do not apply to the beneficial use of coal ash. CCR regulations do not apply to disposal of coal ash in coal mines or in municipal solid waste landfills.

8 REQUIREMENT TO MINIMIZE FUGITIVE DUST Effective Date: Oct 19, 2015

9 Weekly, Monthly and Annual Landfill and Pond Inspections Begin Oct. 19, 2015 WEEKLY INSPECTIONS, ANNUAL INSPECTIONS, & PERIODIC 5-YEAR STABILITY AND SAFETY FACTOR ASSESSMENTS Deadlines: Oct 17, 2016

10 Inspection/Structural Stability Requirements Annual/Weekly Inspections for landfills and ponds 5-Year Stability and Safety Factor Assessments for existing ponds Deadline: 10/17/16, Posting: 11/16/16. Deficiencies noted in inspections must be remedied as soon as feasible and the remedy must be documented. CCR impoundments must meet ALL four safety factors for structural stability If a safety factor is not met, o/o must cease disposal within 6 months and initiate closure.

11 DESIGN AND OPERATING STANDARDS FOR NEW AND EXPANDED LANDFILLS AND PONDS Effective October 19, 2015

12 Design standards apply to all new landfills and ponds and lateral expansions Six location restrictions (5-ft separation from GW, wetlands, floodplains, fault areas, seismic zones and unstable areas) Groundwater monitoring systems Composite liners Leachate collection systems for landfills All safeguards must be in place prior to acceptance of CCR. Location restrictions apply to existing ponds in Existing landfills subject to prohibition against siting in unstable areas.

13 Blank Slide MANDATED CLEANUP FOLLOWING SPILLS AND RELEASES AND GROUNDWATER CONTAMINATION

14 Mandatory Response to all Releases Immediately take all necessary measures to control the source(s) of releases so as to reduce or eliminate, to the maximum extent feasible, further releases of contaminants into the environment. Following a release, the corrective action requirements apply, including the requirement to post an assessment of corrective measures within 120 days and to hold a public discussion of measures within 60 days. Cleanup standard for contamination of groundwater: Remedy must meet Groundwater Protection Standards (MCLs or background). Groundwater monitoring systems must be in place for all units by 2017.

15 MANDATORY CLOSURE AND POST-CLOSURE PLANS Deadline October 17, 2016

16 Closure and Post-Closure Plans If coal ash is left in place in an impoundment, closure plans must control, minimize or eliminate, to the maximum extent feasible, post-closure infiltration of liquids into the waste and releases of CCR, leachate, or contaminated run-off to the ground or surface waters. Most closures may involve draining ponds to local water bodies and capping in place (covering with 2 feet of earthen material with maximum permeability of 1 x 10-5 cent/sec). Massive draining of wastewater and sludge poses threats to adjacent water bodies nationwide. Closure and post-closure plans most be posted by 11/16/16.

17 um EH SP Fa ll Fo r Coal Ash & Civil Rights

18 Findings of the USCCR Report on Coal Ash and Civil Rights, Sept 2016 The percent of minorities and low income individuals living near coal ash ponds is disproportionately high. Racial minorities and low income communities are disproportionately affected by the siting of waste disposal facilities and often lack political and financial clout to properly bargain with polluters when fighting a decision or seeking redress. The EPA s rule negatively impacts low-income and minority communities disproportionately because it places enforcement of the rule on the shoulders of these communities, requiring them to collect complex data, fund litigation and navigate the federal court system-- tasks these communities are often ill-equipped to handle.

19 Recommendations of the USCCR Report on Coal Ash and Civil Rights, Sept 2016 Coal ash should be classified as special waste. Federal funding should be provided for research on health impacts of coal ash exposure. EPA should test drinking water wells, and assess high-risk coal-ash dams and coal ash disposal sites. EPA should provide technical assistance to minority, tribal, and low-income communities to help enforce the coal ash rule.

20 Environmental Justice and Coal Ash in North Carolina Eight of 14 North Carolina Coal Plants are located in EJ areas Orange represents values exceeding national averages. Red represents values higher than both state and national averages. Asterisks indicate that the plant is no longer burning coal.

21 Dangerous Gap in the CCR Rule: Coal Ash and Municipal Solid Waste Landfills

22 Coal Ash and Municipal Solid Waste Landfills EPA s CCR Rule exempts from its requirements MSWLFs that receive coal ash. EPA, however, acknowledges that current MSWLF regulations do not adequately address fugitive dust, groundwater monitoring, waste compatibility, and other problems that can pose serious health and environmental threats. Earthjustice has petitioned EPA for a rule requiring MSWLFs to comply with equivalent safety and public disclosure requirements. Millions of tons of coal ash are being dumped in MSWLFs, particularly in the southeastern U.S.

23 Many critical deadlines are a few years away.. Groundwater monitoring (2017) and locational restrictions (2018)

24 Our Role in Protecting Health and the Environment from Coal Ash Nationwide Research impacts of coal ash contaminants on public health Conduct site-specific assessments to determine risks to individual communities and environments Test drinking water wells and surface water Analyze routes of exposure Assess impacts to aquatic resources Assess structural stability of dams Strengthen state and federal coal ash regulations Bring litigation to protect communities at risk Protect the civil rights of vulnerable communities

25 Blank Slide Thank you. For more info: visit or contact

26 BENEFICIAL USE REQUIREMENTS FOR FILLS LARGER THAN 12,400 TONS Beginning Oct. 19, 2015

27 Structural fills > 12,400 tons require demonstrations: Releases to groundwater, surface water, soil and air must be comparable to or lower than those from analogous products made without CCR; or Releases must be at or below relevant regulatory and health-based benchmarks for human and ecological receptors. Demonstrations must be provided to citizens upon request.