On behalf of eleven environmental groups, EarthJustice is suing the U.S. Environmental Protection Agency (EPA) in an effort to force tighter regulation of toxic ash from coal-fired power plants and leaking waste ponds.
The lawsuit was filed under the Resource Conservation and Recovery Act (RCRA), which requires the agency to ensure that safeguards are regularly updated to address environmental and public health threats posed by wastes. The plaintiffs contend that, despite EPA’s own recent data showing contaminated groundwater from dozens of power plant ash disposal sites, its waste disposal standards have not been updated in more than 30 years.
Aerial view of the 2008 coal ash slurry spill in Kingston, Tennessee, where a waste storage pond burst, flooding 300 acres (1.2 sq. mi.) with toxins.(click to enlarge). Source: TVA
Coal ash is the byproduct of coal-fired power plants, and includes a toxic mix of arsenic, lead, hexavalent chromium, mercury, selenium, cadmium and other dangerous pollutants. Approximately 150 million tons of ash are produced in the U.S. each year.
According to data collected by the EPA in 2010, obtained by The Environmental Integrity Project (EIP) under a Freedom of Information Act request and analyzed by EIP and EarthJustice, groundwater contamination was found at 29 sites in 16 states.
In filing the lawsuit, EarthJustice hopes to force the EPA to set deadlines for review and revision of relevant solid and hazardous waste safeguards to address coal ash, and revise the test that determines whether a waste is hazardous under RCRA.
“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.”
Organizations involved in bringing forward the lawsuit against EPA include:
- 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)
http://www.ecology.com/2012/04/06/epa-toxic-coal-ash-disposal/
