Joey Barnett

February 20, 2009

The largest industrial spill in American history took place December 24, 2008 at the Kingston Fossil Plant, a Tennessee Valley Authority electricity-generating plant. Over one billion gallons of coal ash spilled in the Emory River, which feeds into the Clinch River, and then the Tennessee River just downstream. Federal studies have shown coal ash to contain significant quantities of heavy metals like arsenic, lead, and selenium, which can cause cancer and neurological problems. The clean-up costs are expected to exceed $100 million.

The U.S. Environmental Protection Agency (EPA) currently does not consider coal ash a hazardous waste that is regulated under Subtitle C of the Resource Conservation and Recovery Act (RCRA). The coal industry has successfully blocked attempts to create national regulations, taking the position that states can regulate the disposal of coal ash on their own. Eric Schaeffer, director of the Environmental Integrity Project, stated that the Kingston spill has created a "perfect storm" for EPA to reevaluate the use of stricter federal controls of coal ash.

In 2000 EPA came close to designating coal ash as a hazardous waste. Under Carol Browner, then Administrator of EPA under President Clinton and now President Obama's Assistant for Environment and Climate Change, EPA conducted a study which concluded that coal ash is a hazardous waste and should be regulated by the federal government. EPA staffers then prepared two documents, one recommending federal regulation of coal ash and one leaving it up to the states and industry. However, with intense pressure and opposition from utilities, the coal industry, and Clinton administration officials, EPA chose the latter. Today, state requirements for the handling of coal ash vary widely.

The amount of coal ash has increased dramatically within the past decade as air pollution controls have improved. Contaminants and waste products that once were emitted through smokestacks are now captured in the form of solid waste. While new facilities for coal combustion wastes use liners and ground water monitoring, older management units store coal ash in wet ponds located on or near waterways. Water is then taken in and released to control a possible dust hazard. However, scientists and environmental groups argue that safe disposal of coal ash occurs in landfills with liners, caps, and collection systems for contaminated water, away from waterways.

Shaila Dewan, Coal Ash Spill Revives Issue of Its Hazards, N.Y. Times, Dec. 25, 2008, http://www.nytimes.com/2008/12/25/us/25sludge.html

Shaila Dewan, Hundreds of Coal Ash Dumps Lack Regulation, N.Y. Times, Jan. 6, 2009, http://www.nytimes.com/2009/01/07/us/07sludge.html?pagewanted=2&ref=us

David Hutchins, Kingston and Coal Lobby's Grip on the EPA, American News Project, Jan. 22, 2009, http://americannewsproject.com/videos/kingston-and-coal-lobbys-grip-epa

Notice of Data Availability on the Disposal of Coal Combustion Wastes in Landfills and Surface Impoundments, 72 Fed. Reg. 49714 (Aug. 29, 2007).