TVA landfill full of coal ash

(This is the latest in a weekly series of 50 Tr-Ash Talk blogs discussing the dangers of coal ash. Earthjustice hopes that by December 2011, the third anniversary of the TVA coal ash spill, the EPA will release a coal ash rule establishing federally enforceable regulations ensuring the safe disposal of this toxic waste.)

The average home value in Round O, South Carolina, is just above $66K. The average household income is below $30K. And now, according to an article in a local newspaper, a power company plans on building a site to store toxic coal ash from its coal plant nearby.

Is it coincidental that these impoundments are often built near low-income communities? We think not. It’s a known phenomenon that low-income and people of color neighborhoods across the country face disproportionately high levels of air and water pollution and exposure to toxic waste and other health hazards because federal environmental laws often are not fairly enforced. And sadly, Round O, fits the profile.

While we wait on the EPA to release a federally enforceable coal ash rule that would ensure the safe disposal of this toxic waste, President Barack Obama has signed an executive order that aims to achieve "balance" in federal regulations -- between ensuring public health and safety and promoting economic growth.

Last week, this time, Earthjustice was responding to news of a resolution introduced by Rep. John Carter (R-TX), seeking to block important clean air protections. Using the Congressional Review Act, Rep. Carter aims to undo protective health standards that will reduce mercury and other toxic emissions from cement plants. If successful, Rep. Carter's resolution would strip health protections from thousands of people who suffer from respiratory and other health ailments caused by cement plants' pollution.

But today, we’ve found an ally in Rep. Janice D. Schakowsky (D-IL), who submitted a letter to her congressional colleagues disavowing this effort.

Rep. Schakowsky calls on her colleagues to oppose Carter's resolution, emphasizing this important point: "I urge you to protect children’s health…" Rep. Schakowsky's letter details the many health benefits of cleaning up polluting cement plants, including the prevention of 2,500 premature deaths and reduction of health care costs by as much as $18 billion every year.

(The following is the first in a weekly series of 50 upcoming Tr-Ash Talk blogs discussing the dangers of coal ash. Earthjustice hopes that by December 2011, the third anniversary of the TVA coal ash spill, the EPA will release a coal ash rule establishing federally enforceable regulations ensuring the safe disposal of this toxic waste.)

Arsenic, one of the most potent poisons known to man, is found in coal ash. It is well documented that coal ash leaks dangerous quantities of arsenic to drinking water when dumped in unlined pits and ponds. In fact, in an EPA analysis the agency acknowledges that people living near unlined coal ash ponds can face as much as a one-in-50 chance of getting cancer from drinking water contaminated by arsenic. This risk is 2,000 times greater than the EPA’s goal for reducing cancer risk to one-in-100,000. Yet, four renowned arsenic experts found that this EPA risk assessment underestimates the risk of cancer from arsenic by a factor of over 17 times.

In a letter to EPA, medical toxicologist Dr. Michael Kosnett along with three senior scientists explain that the EPA relied on an outdated “cancer slope factor” (CSF) that is 17.3 times less than the updated CSF for arsenic. The scientists therefore recommend revision of the EPA’s risk estimates.

Herring school

Oceans scientist Steve Murawski has got some good news for our fishermen clients in New England: there may be more fish to catch next year. If you remember, many fishermen had to retire their nets because of too few fish.

In an Associated Press report, Murawski heralds the end of overfishing as a result of a new fishing management system in the Northeast. Last year, New England had 10 fishing stocks that were being overfished. Now, two-thirds into the current fishing year, aside from one stock, federal data show that New England fishermen are on target to catch fewer than the allotted number of fish.

"And this isn't just a decadal milestone, this is a century phenomenon," Murawski is quoted saying. The story continued that this trend "signals the coming of increasingly healthy stocks and better days for fishermen who've suffered financially."

Just last week we marked the two-year anniversary of the Kingston, TN TVA coal ash spill. Today, Earthjustice, the Environmental Integrity Project and Stockholm Environment Institute’s U.S. Center have released an analysis of an analysis: basically the EPA overinflated (by 20 times!) the values for coal ash recycling. The EPA claims that coal ash recycling is worth more than $23 billion a year, but the government’s own data shows that this number is actually $1.5 billion. Apparently this inflated number is holding up coal ash regulations due to the fear that stricter standards will depress markets for coal-ash recycling.

Earthjustice and the other advocacy groups are fearful that the EPA will be intimidated into adopting weak coal ash rules (there are two being proposed) based on these inaccurate numbers. The discrepancy is due to many factors, including double counting pollution reductions and overstating emission levels from cement kilns. Here is what Earthjustice staff attorney Abbie Dillen had to say:

Earthjustice is feeling merry today – and it’s not just the holidays. In part to our litigation, today the U.S. Environmental Protection Agency announced timetables for setting greenhouse gas emission limits for power plants and oil refineries. In a press call making the announcement, Gina McCarthy—EPA's Assistant Administrator for the Office of Air and Radiation – explained that power plants and oil refineries are “two of the largest stationary sources of greenhouse gas emissions.”

It's pretty to look at, but not to mine

Amid all those delays on important air rules, the EPA is doing a few things right: today they issued standards for toxic pollution emitted by gold mining companies with ore processing facilities. This will mean steep reductions of mercury emissions.

But the EPA failed to provide communities living near these facilities any protection from cyanide, arsenic or other toxic chemicals. We represented the Sierra Club and obtained a court-ordered deadline for this rule and through this litigation we helped secure the 77 percent mercury reduction (from 2007 levels) that EPA just set in place.

Here’s what Jane Williams, chair of the Sierra Club National Air Toxics Taskforce, had to say about this rule: 

Superfund site in Idaho

On Dec. 11 the federal Superfund program turns 30. Which means? Time for cupcakes!

Actually, the cupcakes arrived early -- on Wednesday -- when environmental groups including Earthjustice delivered the treats to lawmakers on the Hill with this request: reinstate “polluter pays” fees in time for the birthday.

The federal program funding cleanups at toxic sites began on Dec. 11, 1980, when President Jimmy Carter signed legislation creating the Superfund program.

Photo: NOAA

On the eve of Thanksgiving, the National Marine Fisheries Service and the Atlantic States Marine Fisheries Commission filed court papers arguing that they shouldn’t be held accountable for the steep population collapse of river herring and shad.

There’s just one problem with that argument: according to law, both agencies are responsible.

Back in September, we filed a lawsuit against the agencies for failing to take measures to stem the decline of these fish populations. We represented the Martha’s Vineyard/Duke’s County Commercial Fishermen’s Association and angler Michael S. Flaherty in the suit.

“I can see why they waited until Thanksgiving to file these papers,” said Flaherty of Wareham, Mass.  “They tell the public at their management meetings they care about river herring and want to help, but then tell the court they are under no obligation to change anything they are doing and that we shouldn’t even be allowed our day in court.”

The U.S. Environmental Protection Agency has announced final rules for the disclosure of greenhouse gas emissions from the oil and gas industry, one of the largest sources of methane, a potent global warming pollutant.

According to the EPA, the rule will cover 85 percent of the greenhouse gas discharges from the oil and gas sector and will require reporting by about 2,800 facilities.

The EPA’s action requires these sectors to annually report methane, carbon dioxide and nitrous oxide emissions from flaring, equipment leaks, offshore petroleum and natural gas production, onshore production facilities, liquefied natural gas imports and exports, and onshore transmission and distribution. The EPA also finalized rules requiring inventory and disclosure for large sources of fluorinated gases.