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TVA Kingston Fossil Plant coal ash spill

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TVA ash spill in Harriman, TN on December 25, 2008. Photo courtesy of United Mountain Defense.

On December 22, 2008, a retention pond wall collapsed at Tennessee Valley Authority's (TVA) Kingston plant in Harriman, Tennessee, releasing a combination of water and fly ash that flooded 12 homes, spilled into nearby Watts Bar Lake, contaminated the Emory River, and caused a train wreck. Officials said 4 to 6 feet of material escaped from the pond to cover an estimated 400 acres of adjacent land. A train bringing coal to the plant became stuck when it was unable to stop before reaching the flooded tracks.[1] Hundreds of fish were floating dead downstream from the plant.[2] Water tests showed elevated levels of lead and thallium.[3]

Originally TVA estimated that 1.7 million cubic yards of waste had burst through the storage facility. Company officials said the pond had contained a total of about 2.6 million cubic yards of sludge. However, the company revised its estimates on December 26, when it released an aerial survey showing that 5.4 million cubic yards (1.09 billion gallons) of fly ash was released from the storage facility.[2] Several days later, the estimate was increased to over 1 billion gallons spilled.[4] The size of the spill was larger than the amount TVA claimed to have been in the pond before the accident, a discrepancy that TVA was unable to explain.[5]

The TVA spill was 100 times larger than the Exxon Valdez spill in Alaska, which released 10.9 million gallons of crude oil.[6] Cleanup was expected to take weeks and cost tens of millions of dollars.[7]

According to the TVA, rain totaling six inches in ten days[8] and 12°F temperatures were factors that contributed to the failure of the earthen embankment.[9]

The 40-acre pond was used to contain ash created by the coal-burning plant.[1] The water and ash that were released in the accident were filled with toxic substances. Each year coal preparation creates waste containing an estimated 13 tons of mercury, 3236 tons of arsenic, 189 tons of beryllium, 251 tons of cadmium, and 2754 tons of nickel, and 1098 tons of selenium.[10]

Contents

Water testing

Early tests by TVA and the EPA of water six miles upstream of the ash flow showed that the public water supply met drinking water standards, despite elevated levels of lead and thallium found in river water near the spill.[11] John Moulton, a spokesman for the TVA, said that although the levels of these metals exceeded requirements for public drinking water, both metals were filtered out during water treatment processes.[11]

The first independent test results were released on January 1, 2008 and were conducted at Appalachian State University's Environmental Toxicology and Chemistry laboratories. The tests found significantly elevated levels of toxic metals, including arsenic, copper, barium, cadmium, chromium, lead, mercury, nickel, and thallium, in samples of slurry and river water.[12][11]

TVA Reaction

TVA spokesman Gil Francis Jr. said that the TVA was "taking steps to stabilize runoff from this incident." In response to a video that showed dead fish on the Clinch River, which had received runoff from the spill, he stated "in terms of toxicity, until an analysis comes in, you can't call it toxic." He continued by saying that "it does have some heavy metals within it, but it's not toxic or anything."[13] Chandra Taylor, an attorney with the Southern Environmental Law Center, called this statement irresponsible, and stated that coal fly ash contained concentrated amounts of mercury, arsenic, and benzene. She added, "These things are naturally occurring, but they concentrate in the burning process and the residual is more toxic than it starts."[14]

The Tennessee Emergency Management Agency promised to put up barriers to stop the ash from reaching the Tennessee River, but by early on December 24, a flyover by The New York Times showed no evidence of any barriers having been erected.[13] Repair work was underway on the nearby railroad, which had been halted by the spill when 78,000 cubic yards of sludge covered tracks.[15][13] By the afternoon of that day, dump trucks were being used to deposit rock into the Clinch River to prevent the further downstream contamination.[16] By December 30, 2008, the TVA had announced it was requesting the assistance of the Army Corps of Engineers to dredge the ash-filled Emory River to restore navigation.[17] On January 1, 2009 the TVA announced that rather than attempting to clear away all the slurry, they would instead spray seed, straw, and mulch on top of much of it "to combat dust and erosion."[18][19]

On December 27, 2008 the TVA issued a list of precautions to residents, but did not provide information about specific levels of toxic materials in the ash. Environmental groups expressed concern at the lack of specific information, given that the TVA had tested the material prior to the spill and thus should know what toxins it contained.[20] On December 28, the TVA released an inventory of the plant's byproducts, which included arsenic, lead, barium, chromium, and manganese.[21]

In response to independent attempts at sampling of the water quality and the taking of photos, the TVA illegally detained for approximately one hour two members of the Tennessee-based environmental organization United Mountain Defense, who were examining public land in the area of the spill and cited three other individuals, warning them that any attempt to enter the public waterway again would lead to prosecution.[22][23]

TVA president Tom D. Kilgore said that in light of the spill, the Authority would consider switching the Kingston plant over to "dry" byproduct methods, which would reduce the chances of another spill. Five TVA-operated plants use this method, while Kingston and another five use a "wet" process.[24] The power plant continues to operate, with waste being sent to one of the two remaining intact containment ponds.[25]

Kilgore is scheduled to testify before a U.S. Senate committee about the spill on January 7, 2009. According to findings by the Institute for Southern Studies, members of the Senate Environment and Public Works Committee accepted a total of $1,079,503 from the electric utilities industry in the 2008 elections.[26]

TVA likely to raise rates to cover unexpected expenses

In April 2009, TVA Chairman Bill Sansom said the company is facing "upward pressure" on its rates, stemming from several challenges, including the Kingston coal ash spill. TVA has already spent $68 million on cleanup, and it estimates the final cost could surpass $800 million, not including fines and lawsuits. The Associated Press reported on April 11 that TVA had already spent over $20 million purchasing 71 properties tainted by the coal-ash spill and is negotiating to buy more.[27][28]

Although falling fuel prices have enabled TVA to cut much of a 20 percent rate increase that took effect in October 2008, the company is considering another increase in October 2009 to mitigate these expenses. TVA will set its fiscal 2010 budget and rate changes in August.[28]

Previous problems

Although the TVA cited substantial rainfall and cold temperatures as factors in the accident,[8][9] an inspection report in October 2008 had identified a "minor leak" in the faulty wall, but the report was not finalized.[13]

Local residents said that the spill was not a unique occurrence. The 1960s-era pond had been observed leaking and being repaired nearly every year since 2001.[25] A TVA news release confirmed that there had been two prior cases of seepage.[29]

TVA CEO Tom D. Kilgore told the Senate Environment and Public Works Committee that dikes holding millions of cubic yards of toxic coal ash mixed with water had allowed noticeable "seepage" in 2003 and 2005. Kilgore said that TVA had chosen to implement inexpensive patches instead of more extensive repairs of the holding ponds, admitting, "Obviously, that doesn’t look good for us."[30]

Legal actions

On December 23, 2008 the environmental group Greenpeace asked for a criminal investigation into the incident, focusing on whether the TVA could have prevented the spill.[31][32]

On December 30, 2008 a group of landowners filed suit against the TVA for $165 million in Tennessee state court.[33] Also on December 30, the Southern Alliance for Clean Energy announced its intention to sue the TVA under the federal Clean Water Act and the Resource Conservation and Recovery Act.[33]

On January 6, 2009, another lawsuit was announced by environmental groups. The pending lawsuit, brought by the Sierra Club, Earthjustice, the Appalachian Center for the Economy and the Environment, and Public Justice, accuses TVA of failing to safeguard the public and the environment against the massive coal ash spill.[34]

Earthjustice, Environmental Integrity Project and the Sierra Club on November 12, 2009 appealed a permit issued to TVA that would allow the company to dump unlimited amounts of additional pollutants into Tennessee's Clinch River. The groups filed their appeal before the Tennessee Water Quality Control Board. The action was in response to TVA's Kingston spill last year.[35]

In December 2009, hundreds of people filed lawsuits against TVA before the one-year deadline, adding to several hundred others who had already filed suit over the Kingston spill. More than 20 separate cases were filed on Tuesday, December 22. TVA has said it should be immune from the lawsuits, because it was providing a government service.[36]

TVA shipping coal ash from Tennessee disaster to Georgia and Alabama

In a test case, some of the coal ash waste that spilled in TVA's Kingston plant disaster is being sent to Georgia and Alabama. TVA is loading it onto rail cars, where the company says it will be safely contained.[37]

In Georgia, the coal waste is being shipped to the Veolia landfill in Taylor Count, about 100 miles south of Atlanta. Local residents have dubbed the dump site "Trash Mountain." Sierra Club representative Mark Woodall said the landfill is poorly suited to coal ash storage, because it is "located in a groundwater recharge area, and it's a danger to our groundwater resources in Georgia."[37] In Alabama, a landfill in Perry County in the west central part of the state is also receiving ash shipments.[38]

The ash will be transported from Tennessee to the out-of-state landfills through May 15, 2009. State and federal officials will evaluate whether the tests are successful, and if so whether to bring in more of the TVA coal waste.[37] Just days after news of the test shipments were announced, EPA decided to take over cleanup of the spill. The agreement between EPA and TVA, which was executed under the Superfund law, has EPA overseeing the cleanup and TVA reimbursing EPA for its oversight costs.[39]

Landfill selections raise environmental justice concerns

Both the Georgia and Alabama landfills are located in areas with higher rates of poverty and higher percentages of African-American residents than state averages, a situation that has raised concerns about environmental justice. In Taylor County, more than 24 percent of the population lives in poverty, and over 40 percent of the population is African-American; by contrast, the state as a whole has a 14 percent poverty rate and is 30 percent African-American. Perry County in Alabama has more than 32 percent of its residents living in poverty and a 69 percent African-American population, compared with the state as a whole, which has a poverty rate of over 16 percent and a 26 percent African-American population.[38] Perry County District Attorney Michael Jackson criticized the EPA for allowing TVA to dispose of ash at a landfill in a poor community in Alabama, calling the decision "tragic and shortsighted." He vowed to monitor the disposal site to ensure the process complies with environmental regulations.[40]

Reports show that TVA also considered moving the coal ash to two communities in eastern Tennessee, both of which have populations of well over 90 percent white residents and poverty rates of under 21 percent. The two Tennessee sites considered were Athens in McMinn County and Oneida in Scott County. However, the company sought approval from state regulators solely for the sites in Georgia and Alabama. The communities that are receiving the coal waste from TVA were not provided an opportunity for public comment on the decision.[38]

Report identifies causes of spill

A report released in late June 2009 identified the main factors contributing to the massive Kingston coal ash spill. TVA hired engineering firm AECOM to analyze the underlying causes of the spill. According to the report, the underlying layer of the coal ash sludge was unstable and went undiscovered for decades by previous TVA stability analyses. The "creep failure" of this layer and liquefaction of the ash triggered the spill. The report also identified other factors including the construction of terraced retaining walls on top of the wet ash, which narrowed the area for storing the ash and in turn increased the pressure exerted by the rising stacks. Engineer Bill Walton said these factors created a "perfect storm" leading to the Kingston disaster. AECOM's report discounted heavy rains and seismic activity as contributing causes.[41][42]

Inspector General accuses TVA of deliberately influencing report

On July 28, 2009, TVA's Inspector General Richard Moore released a report concluding that the agency had improperly directed AECOM's investigation into the causes of the Kingston spill in order to protect itself from lawsuits. Moore criticized the decision to allow TVA's attorneys to hire the consultant and narrow the report in a way that "predetermined the choice that would be made between accountability and litigation strategy." As a result, the report overemphasized an underlying layer of slimy ash as the trigger for the collapse, an explanation Moore said was intended to reduce the legal culpability and liability of TVA management. According to Moore, "it appears TVA management made a conscious decision to present to the public only facts that supported an absence of liability for TVA for the Kingston spill." The report also revealed internal agency memos about warnings that could have prevented the spill, and suggested that other TVA sites may be at risk of similar collapses.[25]

TVA consultants criticize ash storage operations

Also in July 2009, consultants McKenna Long and Aldridge of Atlanta released a report commissioned by TVA following the massive Kingston spill. The report cited widespread problems with how the federal utility deals with its coal ash storage, saying that the controls, systems, and corporate culture required for proper management of the coal ash sties at its power plants were not in place. According to the consultants, TVA had no standard operating or maintenance procedures prior to the spill and neglected to provide annual training for its safety inspectors.[43]

TVA vows to revamp coal ash operations

TVA vowed to revamp its systems and culture in response to the two studies identifying weaknesses in its coal ash storage operations. The Authority's board called for a plan to correct the deficiencies at all TVA coal ash impoundments, including restructuring the utility's procedures, standards, controls, and accountability.[44] At a July 28 congressional hearing on the Kingston spill, CEO Tom Kilgore testified, "We have to change, and if that means heads have to roll and people have to leave, then so be it."[25]

No bonuses for TVA executives

At a meeting on November 19, 2009, TVA's top executives were told not to expect performance bonuses because of the massive Kingston spill and a drop in electricity sales related to the economic downturn. In addition, about 3,300 other managers and specialists will not receive pay raises in fiscal year 2010. President and CEO Tom D. Kilgore said, "It was a year overshadowed by Kingston and the economic downturn." Kilgore received over $1 million in bonuses for fiscal 2008, and nine executives who report to him received $1.2 million. TVA directors will extend Kilgore's $300,000 annual retention bonus for another four years, but without bonuses Kilgore's compensation, which includes a base salary of $875,000, is still about 45 percent below the average for top utility executives.[45]

Second sludge release in Tennessee

The weekend of January 3rd, 2009, less than two weeks after the catastrophe at Kingston Fossil Plant, a deliberate TVA sludge release occurred on the Ocoee River, which flows into the Hiwasee and then into the Tennessee Rivers. The spill, which contained heavy metals and other toxic substances, caused a fish kill and prompted an investigation by the Tennessee Department of Environment and Conservation. TVA workers had been draining a reservoir and repairing a dam when they released bottom sediment into the Ocoee. As of January 9, TVA had not commented on the situation.[46]

Coal waste spill in Alabama

On January 9, 2009, TVA confirmed another coal waste spill on the heels of its Kingston Fossil Plant disaster. The spill, which TVA said originated from a gypsum treatment operation, occurred at its Widows Creek coal-fired power plant in northeast Alabama. About 10,000 gallons of toxic gypsum material were released, some of which spilled into Widows Creek and the nearby Tennessee River.[47] U.S. Sen. Barbara Boxer of California, who is a member of the Senate Environment and Public Works Committee, immediately called for a full review of all TVA's waste disposal sites.[48]

Similar ash ponds across the United States

A 2009 study by The New York Times following the TVA spill found that there are more than 1,300 similar coal ash ponds across the U.S., each of which can reach up to 1,500 acres. These dumps contain billions of gallons of fly ash and other coal waste containing toxic heavy metals, yet they are not subject to federal regulation, and there is little monitoring of their impacts on the local environment.[49]

Resources

References

  1. ↑ 1.0 1.1 Chloe White, "Dike bursts, floods 12 homes, spills into Watts Bar Lake," Knoxville News Sentinel, December 22, 2008.
  2. ↑ 2.0 2.1 "Ash spill: TVA triples amount of sludge released," Knoxville News Sentinel, December 26, 2008.
  3. ↑ "Lead and thallium taint water near TVA pond breach," Knoxville News Sentinel, December 26, 2008.
  4. ↑ "Tennessee sludge spill estimate grows to 1 billion gallons," CNN, December 26, 2008.
  5. ↑ "Tennessee Ash Flood Larger Than Initial Estimate," New York Times, December 26, 2008.
  6. ↑ "Exxon Valdez oil spill," Encyclopedia of the Earth, access 12/08
  7. ↑ Rebecca Ferrar, "The cleanup: Weeks, millions needed to fix impact from TVA pond breach," Knoxville News Sentinel, December 27, 2008.
  8. ↑ 8.0 8.1 Valley Precipitation, TVA website, accessed December 28, 2008.
  9. ↑ 9.0 9.1 Kristin M. Hall, "Group: Stronger warnings needed in Tenn. ash spill", Associated Press, December 28, 2008.
  10. ↑ Coal waste
  11. ↑ 11.0 11.1 11.2 Shaila Dewan, "Metal Levels Found High in Tributary After Spill," New York Times, January 1, 2009.
  12. ↑ "Preliminary independent tests find high levels of toxic chemicals in Harriman TN fly ash deposits," Appalachian Voices, January 1, 2009.
  13. ↑ 13.0 13.1 13.2 13.3 Shaila Dewan, "Water Supplies Tested After Tennessee Spill," New York Times, December 23, 2008.
  14. ↑ "Tennessee sludge spill runs over homes, water," CNN, December 22, 2008.
  15. ↑ "Ash spill: TVA triples amount of sludge released," Knoxville News Sentinel, December 26, 2008.
  16. ↑ "Massive coal-ash spill causes river of sludge and controversy," Seattle Times, December 25, 2008.
  17. ↑ Dave Flessner, "Tennessee: Corps to dredge river around Kingston plant," The Chattanooga Times Free Press, December 30, 2008.
  18. ↑ Jim Balloch, "TVA to spread seed and straw at Kingston spill site," Knoxville News Sentinel, January 1, 2009.
  19. ↑ "Tennessee sludge contains elevated levels of arsenic," CNN, January 2, 2009.
  20. ↑ Anne Paine, "Coal ash precautions issued around spill," The Tennesseean, December 28, 2008.
  21. ↑ Shaila Dewan, "At Plant in Coal Ash Spill, Toxic Deposits by the Ton," New York Times, December 29, 2008.
  22. ↑ "Environmentalists Detained for Photographing Tennessee Ash Spill," Softpedia, December 29, 2008.
  23. ↑ Karen Harper, "2 activists arrested for taking photos of TVA toxic coal ash spill," Birmingham Progressive Politics Examiner, December 28, 2008.
  24. ↑ Duncan Mansfield, "Cleanup begins in wake of Tennessee ash pond flood," Associated Press, December 24, 2008.
  25. ↑ 25.0 25.1 25.2 25.3 Anne Paine and Colby Sledge, "Flood of sludge breaks TVA dike", The Tennessean, December 23, 2008.
  26. ↑ Sue Sturgis, "Toxic Influence: Coal ash-tainted money funds senators holding TVA disaster hearing," Institute for Southern Studies, January 7, 2009.
  27. ↑ "Utility Rejects Many Requests as It Buys Land Tainted by Tennessee Coal-Ash Spill," Associated Press, April 11, 2009.
  28. ↑ 28.0 28.1 "TVA sees growing 'pressure' for higher rates," Associated Press, April 4, 2009.
  29. ↑ Stoney Sharp, "TVA: Structure had smaller failures before", WBIR-TV, December 23, 2008
  30. ↑ John M. Broder, "Plant That Spilled Coal Ash Had Earlier Leak Problems," New York Times, January 9, 2009.
  31. ↑ Greenpeace calls for criminal investigation into coal ash spill, Greenpeace, December 23, 2008.
  32. ↑ Kristin M. Hall, "Utility doubles estimate of Tennessee ash deluge," Associated Press, December 26, 2008.
  33. ↑ 33.0 33.1 "Landowners sue TVA for $165M over coal ash spill," Associated Press, December 30, 2008.
  34. ↑ Daniel Cusick, "New lawsuit announced over Tenn. ash spill," E&E News, January 6, 2009.
  35. ↑ Siobhan Hughes, "Environmentalists Challenge TVA Over Wastewater Permit ," Wall Street Journal, November 12, 2009.
  36. ↑ "Hundreds Beat Deadline for TVA Spill Lawsuits," Clean Skies, December 23, 2009.
  37. ↑ 37.0 37.1 37.2 Jim Burress, "Coal Ash from Tennessee Disaster Making its Way to Georgia Landfill," WABE, May 8, 2009.
  38. ↑ 38.0 38.1 38.2 Sue Sturgis, "Dumping in Dixie: TVA sends toxic coal ash to poor black communities in Georgia and Alabama" Facing South, May 12, 2009.
  39. ↑ "EPA to Oversee Cleanup of TVA Kingston Fossil Fuel Plant Release," Environmental Protection Agency, May 11, 2009.
  40. ↑ "Alabama DA reviewing options on coal ash decision," WTVM, July 7, 2009.
  41. ↑ Scott Barker, "Report: Four factors led to fly ash spill," Knoxville News Sentinel, June 26, 2009.
  42. ↑ "Fly ash pond too high, filled too fast," WBIR, June 25, 2009.
  43. ↑ Duncan Mansfield, "TVA consultants criticize coal ash operations," Associated Press, July 21, 2009.
  44. ↑ "TVA vows revamp after coal ash spill," UPI, July 22, 2009.
  45. ↑ "Economy, ash spill mean no TVA executive bonuses," Associated Press, November 19, 2009.
  46. ↑ "TVA sludge release kills Ocoee River fish," Chattanooga Times, January 9, 2009.
  47. ↑ Bruce Nilles, "Coal Waste Spills by the Dozen?," Daily Kos, January 9, 2009.
  48. ↑ "'Bama spill: Boxer calls for review of TVA waste sites," Associated Press, January 9, 2009.
  49. ↑ Shaila Dewan, "Hundreds of Coal Ash Dumps Lack Regulation," New York Times, January 7, 2009.

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