EPA Takes Key Steps to Protect Groundwater from Coal Ash Contamination

The EPA is taking several actions to protect communities and hold facilities accountable for controlling and cleaning up the contamination created by decades of coal ash disposal. Coal combustion residuals (CCR or coal ash), a byproduct of burning coal in coal-fired power plants, contains contaminants like mercury, cadmium, and arsenic that without proper management can pollute waterways, groundwater, drinking water, and the air.

 

The recent actions advance the agency’s commitment to protecting groundwater from coal ash contamination and include (1) proposing decisions on requests for extensions to the current deadline for initiating closure of unlined CCR surface impoundments; (2) putting several facilities on notice regarding their obligations to comply with CCR regulations and (3) laying out plans for future regulatory actions to ensure coal ash impoundments meet strong environmental and safety standards. EPA is committed to working with states to ensure robust protections for communities.

 

“I’ve seen firsthand how coal ash contamination can hurt people and communities. Coal ash surface impoundments and landfills must operate and close in a manner that protects public health and the environment,” said EPA Administrator Michael S. Regan. “For too long, communities already disproportionately impacted by high levels of pollution have been burdened by improper coal ash disposal. The recent actions will help us protect communities and hold facilities accountable. We look forward to working with our state partners to reverse damage that has already occurred. EPA will support communities with stakeholder engagement, technical assistance, compliance assistance, and enforcement.”

 

EPA’s regulations required most of the approximately 500 unlined coal ash surface impoundments nationwide to stop receiving waste and begin closure by April 2021.  The regulations outlined a process for facilities to apply for two types of extensions to the closure deadline.

 

EPA received and reviewed 57 applications from CCR facilities requesting deadline extensions and determined 52 were complete, four were incomplete, and one is ineligible for an extension. Of the 52 complete applications received, EPA conducted technical analyses and is proposing determinations on four applications, with more determinations planned in the coming months.

 

EPA is proposing denying three requests for deadline extensions after identifying several potential deficiencies with groundwater monitoring, cleanup, and closure activities, including a lack of monitoring wells, improper monitoring techniques, faulty identification of other sources of groundwater contamination, and insufficient evaluations of clean-up technologies, which could prevent adequate groundwater cleanup. EPA is proposing a conditional approval for one request, which would require the facility to fix groundwater monitoring issues.

 

In addition, the proposed determinations re-state EPA’s consistently held position that surface impoundments or landfills cannot be closed with coal ash in contact with groundwater. Limiting the contact between coal ash and groundwater after closure is critical to minimizing releases of contaminants into the environment and will help ensure communities near these facilities have access to safe water for drinking and recreation.

 

EPA is also taking action to notify facilities of their compliance obligations for several facilities where the agency has information concerning the possible presence of issues that could impact health and the environment. Concerns outlined in separate letters include improper groundwater monitoring, insufficient cleanup information, and the regulation of inactive surface impoundments. EPA is also ensuring facilities comply with the current CCR regulations by working with state partners to investigate compliance concerns at coal ash facilities across the country.

 

EPA will work in collaboration with states on facility compliance to protect public health and the environment. The agency will focus on compliance at facilities that intend to close surface impoundments with coal ash in contact with groundwater, and facilities with surface impoundments that warrant further groundwater investigation, including facilities that have used an alternate source demonstration, which is when a facility identifies another possible source of contamination. Closure with coal ash in contact with groundwater puts the health and safety of nearby communities at risk.

 

Moving forward, EPA will improve the current rules by finalizing a federal permitting program for the disposal of coal ash and establishing regulations for legacy coal ash surface impoundments. EPA will also continue its review of state-level CCR program applications to ensure they are as protective as federal regulations.

 

EPA is requesting public comment for 30 days on the proposed determinations through Regulations.gov.

 

 

A document published this month by NIOSH describes how to implement field-based monitoring for respirable crystalline silica using portable Fourier transform infrared spectroscopy (FTIR). The publication is primarily intended for industrial hygienists and allied professionals who have health and safety responsibilities within the mining industry, though NIOSH states that IHs working in other industries may also find it useful. According to the agency, the document is written for users with experience in respirable dust or respirable crystalline silica exposure assessment who do not necessarily have specialized training in analytical techniques. AIHA member Emanuele Cauda, PhD, co-director of the NIOSH Center for Direct Reading and Sensor Technologies, is a coauthor of the new publication.

 

“When used appropriately, field-based monitoring for [respirable crystalline silica] enables the timely evaluation of workplace exposure to crystalline silica and can be a valuable component of successful RCS control strategies,” the document explains. “The accuracy of results obtained via field-based monitoring are reliant upon field conditions as well as upon the conscientious sampling and analysis by the user.”

 

The new document includes instructions for setting up the equipment and software required for field-based respirable crystalline silica monitoring; technical details of the monitoring method; quality assurance procedures to ensure consistent data; and examples and case studies related to the use of different types of samplers in conjunction with field-based monitoring. Appendices include links to additional resources, operational checklists for field-based monitoring, and a comparison of FTIR data obtained using different methods or parameters.

 

“Direct-on-Filter Analysis for Respirable Crystalline Silica Using a Portable FTIR Instrument” is freely available to download as a PDF from the NIOSH website.

 

 

Biochem Technical Services, LLC (Biochem), and its owner, Raoul Keith Mangrum Jr., are accused of serious and repeated violation of the state public health code involving the mismanagement of medical waste, such as sharps, body tissue samples, contaminated bandages and laboratory equipment.

 

On Dec. 10, 2021, the Michigan Department of Attorney General, on behalf of the Michigan Department of Environment, Great Lakes, and Energy (EGLE), Materials Management Division, served a complaint on Mangrum filed in Oakland County Circuit Court. EGLE alleges that Mangrum removed medical waste from his clients' facilities and stockpiled the waste, instead of arranging for proper disposal. In addition to the illegal storage, EGLE has documented violations of several other state requirements, including operating without authorization and failure to keep adequate records.

 

The suit seeks an order barring Mangrum and Biochem from engaging in medical waste collection, transportation, storage and disposal activities, or any other activities regulated by Part 138, Medical Waste Regulatory Act, of the Public Health Code, 1978 PA 368, as amended, and to recover costs to dispose of medical waste and other costs.

 

This action in the circuit court is necessary because Biochem and Mangrum continued to operate in violation of the law, despite EGLE's previous enforcement actions. These actions include revocation of Biochem's medical waste registration and criminal prosecution. In 2015, Mangrum pleaded guilty to one felony count of "Infectious Waste Littering" in the Wayne County 3rd Circuit Court. Mangrum was sentenced to 60 days in the Wayne County Jail (to be served on weekends), followed by two years' probation with 120 hours of community service, and payment of $3,000 to the Wayne County Environmental Protection Fund. Due to a history of violations, EGLE revoked Biochem's authorization to manage medical waste in 2019. 

 

Medical waste regulations are in place to protect the public from infectious materials.

 

"Mr. Mangrum's actions are the most egregious violations we have seen under Michigan's medical waste law," said Elizabeth M. Browne, director of EGLE's Materials Management Division. "Businesses involved in managing medical waste have an obligation to do their work in a way that protects Michigan residents. EGLE is committed to holding Mr. Mangrum accountable and protecting public health and the environment."

 

 

An employee of a Watertown metal fabrication company was electrocuted on July 14, 2021, while repairing a portable water heater. As the result of an inspection, OSHA found that his employer, PM Engineered Solutions, Inc., lacked safeguards to protect employees against electrocution, as well as mechanical, chemical, fall and other electrical hazards.

 

OSHA cited the company for 40 serious and eight other-than-serious violations of workplace safety and health standards found during its comprehensive inspection of the facility. PM Engineered Solutions Inc. now faces a total of $236,201 in proposed penalties.

 

OSHA inspectors determined that the company failed to develop procedures to lockout the water heater's power source during maintenance or provide lockout training to the deceased employee. They also found the company failed to check energy control procedures periodically.

 

The purpose of lockout/tagout, also called hazardous energy control, is to prevent the unexpected startup or release of stored electrical, mechanical, hydraulic, pneumatic or other energy sources in machines and equipment that can result in serious injury or death to workers.

 

"This employee lost his life due to the employer's failure to implement required energy control procedures," said OSHA Area Director Dale Varney in Hartford. "Of equal concern is the broad cross-section of hazards throughout the facility. Left uncorrected, they expose employees to being crushed, caught in moving machine parts, burned, chemical exposures, falling and being unable to exit the workplace promptly in the event of an emergency, such as a fire or explosion."

 

OSHA identified additional hazards during its inspection of the plant, including:

 

 

Oregon OSHA has launched a free online training course to help employers put protective measures in place for workers against the potential hazards of breathing in airborne crystalline silica dust.

 

Any worker exposed to dust that contains crystalline silica – from crushed rock, soil, dirt, gravel, or sand, for example – should be concerned about silicosis, a lung disease caused by breathing dust that contains particles of crystalline silica – particles so tiny you can seem them only with a microscope.

 

Featuring powerful visuals, personal stories, instructional videos, links to resources, and a certificate of completion, the training course is designed to boost the ability of employers to meet the requirements of Oregon OSHA’s silica rules. It offers a tool to employers and workers to bolster their existing training programs.

 

“Employers and workers need solid training resources to help light the way toward improvements in the health and safety of their workplaces,” said Julie Love, interim administrator for Oregon OSHA. “And it is in the spirit of continuous improvement that we designed and built this free and flexible training course to address the risks of silica dust.”

 

Common sources of exposure to silica dust include cutting, sawing, drilling, and crushing concrete, brick, ceramic tiles, rock, and stone products. When inhaled, silica particles become trapped in the lungs and damage the tissue. The lung tissue scars and forms small rounded masses called nodules. Over time, the nodules grow, making breathing increasingly difficult.

 

The training course covers a variety of topics. They include the different forms of silica and where it can be found; job activities involving building materials that can cause silica dust to become airborne and breathable; Oregon OSHA’s silica standard and its provisions to protect workers; and instructional videos showing protective steps workers can take while using powered tools.

 

The course is now available. A Spanish-language version of the course is in development.

 

 

• Failure to provide fall protection systems where workers were exposed to a hazard of falling six feet or more to a lower level. It was a repeat violation.
• Total proposed penalty: $15,000
• Failure to provide documentation of fall protection training for the employees doing the roofing job. It was a repeat violation.
• Total proposed penalty: $500
• Failure to document, make available, and maintain for three years a written record of safety meetings addressing such issues as hazards related to tools, equipment, the work environment, and unsafe work practices. It was a repeat violation.
• Total proposed penalty: $350