Groups sue to force coal ash rules

Groups sue to force coal ash rules

By Taylor Kuykendall, Reporter

Apr 05, 2012 3:05 PM CUT

A number of environmental and public health groups have filed a lawsuit in U.S. District Court to force the Environmental Protection Agency to complete rules on coal as disposal.

The lawsuit claims the "toxic chemicals can cause cancer and other adverse health impacts including reproductive, neurological, respiratory, and developmental problems."

"The numbers of coal ash ponds and landfills that are contaminating water supplies continues to grow, yet nearby communities still do not have effective federal protection," said Earthjustice attorney Lisa Evans. "It is well past time the EPA acts on promises made years ago to protect the nation from coal ash contamination and life-threatening coal ash ponds."

The lawsuit would force the EPA to set deadlines for addressing coal ash and change the test that determines whether a waste is considered hazardous.

"A solution to this pressing national problem must begin with effective regulations that require safe disposal of coal ash," the suit states. "Although the EPA has acknowledged repeatedly over the past three decades that revisions to existing federal regulations are needed, the Agency has failed to undertake these revisions."

The EPA has not recently revised any safeguards related to coal ash, which can contain toxic chemicals such as arsenic and lead. Concern about coal ash intensified after the 2008 spill from a storage pond in Tennessee that dumped millions of square yards of coal waste, destroying homes below.

"It has been over two years since EPA started the coal ash rulemaking process and over three years since the Kingston disaster and still we have no comprehensive safeguards," said Josh Galperin, policy analyst and research attorney with the Southern Alliance for Clean Energy. "If you ignore the growing problem of coal ash contamination and the people at risk for future disasters, you could chalk this up to bureaucratic delay. Looking at the big picture, however, and despite federal laws requiring frequent review, it has been 30 years since EPA last addressed ash contamination. The people who drink, fish, swim, boat, play or live around water cannot wait any longer."

Opponents of the storage of coal ash – a byproduct of burning coal for power – point to potential health problems that could come from being near the ash. Industry has been seeking a way to reuse the waste, including using it cement, an attempt to render any toxic chemicals harmless and recycle the product.

"Coal ash is severely and dangerously toxic. The heavy metals it contains are contaminating ground water supplies and drinking wells, as well as air and farmland," said Barbara Gottlieb, director for Environment & Health, Physicians for Social Responsibility. "It's time that we bring this serious health hazard under control. As physicians and health professionals, we strongly endorse nationwide health-protective rules for coal ash disposal."

A recent test done by the EPA found contamination at plants in 16 states, including in West Virginia at the Albright Power Station, Kanawha River Plant, Mount Storm Power Station, Mountaineer Plant and the Philip Sporn Plant.

"Right now our organization is involved in several lawsuits against old, leaking coal ash landfills in Maryland," said Diana Dascalu-Joffe, staff attorney with Chesapeake Climate Action Network. "Dangerous coal ash is leaching into waterways that hurt the Chesapeake Bay and could be threatening the health of Maryland citizens. The EPA has a responsibility to issue a strong rule to address coal ash so groups like ours don't have to fight to clean them up, facility by facility, at the state level."

West Virginia officials have sought ways to skirt federal regulations of coal fly ash. In October, Sen. Joe Manchin, D-W.Va., introduced legislation that would allow states to set up their own programs to deal with coal ash. A benchmark for what constitutes a successful program would be included in the bill.

The EPA has already proposed to treat coal ash as toxic waste, a move some lawmakers believe would increase operating costs and the cost of electricity for consumers. Rep. David McKinley, R-W.Va. had already introduced similar legislation in the U.S. House that passed.

According to a joint release of the agencies, the suit is being filed by Earthjustice is suing the agency under the Resource Conservation and Recovery Act (RCRA) on behalf of Appalachian Voices (NC), Environmental Integrity Project, Chesapeake Climate Action Network (MD), French Broad Riverkeeper (NC), Kentuckians For The Commonwealth (KY), Moapa Band of Paiutes (NV), Montana Environmental Information Center (MT), Physicians for Social Responsibility, Prairie Rivers Network (IL), Sierra Club and Southern Alliance for Clean Energy (TN).