{"id":105196,"date":"2009-12-22T11:01:19","date_gmt":"2009-12-22T16:01:19","guid":{"rendered":"http:\/\/www.grist.org\/article\/broken-promises-follow-tennessee-coal-ash-disaster\/"},"modified":"2009-12-22T11:01:19","modified_gmt":"2009-12-22T16:01:19","slug":"broken-promises-follow-tennessee-coal-ash-disaster","status":"publish","type":"post","link":"https:\/\/mereja.media\/index\/105196","title":{"rendered":"Broken promises follow Tennessee coal ash disaster"},"content":{"rendered":"<p>\t\t\t\tby Sue Sturgis <\/p>\n<p>Aerial view of the coal ash spill at the Tennessee Valley Authority&#8217;s Kingston power plant.Photo: <a href=\"http:\/\/www.flickr.com\/photos\/skytruth\/3402126009\/\">SkyTruth<\/a> via FlickrIt was one year ago today that a 60-foot-tall dam broke at a holding pond<br \/>at the Tennessee Valley Authority&#8217;s Kingston power plant in Roane<br \/>County, Tenn., dumping more than a billion gallons of toxic coal ash<br \/>onto a nearby community and into the Clinch and Emory rivers.<\/p>\n<p><\/p>\n<p>The largest industrial waste spill in U.S. history, the ash slide<br \/>covered more than half a square mile, damaging 42 residential<br \/>properties, knocking one home completely off its foundation and<br \/>rendering three others uninhabitable. It dumped some 2.66 million<br \/>pounds of 10 toxic pollutants including arsenic, lead, and mercury into<br \/>the nearby rivers&#8212;more than all the surface-water discharges from<br \/>all U.S. power plants in 2007, <a href=\"http:\/\/www.southernstudies.org\/2009\/12\/new-data-paints-a-more-toxic-picture-of-tva-coal-ash-spill.html\">according to a recent analysis<\/a>. The pollutants in coal ash have been linked to health problems including cancer, liver damage and nervous-system disorders.<\/p>\n<p>The<br \/>disaster pushed the obscure issue of coal ash waste disposal into the<br \/>national spotlight and spurred the Tennessee Valley Authority and<br \/>federal regulators to promise swift action to prevent anything like it<br \/>from occurring again.<\/p>\n<p>But on the first anniversary of the TVA coal ash disaster, those promises have been broken.<\/p>\n<p>Shortly<br \/>after the incident, at a public meeting held in the Roane County<br \/>community of Harriman, Tenn., TVA President and CEO Tom Kilgore told<br \/>affected residents that the utility would make them whole again and<br \/>clean up the waste in <a href=\"http:\/\/roaneviews.com\/node\/3976\">six to eight weeks<\/a>.<br \/>But today, the Emory River remains closed to public traffic near the<br \/>spill, ponds in the area are still clogged with several feet of coal<br \/>ash, and dust from the ash is a chronic problem for local residents,<br \/>some of whom <a href=\"http:\/\/news.moneycentral.msn.com\/provider\/providerarticle.aspx?feed=AP&amp;date=20091111&amp;id=10691945\">complain of related health problems<\/a> including coughing, nosebleeds, and headaches.<\/p>\n<p>While<br \/>TVA has bought out some property owners, other affected residents say<br \/>moving isn&#8217;t possible because the utility isn&#8217;t offering them fair<br \/>compensation for their property, or because it doesn&#8217;t consider them to<br \/>be close enough to qualify for a buyout.<\/p>\n<p>&#8220;Residents here have<br \/>letters from pulmonologists, cardiologists, and family doctors stating<br \/>that they need to move or be relocated until the cleanup is complete,&#8221;<br \/>says Randy Ellis, a Swan Pond resident and a member of the <a href=\"http:\/\/www.roanegov.org\/id18.html\">Roane County Long Term Recovery Committee<\/a>. &#8220;Their concerns and health are being totally ignored by the TVA.&#8221;<\/p>\n<p>But coal ash is not a hazard only for the people living near TVA&#8217;s Kingston plant: The U.S. Environmental Protection Agency has <a href=\"http:\/\/www.southernstudies.org\/2009\/08\/epa-reveals-almost-twice-as-many-dangerous-coal-ash-dumps-as-previously-known.html\">documented 584 coal ash waste disposal sites<\/a> across the United States and classifies 49 of those as high-hazard,<br \/>meaning that a breach in their impoundments could kill people.<\/p>\n<p>At<br \/>the same time, an unknown number of those sites are leaking<br \/>contaminants into the environment&#8212;a disaster less dramatic than what<br \/>happened at Kingston but still dangerous to human health. Most coal ash<br \/>surface impoundments in the U.S. are still unlined and thus pose the<br \/>very real risk of water contamination. In fact, coal ash disposal sites<br \/>have already <a href=\"http:\/\/www.earthjustice.org\/news\/press\/007\/coal-ash-pollution-contaminates-groundwater-increases-cancer-risks.html\">poisoned surface or groundwater supplies<\/a> in at least 23 states, while all 13 of those operated by the two major utilities in North Carolina <a href=\"http:\/\/www.southernstudies.org\/2009\/10\/all-north-carolina-coal-ash-ponds-are-leaking-toxic-pollution-to-groundwater.html\">are leaking contaminants<\/a> to groundwater.<\/p>\n<p>EPA<br \/>Administrator Lisa Jackson promised that the EPA would release a<br \/>proposed regulation of coal ash by the end of this year. But last week,<br \/>EPA <a href=\"http:\/\/yosemite.epa.gov\/opa\/admpress.nsf\/d0cf6618525a9efb85257359003fb69d\/85d3578e15c80db98525768f006a097b%21OpenDocument\">announced<\/a> that it was delaying the rule&#8217;s release &#8220;due to the complexity of the analysis.&#8221; Meanwhile, TVA has <a href=\"http:\/\/blogs.metropulse.com\/the_daily_pulse\/2009\/12\/tva-ceo-tom-kilgore-holds-pres.html\">said<\/a> it intends to convert all its existing wet coal ash storage ponds to<br \/>somewhat less hazardous dry storage&#8212;but it&#8217;s waiting for the EPA&#8217;s<br \/>proposal before making any firm plans.<\/p>\n<p>So on the first<br \/>anniversary of the Kingston disaster, coal ash remains unregulated by<br \/>the federal government&#8212;and thus Americans remain at serious risk<br \/>from its hazards.<\/p>\n<p><strong>Held hostage by TVA<\/strong><\/p>\n<p>It was in<br \/>the early morning hours of Dec. 22, 2008 when the dam constructed of<br \/>coal ash gave way at TVA&#8217;s Kingston plant. Shortly before 1 a.m., <a href=\"http:\/\/www.knoxnews.com\/news\/2009\/jan\/05\/the-dike-has-failed\/\">calls began pouring into the local 911 operator<\/a> about a &#8220;mud slide.&#8221; One caller panicked because she couldn&#8217;t reach her<br \/>father&#8212;who as it turned out was trapped inside his house by the ash.<\/p>\n<p>More<br \/>than 22 residences were evacuated, but no one was hurt or killed by the<br \/>dam&#8217;s collapse. Had the the incident occurred on a sunny summer day<br \/>when people were outside in their yards or on the river, things could<br \/>have turned out much differently.<\/p>\n<p>The morning after the dam&#8217;s<br \/>breach, the sun rose to reveal a shocking sight: a once-scenic<br \/>riverside community covered in gray coal ash six feet deep in some<br \/>spots. TVA&#8217;s Kilgore himself <a href=\"http:\/\/www.southernstudies.org\/2008\/12\/coal-ash-slide-inundates-tennessee-community.html\">likened<\/a> the appearance of the ruined land to a &#8220;moonscape.&#8221;<\/p>\n<p>As<br \/>it turned out, TVA had already known there were serious problems with<br \/>the integrity of its Kingston ash impoundment. Local residents reported<br \/>earlier leaks in the dam going back as far as 2001, and the utility<br \/>itself later acknowledged there were leaks in 2003 and 2006. But the<br \/>company obviously failed to take adequate action to guard against<br \/>collapse.<\/p>\n<p>And in the disaster&#8217;s wake, TVA continued to behave in ways that deepened distrust in the local community and wider public.<\/p>\n<p>For example, the company released inaccurate information about the incident, as confirmed by an <a href=\"http:\/\/www.southernstudies.org\/2009\/06\/audit-finds-tennessee-valley-authority-misled-on-ash-spill-disaster.html\">audit<\/a> released in June by the agency&#8217;s Inspector General. TVA&#8217;s documented<br \/>inaccuracies included dramatically underestimating the amount of ash<br \/>spilled, claiming incorrectly that no dead fish were found downstream<br \/>of the disaster, and describing coal ash as consisting primarily of<br \/>&#8220;inert material not harmful to the environment,&#8221; the audit found.<br \/>Scientists have <a href=\"http:\/\/www.southernstudies.org\/2009\/08\/study-details-health-risks-from-tvas-spilled-coal-ash.html\">documented serious potential health effects<\/a> from coal ash.<\/p>\n<p>The<br \/>utility also misled the public about the radiation threat from the ash,<br \/>likening the material to table salt when in fact researchers <a href=\"http:\/\/www.southernstudies.org\/2009\/02\/fallout-fallacies-how-tva-misled-on-coal-ash-radiation-threat.html\">found significant levels of cancer-causing radioactive elements<\/a>.<\/p>\n<p>In<br \/>addition, the Inspector General found that TVA had failed to<br \/>communicate policies and decisions to victims of the spill in a timely<br \/>manner. In a recent <a href=\"http:\/\/www.tva.com\/kingston\/pdf\/dec_report_to_community.pdf\">report to the community<\/a> [pdf], TVA said it&#8217;s &#8220;learned a lot&#8221; over the past year including the<br \/>&#8220;importance of listening&#8221;&#8212;but some spill victims remain unhappy with<br \/>the way the utility is dealing with them.<\/p>\n<p>During a <a href=\"http:\/\/www.knoxnews.com\/news\/2009\/dec\/19\/swan-pond-rates-tvas-handling-of-spill\/\">press conference<\/a> held last weekend in Harriman, Tenn., residents of the Swan Pond Road<br \/>community spoke out about their ongoing problems with TVA. Some<br \/>neighbors have asked the utility to buy their homes but say it&#8217;s<br \/>offered them less than what their properties were worth before the<br \/>spill. Others say TVA has refused to negotiate with them and in some<br \/>cases cut off communications entirely.<\/p>\n<p>They&#8217;re also upset over<br \/>an incident back in September in which the utility&#8212;with permission<br \/>from Tennessee&#8217;s Department of Environmental Conservation&#8212;conducted<br \/>an unannounced test burn of a high-sulfur coal at the Kingston plant,<br \/>which resulted in <a href=\"http:\/\/tennesseehawk.typepad.com\/earthbytes\/2009\/09\/help-roane-county-residents-challenge-test-burns.html\">mysterious white fallout<\/a> snowing down on their community. The pollution reportedly damaged<br \/>automobile finishes and gardens, yet Kingston plant officials told<br \/>local residents they didn&#8217;t know whether it was hazardous.<\/p>\n<p>Environmental<br \/>advocates have been critical of TVA&#8217;s behavior since the disaster as<br \/>well. Activists with United Mountain Defense experienced <a href=\"http:\/\/www.southernstudies.org\/2009\/03\/united-mountain-defense-activists-face-tva-police-harassment.html\">harassment by TVA&#8217;s police force<\/a> while working with local residents. And Upper Watauga Riverkeeper Donna Lisenby of Appalachian Voices <a href=\"http:\/\/www.southernstudies.org\/2009\/12\/new-data-paints-a-more-toxic-picture-of-tva-coal-ash-spill.html\">reports<\/a> that in her river trips near the disaster site she found TVA&#8217;s<br \/>automated water sampler almost a mile downstream from where the ash<br \/>cleanup operations are underway&#8212;a distance she believes is probably<br \/>too far to measure any re-contamination that might be occurring as a<br \/>result of the dredging. UMD and Appalachian Voices are among the 15<br \/>groups that recently <a href=\"http:\/\/www.southernstudies.org\/2009\/12\/end-tvas-special-treatment-under-law-enviros-urge-obama.html\">wrote to President Obama<\/a> asking that TVA be held accountable for its violations.<\/p>\n<p>&#8220;They want our trust,&#8221; <a href=\"http:\/\/www.knoxnews.com\/news\/2009\/dec\/19\/swan-pond-rates-tvas-handling-of-spill\/\">said<\/a> Kingston neighbor Rick Cantrell. &#8220;They&#8217;re not going to get any. They&#8217;ve<br \/>shut the residents out. They won&#8217;t talk to us, and we just can&#8217;t trust<br \/>them.&#8221;<\/p>\n<p><strong>A promise the President must keep<\/strong><\/p>\n<p>At her<br \/>Jan. 14, 2009 confirmation hearing to head the EPA under President<br \/>Obama, Lisa Jackson promised to immediately assess coal ash disposal<br \/>sites and to consider ways to regulate the ash&#8212;something the agency<br \/>recommended in 2000 but declined to do under the Bush administration.<\/p>\n<p>&#8220;The<br \/>EPA currently has, and has in the past, assessed its regulatory<br \/>options, and I think it is time to re-ask those questions,&#8221; Jackson <a href=\"http:\/\/www.msnbc.msn.com\/id\/28653445\/\">said<\/a> at the hearing.<\/p>\n<p>U.S.<br \/>power plants produce over 130 million tons of coal ash waste each year&#8212;the nation&#8217;s second-largest waste stream after ordinary household<br \/>trash. Currently subject to an uneven patchwork of state regulations,<br \/>the ash is not treated as hazardous under federal law despite the clear<br \/>risks it presents to human health and the environment.<\/p>\n<p>After<br \/>being confirmed as EPA chief, Jackson did take action on coal ash. The<br \/>agency sent out information requests to more than 160 electric<br \/>generation facilities and more than 60 corporate offices in an effort<br \/>to gather data on coal waste surface impoundments like the one that<br \/>failed at Kingston. It created a database with information on the ash<br \/>dumps, and it identified the 49 high-hazard facilities using utilities&#8217;<br \/>self-reported data.<\/p>\n<p>The agency also completed a <a href=\"http:\/\/www.southernstudies.org\/2009\/09\/epa-revamping-rules-for-toxic-releases-from-coal-plants.html\">study<\/a> on toxins in wastewater discharges from coal ash impoundments,<br \/>concluding that current guidelines should be revised because of the<br \/>significant toxic releases from these facilities and the likelihood<br \/>that these will increase in the future as better air pollution controls<br \/>are developed and installed.<\/p>\n<p>But the EPA has proven reluctant at times to share its findings with the public.<\/p>\n<p>For example, the agency initially <a href=\"http:\/\/www.southernstudies.org\/2009\/06\/power-politics-epa-refuses-to-reveal-dangerous-coal-ash-waste-sites.html\">refused to reveal the location of high-hazard coal ash dumps<\/a>,<br \/>citing security concerns. It eventually relented under pressure from<br \/>Sen. Barbara Boxer (D-Calif.) and environmental advocates.<\/p>\n<p>Today<br \/>EPA continues to withhold certain data about more than 70 coal ash dump<br \/>sites at the request of power companies, honoring their claim that it<br \/>represents &#8220;confidential business information.&#8221; Among the pieces of<br \/>data being withheld by companies including Duke Energy and the Southern<br \/>Company are the size of the ash ponds, the date they were last<br \/>inspected, and whether any problems were found. The environmental<br \/>advocacy groups Earthjustice, the Environmental Integrity Project and<br \/>Sierra Club <a href=\"http:\/\/www.southernstudies.org\/2009\/12\/secret-coal-ash-ponds-spark-legal-action.html\">filed a complaint in federal court<\/a> earlier this month in an effort to get the information.<\/p>\n<p>Also<br \/>sparking criticism among some environmental advocates was EPA&#8217;s<br \/>decision to allow the coal ash being dredged from the spill site to be<br \/>sent to <a href=\"http:\/\/www.southernstudies.org\/2009\/07\/decision-to-dump-tvas-spilled-coal-waste-in-alabama-community-sparks-resistance.html\">a landfill located in a high-poverty and largely African-American community in rural Alabama<\/a>. That decision was among the topics of discussion in <a href=\"http:\/\/www.southernstudies.org\/2009\/10\/polluted-southern-communities-ask-epa-to-address-environmental-injustice.html\">a recent meeting between EPA officials and environmental justice leaders<\/a> concerned about the agency&#8217;s treatment of low-income communities and communities of color in the South.<\/p>\n<p>Jackson promised that the EPA would release proposed regulations for coal ash by the end of this year, and reportedly is <a href=\"http:\/\/www.southernstudies.org\/2009\/11\/congressional-watchdog-issues-update-on-coal-ash-regulation-efforts.html\">considering several different approaches<\/a>.<br \/>But environmentalists expressed disappointment after the agency<br \/>announced last week that the regulation&#8217;s release would be delayed &#8220;for<br \/>a short period.&#8221; They also raised concerns that lobbyists for<br \/>coal-fired utilities have mounted a disinformation campaign designed to<br \/>minimize the hazards of coal ash and make regulation seem less urgent<br \/>than it is.<\/p>\n<p>In the meantime, toxic coal ash continues piling up<br \/>at power plants across the country. The waste also continues to be used<br \/>to make various <a href=\"http:\/\/acaa.affiniscape.com\/associations\/8003\/files\/2008_ACAA_CCP_Survey_Report_FINAL_100509.pdf\">products including grout and wallboard<\/a> [pdf], spread on roads for ice control, used as <a href=\"http:\/\/www.southernstudies.org\/2009\/01\/americas-hidden-coal-ash-threat.html\">fill for abandoned coal mines<\/a> or <a href=\"http:\/\/www.thesunnews.com\/news\/local\/story\/1191420.html\">to prepare roadbeds<\/a>. It&#8217;s even promoted as a <a href=\"http:\/\/www.southernstudies.org\/2009\/02\/coal-ash-use-on-food-crops-raises-health-concerns.html\">soil amendment for food crops<\/a>&#8212;all without the benefit of strict federal oversight.<\/p>\n<p>The<br \/>EPA said it expects to issue a proposed rule in the &#8220;near future.&#8221;<br \/>Environmental advocates say they hope that means early next month.<\/p>\n<p>&#8220;The<br \/>Obama administration has pledged to let law and science guide its<br \/>environmental decisions, not the arm twisting of industry lobbyists,&#8221;<br \/>according to a <a href=\"http:\/\/www.environmentalintegrity.org\/news_reports\/news_12_17_09.php\">statement<\/a> from Earthjustice, the Environmental Integrity Project, Natural<br \/>Resources Defense Council and Sierra Club. &#8220;That is a promise President<br \/>Obama must keep.&#8221;<\/p>\n<p><\/p>\n<p>This post originally appeared at <a href=\"http:\/\/www.southernstudies.org\/2009\/12\/broken-promises-follow-tennessee-coal-ash-disaster.html\">Facing South<\/a>.<\/p>\n<p><strong>Related Links:<\/strong><\/p>\n<p><a href=\"http:\/\/www.grist.org\/article\/2009-12-29-new-epa-map-shows-the-year-in-eco-enforcement\/\">New EPA map shows the year in eco-enforcement<\/a><\/p>\n<p><a href=\"http:\/\/www.grist.org\/article\/copenhagen-coal-in-the-stocking\/\">Copenhagen coal in the stocking?<\/a><\/p>\n<p><a href=\"http:\/\/www.grist.org\/article\/2009-12-21-the-top-green-stories-of-the-00s\/\">The top green stories of the &#8216;00s<\/a><\/p>\n<p>\t\t\t<br clear=\"both\" style=\"clear: both;\"\/><br \/>\n<br clear=\"both\" style=\"clear: both;\"\/><br \/>\n<a href=\"http:\/\/ads.pheedo.com\/click.phdo?s=3ea16b88e0d2c9f1940ad4c5f1159610&#038;p=1\"><img decoding=\"async\" alt=\"\" style=\"border: 0;\" border=\"0\" src=\"http:\/\/ads.pheedo.com\/img.phdo?s=3ea16b88e0d2c9f1940ad4c5f1159610&#038;p=1\"\/><\/a><br \/>\n<img loading=\"lazy\" decoding=\"async\" alt=\"\" height=\"0\" width=\"0\" border=\"0\" style=\"display:none\" src=\"http:\/\/a.rfihub.com\/eus.gif?eui=2223\"\/><\/p>\n","protected":false},"excerpt":{"rendered":"<p>by Sue Sturgis Aerial view of the coal ash spill at the Tennessee Valley Authority&#8217;s Kingston power plant.Photo: SkyTruth via FlickrIt was one year ago today that a 60-foot-tall dam broke at a holding pondat the Tennessee Valley Authority&#8217;s Kingston power plant in RoaneCounty, Tenn., dumping more than a billion gallons of toxic coal ashonto [&hellip;]<\/p>\n","protected":false},"author":765,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7],"tags":[],"class_list":["post-105196","post","type-post","status-publish","format-standard","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts\/105196","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/users\/765"}],"replies":[{"embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/comments?post=105196"}],"version-history":[{"count":0,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts\/105196\/revisions"}],"wp:attachment":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/media?parent=105196"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/categories?post=105196"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/tags?post=105196"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}