posted May 11, 2009
TVA and the federal Environmental Protection Agency announced today an EPA Order and Agreement that documents the relationship between TVA and EPA in managing the clean-up of the Kingston ash spill and further ensures "that TVA will meet all federal and state environmental requirements in restoring affected areas."
EPA has been involved in recovery efforts since the ash spill occurred last December. Under this agreement, TVA recognizes EPA’s role and specialized expertise in responding to large-scale environmental clean-ups.
“This agreement will continue the collaborative work between EPA, the Tennessee Department of Environment and Conservation and TVA, using EPA’s expertise under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA),” said TVA Senior Vice President of Office of Environment & Research Anda Ray. “All of the agencies involved have a common goal, to meet the nation’s highest standards for effectiveness, transparency, and public involvement.”
While TVA will retain its status as a lead federal agency, EPA will approve all work plans and schedules moving forward.
Applying CERCLA, a federal law, will ensure that response actions necessary to protect public health and welfare and the environment are carried out at Kingston. CERCLA also provides a structured approach to community involvement in the clean-up, and TVA and EPA will continue working closely with the community throughout the restoration effort.
By working jointly, TVA and EPA "can ensure an expeditious clean-up effort while protecting public health and safety," officials said.
Under the order, TVA will set-up a reading room where all official documents, plans and schedules related to the recovery effort will be available for public viewing. TVA has already begun work on a Community Involvement Plan (CIP), as part of the CERCLA, which will continue to keep people in Kingston and Roane County informed. The CIP will explain how TVA will involve the public in decisions relating to the ash release on land and in the Swan Pond embayment and the eventual use of the land after the clean-up.
For continued updates on the recovery efforts and to review official documents go to www.tva.com/kingston.
Scott Ellis, a board member of the environmental group United Mountain Defense, said, “Under this order TVA remains the lead federal agency which is completely inappropriate. It is like having the burglar come to the scene of the crime to dust for fingerprints and having the EPA oversee the superfund disaster after TVA’s failed efforts is like having the burglar’s brother watching him dust.”
He said the Administrative Order labels actions such as dredging the Emory River, evaluation of the existing dike, planning off site ash disposal as well as air monitoring and dust control as time critical and the EPA has stated that these types of time critical actions will take place before any public hearings or opportunities for public input occur.
Bonnie Swinford, a board member and volunteer coordinator for United Mountain Defense, said, “The EPA seems to share TVA’s disdain for public participation. It is critical that the EPA honor the role of public involvement as a key component of Superfund law instead of acting like public participation is an inconvenience or obstacle to get around. Given that the dredging will take place over months and the cleanup years there is no excuse to not have public hearings and comments on all phases of the cleanup operation.”
United Mountain Defense co-founder Paloma Galindo states, “Public participate is neither token nor an afterthought. The government has no monopoly on good ideas. Because of the former Manhattan project and Oak Ridge National Laboratories next door to the Superfund site this east Tennessee community is rich with scientist and other community members that deserve to be involved in decisions that impact their health and environment. United Mountain Defense is requesting public hearings on the dredging and cleanup plan from the EPA immediately.”
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