New Federal Rules for Coal Ash Storage on the Horizon

Angela Neville, JD

Pages: 1 2 3 4

By the end of this year, U.S. power plants with coal ash surface impoundments could face new federal regulations related to the management of coal ash at their facilities. Currently, there are no federal requirements governing coal ash management because in 2000 the U.S. Environmental Protection Agency (EPA) determined it to be a nonhazardous waste under the federal Resource Conservation and Recovery Act.

Currently, the regulation of utilities’ management of coal ash ponds is left up to the states. Such regulations vary by state. Most states don’t require utilities with coal ash impoundments to have liners or monitors to check on whether any hazardous constituents from the coal ash are leaching into aquifers. Likewise, most states have no standards in place that mandate regular testing of the integrity of the dikes used to contain coal ash slurry in surface impoundments.

However, the December 2008 massive release of coal ash from Tennessee Valley Authority’s (TVA) facility in Kingston, Tenn., promises to move the federal government into a more active role in the management of coal ash. The TVA spill created national headlines and drew the attention of the public and elected officials to utilities’ current management practices related to coal ash. The breach in the TVA coal ash surface impoundment flooded more than 300 acres of land, damaging homes and property. Coal ash from the release flowed into the Emory and Clinch Rivers, filling large areas of the rivers and killing fish. TVA cost estimates for the clean-up range between $525 million and $825 million, which does not include long-term cleanup costs (Figures 1 to 4).

1. Moving ash. Aerial view of a barge with hydraulic dredging equipment removing ash from the navigation channel of the Emory River. Dredging operations began March 20. Courtesy: TVA

2. Collecting ash. Dike No. 2 construction was nearly complete when this photo was taken in late March. Courtesy: TVA

3. Storing ash. TVA constructed ash removal dikes and temporary ash storage facilities in February to contain the ash collected during clean-up operations. Courtesy: TVA

4. Hauling ash. Ash removal continues at theTVA Kingston Plant. Courtesy: TVA