Legalectric

Yesterday the TVA’s Kingston coal plant’s coal ash sludge pit blew a sidewall and spewed all over near Harriman, Tennessee, into the Tennessee River.  over 400 acres were covered in sludge.  There was at least 2.6 million cubic yards or 500 million gallons of coal ash and an entire watershed is affected.  That’s really toxic stuff, coal ash.  Lots of heavy metals are left, lots of hazardous chemicals, there’s mercury, lead, arsenic, and is this coal slag also radioactive like much in the Dakotas?  How will they deal with this?

IF YOU WERE HIT BY THIS COAL ASH FLOOD- CALL TVA: 865-717-4006

Lots of links now, I’m updating now and then.

It’s now in The Tennessean:

Flood of sludge breaks TVA dike

Here’s an article with photos and video:

Video and photos from Knoxnews.com

From WYMT:

Extensive Damage After Sludge-Slide in Roane Co. Tennessee

Here’s Volunteer TV with some more aerial video (and the odd comment that “The damage is done, all that’s left now is the clean up!”  Oh… OK…

Volunteer TV – TVA eyes possible cause of mudslide

From WTVC – Chattanooga:

TVA Dike Bursts Flooding 15 Houses

From WMCTV – Memphis:

Dike burst floods homes near TVA plant

They don’t know what caused it and yet say there is no danger from the other sludge pits in the area… say what?

TVA ash pond breach: Resident says area has ‘changed forever’

The sludge has encroached 10 feet farther into his yard than the usual winter pool level, and the scenic landscape is replaced by 15-foot-high piles of ash.

“It’s changed forever, I don’t see how this can be brought back,” Copeland said.

Here’s Dave Cooper’s post on Ruminations from the Distant Hills:

Disaster in Tennessee

From YouTube, the video from Knoxnews of this disaster (this is a must see):

This could be one of the worst environmental disasters ever.  One more example of the dangers and inherent problems with burning coal.  Does the TVA have a “get out of jail free” card, like nuclear does in Price-Anderson Act?  How can the clean up this mess, and how will the coal plant be held accountable?  How will the coal industry prevent this from happening again?

It’s not like this is something new. Thanks to It’s Getting Hot in Here for a look at history, least we forget…

It happened in Martin County, Kentucky, in 2000:

Martin County Sludge Spill

It happened in Logan County, West Virginia, where 125 people died, 1,200+ were injured and over 4,000 were homeless:

Buffalo Creek Flood

I’m looking for updates on this… and I found them — try “TVA” and “flood” and not “TVA” and “coal ash.”  Seems it’s not well acknowledged that it’s coal ash!

Dike breaks — ash slide damages homes in Tennessee

And here we go national:

USA Today – TVA dike bursts in Tenn.; 15 homes flooded

TVA dike bursts in Tenn; damaging a dozen homes

SF Chronicle: Dike bursts in Tenn. damaging a dozen homes (AP)

Ash leak fuels debate on risks of coal waste

By Josh Flory (Contact)
Tuesday, December 23, 2008

The ash that burst out of a TVA retention pond on Monday is the sort of waste that has gotten scrutiny from federal regulators and lawmakers in recent months.

The mixture in question was made of water and fly ash, a fine particle that’s one of the by-products of burning coal to generate electricity. The ash is collected by scrubbers that aim to clean up emissions from power-plant smokestacks, and it includes trace elements of materials like arsenic and lead.

In June, a subcommittee in the U.S. House of Representatives held an oversight hearing to examine how the government should address the health and environmental risks of coal combustion waste, including fly ash.

Mary Fox, an assistant professor in the Department of Health Policy and Management in the Johns Hopkins Bloomberg School of Public Health, testified at this summer’s hearing and said in written testimony that “Risks to human health are increased if people are exposed to coal combustion waste.”

In an interview on Monday, Fox said she was reassured about reports that the Kingston spill was a release of wet ash because that means it wouldn’t have gotten into the air as dust.

Fox said generally the concern about fly ash is in regard to long-term exposures – from leaching into the groundwater, for example – and said that when it comes to a spill, the main exposure issues initially will be for people who are cleaning up the mess.

“If it did impact someone’s home,” she said, “you’d want them to stay away from it and not try to be scooping it up with your own broom and dustpan, that kind of thing. It’s not something that you’d want to try and clean up yourself.”

In addition to state and local authorities, the Environmental Protection Agency also dispatched a coordinator and a contractor to the site. EPA is currently reviewing its regulation of coal combustion waste, including fly ash, and one of the documents involved in that process is a 2007 report which found 24 proven cases of damage to ground or surface water from the disposal of coal combustion wastes.

Lisa Evans, an attorney with Earthjustice, a California-based nonprofit law firm, said that in recent years, ash impoundments also have failed in Pennsylvania and Georgia. “Unfortunately this isn’t an isolated instance,” she said “The surface impoundments are not safe places to keep coal ash in general.”

On the other hand, fly ash can be recycled into something useful. David Goss, executive director of the American Coal Ash Association, said ash that meets certain quality standards can be used as a substitute for Portland cement in concrete, and also has uses including soil and waste stabilization. Goss indicated that heavy metals are usually found only in low concentrations, and that they are diluted when stored in liquid.

While he wasn’t familiar with the exact details of the Kingston spill, Goss said that typically the “levels of these concentrations are low enough not to deem them a public hazard.”

Yes, the only good coal gasification plant is a dead coal gasification plant. Coal gasification just doesn’t make any sense, and even project proposers are figuring that out!

Here it is in the Chicago Tribune:

Plans dropped for Indiana coal gasification plant

Congrats to John Blair and Valley Watch for exposing the realities of this project.

Coal-gas project shelved

But potential Rockport, Ind., facility still may have life

By Bryan Corbin
Wednesday, November 26, 2008

INDIANAPOLIS — The developer of a $2 billion coal-to-gas plant proposed for Spencer County, Ind., has shelved the project — at least for now.

It was canceled after the developer failed to reach an agreement with utility companies for purchasing the substitute natural gas it would have produced.
Vectren Corp., which along with NIPSCO (Northern Indiana Public Service Co.), was negotiating to buy the substitute gas, said there is too much uncertainty over possible federal carbon regulations to commit to a 30-year purchase agreement now.

The proposed plant near Rockport, Ind., would have converted local coal into substitute natural gas and sold the “pipeline quality” gas to utility companies.

If built, the project could have brought 125 full-time jobs to Spencer County, not counting mining jobs to supply the coal and temporary construction jobs to build it, officials have said.

In light of the possibility of those jobs, Rockport Mayor Nedra Groves said she was disappointed by the news.

“It would have been beneficial work for the people here, and we need industry and infrastructure,” Groves said.

But the mayor hasn’t abandoned hope. The notice she received held out the possibility the project could be resumed once the economy improves.

Negotiations between the developer, Indiana Gasification LLC, and the two utilities continued for months, prompting several postponements of hearings before the Indiana Utility Regulatory Commission.

On Tuesday, Larry J. Wallace, attorney for the developer, read aloud a statement asking the commission to discontinue consideration of the proposal, at least for now. The developer hopes the project can be revived in a different form and resubmitted later, he said.

“If any viable means can be found for developing the project, Indiana Gasification will certainly pursue them,” the statement said.

Two environmental groups, Citizens Action Coalition of Indiana and Valley Watch Inc., had intervened to oppose the developer’s plans. The groups contended the gasification project was a bad deal for ratepayers because it would have locked in 30-year contracts for substitute natural gas, even when the market price for natural gas might drop below that amount.

“We’ve never asked that the commission prevent them from coming back,” said Jerome Polk, attorney for Citizens Action Coalition and Valley Watch. “If (the developer) can come back with a workable proposal that makes sense, even my clients would be willing to sit down and talk if it makes sense and doesn’t hang ratepayers out to dry.”

The end of contract negotiations comes amid uncertainty over what the new Congress or the incoming administration of President-elect Barack Obama might require of coal plants, in terms of limiting their greenhouse gas emissions, such as carbon dioxide. The likelihood that coal plants might have to capture the carbon dioxide and inject it underground, at unknown costs, adds to the uncertainty.

“That could have an impact on the price of gas this (plant) could yield, especially if the plant would have to capture carbon. That could impact the capital costs,” said Chase Kelley, Vectren Corp. communications director.

Vectren never was going to be a “significant purchaser” of the substitute gas, she said. But the uncertainty of federal carbon legislation was too much of an obstacle to reaching agreement on a 30-year purchasing contract.

A spokesman for NIPSCO would not be as specific on what derailed negotiations with the developer. “We actively negotiated . . . however, a business decision has been made to discontinue those negotiations,” NIPSCO spokesman Nick Meier said, adding the utility had made no financial commitment to the project.

The developer intended to apply for a federal loan guarantee to help finance the project along with private equity.

Two years ago, Gov. Mitch Daniels attended the Indiana Gasification announcement at Vectren headquarters in Evansville, and on Sept. 3 he specifically cited the plant as an example of clean-coal technology’s potential during an energy summit in Indianapolis.

“We understand that the developer is looking at other ways to continue the project,” the governor’s communications director, Jane Jankowski, said Tuesday.

Two legislative sessions in a row, state Rep. Russ Stilwell got bills passed to clear regulatory obstacles to the coal-to-gas plant.

“Obviously, I’m disappointed. We worked hard to get to this point,” said Stilwell, D-Boonville, whose House district includes the Rockport area. “I would call it a lost opportunity. A project of this opportunity only come around once every few decades.”

But Stilwell noted that the project is not dead unless the developer completely withdraws it. “Whatever we need to do to bring partners in, I’m committed to doing that,” Stilwell, D-Boonville, said.

For environmentalist John Blair, president of Valley Watch Inc., the developer’s announcement comes as no surprise, given the uncertainty about the project’s costs.

“In a word, ‘thrilled,'” Blair said of his reaction to the decision.

Indiana Gasification requested Tuesday that the Utility Regulatory Commission end its proceedings on the proposal, while leaving open the door to resubmitting the project later. Utility commission regulators have not ruled yet.