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{{short description|2008 environmental disaster in Roane County, Tennessee}} {{Short description|2008 environmental disaster in Tennessee, US}}
{{good article}}
{{use mdy dates|date=October 2023}}
{{Infobox event {{Infobox event
| title = Kingston Fossil Plant coal fly ash slurry spill | title = Kingston Fossil Plant Spill
| image = File:Aerial view of ash slide site Dec 23 2008 TVA.gov 123002.jpg | image = File:Aerial view of ash slide site Dec 23 2008 TVA.gov 123002.jpg
| image_size = 275 | image_size = 275
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| date = {{start date|2008|12|22}} | date = {{start date|2008|12|22}}
| venue = | venue =
| location = ], ], ], ], ] | location = ], ], Roane County, Tennessee, United States
| coordinates = <!-- {{coord|LAT|LON|region:XXXX_type:event|display=inline,title}} --> | coordinates = {{Coord|35|54|53|N|84|30|44|W|region:US-TN_type:event_scale:10000_|display=title,inline}}
| also_known_as = | also_known_as =
| type = ] spill | type = ] spill
| theme = | theme =
| cause = Dike breach at coal ash storage pond | cause = Dike breach at coal ash storage pond
| outcome = {{convert|1.1|e9USgal|m3}} released | outcome = {{convert|1.1|e9USgal|e6m3|abbr=unit}} released
| casualties1 = *No reported injuries or deaths from initial spill.<ref name=knoxnews5>{{cite news|last=Satterfield|first=Jamie|date=December 20, 2018|title=TVA coal ash spill: 5 things to know on 10-year anniversary|url=https://www.knoxnews.com/story/news/crime/2018/12/20/tennessee-coal-ash-spill-2008-kingston-tva-workers-dying/2333814002/|work=Knoxville News-Sentinel|location=Knoxville, Tennessee|access-date=2019-06-16|archive-url=https://web.archive.org/web/20190616180929/https://www.knoxnews.com/story/news/crime/2018/12/20/tennessee-coal-ash-spill-2008-kingston-tva-workers-dying/2333814002/|archive-date=June 16, 2019|url-status=live}}</ref> | casualties1 = *No reported injuries or deaths from initial spill.<ref name=knoxnews5>{{cite news|last=Satterfield|first=Jamie|date=December 20, 2018|title=TVA coal ash spill: 5 things to know on 10-year anniversary|url=https://www.knoxnews.com/story/news/crime/2018/12/20/tennessee-coal-ash-spill-2008-kingston-tva-workers-dying/2333814002/|work=Knoxville News-Sentinel|location=Knoxville, Tennessee|access-date=2019-06-16|archive-url=https://web.archive.org/web/20190616180929/https://www.knoxnews.com/story/news/crime/2018/12/20/tennessee-coal-ash-spill-2008-kingston-tva-workers-dying/2333814002/|archive-date=June 16, 2019|url-status=live}}</ref>
*36 deaths and 250+ illnesses related to cleanup.<ref name=Sullivan/> *~40 deaths and 250+ illnesses related to cleanup.<ref name=Sullivan/>
| reported injuries = | reported injuries =
| reported property damage = | reported property damage =
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}} }}


The '''Kingston Fossil Plant coal fly ash slurry spill''' was an ] and ] that occurred on Monday December 22, 2008, when a ] ruptured at a ] ] at the ]'s ] in ], releasing {{convert|1.1|e9USgal|m3}} of ] ] ]. The ], located across the ] from the city of ], uses ponds to ] the fly ash, a ], which is then stored in ponds. The spill released a slurry of fly ash and water, which traveled across the ] and its Swan Pond embayment, onto the opposite shore, covering up to {{convert|300|acre|km2}} of the surrounding land. The spill damaged multiple homes and flowed into nearby waterways including the Emory River and Clinch River (] of the ]). It was the largest fly ash release and worst coal ash-related disaster in United States history.<ref name=Sullivan/> The '''Kingston Fossil Plant Spill''' was an ] and ] that occurred on December 22, 2008, when a ] ruptured at a ] ] at the ]'s ] in ], releasing {{convert|1.1|e9USgal|e6m3|abbr=off}} of coal fly ash ]. The ], located across the ] from the city of ], used a series of ponds to store and ] the fly ash, a ]. The spill released a slurry of fly ash and water which traveled across the ] and its Swan Pond embayment onto the opposite shore, covering up to {{convert|300|acre|km2}} of the surrounding land. The spill damaged multiple homes and flowed into nearby waterways including the Emory River and Clinch River, both ] of the ]. It was the largest industrial spill in United States history.<ref name=Sullivan/><ref name=natgeo19>{{cite news |last=Bourne |first=Joel K. |date=February 19, 2019 |title=Coal's other dark side: Toxic ash that can poison water, destroy life and toxify people |url=https://www.nationalgeographic.com/environment/2019/02/coal-other-dark-side-toxic-ash |archive-url=https://web.archive.org/web/20190219140212/https://www.nationalgeographic.com/environment/2019/02/coal-other-dark-side-toxic-ash/ |url-status=dead |archive-date=February 19, 2019 |work=National Geographic |access-date=2020-05-22}}</ref>


The initial spill, which resulted in millions of dollars worth of property damages and rendered many properties uninhabitable, cost TVA more than $1 billion to cleanup, and was declared complete in 2015.<ref name=tfp515>{{cite news|last=Flessner|first=Dave|date=May 29, 2015|title=TVA to auction 62 parcels in Kingston after ash spill cleanup completed|url=https://www.timesfreepress.com/news/business/aroundregion/story/2015/may/29/tvaucti62-parcels-kingstafter-ash-spill-clean/306796/|work=Chattanooga Times Free Press|location=Chattanooga, Tennessee|access-date=2019-06-16|archive-url=https://web.archive.org/web/20190616180927/https://www.timesfreepress.com/news/business/aroundregion/story/2015/may/29/tvaucti62-parcels-kingstafter-ash-spill-clean/306796/|archive-date=June 16, 2019|url-status=live}}</ref> The initial spill resulted in no injuries or deaths, but several of the employees of an engineering firm hired by TVA to clean up the spill developed illnesses, including ], ], and ] as a result of exposure to the toxic coal ash, and by the ten year anniversary of the spill, more than 40 had died.<ref name=Sullivan/> In November 2018, a federal jury ruled that the contractor did not properly inform the workers about the dangers of exposure to coal ash and had failed to provide them with necessary personal protective equipment.<ref name=Sullivan/> The initial spill, which resulted in millions of dollars worth of property damages and rendered many properties uninhabitable, cost TVA more than $1&nbsp;billion to clean up and was declared complete in 2015.<ref name=tfp515>{{cite news |last=Flessner |first=Dave |date=May 29, 2015 |title=TVA to auction 62 parcels in Kingston after ash spill cleanup completed |url=https://www.timesfreepress.com/news/business/aroundregion/story/2015/may/29/tvaucti62-parcels-kingstafter-ash-spill-clean/306796/ |work=Chattanooga Times Free Press |location=Chattanooga, TN |access-date=2019-06-16 |archive-url=https://web.archive.org/web/20190616180927/https://www.timesfreepress.com/news/business/aroundregion/story/2015/may/29/tvaucti62-parcels-kingstafter-ash-spill-clean/306796/ |archive-date=June 16, 2019 |url-status=live}}</ref> TVA was found liable for the spill in August 2012 by the ].<ref>{{cite journal |last1=Purdom |first1=Rebecca |last2=Remmel |first2=Emily |date=May 24, 2013 |title=TVA Found Liable for Massive Coal Ash Spill But Proof of Damages Remains an Obstacle |url=http://vjel.vermontlaw.edu/topten/tva-found-liable-for-massive-coal-ash-spill-but-proof-of-damages-remains-an-obstacle/ |journal=Vermont Journal of Environmental Law |access-date=2020-05-27 |archive-date=2020-08-03 |archive-url=https://web.archive.org/web/20200803000359/http://vjel.vermontlaw.edu/topten/tva-found-liable-for-massive-coal-ash-spill-but-proof-of-damages-remains-an-obstacle/ |url-status=dead }}</ref> The initial spill resulted in no injuries or deaths, but several of the employees of an engineering firm hired by TVA to clean up the spill developed illnesses, including ], ], and ], as a result of exposure to the toxic coal ash, and more than 30 had died within 10 years of the spill.<!--IMPORTANT: THIS IS THE FIGURE AT THE TIME OF THE TEN YEAR ANNIVERSARY OF THE SPILL, NOT THE CURRENT FIGURE. PLEASE DO NOT REPLACE WITH CURRENT FIGURE; THE CURRENT FIGURE GOES IN THE INFOBOX AND IS MUCH LARGER--><ref name=kn10/> In November 2018, a federal jury ruled that the contractor did not properly inform the workers about the dangers of exposure to coal ash and had failed to provide them with necessary personal protective equipment.<ref name=Sullivan/> After rejecting multiple offers, workers reached a settlement with the contractor in May 2023.


==Background== ==Background==
] ]
The Kingston Fossil Plant is located on a peninsula at the junction of the Emory River (to the north) and Clinch River (to the south and east), just over {{convert|4|mi|km}} upstream from the latter's mouth along the Tennessee River. ], located along the Tennessee {{convert|38|mi|km}} downstream from the mouth of the Clinch, impounds a reservoir (Watts Bar Lake) that spans a {{convert|72|mi|km|adj=on}} stretch of the Tennessee (to ]), the lower {{convert|23|mi|km}} of the Clinch (to ]), and the lower {{convert|12|mi|km}} of the Emory. The plant, originally known as the Kingston Steam Plant, began operations in 1954, primarily to provide electricity to atomic energy installations at nearby ].<ref>{{cite report |author=Office of Engineering Design and Construction |title="The Kingston Steam Plant: A Report on the Planning, Design, Construction, Costs, and First Power Operations" |url= |publisher= Tennessee Valley Authority (TVA) |location=Knoxville, TN |date=1965 |pages=1-12 |id=Technical Report no. 34}}</ref> The plant contains nine units with a combined generating capacity of 1,398 ]s, and burns about {{convert|14,000|t|kg}} of coal every day.<ref>{{cite web |url=https://www.tva.gov/Energy/Our-Power-System/Coal/Kingston-Fossil-Plant |title=Kingston Fossil Plant |author=<!--Not stated-->|website=Our Power System |publisher=Tennessee Valley Authority |location=Knoxville, TN |access-date=2019-03-18 |archive-url=https://web.archive.org/web/20190412210811/https://www.tva.gov/Energy/Our-Power-System/Coal/Kingston-Fossil-Plant |archive-date=2019-04-12|url-status=live}}</ref>


The ] is located on a peninsula at the junction of the ] (to the north) and ] (to the south and east), just over {{convert|4|mi|0}} upstream from the latter's mouth along the ]. ], located along the Tennessee {{convert|38|mi|km}} downstream from the mouth of the Clinch, impounds a reservoir (]) that spans a {{convert|72|mi|km|adj=on}} stretch of the Tennessee (to ]), the lower {{convert|23|mi|km}} of the Clinch (to ]), and the lower {{convert|12|mi|km}} of the Emory. The plant, originally known as the Kingston Steam Plant, began operations in 1954, primarily to provide electricity to ] at nearby ].<ref>{{cite report |author=Office of Engineering Design and Construction |title=The Kingston Steam Plant: A Report on the Planning, Design, Construction, Costs, and First Power Operations |url=https://books.google.com/books?id=bVzVAAAAMAAJ |publisher=Tennessee Valley Authority (TVA) |location=Knoxville, TN |date=1965 |pages=1–12 |id=Technical Report no. 34|access-date=2020-08-23|via=Google Books}}</ref> The plant contains nine units with a combined generating capacity of 1,398 ]s and burns about 14,000 tonnes of coal every day.<ref>{{cite web |url=https://www.tva.gov/Energy/Our-Power-System/Coal/Kingston-Fossil-Plant |title=Kingston Fossil Plant |author=<!--Not stated-->|website=Our Power System |publisher=TVA |access-date=2019-03-18 |archive-url=https://web.archive.org/web/20190412210811/https://www.tva.gov/Energy/Our-Power-System/Coal/Kingston-Fossil-Plant |archive-date=2019-04-12 |url-status=live}}</ref> It was the largest coal-fired power plant in the world when it was completed.<ref name=natgeo19/>
The plant's ash pond disposal area is located immediately north of the plant along the Emory River shore. The ash pond, which was impounded by a dike that rose {{convert|60|ft|m}} above the winter level and {{convert|741|ft|m}} above sea level,<ref name="Flessner-Sohn">{{Cite news |url=http://timesfreepress.com/news/2009/jan/05/tennessee-early-warnings-ash-pond-leaks/?local |title=Early warnings on ash pond leaks; TVA, state inspections show repairs, suspension of deposits at Kingston ash pond |last=Flessner |first=Dave |date=2009-01-05 |publisher=] |last2=Sohn |first2=Pam |access-date=2009-01-09 |archive-url=https://web.archive.org/web/20120217024141/http://timesfreepress.com/news/2009/jan/05/tennessee-early-warnings-ash-pond-leaks/?local |archive-date=2012-02-17 |url-status=live }}</ref> contained a watery slurry of fly ash generated by the burning of finely ground coal at the power plant.<ref>{{cite web |url=http://www.epa.gov/osw/partnerships/c2p2/ccps/flyash.htm |title=Fly Ash definition |publisher=U.S. Environmental Protection Agency (EPA) |location=Washington, D.C. |archiveurl=https://web.archive.org/web/20081228122053/http://www.epa.gov/osw/partnerships/c2p2/ccps/flyash.htm |archivedate=2008-12-28}}</ref> Fly ash is the fine particulate pollutants produced by the combustion of coal, which are collected rather than allowing them to escape into the atmosphere, then mixed with water and pumped into a retaining pond, where the ash gradually settles to the bottom.<ref name="commondreams">{{Cite news |url=http://www.tennessean.com/article/20081223/GREEN02/812230370/1001/RSS6001 |title=Flood of sludge breaks TVA dike |last=Paine |first=Anne |date=December 23, 2008 |publisher=] |last2=Sledge |first2=Colby |access-date=2009-01-09}} {{Dead link|date=September 2010|bot=H3llBot}}</ref> Once the particulate matter settles out, it is dredged and moved to drying cells.<ref name=commondreams/> The {{convert|84|acre|km2|adj=on}} unlined above-ground dredge cell was surrounded by {{convert|60|ft|m|adj=on}} tall earthen dikes.<ref>{{cite news|url=http://www.knoxnews.com/news/2008/dec/25/tva-working-to-repair-damage/|title=TVA working to repair damage to area after pond breach|author=Barker, Scott|publisher=]|date=2008-12-25|accessdate=2008-12-25|archiveurl=https://web.archive.org/web/20081226094354/http://www.knoxnews.com/news/2008/dec/25/tva-working-to-repair-damage/|archivedate=2008-12-26}}</ref> The ] occurred at the northwest corner of the dewatering pond, overlooking the Swan Pond Creek spillway.<ref>{{cite news|url=https://www.nytimes.com/imagepages/2008/12/25/us/20081225_SLUDGE_GRAPHIC.html|title=Site of the Spill, and How Fly Ash Is Produced|publisher=]|date=2008-12-25|accessdate=2009-01-09|archive-url=https://web.archive.org/web/20081229074143/http://www.nytimes.com/imagepages/2008/12/25/us/20081225_SLUDGE_GRAPHIC.html|archive-date=2008-12-29|url-status=live}}</ref>


The plant's ] disposal area is located immediately north of the plant along the Emory River shore and was subdivided into three separate sections—the main ash pond, stilling pond, and dewatering pond—for the different steps of the disposal process.<ref name=nytmap/> The entire ash pond was impounded by a ] that rose {{convert|60|ft|m}} above the winter level and {{convert|741|ft|m}} above sea level.<ref name="Flessner-Sohn">{{Cite news |url=http://timesfreepress.com/news/2009/jan/05/tennessee-early-warnings-ash-pond-leaks/?local |title=Early warnings on ash pond leaks; TVA, state inspections show repairs, suspension of deposits at Kingston ash pond |last1=Flessner |first1=Dave |date=2009-01-05 |work=Chattanooga Times Free Press |last2=Sohn |first2=Pam |archive-url=https://web.archive.org/web/20120217024141/http://timesfreepress.com/news/2009/jan/05/tennessee-early-warnings-ash-pond-leaks/?local |archive-date=2012-02-17 |url-status=live }}</ref> ] is the fine particulate matter produced by the combustion of coal, which is collected rather than allowing it to escape into the atmosphere.<ref name=springer>{{cite book |last1=Gianoncelli |first1=Alessandra |last2=Zacco |first2=Annalisa |last3=Struis |first3=Rudolf P.W.J. |last4=Borgese |first4=Laura |last5=Depero |first5=Laura E. |last6=Bontempi |first6=Elza |chapter=Fly Ash Pollutants, Treatment and Recycling |series=Environmental Chemistry for a Sustainable World |date=December 8, 2013 |volume=4 |title=Pollutant Diseases, Remediation and Recycling |chapter-url=https://link.springer.com/chapter/10.1007/978-3-319-02387-8_3|location=Berlin |publisher=Springer Science+Business Media |pages=103–213 |doi=10.1007/978-3-319-02387-8_3 |isbn=9783319023878 |via=SpringerLink}}</ref> Once this is complete in the wet disposal method, it is mixed with water and pumped into a retaining pond, known as the main ash pond at the Kingston Plant, where the ash gradually settled to the bottom.<ref name="commondreams">{{Cite news|title=Flood of sludge breaks TVA dike |last1=Paine |first1=Anne |url=https://tennessean.newspapers.com/clip/58566746/flood-of-sludge-breaks-tva-dike/ |page=1A, |date=December 23, 2008 |publisher=The Tennessean |last2=Sledge |first2=Colby |access-date=2020-09-03 |via=Newspapers.com}}</ref> Once the particulate matter settled out, the water was pumped to the stilling pond, where the remaining solids settled,<ref name=nytmap/> and the ash was dredged and moved to drying cells in the {{convert|84|acre|km2|adj=on}} unlined above-ground dewatering pond, also known as the solid waste containment pond, where the spill took place.<ref>{{cite news |url=http://www.knoxnews.com/news/2008/dec/25/tva-working-to-repair-damage/ |title=TVA working to repair damage to area after pond breach |last=Barker |first=Scott |publisher=Knoxville News Sentinel |date=2008-12-25 |archive-url=https://web.archive.org/web/20081226094354/http://www.knoxnews.com/news/2008/dec/25/tva-working-to-repair-damage/|archive-date=2008-12-26}}</ref> At the time of the spill, the dredge cells contained a watery slurry of fly ash generated by the burning of finely ground coal at the power plant.<ref>{{cite web |url=http://www.epa.gov/osw/partnerships/c2p2/ccps/flyash.htm |title=Fly Ash definition |publisher=U.S. Environmental Protection Agency (EPA) |location=Washington, D.C. |archive-url=https://web.archive.org/web/20081228122053/http://www.epa.gov/osw/partnerships/c2p2/ccps/flyash.htm |archive-date=2008-12-28}}</ref>
TVA had reportedly known about the dangers of using wet storage ponds for coal ash since a 1969 spill in Virginia in which coal ash seeped into the Clinch River and killed countless fish.<ref name=wbir18/> In the 1980s, TVA engineers raised concerns about the stability of ash ponds.<ref name="Flessner-Sohn"/> The utility repeatedly found leaks in levees and seepage in the soil at many of their ash ponds, including the ones at Kingston.<ref name=wbir18/> However, TVA continued to make small repairs instead of switch to dry storage systems which would have cost ratepayers tens of millions.<ref name=wbir18/> At the time of the disaster, TVA was using wet storage at six of their 11 coal-fired power plants.<ref name="Flessner-Sohn"/>


TVA had reportedly known about the dangers of using wet storage ponds for coal ash since a 1969 spill in Virginia in which coal ash seeped into the Clinch River and killed large numbers of fish.<ref name=wbir18/> TVA officials were also confirmed to have been aware of the toxicity of coal ash as early as 1981.<ref name=Sullivan/> In the 1980s, TVA engineers raised concerns about the stability of ash ponds.<ref name="Flessner-Sohn"/> The utility repeatedly found leaks in levees and seepage in the soil at many of their ash ponds, including the ones at Kingston.<ref name=wbir18/> However, TVA continued to make small repairs instead of switch to dry storage systems in an effort to reduce costs.<ref name=wbir18/> At the time of the disaster, TVA was using wet storage at six of their 11 coal-fired power plants.<ref name="Flessner-Sohn"/>
Leaks at the Kingston ash ponds had reportedly been taking place since the early 1980s, and local residents said that the spill was not a unique occurrence.<ref name=commondreams/> The 1960s-era pond had been observed leaking and being repaired nearly every year since 2001.<ref name=commondreams/> The two worst leaks occurred in 2003 and 2006 in which TVA suspended all ash deposits in the ponds to allow the dredge cells to dry out and stabilize.<ref>{{cite news|url=http://www.wbir.com/news/local/story.aspx?storyid=72524&catid=2|title=TVA: Structure had smaller failures before|author=Sharp, Stoney|publisher=]|date=December 23, 2008|accessdate=2009-01-09}}</ref><ref name="Flessner-Sohn"/> An October 2008 inspection report had identified a "minor leak" in the faulty wall, but the report was not finalized.<ref name=NYT>{{cite news|url=https://www.nytimes.com/2008/12/24/us/24mud.html|title=Water Supplies Tested After Tennessee Spill|publisher=]|author=Dewan, Sheila|date=2008-12-23|accessdate=2008-12-25|archive-url=https://web.archive.org/web/20120423065442/http://www.nytimes.com/2008/12/24/us/24mud.html|archive-date=2012-04-23|url-status=live}}</ref>


Leaks at the Kingston ash ponds had reportedly been taking place since the early 1980s, and local residents said that the spill was not a unique occurrence. The 1960s-era pond had been observed leaking and being repaired nearly every year since 2001.<ref name=commondreams/> The two worst leaks occurred in 2003 and 2006 in which TVA suspended all ash deposits in the ponds to allow the dredge cells to dry out and stabilize.<ref name="Flessner-Sohn"/><ref>{{cite news |last=White |first=Chloe |date=December 24, 2008 |title=Ash spill: Two prior breaches at retention site |url=http://www.knoxnews.com/news/2008/dec/24/ash-spill-two-prior-breaches-retention-site/ |work=Knoxville News Sentinel |access-date=2020-05-27|url-status=dead|archive-url=https://web.archive.org/web/20081227044128/http://www.knoxnews.com/news/2008/dec/24/ash-spill-two-prior-breaches-retention-site/|archive-date=2008-12-27}}</ref> An October 2008 inspection report had identified a small leak in the faulty wall, but the report was not yet complete at the time of the spill.<ref name=NYT>{{cite news |url=https://www.nytimes.com/2008/12/24/us/24mud.html |title=Water Supplies Tested After Tennessee Spill |work=The New York Times |last=Dewan |first=Shaila |date=2008-12-23 |archive-url=https://web.archive.org/web/20120423065442/http://www.nytimes.com/2008/12/24/us/24mud.html |archive-date=2012-04-23 |url-status=live}}</ref>
==Details==

==Event==
===Dike breach and spill=== ===Dike breach and spill===
] ]

The spill began sometime between midnight and 1 a.m. ] on December 22, 2008 when a dike surrounding the {{convert|84|acre|km2|adj=on}} ash containment pond broke.<ref name=wbir18>{{cite news|last=Matheny|first=Jim|last2=Robinson|first2=Grant|date=December 21, 2018|title=Historic Disaster: 10 years after the ash spill|url=https://www.wbir.com/article/news/historic-disaster-10-years-after-the-ash-spill/51-3125fb4d-93bc-4dd8-9ce1-63a449fa6ff9|work=]|location=Knoxville, Tennessee|access-date=2019-03-17}}</ref> The spill occurred over the course of approximately one hour in consecutive waves of breaking away and sliding.<ref>{{cite web |url=http://www.tva.gov/kingston/rca/ |title=Root Cause Analysis |publisher=TVA |accessdate=2009-07-12 |url-status=dead |archiveurl=https://web.archive.org/web/20090721020014/http://www.tva.gov/kingston/rca/ |archivedate=2009-07-21 }}</ref>
TVA and the ] (EPA) initially estimated that the spill released 1.7 million cubic yards (1.3 million m³) of sludge, which is gray in color.<ref name=Discovery>{{cite news|url=http://dsc.discovery.com/news/2008/12/25/tennessee-coal-ash.html|title=Tenn. Sludge Spill Challenges 'Clean Coal' Future|date=2008-12-25|accessdate=2009-01-09|publisher=]|author=Reilly, Michael|archiveurl=https://web.archive.org/web/20081226132746/http://dsc.discovery.com/news/2008/12/25/tennessee-coal-ash.html|archivedate=2008-12-26}}</ref><ref name=KnoxTrip>{{cite news|url=http://www.knoxnews.com/news/2008/dec/26/ash-spill-tva-triples-amount-sludge-released/|title=Ash spill: TVA triples amount of sludge released|date=2008-12-26|accessdate=2009-01-09|publisher=]|archiveurl=https://web.archive.org/web/20081228075759/http://www.knoxnews.com/news/2008/dec/26/ash-spill-tva-triples-amount-sludge-released/|archivedate=2008-12-28}}</ref> After an ], the official estimate was more than tripled to 5.4 million cubic yards (4 million&nbsp;m³) on December 25, 2008.<ref name=Discovery /><ref name=NYT27sludge>{{cite news|url=https://www.nytimes.com/2008/12/27/us/27sludge.html|title=Tennessee Ash Flood Larger Than Initial Estimate|publisher=]|date=December 28, 2008|accessdate=2009-01-09|author=Dewan, Shaila|archive-url=https://web.archive.org/web/20100418155355/http://www.nytimes.com//2008//12//27//us//27sludge.html|archive-date=April 18, 2010|url-status=live}}</ref> The spill began sometime between midnight and 1 a.m. ] on December 22, 2008, when the dike surrounding the ash containment dewatering pond broke.<ref name=wbir18>{{cite news |last1=Matheny |first1=Jim |last2=Robinson |first2=Grant |date=December 21, 2018 |title=Historic Disaster: 10 years after the ash spill |url=https://www.wbir.com/article/news/historic-disaster-10-years-after-the-ash-spill/51-3125fb4d-93bc-4dd8-9ce1-63a449fa6ff9 |work=WBIR-TV |location=Knoxville, TN}}</ref> The ] occurred at the northwest corner of the dewatering pond, overlooking the Swan Pond Creek spillway.<ref name=nytmap>{{cite news |url=https://www.nytimes.com/imagepages/2008/12/25/us/20081225_SLUDGE_GRAPHIC.html|title=Site of the Spill, and How Fly Ash Is Produced |work=The New York Times |date=2008-12-25 |access-date=2009-01-09 |archive-url=https://web.archive.org/web/20081229074143/http://www.nytimes.com/imagepages/2008/12/25/us/20081225_SLUDGE_GRAPHIC.html|archive-date=2008-12-29 |url-status=live}}</ref> The spill consisted of an initial large wave which lasted for approximately one minute, followed by a series of smaller consecutive waves of breaking away and sliding that occurred over a period of approximately one hour.<ref>{{cite web |url=http://www.tva.gov/kingston/rca/ |title=Root Cause Analysis |publisher=TVA |access-date=2009-07-12 |url-status=dead |archive-url=https://web.archive.org/web/20090721020014/http://www.tva.gov/kingston/rca/ |archive-date=2009-07-21 }}</ref>

TVA and the ] (EPA) initially estimated that the spill released {{convert|1.7|e6cuyd|e6m3|abbr=off}} of ], which is gray in color.<ref name=Discovery>{{cite news |url=http://dsc.discovery.com/news/2008/12/25/tennessee-coal-ash.html|title=Tenn. Sludge Spill Challenges 'Clean Coal' Future |date=2008-12-25 |access-date=2009-01-09 |publisher=Discovery Channel |last=Reilly |first=Michael |archive-url=https://web.archive.org/web/20081226132746/http://dsc.discovery.com/news/2008/12/25/tennessee-coal-ash.html|archive-date=2008-12-26}}</ref><ref name=KnoxTrip>{{cite news |url=http://www.knoxnews.com/news/2008/dec/26/ash-spill-tva-triples-amount-sludge-released/ |title=Ash spill: TVA triples amount of sludge released |date=2008-12-26 |work=Knoxville News Sentinel |archive-url=https://web.archive.org/web/20081228075759/http://www.knoxnews.com/news/2008/dec/26/ash-spill-tva-triples-amount-sludge-released/ |archive-date=2008-12-28}}</ref> After an ], the official estimate was more than tripled to {{convert|5.4|e6cuyd|e6m3|abbr=unit}} on December 25, 2008.<ref name=Discovery /><ref name=NYT27sludge>{{cite news |url=https://www.nytimes.com/2008/12/27/us/27sludge.html |title=Tennessee Ash Flood Larger Than Initial Estimate |work=The New York Times |date=December 28, 2008 |last=Dewan |first=Shaila |archive-url=https://web.archive.org/web/20100418155355/http://www.nytimes.com//2008//12//27//us//27sludge.html |archive-date=April 18, 2010 |url-status=live}}</ref>


===Effects=== ===Effects===
The spill covered surrounding land with up to six feet (1.8 m) of sludge.<ref name=Knox>{{cite news|url=http://www.knoxnews.com/news/2008/dec/24/tva-looks-similar-case-costs-removing-fly-ash/|title=TVA looks to similar case for costs of removing fly ash|publisher=]|author=Flory, Josh|date=2008-12-24|accessdate=2008-12-25|archiveurl=https://web.archive.org/web/20081226153212/http://www.knoxnews.com/news/2008/dec/24/tva-looks-similar-case-costs-removing-fly-ash/|archivedate=2008-12-26}}</ref> Although the land surrounding the power plant is largely rural rather than residential, the spill caused a ] wave<ref name=EPAReact>{{cite web|url=http://www.epa.gov/Region4/kingston/ |title=EPA's Response to the TVA Kingston Fossil Plant Fly Ash Release |publisher=EPA |date=2008-12-24 |accessdate=2009-01-09 |url-status=dead |archiveurl=https://web.archive.org/web/20090207090819/http://www.epa.gov/Region4/kingston/ |archivedate=February 7, 2009}}</ref> of water and ash that covered 12 homes,<ref name=AP /> pushing one entirely off its foundation, rendering three uninhabitable,<ref name=NYT27sludge/> and caused some damage to 42 residential properties.<ref>{{cite news|url=http://www.foxnews.com/story/0,2933,473499,00.html|title=Nation's Largest Public Utility to Test Water After Coal Ash Spill|date=2008-12-29|accessdate=2009-01-09|publisher=]|archiveurl=https://web.archive.org/web/20090131185620/http://www.foxnews.com/story/0,2933,473499,00.html|archivedate=2009-01-31}}</ref> It also washed out a road,<ref name=commondreams/> ruptured a major ] line,<ref name=EPAReact /> obstructed a rail line, preventing a train delivering coal from reaching the plant,<ref>{{cite news | url=http://www.knoxnews.com/news/2008/dec/22/officials-dike-burst-floods-homes-near-tva-plant/ | title=TVA ash storage pond breach covers 400 acres in Roane County | work=Knoxville News-Sentinel | date=December 22, 2008 | accessdate=3 July 2019 | author=White, Chloe|url-status=dead|archiveurl=https://web.archive.org/web/20081224072404/http://www.knoxnews.com/news/2008/dec/22/officials-dike-burst-floods-homes-near-tva-plant/|archivedate=2008-12-24}}</ref> downed trees, broke a water main,<ref>{{cite news|url=http://www.cnn.com/2008/US/12/26/tennessee.sludge/index.html/ |title=Tennessee sludge spill estimate grows to 1 billion gallons |author=Simone, Samira J. |publisher=] |date=2008-12-28 |accessdate=2009-02-28 |url-status=dead |archiveurl=https://web.archive.org/web/20090227033120/http://www.cnn.com/2008/US/12/26/tennessee.sludge/index.html |archivedate=February 27, 2009 }}</ref> and destroyed power lines. Though 22 residences were evacuated,<ref name=NYT /> nobody was reported to be injured or in need of hospitalization.<ref name=AP>{{cite news|author=Mansfield, Duncan| url=http://www.huffingtonpost.com/2008/12/23/tennessee-damn-bursts-hun_n_153231.html?page=4&show_comment_id=19084242#comment_19084242|title=Tennessee Dam Bursts, Hundreds Of Acres Flooded With Toxic Slurry Of Ash|publisher=]|date=2008-12-22|accessdate=2008-12-25|archiveurl=https://web.archive.org/web/20121105132022/http://www.huffingtonpost.com/2008/12/23/tennessee-damn-bursts-hun_n_153231.html?page=4&show_comment_id=19084242|archivedate=2012-11-05}}</ref> It was the largest coal-related slurry spill in United States history, more than three times the size of the ] of 2000, which spilled {{convert|306|e6USgal|m3}} of liquid coal waste.<ref name=CNN /> The {{convert|1.1|e9USgal|m3}} of sludge were enough to fill 1,660 ]s,<ref name=CNN/> and the volume released was about 101 times larger than the 1989 ].<ref>{{Cite book| author =Skinner, Samuel K| authorlink =Samuel K. Skinner| author2 =Reilly, William K.| authorlink2 =William K. Reilly| title =The ''Exxon Valdez'' Oil Spill: A Report to the President| publisher =National Response Team| date =May 1989| url =http://www.uscg.mil/history/webshipwrecks/ExxonValdezNRT1989Report.pdf| format =PDF| accessdate =October 31, 2015| archive-url =https://web.archive.org/web/20160304211436/http://www.uscg.mil/history/webshipwrecks/ExxonValdezNRT1989Report.pdf| archive-date =March 4, 2016| url-status =live}}</ref> On December 23, 2008, a TVA spokesman, Gil Francis Jr., stated that, at the time of the spill, the area contained about 2.6 million cubic yards (2.2 million&nbsp;m³) of ash, and that two-thirds of that had been released,<ref name=Knox /> which would later be found to cover an area of {{convert|300|acre|km2}}.<ref name=Flessner-Sohn/> '']'' noted that the amount spilled was larger than the amount stated to have been in the pond before the spill, a discrepancy the TVA was unable to explain.<ref name=NYT27sludge/> The containment area affected was one of three; the other two stayed intact, while only the retaining wall for the {{convert|84|acre|km2|adj=on}} solid waste containment area was affected.<ref name=TVA>{{cite web |url=http://www.tva.gov/emergency/pdf/ash_release.pdf|title=Ash Release at TVA's Kingston Fossil Plant |publisher=TVA |date=2009-01-15 |accessdate=2009-02-28 |archiveurl=https://web.archive.org/web/20090327021122/http://www.tva.gov/emergency/pdf/ash_release.pdf|archivedate=2009-03-27}}</ref> The spill covered surrounding land with up to {{convert|6|ft|m|spell=in}} of sludge.<ref name=Knox>{{cite news |url=http://www.knoxnews.com/news/2008/dec/24/tva-looks-similar-case-costs-removing-fly-ash/|title=TVA looks to similar case for costs of removing fly ash |work=Knoxville News Sentinel |last=Flory |first=Josh |date=2008-12-24 |access-date=2008-12-25 |archive-url=https://web.archive.org/web/20081226153212/http://www.knoxnews.com/news/2008/dec/24/tva-looks-similar-case-costs-removing-fly-ash/ |archive-date=2008-12-26}}</ref> Although the land surrounding the power plant is largely rural, the spill caused a ] wave<ref name=EPAReact>{{cite web |url=http://www.epa.gov/Region4/kingston/ |title=EPA's Response to the TVA Kingston Fossil Plant Fly Ash Release |publisher=EPA |date=2008-12-24 |access-date=2009-01-09 |url-status=dead |archive-url=https://web.archive.org/web/20090207090819/http://www.epa.gov/Region4/kingston/ |archive-date=February 7, 2009}}</ref> of water and ash that covered 12 homes,<ref name=AP /> pushing one entirely off its foundation, rendering three uninhabitable,<ref name=NYT27sludge/> and caused some damage to 42 residential properties.<ref>{{cite news |url=https://www.foxnews.com/story/nations-largest-public-utility-to-test-water-after-coal-ash-spill|title=Nation's Largest Public Utility to Test Water After Coal Ash Spill |date=2008-12-29 |work=Fox News Channel |url-status=live|archive-url=https://web.archive.org/web/20090131185620/http://www.foxnews.com/story/0,2933,473499,00.html |archive-date=2009-01-31}}</ref> It also washed out a road,<ref name=commondreams/> ruptured a major ] line,<ref name=EPAReact /> obstructed a rail line, preventing a train delivering coal from reaching the plant,<ref>{{cite news | url=http://www.knoxnews.com/news/2008/dec/22/officials-dike-burst-floods-homes-near-tva-plant/ |title=TVA ash storage pond breach covers 400 acres in Roane County | work=Knoxville News-Sentinel |date=December 22, 2008 |access-date=3 July 2019 |last=White |first=Chloe |url-status=dead |archive-url=https://web.archive.org/web/20081224072404/http://www.knoxnews.com/news/2008/dec/22/officials-dike-burst-floods-homes-near-tva-plant/|archive-date=2008-12-24}}</ref> downed trees, broke a ],<ref>{{cite news |url=http://www.cnn.com/2008/US/12/26/tennessee.sludge/index.html/ |title=Tennessee sludge spill estimate grows to 1 billion gallons |last=Simone |first=Samira J. |publisher=CNN |date=2008-12-28 |access-date=2009-02-28 |url-status=dead |archive-url=https://web.archive.org/web/20090227033120/http://www.cnn.com/2008/US/12/26/tennessee.sludge/index.html |archive-date=February 27, 2009 }}</ref> and destroyed power lines. Though 22 residences were evacuated,<ref name=NYT /> nobody was reported to be injured or in need of hospitalization.<ref name=AP>{{cite news |last=Mansfield |first=Duncan |url=http://www.huffingtonpost.com/2008/12/23/tennessee-damn-bursts-hun_n_153231.html?page=4&show_comment_id=19084242#comment_19084242 |title=Tennessee Dam Bursts, Hundreds Of Acres Flooded With Toxic Slurry Of Ash |publisher=Associated Press |date=2008-12-22 |archive-url=https://web.archive.org/web/20121105132022/http://www.huffingtonpost.com/2008/12/23/tennessee-damn-bursts-hun_n_153231.html?page=4&show_comment_id=19084242|archive-date=2012-11-05}}</ref> However, research shows that the event had significant negative effects on mental health for people affected and in the area.<ref>{{Cite journal |last1=Ritchie |first1=Liesel Ashley |last2=Little |first2=Jani |last3=Campbell |first3=Nnenia M. |date=August 2018 |title=Resource Loss and Psychosocial Stress in the Aftermath of the 2008 Tennessee Valley Authority Coal Ash Spill |journal=International Journal of Mass Emergencies & Disasters |language=en |volume=36 |issue=2 |pages=179–207 |doi=10.1177/028072701803600205 |pmid=30983682 |pmc=6454919 |issn=0280-7270}}</ref> It was the largest industrial spill in United States history, more than three times the size of the ] of 2000, which spilled {{convert|306|e6USgal|e6m3|abbr=off}} of slurry.<ref name=CNN /> The {{convert|1.1|e9USgal|e6m3|abbr=unit}} of sludge were enough to fill 1,660 ]s,<ref name=CNN/> and the volume released was about 100 times larger than the 1989 ]<ref name=Sullivan/><ref>{{Cite report |last1=Skinner |first1=Samuel K. |author-link=Samuel K. Skinner |last2=Reilly |first2=William K. |author-link2=William K. Reilly |title=The ''Exxon Valdez'' Oil Spill: A Report to the President |publisher=The National Response Team (United States) |date=May 1989 |url=http://www.uscg.mil/history/webshipwrecks/ExxonValdezNRT1989Report.pdf |access-date =October 31, 2015 |archive-url =https://web.archive.org/web/20160304211436/http://www.uscg.mil/history/webshipwrecks/ExxonValdezNRT1989Report.pdf |archive-date=March 4, 2016 |url-status=live}}</ref> and about 10 times greater than the volume released in the 2010 ], the largest ] in history.<ref name=natgeo19/>
The next day, TVA spokesman Gil Francis Jr. stated that, at the time of the spill, the area contained about {{convert|2.6|e6cuyd|e6m3|abbr=off}} of ash and that two-thirds of that had been released,<ref name=Knox /> which would later be found to cover an area of {{convert|300|acre|km2}}.<ref name=Flessner-Sohn/> '']'' noted that the amount spilled was larger than the amount stated to have been in the pond before the spill, a discrepancy the TVA was unable to explain.<ref name=NYT27sludge/> The spill did not affect the adjacent retaining and stilling ponds; the other two stayed intact, while only the retaining wall for the {{convert|84|acre|km2|adj=on}} solid waste containment area was affected.<ref name=TVA>{{cite web |url=http://www.tva.gov/emergency/pdf/ash_release.pdf|title=Ash Release at TVA's Kingston Fossil Plant |publisher=TVA |date=2009-01-15 |access-date=2009-02-28 |archive-url=https://web.archive.org/web/20090327021122/http://www.tva.gov/emergency/pdf/ash_release.pdf|archive-date=2009-03-27}}</ref>
]s, which are a component of the ash.]] ]s, which are a component of the ash.]]


The spill killed a "tremendous" number of fish, according to the '']''.<ref>{{cite news|url=http://www.chattanoogan.com/articles/article_141420.asp|title=Environmentalists Concerned On Effects Of Huge TVA Coal Ash Spill|date=2008-12-25|accessdate=2009-01-09|publisher=The Chattanoogan|archive-url=https://web.archive.org/web/20090114000832/http://www.chattanoogan.com/articles/article_141420.asp|archive-date=2009-01-14|url-status=dead}}</ref> The spill was reported to have killed and buried multiple deer and at least one dog, and ejected fish from the Emory River onto the river bank as far as {{convert|40|ft|m}} from the shore.<ref name=Sullivan/> The contamination effects in the rivers killed an extremely large number of fish and other aquatic life.<ref>{{cite news|url=http://www.chattanoogan.com/articles/article_141420.asp|title=Environmentalists Concerned On Effects Of Huge TVA Coal Ash Spill|date=2008-12-25|access-date=2009-01-09|publisher=The Chattanoogan|archive-url=https://web.archive.org/web/20090114000832/http://www.chattanoogan.com/articles/article_141420.asp|archive-date=2009-01-14|url-status=dead}}</ref><ref>{{cite news |date=January 10, 2009 |title=Tenn. Coal Ash Spill Devastates Recovering River |url=https://www.npr.org/templates/story/story.php?storyId=99192012 |work=NPR |access-date=2020-05-20}}</ref> Large numbers of dead fish were reported as far as the Tennessee River and other area tributaries in the aftermath of the spill.<ref>{{cite journal |date=May 2009 |title=The Lasting Damage of the Tennessee Coal Ash Spill |url=https://www.scientificamerican.com/article/tennessee-coal-ash-spill/ |journal=Scientific American |volume=300 |issue=5 |access-date=2020-05-20}}</ref><ref name=nyt122408/>


===Cause=== ===Cause===
Engineering firm ] was hired by TVA to investigate the cause of the spill. A report released in June 2009 identified the main cause of the spill as the result the slippage of an unstable layer of fine wet coal ash underneath the pond.<ref name=biz/> The report also identified other factors including the terraced retaining walls on top of the wet ash, which narrowed the area for storing the ash and in turn increased the pressure exerted on the dike by the rising stacks.<ref name=biz>{{cite news|last=Barker|first=Scott|date=June 26, 2009|title=Report: Four factors led to fly ash spill|url=http://www.knoxnews.com/news/2009/jun/26/report-four-factors-led-to-fly-ash-spill/|work=Knoxville News-Sentinel|location=Knoxville, Tennessee|access-date=2019-03-17|url-status=dead|archiveurl=https://web.archive.org/web/20090627180236/http://www.knoxnews.com/news/2009/jun/26/report-four-factors-led-to-fly-ash-spill/|archivedate=June 27, 2009|df=mdy-all}}</ref> The Kingston Fossil Plant received a total of {{convert|6.48|in|cm|2}} of rain between December 1 and December 22, plus {{convert|1.16|in|cm|2}} on November 29 and 30.<ref>{{cite web|url=http://www.tva.gov/river/lakeinfo/precip.htm|title=Valley Precipitation|accessdate=2009-01-09|publisher=]|archive-url=https://web.archive.org/web/20090105151009/http://www.tva.gov/river/lakeinfo/precip.htm|archive-date=2009-01-05|url-status=live}}</ref> This rain combined with {{convert|12|°F|0}} temperatures were identified by TVA as factors that contributed to the failure of the earthen embankment.<ref>{{cite news|url=http://www.dailynews.com/ci_11321229|title=Group: Stronger warnings needed in Tenn. ash spill|publisher=]|author=Hall, Kristin M.|date=December 27, 2008|accessdate=2009-01-09|archive-url=https://web.archive.org/web/20090528210918/http://www.dailynews.com/ci_11321229|archive-date=May 28, 2009|url-status=dead|df=mdy-all}}</ref> Engineering firm ] was hired by TVA to investigate the cause of the spill. A report released in June 2009 identified the main cause of the spill as the result of slippage of an unstable layer of fine wet coal ash underneath the pond.<ref name=biz/> The report also identified other factors including the ] retaining walls on top of the wet ash, which narrowed the area for storing the ash and in turn increased the pressure exerted on the dike by the rising stacks.<ref name=biz>{{cite news |last=Barker |first=Scott |date=June 26, 2009 |title=Report: Four factors led to fly ash spill|url=http://www.knoxnews.com/news/2009/jun/26/report-four-factors-led-to-fly-ash-spill/|work=Knoxville News-Sentinel |url-status=dead |archive-url=https://web.archive.org/web/20090627180236/http://www.knoxnews.com/news/2009/jun/26/report-four-factors-led-to-fly-ash-spill/|archive-date=June 27, 2009 |df=mdy-all}}</ref> The Kingston Fossil Plant had received {{convert|6.48|in|mm|0}} of rain between December 1 and December 22, plus {{convert|1.16|in|mm|0}} on November 29 and 30.<ref>{{cite web|url=http://www.tva.gov/river/lakeinfo/precip.htm |title=Valley Precipitation|access-date=2009-01-09 |publisher=TVA |archive-url=https://web.archive.org/web/20090105151009/http://www.tva.gov/river/lakeinfo/precip.htm|archive-date=2009-01-05 |url-status=live}}</ref> This rain combined with {{convert|12|°F|0}} temperatures were identified by TVA as factors that contributed to the failure of the earthen embankment.<ref>{{cite news |url=http://www.dailynews.com/ci_11321229|title=Group: Stronger warnings needed in Tenn. ash spill |publisher=Associated Press |last=Hall |first=Kristin M. |date=December 27, 2008 |access-date=2009-01-09 |archive-url=https://web.archive.org/web/20090528210918/http://www.dailynews.com/ci_11321229|archive-date=May 28, 2009 |url-status=dead |df=mdy-all}}</ref>


==Response== ==Response==
Line 72: Line 79:
{{quote box|width=25%|align=right|quote=We deeply regret that a retention wall for ash containment at our Kingston Fossil Plant failed, resulting in an ash slide and damage to nearby homes.|source= —TVA statement released the day after the spill.<ref name=CNN />}} {{quote box|width=25%|align=right|quote=We deeply regret that a retention wall for ash containment at our Kingston Fossil Plant failed, resulting in an ash slide and damage to nearby homes.|source= —TVA statement released the day after the spill.<ref name=CNN />}}


The day after the spill, TVA released a statement acknowledging the spill and apologizing for its damage to nearby homes.<ref name=CNN/> TVA spokesman Gil Francis Jr. said that the TVA was "taking steps to stabilize runoff from this incident." Residents and environmental groups expressed concern that the fly ash slurry could become more dangerous once it dries out.<ref name=NPR/> On January 1, 2009, the TVA disseminated a fact sheet stating that the ash is "not hazardous."<ref>{{cite news|url=http://www.knoxnews.com/news/2009/jan/03/epa-found-high-arsenic-levels-day-after-ash-spill/|title=EPA found high arsenic levels day after ash spill|publisher=]|date=2009-01-03|accessdate=2009-01-09|archiveurl=https://web.archive.org/web/20090107083203/http://www.knoxnews.com/news/2009/jan/03/epa-found-high-arsenic-levels-day-after-ash-spill/|archivedate=2009-01-07}}</ref> The day after the spill, TVA released a statement acknowledging the spill and apologizing for its damage to nearby homes.<ref name=CNN/> Francis said that the TVA was "taking steps to stabilize runoff from this incident." Residents and environmental groups expressed concern that the fly ash slurry could become more dangerous once it dried out.<ref name=NPR/> On January 1, 2009, the TVA disseminated a fact sheet stating that the ash is "not hazardous."<ref>{{cite news |last=Flory |first=Josh |url=http://www.knoxnews.com/news/2009/jan/03/epa-found-high-arsenic-levels-day-after-ash-spill/ |title=EPA found high arsenic levels day after ash spill |work=Knoxville News Sentinel |date=2009-01-03 |archive-url=https://web.archive.org/web/20090107083203/http://www.knoxnews.com/news/2009/jan/03/epa-found-high-arsenic-levels-day-after-ash-spill/ |archive-date=2009-01-07}}</ref>


Tennessee governor Phil Bredesen toured the spill site on December 31, 2008.<ref>{{cite news|url=http://www.knoxnews.com/news/2009/jan/01/bredesen-visits-site-of-retention-pond-spill|author=Lakin, Matt|date=2009-01-01|accessdate=2009-01-09|title=Bredesen visits site of retention pond spill|publisher=]|archiveurl=https://web.archive.org/web/20090101174114/http://www.knoxnews.com/news/2009/jan/01/bredesen-visits-site-of-retention-pond-spill/|archivedate=2009-01-01}}</ref> Tennessee Governor ] toured the spill site on December 31.<ref>{{cite news |url=http://www.knoxnews.com/news/2009/jan/01/bredesen-visits-site-of-retention-pond-spill |last=Lakin |first=Matt |date=2009-01-01 |title=Bredesen visits site of retention pond spill |work=Knoxville News-Sentinel |archive-url=https://web.archive.org/web/20090101174114/http://www.knoxnews.com/news/2009/jan/01/bredesen-visits-site-of-retention-pond-spill/ |archive-date=2009-01-01}}</ref> The ], which oversees the TVA, held a hearing on January 8 to examine the disaster. Environmental activist ] visited the site on January 8 and spoke with residents affected by the spill.<ref>{{cite web |url=http://www.brockovichblog.com/2008/12/coal_ash_sludge_muddies_waters.html |title=Brokovich Blog |publisher=Erin Brokovich |date=2008-12-30 |access-date=2009-01-09 |url-status=dead |archive-url=https://web.archive.org/web/20090305234659/http://www.brockovichblog.com/2008/12/coal_ash_sludge_muddies_waters.html |archive-date=March 5, 2009}}</ref><ref>{{cite news |author=<!--Staff writer(s)/no by-line.--> |title=Erin Brockovich hopes to help residents near coal sludge spill |url=http://www.cnn.com/2009/US/01/08/tennessee.sludge/ |work=CNN |date=January 8, 2009 |access-date=July 24, 2021}}</ref>
The ] ], which oversees the TVA, held a hearing on January 8 to examine the disaster. The environmental activist ] was invited to Tennessee to survey the disaster site, and announced plans to visit during the second week of January 2009.<ref>{{cite web|url=http://www.brockovichblog.com/2008/12/coal_ash_sludge_muddies_waters.html |title=Brokovich Blog |publisher=] |date=2008-12-30 |accessdate=2009-01-09 |url-status=dead |archiveurl=https://web.archive.org/web/20090305234659/http://www.brockovichblog.com/2008/12/coal_ash_sludge_muddies_waters.html |archivedate=March 5, 2009 }}</ref>


===Water quality and efforts to stop the spill=== ===Water quality and efforts to stop the spill===
] ]
Immediately after the spill, the EPA and ] (TDEC) began testing the water quality of the area affected by the spill.<ref name=NYT/> Although residents feared water contamination, early tests of water six miles (10&nbsp;km) upstream of the ash flow showed that the public water supply met drinking water standards.<ref name=NYT /> A test of river water near the spill showed elevated levels of ] and ], and "barely detectable" levels of ] and ].<ref name=NYT27sludge /> On January 1, 2009 the first independent test results, conducted at the Environmental Toxicology and Chemistry laboratories at ], showed significantly elevated levels of toxic metals, including arsenic, ], ], ], ], lead, mercury, ], and thallium in samples of slurry and river water.<ref>{{cite news|url=https://www.nytimes.com/2009/01/02/us/02sludge.html?ref=earth|title=Metal Levels Found High in Tributary After Spill|publisher=]|date=2009-01-01|accessdate=2009-01-09|first=Shaila|last=Dewan|archive-url=https://web.archive.org/web/20090425030213/http://www.nytimes.com/2009/01/02/us/02sludge.html?ref=earth|archive-date=2009-04-25|url-status=live}}</ref> Immediately after the spill, the EPA and ] (TDEC) began testing the water quality of the area affected by the spill.<ref name=NYT/> Although residents feared ], early tests of water {{convert|6|mi|km|0|spell=in}} upstream of the ash flow showed that the public water supply met drinking water standards.<ref name=NYT /> A test of river water near the spill showed elevated levels of ] and ], and "barely detectable" levels of ] and ].<ref name=NYT27sludge /> On January 1 the first independent test results, conducted at the Environmental Toxicology and Chemistry laboratories at ], showed significantly elevated levels of toxic metals, including arsenic, ], ], ], ], lead, mercury, ], and thallium in samples of slurry and river water.<ref>{{cite news |url=https://www.nytimes.com/2009/01/02/us/02sludge.html?ref=earth|title=Metal Levels Found High in Tributary After Spill |work=The New York Times |date=2009-01-01 |first=Shaila |last=Dewan |archive-url=https://web.archive.org/web/20090425030213/http://www.nytimes.com/2009/01/02/us/02sludge.html?ref=earth |archive-date=2009-04-25 |url-status=live}}</ref>


The day after the spill ] (TEMA) indicated that barriers would be constructed to stop the ash from reaching the ].<ref name=NYT /> By early on December 24, 2008, a flyover by '']'' did note repair work being done on the nearby ], which had been obstructed when {{convert|78000|cuyd|m3}} of sludge covered tracks.<ref name=KnoxTrip /><ref name=NYT /> By the afternoon of that day, ]s were being used to deposit rock into the Clinch River to prevent the further downstream contamination.<ref name=seattletimes/> The TVA had also slowed river flow, for the same purpose.<ref name=commondreams/> The slurry that was cleared from Swan Pond Road was brought back to one of the plant's intact containment ponds.<ref>{{cite news|url=http://www.wbir.com/news/local/story.aspx?storyid=72819&catid=2|title=Crews storing ash sludge nearby|publisher=]|date=2008-12-28|accessdate=2009-01-09|author=Matheny, Jim}}</ref> By December 30, 2008, the TVA had announced it was requesting the assistance of the ] to dredge the ash-filled Emory River to restore navigation.<ref>{{cite news|url=http://timesfreepress.com/news/2008/dec/30/tennessee-corps-dredge-river-around-kingston-plant/?breakingnews|title=Tennessee: Corps to dredge river around Kingston plant|publisher=]|date=2008-12-30|accessdate=2009-01-09|author=Flessner, Dave|archive-url=https://web.archive.org/web/20090113163238/http://timesfreepress.com/news/2008/dec/30/tennessee-corps-dredge-river-around-kingston-plant/?breakingnews|archive-date=2009-01-13|url-status=dead}}</ref> On January 1, 2009 the TVA announced that rather than attempting to clear away all the slurry, they would be spraying seed, straw, and mulch on top of much of it, "to combat dust and erosion".<ref name=CNN /><ref>{{cite news|url=http://www.knoxnews.com/news/2009/jan/01/tva-spread-seed-and-straw-kingston-spill-site/|title=TVA to spread seed and straw at Kingston spill site|publisher=]|date=2009-01-01|accessdate=2009-01-09|author=Balloch, Jim|archiveurl=https://web.archive.org/web/20090103103024/http://www.knoxnews.com/news/2009/jan/01/tva-spread-seed-and-straw-kingston-spill-site/|archivedate=2009-01-03}}</ref> The day after the spill ] indicated that barriers would be constructed to stop the ash from reaching the Tennessee River.<ref name=NYT /> By early on December 24 a flyover by '']'' did note repair work being done on the nearby railroad, which had been obstructed when {{convert|78,000|cuyd|m3}} of sludge-covered tracks.<ref name=NYT /><ref name=KnoxTrip /> By the afternoon of that day, dump trucks were being used to deposit rock into the Clinch River to prevent the further downstream contamination.<ref name=nyt122408/> The TVA also slowed the river flow, for the same purpose.<ref name=commondreams/> The slurry that was cleared from Swan Pond Road was brought back to one of the plant's intact containment ponds.<ref>{{cite news |url=http://www.wbir.com/news/local/story.aspx?storyid=72819&catid=2|title=Crews storing ash sludge nearby |work=WBIR-TV |date=2008-12-28 |last=Matheny |first=Jim}}</ref> By December 30 the TVA had announced it was requesting the assistance of the ] to ] the ash-filled Emory River to restore navigation.<ref>{{cite news|url=http://timesfreepress.com/news/2008/dec/30/tennessee-corps-dredge-river-around-kingston-plant/?breakingnews |title=Tennessee: Corps to dredge river around Kingston plant |work=Chattanooga Times Free Press |date=2008-12-30 |last=Flessner |first=Dave |archive-url=https://web.archive.org/web/20090113163238/http://timesfreepress.com/news/2008/dec/30/tennessee-corps-dredge-river-around-kingston-plant/?breakingnews |archive-date=2009-01-13 |url-status=dead}}</ref> On January 1 the TVA announced that rather than attempting to clear away all of the slurry, they would be spraying seed, straw, and mulch on top of much of it to prevent dust scattering and erosion.<ref name=CNN /><ref>{{cite news |url=http://www.knoxnews.com/news/2009/jan/01/tva-spread-seed-and-straw-kingston-spill-site/|title=TVA to spread seed and straw at Kingston spill site |work=Knoxville News Sentinel |date=2009-01-01 |last=Balloch |first=Jim |archive-url=https://web.archive.org/web/20090103103024/http://www.knoxnews.com/news/2009/jan/01/tva-spread-seed-and-straw-kingston-spill-site/ |archive-date=2009-01-03}}</ref>


In response to independent attempts at sampling of the water quality and the taking of photos, the TVA illegally detained, for approximately one hour, two members of the Knoxville-based environmental organization United Mountain Defense who were traversing public land in the area of the spill and warned three other individuals that any attempt to enter the public waterway would lead to prosecution.<ref>{{cite news|last=Vieru|first=Tudor|date=December 29, 2008|url=http://news.softpedia.com/news/Environmentalists-Detained-for-Photographing-Tennessee-Ash-Spill-100941.shtml|title=Environmentalists Detained for Photographing Tennessee Ash Spill|publisher=]|access-date=December 31, 2008|archive-url=https://web.archive.org/web/20090528215641/http://news.softpedia.com/news/Environmentalists-Detained-for-Photographing-Tennessee-Ash-Spill-100941.shtml|archive-date=May 28, 2009|url-status=live}}</ref> On December 26, 2008 TDEC stated that it was satisfied with the water quality in the wake of the spill but that it would continue to examine and deal with the potential for chronic health effects.<ref name=NPR>{{cite news|url=https://www.npr.org/templates/story/story.php?storyId=98741603|title=Coal Ash May Pose Health Hazard|publisher=]|date=2008-12-26|accessdate=2008-12-26|archive-url=https://web.archive.org/web/20081227082619/http://www.npr.org/templates/story/story.php?storyId=98741603|archive-date=2008-12-27|url-status=live}}</ref> In response to independent attempts at sampling of the water quality and the taking of photos, the TVA illegally detained, for approximately one hour, two members of the Knoxville-based environmental organization United Mountain Defense who were traversing public land in the area of the spill and warned three other individuals that any attempt to enter the public waterway would lead to prosecution.<ref>{{cite news |last=Vieru |first=Tudor |date=December 29, 2008 |url=http://news.softpedia.com/news/Environmentalists-Detained-for-Photographing-Tennessee-Ash-Spill-100941.shtml|title=Environmentalists Detained for Photographing Tennessee Ash Spill |work=Softpedia |archive-url=https://web.archive.org/web/20090528215641/http://news.softpedia.com/news/Environmentalists-Detained-for-Photographing-Tennessee-Ash-Spill-100941.shtml |archive-date=May 28, 2009 |url-status=live}}</ref> On December 26 TDEC stated that it was satisfied with the water quality in the wake of the spill but that it would continue to examine and deal with the potential for chronic health effects.<ref name=NPR>{{cite news |url=https://www.npr.org/templates/story/story.php?storyId=98741603|title=Coal Ash May Pose Health Hazard |work=NPR |date=2008-12-26 |archive-url=https://web.archive.org/web/20081227082619/http://www.npr.org/templates/story/story.php?storyId=98741603|archive-date=2008-12-27 |url-status=live}}</ref>


===Coal ash issues=== ===Coal ash issues===
The spill immediately reignited the debate about the regulation of coal ash. In response to a video that showed dead fish on the Clinch River, which had received ] from the spill, TVA spokesman Gil Francis Jr. stated "in terms of toxicity, until an analysis comes in, you can't call it toxic." He continued by saying that "it does have some ] within it, but it's not toxic or anything."<ref name=NYT /> Chandra Taylor, an attorney with the ], called this statement irresponsible, and stated that coal fly ash contains concentrated amounts of mercury, arsenic, and ]. She added, "These things are naturally occurring, but they concentrate in the burning process and the residual is more toxic than it starts."<ref name=CNN /> Nevertheless, due to pressure exerted in 2000 by ], the ], and ] officials, fly ash is not strictly regulated as a ] by the EPA.<ref>EPA (2000-05-22). "Notice of Regulatory Determination on Wastes From the Combustion of Fossil Fuels." ''Federal Register,'' {{usfr|65|32214}}.</ref><ref name=seattletimes>{{cite news|url=http://seattletimes.nwsource.com/html/nationworld/2008558917_sludge25.html|title=Massive coal-ash spill causes river of sludge and controversy|publisher=]|author=Dewan, Shaila|date=2008-12-25|accessdate=2009-01-09|archiveurl=https://web.archive.org/web/20081228033943/http://seattletimes.nwsource.com/html/nationworld/2008558917_sludge25.html|archivedate=2008-12-28}}</ref> The spill immediately reignited the debate about the regulation of coal ash.<ref name=nyt122408>{{cite news |last=Dewan |first=Shaila |date=December 24, 2008 |title=Coal Ash Spill Revives Issue of Its Hazards |url=https://www.nytimes.com/2008/12/25/us/25sludge.html |work=The New York Times}}</ref> In response to a video that showed dead fish on the Clinch River, which had received ] from the spill, Francis stated "in terms of toxicity, until an analysis comes in, you can't call it toxic." He continued by saying that "it does have some ] within it, but it's not toxic or anything."<ref name=NYT /> Chandra Taylor, an attorney with the ], called this statement irresponsible and stated that coal fly ash contains concentrated amounts of mercury, arsenic, and ]. She added, "These things are naturally occurring, but they concentrate in the burning process and the residual is more toxic than it starts."<ref name=CNN /> Nevertheless, due to pressure exerted in 2000 by ], the ], and ] officials, fly ash is not strictly regulated as a ] by the EPA.<ref name=nyt122408/><ref>EPA (2000-05-22). "Notice of Regulatory Determination on Wastes From the Combustion of Fossil Fuels." ''Federal Register,'' {{usfr|65|32214}}.</ref>


Lisa Evans, an attorney for the environmental group ], spoke out against the government, accusing them of lax regulations on the issue. She also blamed the industry for ineffective safeguards, citing other similar cases. She stated that "The saddest thing is this is entirely avoidable. These people in these communities don't have to be in harm's way. This is not some complicated problem like nuclear waste. This is something the utilities know how to do."<ref name=AP2>{{cite news|url=https://www.forbes.com/feeds/ap/2008/12/24/ap5858629.html|title=Cleanup begins in wake of Tennessee ash pond flood|publisher=]|author=Duncan Mansfield|date=2008-12-24|accessdate=2008-12-25}} {{Dead link|date=September 2010|bot=H3llBot}}</ref> Thomas J. FitzGerald, the director of the environmental group Kentucky Resources Council and an expert on coal waste, told ''The New York Times'' that the ash should have been buried in ] ] to prevent toxins leaching into the soil and groundwater (as recommended in a 2006 EPA report), and stated that "I find it difficult to comprehend that the State of Tennessee would have approved that as a permanent disposal site."<ref name=NYT /> Governor Phil Bredesen acknowledged that TDEC, which regulates coal disposal, may have relied too much on TVA's own inspections and engineering studies about the ash ponds and dredge cells. "Believe me, there will be a full-bore look at this to understand the causes of this thing and to try to make sure it never happens again," he said.<ref>{{cite news|url=http://timesfreepress.com/news/2009/jan/05/tennessee-early-warnings-ash-pond-leaks/?local|title=Tennessee: Early Warning on Ash Leaks|date=2009-01-05|author=Flessner,Sohn|access-date=2009-01-05|archive-url=https://web.archive.org/web/20120217024141/http://timesfreepress.com/news/2009/jan/05/tennessee-early-warnings-ash-pond-leaks/?local|archive-date=2012-02-17|url-status=live}}</ref> Concern was also expressed by environmental groups and local residents that no warnings were issued to residents living in the area about the potential dangers of the site.<ref name=seattletimes/> On December 27, 2008, TVA issued a list of precautions to residents, but did not provide information about specific levels of toxic materials in the ash, although Stephen Smith of the ] and Chris Irwin of United Mountain Defense told '']'' newspaper that they believe the TVA knows what is in it, due to the TVA having tested it prior to the spill.<ref name=Tennessean>{{cite news|url=http://www.tennessean.com/article/20081228/NEWS01/81228006/1006|title=Coal ash precautions issued around spill|date=2008-12-28|accessdate=2009-01-09|publisher=]|author=Paine, Anne}} {{Dead link|date=September 2010|bot=H3llBot}}</ref> The TVA released an inventory of the plant's byproducts on December 29, 2008; it included arsenic, lead, barium, chromium, and ].<ref>{{cite news|url=https://www.nytimes.com/2008/12/30/us/30sludge.html?_r=1&em|title=At Plant in Coal Ash Spill, Toxic Deposits by the Ton|publisher=]|author=Dewan, Shaila|date=2008-12-29|accessdate=2009-01-09|archive-url=https://web.archive.org/web/20110511054730/http://www.nytimes.com/2008/12/30/us/30sludge.html?_r=1&em|archive-date=2011-05-11|url-status=live}}</ref> Because the pond contained decades worth of ash from coal of several different types, it is believed that the area of the spill may contain "hot spots" of higher toxicity.<ref name=Tennessean /> Lisa Evans, an attorney for the environmental group ], spoke out against the government, accusing them of lax regulations on the issue. She also blamed the ] and coal industries for ineffective safeguards, citing other similar cases. She stated the issue of proper disposal of coal ash is not an extremely complicated problem and that utilities know how to solve it.<ref name=AP2>{{cite news |url=https://www.wthr.com/article/cleanup-begins-in-wake-of-tennessee-ash-pond-flood |title=Cleanup begins in wake of Tennessee ash pond flood |publisher=Associated Press |author=Duncan Mansfield |date=2008-12-24 |access-date=2008-12-25 |via=WTHR-TV |archive-date=May 20, 2020 |archive-url=https://web.archive.org/web/20200520162003/https://www.wthr.com/article/cleanup-begins-in-wake-of-tennessee-ash-pond-flood |url-status=dead }}</ref> Thomas J. FitzGerald, the director of the environmental group Kentucky Resources Council and an expert on coal waste, reported that the ash should have been buried in ] ] to prevent toxins leaching into the soil and groundwater, as recommended in a 2006 EPA report, and stated that he found it hard to believe that the state of Tennessee would have approved the ash disposal sites at the plant as a permanent disposal site.<ref name=NYT /> Bredesen acknowledged that TDEC, which regulates coal disposal, may have relied too much on TVA's own inspections and engineering studies about the ash ponds and dredge cells, and promised that there would be an extensive investigation into the cause of the spill in order to prevent similar disasters.<ref name="Flessner-Sohn"/>


Concern was also expressed by environmental groups and local residents that no warnings were issued to residents living in the area about the potential dangers of the site after the spill.<ref name=nyt122408/> On December 27 TVA issued a list of precautions to residents but did not provide information about specific levels of toxic materials in the ash, although multiple environmental activists reported that they believed that TVA knew about the contents of the ash because they had tested it prior to the spill.<ref name=Tennessean>{{cite news |url=https://tennessean.newspapers.com/clip/58566914/ash-precautions-issued-near-spill/ |page=6B |title=Ash precautions issued near spill |date=2008-12-29 |work=The Tennessean |last=Paine |first=Anne |via=Newspapers.com}}</ref> The TVA released an inventory of the plant's byproducts on December 29; it included arsenic, lead, barium, chromium, and ].<ref>{{cite news |url=https://www.nytimes.com/2008/12/30/us/30sludge.html?_r=1&em |title=At Plant in Coal Ash Spill, Toxic Deposits by the Ton |work=The New York Times |last=Dewan |first=Shaila |date=2008-12-29 |archive-url=https://web.archive.org/web/20110511054730/http://www.nytimes.com/2008/12/30/us/30sludge.html?_r=1&em |archive-date=2011-05-11 |url-status=live}}</ref> Because the pond contained decades worth of ash from coal of several different types, it was believed that the area of the spill may have contained isolated patches of higher toxicity.<ref name=Tennessean />
At her ] confirmation hearing on January 14, 2009, ], ]'s choice to head the EPA under his administration, stated her intention to immediately review coal ash disposal sites across the country.<ref>{{cite news|date=January 15, 2009|title=Obama's EPA Pick Would Address Coal Ash Issue|url=https://www.npr.org/templates/story/story.php?storyId=99385357|work=NPR|access-date=2019-03-19|archive-url=https://web.archive.org/web/20121012121404/http://www.npr.org/templates/story/story.php?storyId=99385357|archive-date=October 12, 2012|url-status=live}}</ref> Also on January 14, 2009, ], a U.S. Representative from ] and the chairman of the ], introduced a bill to regulate coal ash disposal sites across the United States.<ref>{{cite web|url=http://wvgazette.com/News/200901140232 |title=Archived copy |accessdate=2009-01-14 |url-status=dead |archiveurl=https://web.archive.org/web/20090528234922/http://wvgazette.com/News/200901140232 |archivedate=2009-05-28 }}</ref>


In 2009, TVA committed to switching all of the ash storage facilities at their coal fired plants over to "dry" byproduct methods, which would reduce the chances of another spill.<ref name="tfp510">{{cite news | url=https://www.timesfreepress.com/news/news/story/2010/may/15/tva-moves-to-dry-ash-disposal/16773/ | title=TVA moves to dry ash disposal | work=Chattanooga Times Free Press | date=May 15, 2010 | accessdate=3 July 2019 | location=Chattanooga, Tennessee | archive-url=https://web.archive.org/web/20190703155426/https://www.timesfreepress.com/news/news/story/2010/may/15/tva-moves-to-dry-ash-disposal/16773/ | archive-date=3 July 2019 | url-status=live }}</ref> TVA expects this to be complete by 2022 at a cost of $2 billion.<ref>{{cite news | url=https://www.knoxnews.com/story/money/business/2018/10/05/tva-coal-ash-cleanup-lawsuits-tennessee-valley-authority/1454540002/ | title=Tennessee Valley Authority's coal ash conundrum continues as lawsuits, cleanup issues loom | work=Knoxville News-Sentinel | date=October 5, 2018 | accessdate=3 July 2019 | author=Gaines, Jim | location=Knoxville, Tennessee | archive-url=https://web.archive.org/web/20190620230347/https://www.knoxnews.com/story/money/business/2018/10/05/tva-coal-ash-cleanup-lawsuits-tennessee-valley-authority/1454540002/ | archive-date=20 June 2019 | url-status=live }}</ref> At the time of the spill, five TVA-operated plants used this method, while Kingston and another five used a "wet" process.<ref name="tfp510" /> At her ] confirmation hearing on January 14, 2009, ], then president-elect ]'s choice to head the EPA under his administration, stated her intention to immediately review coal ash disposal sites across the country.<ref>{{cite news |date=January 15, 2009 |title=Obama's EPA Pick Would Address Coal Ash Issue |url=https://www.npr.org/templates/story/story.php?storyId=99385357 |work=NPR |archive-url=https://web.archive.org/web/20121012121404/http://www.npr.org/templates/story/story.php?storyId=99385357|archive-date=October 12, 2012|url-status=live}}</ref> Also on January 14 ], a U.S. Representative from ] and the chairman of the ], introduced a bill to regulate coal ash disposal sites across the United States.<ref>{{cite news |last=Ward Jr. |first=Ken |date=January 14, 2009 |title=Rahall introduces bill to police coal-ash impoundments |url=http://wvgazette.com/News/200901140232 |work=Charleston Gazette-Mail; The Charleston Gazette |url-status=dead |archive-url=https://web.archive.org/web/20090528234922/http://wvgazette.com/News/200901140232 |archive-date=2009-05-28}}</ref> That year, TVA committed to switching all of the ash storage facilities at their coal fired plants over to dry byproduct methods, which would reduce the chances of another spill.<ref name="tfp510">{{cite news |url=https://www.timesfreepress.com/news/news/story/2010/may/15/tva-moves-to-dry-ash-disposal/16773/ |title=TVA moves to dry ash disposal |work=Chattanooga Times Free Press |date=May 15, 2010 |archive-url=https://web.archive.org/web/20190703155426/https://www.timesfreepress.com/news/news/story/2010/may/15/tva-moves-to-dry-ash-disposal/16773/ |archive-date=3 July 2019 |url-status=live}}</ref> This was completed by 2022 at a cost of $2&nbsp;billion.<ref>{{cite news | url=https://www.knoxnews.com/story/money/business/2018/10/05/tva-coal-ash-cleanup-lawsuits-tennessee-valley-authority/1454540002/ |title=Tennessee Valley Authority's coal ash conundrum continues as lawsuits, cleanup issues loom |work=Knoxville News-Sentinel |date=October 5, 2018 |last=Gaines |first=Jim |archive-url=https://web.archive.org/web/20190620230347/https://www.knoxnews.com/story/money/business/2018/10/05/tva-coal-ash-cleanup-lawsuits-tennessee-valley-authority/1454540002/ |archive-date=20 June 2019 |url-status=live}}</ref><ref>{{cite news |last=Zullo |first=Robert |date=November 4, 2022 |title=Coal plant operators shirking responsibilities on ash cleanup, report contend |url=https://tennesseelookout.com/2022/11/04/coal-plant-operators-shirking-responsibilities-on-ash-cleanup-report-contends/ |work=Tennessee Lookout |access-date=March 18, 2023}}</ref> At the time of the spill, five TVA-operated plants used this method, while Kingston and another five used a wet process with ponds.<ref name="tfp510" />

===Regulation development===
Following the spill, the EPA began developing regulations that would apply to all ash ponds in the U.S. The EPA published a Coal Combustion Residuals (CCR) regulation in 2015. The agency continued to classify coal ash as non-hazardous, thereby avoiding strict permitting requirements under Subtitle C of the ] (RCRA), but with new restrictions:

# Existing ash ponds that are contaminating groundwater must stop receiving CCR, and close or retrofit with a liner.
# Existing ash ponds and landfills must comply with structural and location restrictions, where applicable, or close.
# A pond no longer receiving CCR is still subject to all regulations unless it is dewatered and covered by 2018.
# New ponds and landfills must include a geomembrane liner over a layer of compacted soil.<ref>EPA. "Hazardous and Solid Waste Management System; Disposal of Coal Combustion Residuals From Electric Utilities." {{usfr|80|21301}}, 2015-04-17.</ref>

Some of the provisions in the 2015 CCR regulation were challenged in litigation, and the ] remanded certain portions of the regulation to EPA for further rulemaking.<ref>{{cite web |last1=Green |first1=Douglas H. |last2=Houlihan |first2=Michael |title=D.C. Circuit Court Remands CCR Deadline Extension to EPA |url=https://www.americanbar.org/groups/environment_energy_resources/publications/st/20190424-dc-circuit-court-remands-ccr-deadline-extension-to-epa/ |date=2019-04-24 |website=Environment, Energy, and Resources Section |publisher=American Bar Association |location=Washington, DC}}</ref> The EPA published a final RCR regulation on August 28, 2020, requiring all unlined ash ponds to retrofit with liners or close by April 11, 2021. Some facilities may apply to obtain additional time—up to 2028—to find alternatives for managing ash wastes before closing their surface impoundments.<ref>EPA. "Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals From Electric Utilities; A Holistic Approach to Closure Part A: Deadline To Initiate Closure." {{usfr|85|53516}}. 2020-08-28.</ref><ref>{{cite web |title=Revisions to the Coal Combustion Residuals (CCR) Closure Regulations; Fact sheet |url=https://www.epa.gov/coalash/fact-sheet-revisions-several-coal-ash-closure-requirements-and-provisions-enhance-public |date=July 2020 |publisher=EPA}}</ref> EPA published its "CCR Part B" rule on November 12, 2020, which allows certain facilities to use an alternative liner, based on a demonstration that human health and the environment will not be affected. These facilities were to submit their demonstration data by November 30, 2021.<ref>EPA (2020-11-12). "Hazardous and Solid Waste Management System: Disposal of CCR; A Holistic Approach to Closure Part B: Alternate Demonstration for Unlined Surface Impoundments." Final rule. {{usfr|85|72506}}</ref>


==Cleanup== ==Cleanup==
] ]

The EPA first estimated that the spill would take four to six weeks to clean up; however, Chandra Taylor, the staff attorney for the Southern Environmental Law Center, said the cleanup could take months and possibly years.<ref name=CNN>{{cite news|url=http://www.cnn.com/2008/US/12/23/tennessee.sludge.spill/?iref=mpstoryview|title=Tennessee sludge spill runs over homes, water|publisher=]|date=2008-12-22|accessdate=2008-12-25|archive-url=https://web.archive.org/web/20081228101325/http://www.cnn.com/2008/US/12/23/tennessee.sludge.spill/?iref=mpstoryview|archive-date=2008-12-28|url-status=live}}</ref> As of June 2009, six months following the spill, only 3% of the spill had been cleaned and was estimated to cost between $675 and $975 million to clean, according to the TVA.<ref>{{cite news|url=http://www.timesfreepress.com/news/2009/jun/06/tva-ship-spilled-coal-ash/|title=TVA to ship spilled coal ash|work=Chattanooga Times Free Press|date=2009-06-06|accessdate=2009-06-14|archive-url=https://web.archive.org/web/20120219190820/http://www.timesfreepress.com/news/2009/jun/06/tva-ship-spilled-coal-ash/|archive-date=2012-02-19|url-status=live}}</ref> TVA hired California-based Jacobs Engineering to clean up the spill.<ref name=timeline>{{cite news|last=Satterfield|first=Jamie|date=February 5, 2019|title=Kingston coal ash case: From spill to sicknesses to lawsuits|url=https://www.knoxnews.com/story/news/2019/02/05/kingston-coal-ash-spill-timeline-lawsuit/2767409002/|work=Knoxville News-Sentinel|location=Knoxville News-Sentinel|access-date=2019-03-19|archive-url=https://web.archive.org/web/20190423082421/https://www.knoxnews.com/story/news/2019/02/05/kingston-coal-ash-spill-timeline-lawsuit/2767409002/|archive-date=April 23, 2019|url-status=live}}</ref> The cleanup was accomplished under guidelines set by the ] (CERCLA).<ref name=ort/> On May 11, 2009 TVA and the EPA announced an order and agreement that documents the relationship between TVA and EPA in managing the clean-up of the Kingston ash spill, further ensuring that TVA would meet all federal and state environmental requirements in restoring affected areas.<ref name="TVAAOAC">{{cite web |url= http://www.tva.gov/news/releases/aprjun09/epa.htm |title=TVA, EPA Sign Agreement on Site Clean-up at Kingston |date=2009-05-11 |publisher=TVA |accessdate=2009-05-30 |archiveurl=https://web.archive.org/web/20090528015652/http://www.tva.gov/news/releases/aprjun09/epa.htm|archivedate=2009-05-28 |id=Press Release}}</ref> The EPA first estimated that the spill would take four to six weeks to clean up; however, Taylor said the cleanup could take months and possibly years.<ref name=CNN>{{cite news |last=Simone |first=Samira J. |url=http://www.cnn.com/2008/US/12/23/tennessee.sludge.spill/?iref=mpstoryview |title=Tennessee sludge spill runs over homes, water |work=CNN |date=2008-12-22 |access-date=2008-12-25 |archive-url=https://web.archive.org/web/20081228101325/http://www.cnn.com/2008/US/12/23/tennessee.sludge.spill/?iref=mpstoryview |archive-date=2008-12-28 |url-status=live}}</ref> As of June 2009, six months following the spill, only 3% of the spill had been cleaned and was estimated to cost between $675 and $975&nbsp;million to clean, according to the TVA.<ref>{{cite news |url=http://www.timesfreepress.com/news/2009/jun/06/tva-ship-spilled-coal-ash/ |title=TVA to ship spilled coal ash|work=Chattanooga Times Free Press |date=2009-06-06 |archive-url=https://web.archive.org/web/20120219190820/http://www.timesfreepress.com/news/2009/jun/06/tva-ship-spilled-coal-ash/|archive-date=2012-02-19 |url-status=live}}</ref> TVA hired California-based ] to clean up the spill.<ref name=timeline>{{cite news |last=Satterfield |first=Jamie |date=February 5, 2019 |title=Kingston coal ash case: From spill to sicknesses to lawsuits |url=https://www.knoxnews.com/story/news/2019/02/05/kingston-coal-ash-spill-timeline-lawsuit/2767409002/ |work=Knoxville News-Sentinel |archive-url=https://web.archive.org/web/20190423082421/https://www.knoxnews.com/story/news/2019/02/05/kingston-coal-ash-spill-timeline-lawsuit/2767409002/ |archive-date=April 23, 2019 |url-status=live}}</ref> The cleanup was accomplished under guidelines set by the ].<ref name=ort/> However, the workers were not provided with ] necessary to prevent exposure to hazardous chemicals contained within the coal ash.<ref name=Sullivan/> On May 11, 2009, TVA and EPA announced an order and agreement that documents the relationship between TVA and EPA in managing the clean-up of the Kingston ash spill, further ensuring that TVA would meet all federal and state environmental requirements in restoring affected areas.<ref name="TVAAOAC">{{cite web |url=http://www.tva.gov/news/releases/aprjun09/epa.htm |title=TVA, EPA Sign Agreement on Site Clean-up at Kingston |date=2009-05-11 |publisher=TVA |access-date=2009-05-30 |archive-url=https://web.archive.org/web/20090528015652/http://www.tva.gov/news/releases/aprjun09/epa.htm|archive-date=2009-05-28 |id=Press Release}}</ref>


During the first phase of the cleanup, known as the time-critical phase, over 3.5 million cubic yards were removed within a year of the spill.<ref name=epa09>{{cite web|url= http://www.epakingstontva.com/Work%20Plan%20Approvals/Forms/AllItems.aspx?RootFolder=%2fWork%20Plan%20Approvals%2fOSC%20REPORT&FolderCTID=&View=%7bFD51B683%2dDA50%2d40E4%2dAFF8%2dA1C4757A0078%7d |title=EPA OSC Report for the Time Critical Removal Action |author=<!--Not stated-->|date=2009 |website=TVA Kingston Fossil Fuel Plant Release Site |publisher=EPA |access-date=2011-04-08|url-status=dead |archiveurl=https://web.archive.org/web/20120322124249/http://www.epakingstontva.com/Work%20Plan%20Approvals/Forms/AllItems.aspx?RootFolder=%2fWork%20Plan%20Approvals%2fOSC%20REPORT&FolderCTID=&View=%7bFD51B683-DA50-40E4-AFF8-A1C4757A0078%7d. |archivedate=2012-03-22}}</ref> This phase allowed the removal of ash from the river to be accelerated by 75% over original expectations. During this phase, the ash was safely transported to a permanent, lined, and ] collecting facility in ] called Arrowhead landfill. The Emory River was reopened in late spring 2010.<ref name=epa09/> The time-critical phase removed 90% of the ash located in the Emory River.<ref name=epa09/> The next phase, which began in August 2010, removed the remaining ash from the Swan Pond Embayment of Watts Bar Reservoir.<ref name=ort>{{cite news|author=Oak Ridge Today staff|date=January 18, 2017|title=Watts Bar Reservoir has returned to conditions before Kingston coal ash spill, EPA says|url=https://oakridgetoday.com/2017/01/18/watts-bar-reservoir-has-returned-to-conditions-before-kingston-coal-ash-spill-epa-says/|work=]|location=Oak Ridge, Tennessee|access-date=2019-03-19|archive-url=https://web.archive.org/web/20171027183808/http://oakridgetoday.com/2017/01/18/watts-bar-reservoir-has-returned-to-conditions-before-kingston-coal-ash-spill-epa-says/|archive-date=October 27, 2017|url-status=live}}</ref> About 500,000 cubic yards of material, which mixed with the remains of leaked material from atomic energy production operations at ] during the Cold War, was left in the rivers.<ref name=ort/> The final phase of the cleanup consisted of assessments on the health and environmental effects of leaving this ash in the waterways.<ref name=ort/> The cleanup was completed in 2015, and cost approximately $1.134 billion.<ref name=ort/> In January 2017, the EPA announced that the ecosystems impacted by the spill had returned to conditions prior to the spill.<ref name=epa17>{{cite web |last=McDonald |first=Jason |date=January 12, 2017 |title=Watts Bar Reservoir Ecosystem Adjacent to TVA Kingston Facility Returns to Baseline Conditions |url=https://www.epa.gov/newsreleases/watts-bar-reservoir-ecosystem-adjacent-tva-kingston-facility-returns-baseline |publisher=EPA |access-date=2019-03-19|url-status=dead |archiveurl=https://web.archive.org/web/20170112221835/https://www.epa.gov/newsreleases/watts-bar-reservoir-ecosystem-adjacent-tva-kingston-facility-returns-baseline |archivedate=January 12, 2017 |id=Press Release}}</ref> During the first phase of the cleanup, known as the time-critical phase, over {{convert|3.5|e6cuyd|e6m3|abbr=off}} were removed within a year of the spill. This phase allowed the removal of ash from the river to be accelerated by 75% over original expectations. During this phase, the ash was safely transported to a permanent, lined, and ] collecting facility in ], called Arrowhead landfill. The Emory River was reopened in late spring 2010. The time-critical phase removed 90% of the ash located in the Emory River.<ref name=epa09>{{cite web |url= http://www.epakingstontva.com/Work%20Plan%20Approvals/Forms/AllItems.aspx?RootFolder=%2fWork%20Plan%20Approvals%2fOSC%20REPORT&FolderCTID=&View=%7bFD51B683%2dDA50%2d40E4%2dAFF8%2dA1C4757A0078%7d |title=EPA OSC Report for the Time Critical Removal Action |author=<!--Not stated-->|date=2009 |website=TVA Kingston Fossil Fuel Plant Release Site |publisher=EPA |access-date=2011-04-08|url-status=dead |archive-url=https://web.archive.org/web/20120322124249/http://www.epakingstontva.com/Work%20Plan%20Approvals/Forms/AllItems.aspx?RootFolder=%2fWork%20Plan%20Approvals%2fOSC%20REPORT&FolderCTID=&View=%7bFD51B683-DA50-40E4-AFF8-A1C4757A0078%7d. |archive-date=2012-03-22}}</ref> The next phase, which began in August 2010, removed the remaining ash from the Swan Pond Embayment of Watts Bar Reservoir.<ref name=ort>{{cite news |date=January 18, 2017 |title=Watts Bar Reservoir has returned to conditions before Kingston coal ash spill, EPA says |url=https://oakridgetoday.com/2017/01/18/watts-bar-reservoir-has-returned-to-conditions-before-kingston-coal-ash-spill-epa-says/ |work=Oak Ridge Today |location=Oak Ridge, TN |archive-url=https://web.archive.org/web/20171027183808/http://oakridgetoday.com/2017/01/18/watts-bar-reservoir-has-returned-to-conditions-before-kingston-coal-ash-spill-epa-says/|archive-date=October 27, 2017|url-status=live}}</ref> About {{convert|500,000|cuyd|m3}} of material, which mixed with the remains of leaked material from atomic energy production operations at ] during the Cold War, was left in the rivers. The final phase of the cleanup consisted of assessments on the health and environmental effects of leaving this ash in the waterways. The cleanup was completed in 2015 and cost approximately $1.134&nbsp;billion.<ref name=ort/> In January 2017 the EPA announced that the ecosystems impacted by the spill had returned to conditions prior to the spill.<ref name=epa17>{{cite web |last=McDonald |first=Jason |date=January 12, 2017 |title=Watts Bar Reservoir Ecosystem Adjacent to TVA Kingston Facility Returns to Baseline Conditions |url=https://www.epa.gov/newsreleases/watts-bar-reservoir-ecosystem-adjacent-tva-kingston-facility-returns-baseline |publisher=EPA |url-status=dead |archive-url=https://web.archive.org/web/20170112221835/https://www.epa.gov/newsreleases/watts-bar-reservoir-ecosystem-adjacent-tva-kingston-facility-returns-baseline |archive-date=January 12, 2017 |id=Press Release}}</ref>


During the cleanup TVA built a new protective levee around the pond, covered the ash pond with a {{convert|2|ft|m}} earthquake-proof clay layer, and replanted the areas damaged by the spill.<ref name=tfp05-15/> They also purchased 180 properties and 960 acres from landowners affected by the spill, and built a park on the former site of homes damaged by the spill.<ref>{{cite news |last=Gang |first=Duane W. |date=December 23, 2013|title=5 years after coal-ash spill, little has changed|url=https://www.usatoday.com/story/news/nation/2013/12/22/coal-ash-spill/4143995/ |work=USA Today |access-date=2019-03-19 |archive-url=https://web.archive.org/web/20190228093907/https://www.usatoday.com/story/news/nation/2013/12/22/coal-ash-spill/4143995/ |archive-date=February 28, 2019 |url-status=live}}</ref> They also made more than $43 million ] to the local governments to compensate for lost property and sales tax revenue.<ref name=tfp05-15>{{cite news|last=Flessner|first=Dave|date=May 10, 2015|title=TVA ready to sell reclaimed land after Kingston ash spill cleanup complete|url=https://www.timesfreepress.com/news/local/story/2015/may/10/reclaiming-kingston/303447/|work=Chattanooga|location=Chattanooga, Tennessee|access-date=2019-03-19|archive-url=https://web.archive.org/web/20171107022336/http://www.timesfreepress.com/news/local/story/2015/may/10/reclaiming-kingston/303447/|archive-date=November 7, 2017|url-status=live}}</ref> Shortly after the cleanup was complete, TVA began selling off some of the land that they had acquired around the spill.<ref name=tfp05-15/> During the cleanup TVA built a new protective levee around the pond, covered the ash pond with a {{convert|2|ft|cm|adj=on|spell=in|-1}} earthquake-proof clay layer, and replanted the areas damaged by the spill.<ref name=tfp05-15/> They also purchased 180 properties and {{convert|960|acre|ha}} from landowners affected by the spill and built a park on the former site of homes damaged by the spill.<ref>{{cite news |last=Gang |first=Duane W. |date=December 23, 2013 |title=5 years after coal-ash spill, little has changed |url=https://www.usatoday.com/story/news/nation/2013/12/22/coal-ash-spill/4143995/ |work=USA Today |access-date=2019-03-19 |archive-url=https://web.archive.org/web/20190228093907/https://www.usatoday.com/story/news/nation/2013/12/22/coal-ash-spill/4143995/ |archive-date=February 28, 2019 |url-status=live}}</ref> They also made more than $43&nbsp;million ] to the local governments to compensate for lost property and sales tax revenue.<ref name=tfp05-15>{{cite news |last=Flessner |first=Dave |date=May 10, 2015 |title=TVA ready to sell reclaimed land after Kingston ash spill cleanup complete |url=https://www.timesfreepress.com/news/local/story/2015/may/10/reclaiming-kingston/303447/|work=Chattanooga Times Free Press |archive-url=https://web.archive.org/web/20171107022336/http://www.timesfreepress.com/news/local/story/2015/may/10/reclaiming-kingston/303447/ |archive-date=November 7, 2017 |url-status=live}}</ref> Shortly after the cleanup was complete, TVA began selling off some of the land that they had acquired around the spill.<ref name=tfp05-15/>


==Legal actions== ==Legal actions==
===Legal actions and criticism of TVA and EPA===
On December 23, 2008 the environmental group ] asked for a criminal investigation into the incident, focusing on whether the TVA could have prevented the spill.<ref>{{cite news|url=http://www.greenpeace.org/usa/press-center/releases2/greenpeace-calls-for-criminal|title=Greenpeace calls for criminal investigation into coal ash spill|publisher=]|date=2008-12-23|accessdate=2009-01-09|archive-url=https://web.archive.org/web/20081230023103/http://www.greenpeace.org/usa/press-center/releases2/greenpeace-calls-for-criminal|archive-date=2008-12-30|url-status=dead}}</ref><ref>{{cite news|url=http://www.nbcnews.com/id/28390371|title=Sludge from dike is twice the original estimate|publisher=]|date=2008-12-26|accessdate=2009-01-09}}</ref> On December 30, 2008 a group of landowners filed suit against the TVA for $165 million in Tennessee state court.<ref name=Sue>{{cite news|url=http://abcnews.go.com/US/wireStory?id=6546366 |title=Landowners Sue TVA for $165M Over Coal Ash Spill |publisher=] |date=2008-12-30 |accessdate=2009-01-09 |url-status=dead |archiveurl=https://web.archive.org/web/20090528211536/http://abcnews.go.com/US/wireStory?id=6546366 |archivedate=May 28, 2009 }}</ref> Also on December 30, 2008 the ] announced its intention to sue the TVA under the federal ] and the ].<ref name=Sue /> On February 4, 2009, the EPA and TDEC issued a letter to TVA in which the EPA provided notice to TVA that they consider the release to be an unpermitted discharge of a pollutant in violation of the Clean Water Act.<ref name="EPAAOAC">{{cite web |url=http://www.tva.gov/kingston/tva_epa.pdf |title=Administrative Order and Agreement on Consent U.S. EPA Region 4 and Tennessee Valley Authority |publisher=TVA |date=2009-05-06|accessdate=2009-05-30 |archiveurl=https://web.archive.org/web/20090826133210/http://www.tva.gov/kingston/tva_epa.pdf |archivedate=2009-08-26}}</ref> On December 23, 2008, the environmental group ] asked for a criminal investigation into the incident, focusing on whether the TVA could have prevented the spill.<ref>{{cite news|url=http://www.greenpeace.org/usa/press-center/releases2/greenpeace-calls-for-criminal|title=Greenpeace calls for criminal investigation into coal ash spill|publisher=]|date=2008-12-23|access-date=2009-01-09|archive-url=https://web.archive.org/web/20081230023103/http://www.greenpeace.org/usa/press-center/releases2/greenpeace-calls-for-criminal|archive-date=2008-12-30|url-status=dead}}</ref><ref>{{cite news|url=https://www.nbcnews.com/id/wbna28390371|title=Sludge from dike is twice the original estimate|publisher=]|date=2008-12-26|access-date=2009-01-09}}</ref> On December 30, 2008, a group of landowners filed suit against the TVA for $165&nbsp;million in Tennessee state court.<ref name=Sue>{{cite news|url=https://abcnews.go.com/US/wireStory?id=6546366 |title=Landowners Sue TVA for $165M Over Coal Ash Spill |publisher=] |date=2008-12-30 |access-date=2009-01-09 |url-status=dead |archive-url=https://web.archive.org/web/20090528211536/https://abcnews.go.com/US/wireStory?id=6546366 |archive-date=May 28, 2009 }}</ref> Also on December 30 the ] announced its intention to sue the TVA under the federal ] and RCR.<ref name=Sue /> On February 4, 2009, the EPA and TDEC issued a letter to TVA in which the EPA provided notice to TVA that they consider the release to be an unpermitted discharge of a pollutant in violation of the Clean Water Act.<ref name="EPAAOAC">{{cite web |url=http://www.tva.gov/kingston/tva_epa.pdf |title=Administrative Order and Agreement on Consent U.S. EPA Region 4 and Tennessee Valley Authority |publisher=TVA |date=2009-05-06|access-date=2009-05-30 |archive-url=https://web.archive.org/web/20090826133210/http://www.tva.gov/kingston/tva_epa.pdf |archive-date=2009-08-26}}</ref>


On August 23, 2012, the ], representing more than 800 plaintiffs, found TVA liable for the spill. Judge ], issued an opinion stating that "TVA is liable for the ultimate failure of North Dike which flowed, in part, from TVA's negligent nondiscretionary conduct."<ref>{{cite news|last=Marcum|first=Ed|date=August 24, 2012|title=Found liable, TVA faces 800 plaintiffs in ash spill trial|url=http://www.knoxnews.com/news/2012/aug/24/found-liable-tva-faces-800-plaintiffs-in-ash/|work=Knoxnews.com|location=Knoxville, Tennessee|access-date=2019-06-16|url-status=dead|archiveurl=https://web.archive.org/web/20120829161117/http://www.knoxnews.com/news/2012/aug/24/found-liable-tva-faces-800-plaintiffs-in-ash/|archivedate=August 29, 2012}}</ref> The ruling ultimately found that TVA did not build the holding ponds according to the initial plan and failed to train its employees on how to properly inspect the dikes surrounding the ash ponds, leading ultimately to a failure to maintain the facility to prevent a rupture of the dikes.<ref>{{cite news|last=Patel|first=Sonal|date=August 30, 2012|title=Federal Court Holds TVA Liable for Kingston Coal Ash Spill|url=https://www.powermag.com/federal-court-holds-tva-liable-for-kingston-coal-ash-spill/|work=Power Magazine|access-date=2019-06-16|archive-url=https://web.archive.org/web/20190616191311/https://www.powermag.com/federal-court-holds-tva-liable-for-kingston-coal-ash-spill/|archive-date=June 16, 2019|url-status=live}}</ref> On August 23, 2012, the ], representing more than 800 plaintiffs, found TVA liable for the spill. Judge ] issued an opinion stating that "TVA is liable for the ultimate failure of North Dike which flowed, in part, from TVA's negligent nondiscretionary conduct."<ref>{{cite news |last=Marcum |first=Ed |date=August 24, 2012 |title=Found liable, TVA faces 800 plaintiffs in ash spill trial |url=http://www.knoxnews.com/news/2012/aug/24/found-liable-tva-faces-800-plaintiffs-in-ash/|work=Knoxville News Sentinel|access-date=2019-06-16 |url-status=dead |archive-url=https://web.archive.org/web/20120829161117/http://www.knoxnews.com/news/2012/aug/24/found-liable-tva-faces-800-plaintiffs-in-ash/ |archive-date=August 29, 2012}}</ref> The ruling ultimately found that TVA did not build the holding ponds according to the initial plan and failed to train its employees on how to properly inspect the dikes surrounding the ash ponds, leading ultimately to a failure to maintain the facility to prevent a rupture of the dikes.<ref>{{cite news |last=Patel |first=Sonal |date=August 30, 2012 |title=Federal Court Holds TVA Liable for Kingston Coal Ash Spill |url=https://www.powermag.com/federal-court-holds-tva-liable-for-kingston-coal-ash-spill/ |work=Power Magazine |access-date=2019-06-16 |archive-url=https://web.archive.org/web/20190616191311/https://www.powermag.com/federal-court-holds-tva-liable-for-kingston-coal-ash-spill/ |archive-date=June 16, 2019 |url-status=live}}</ref>


Some critics of the EPA's response claim that the choice of how to deal with the spilled coal ash was an act of ].<ref>{{cite news |last1=Dewan |first1=Shalia |title=Clash in Alabama Over Tennessee Coal Ash |url=https://www.nytimes.com/2009/08/30/us/30ash.html?mtrref=www.google.com |accessdate=21 June 2019 |work=The New York Times |date=August 29, 2009 |url-status=dead |archiveurl=https://web.archive.org/web/20160117032341/http://www.environmentalhealthnews.org/ehs/news/2016/jan/coal-ash-environmental-justice-epa-civil-rights |archivedate=17 January 2016 }}</ref><ref name="ehn">{{cite news |last1=Bienkowski |first1=Brian |title=Spotlight hits coal ash impact on poor and minority communities |url=http://www.environmentalhealthnews.org/ehs/news/2016/jan/coal-ash-environmental-justice-epa-civil-rights |accessdate=2019-06-21 |work=Environmental Health News |publisher=Environmental Health Sciences |date=January 14, 2016 |archive-url=https://web.archive.org/web/20170803182942/http://www.environmentalhealthnews.org/ehs/news/2016/jan/coal-ash-environmental-justice-epa-civil-rights |archive-date=August 3, 2017 |url-status=live }}</ref><ref name=":0">{{Cite web |url=https://e360.yale.edu/digest/five_questions_for_robert_bullard_on_the_flint_michigan_water_crisis |title=Five Questions for Robert Bullard On the Flint Water Crisis and Justice; E360 Digest |website=Yale Environment 360 |publisher=Yale School of Forestry & Environmental Studies |location=New Haven, CT |access-date=2018-06-08 |archive-url=https://web.archive.org/web/20180831215353/https://e360.yale.edu/digest/five_questions_for_robert_bullard_on_the_flint_michigan_water_crisis|archive-date=2018-08-31|url-status=live}}</ref> Roane County's population more than 94% ], and the EPA shipped the toxic coal ash 300 miles south to ], which has a population that is more than 90% ]. Dr. ], a champion for the victims of environmental racism, claims that the EPA's response was a prioritization of the health of Caucasian Americans over the health of African Americans.<ref>{{Cite news |url=https://www.washingtonpost.com/lifestyle/style/robert-bullard-pioneer-in-environmental-justice-is-honored-by-the-sierra-club/2013/09/24/88e0e882-251c-11e3-b3e9-d97fb087acd6_story.html |title=Robert Bullard, pioneer in environmental justice, is honored by the Sierra Club |last=Mock |first=Brentin |date=2013-09-24 |work=Washington Post |access-date=2018-06-08|language=en-US|issn=0190-8286|archive-url=https://web.archive.org/web/20180612141449/https://www.washingtonpost.com/lifestyle/style/robert-bullard-pioneer-in-environmental-justice-is-honored-by-the-sierra-club/2013/09/24/88e0e882-251c-11e3-b3e9-d97fb087acd6_story.html|archive-date=2018-06-12 |url-status=live}}</ref> In 2018, the EPA dismissed a complaint by the residents of Uniontown that claimed that the landfill was in violation of the ].<ref>{{cite news |last1=McKenna |first1=Phil |title=EPA Rejects Civil Rights Complaint Over Alabama Coal Ash Dump |url=https://insideclimatenews.org/news/07032018/epa-uniontown-coal-ash-civil-rights-ruling-landfill-alabama-tva-kingston-spill |accessdate=21 June 2019 |work=InsideClimate News |date=March 7, 2018 |archive-url=https://web.archive.org/web/20190621230931/https://insideclimatenews.org/news/07032018/epa-uniontown-coal-ash-civil-rights-ruling-landfill-alabama-tva-kingston-spill |archive-date=21 June 2019 |url-status=live }}</ref> Some critics of the EPA's response claim that the choice of how to deal with the spilled coal ash was an act of ].<ref>{{cite news |last1=Dewan |first1=Shalia |title=Clash in Alabama Over Tennessee Coal Ash |url=https://www.nytimes.com/2009/08/30/us/30ash.html?mtrref=www.google.com |work=The New York Times |date=August 29, 2009 |url-status=dead |archive-url=https://web.archive.org/web/20160117032341/http://www.environmentalhealthnews.org/ehs/news/2016/jan/coal-ash-environmental-justice-epa-civil-rights |archive-date=17 January 2016}}</ref><ref name="ehn">{{cite news |last1=Bienkowski |first1=Brian |title=Spotlight hits coal ash impact on poor and minority communities |url=http://www.environmentalhealthnews.org/ehs/news/2016/jan/coal-ash-environmental-justice-epa-civil-rights |access-date=2019-06-21 |work=Environmental Health News |publisher=Environmental Health Sciences |date=January 14, 2016 |archive-url=https://web.archive.org/web/20170803182942/http://www.environmentalhealthnews.org/ehs/news/2016/jan/coal-ash-environmental-justice-epa-civil-rights |archive-date=August 3, 2017 |url-status=live}}</ref><ref name=":0">{{Cite web |url=https://e360.yale.edu/digest/five_questions_for_robert_bullard_on_the_flint_michigan_water_crisis |title=Five Questions for Robert Bullard On the Flint Water Crisis and Justice; E360 Digest |website=Yale Environment 360 |publisher=Yale School of Forestry & Environmental Studies |location=New Haven, CT |access-date=2018-06-08 |archive-url=https://web.archive.org/web/20180831215353/https://e360.yale.edu/digest/five_questions_for_robert_bullard_on_the_flint_michigan_water_crisis|archive-date=2018-08-31|url-status=live}}</ref> Roane County's population is more than 94% ], and the EPA shipped the toxic coal ash {{convert|300|mi}} south to ], which has a population that is more than 90% ]. ], a champion for the victims of environmental racism, claimed that the EPA's response was a prioritization of the health of Caucasian Americans over the health of African Americans.<ref>{{Cite news |url=https://www.washingtonpost.com/lifestyle/style/robert-bullard-pioneer-in-environmental-justice-is-honored-by-the-sierra-club/2013/09/24/88e0e882-251c-11e3-b3e9-d97fb087acd6_story.html |title=Robert Bullard, pioneer in environmental justice, is honored by the Sierra Club |last=Mock |first=Brentin |date=2013-09-24 |newspaper=The Washington Post |access-date=2018-06-08|language=en-US|issn=0190-8286|archive-url=https://web.archive.org/web/20180612141449/https://www.washingtonpost.com/lifestyle/style/robert-bullard-pioneer-in-environmental-justice-is-honored-by-the-sierra-club/2013/09/24/88e0e882-251c-11e3-b3e9-d97fb087acd6_story.html|archive-date=2018-06-12 |url-status=live}}</ref> In 2018, the EPA dismissed a complaint by the residents of Uniontown that charged that the landfill was in violation of the ].<ref>{{cite news |last1=McKenna |first1=Phil |title=EPA Rejects Civil Rights Complaint Over Alabama Coal Ash Dump |url=https://insideclimatenews.org/news/07032018/epa-uniontown-coal-ash-civil-rights-ruling-landfill-alabama-tva-kingston-spill |work=Inside Climate News |date=March 7, 2018 |archive-url=https://web.archive.org/web/20190621230931/https://insideclimatenews.org/news/07032018/epa-uniontown-coal-ash-civil-rights-ruling-landfill-alabama-tva-kingston-spill |archive-date=21 June 2019 |url-status=live }}</ref>


===Health effects on workers===
A number of workers suffered health effects in the years following the spill at the cleanup site.<ref>{{cite news|last=Wilkins|first=Jason Moon|date=August 24, 2018|title=Workers Who Cleaned Up The Kingston Coal Ash Spill Say They Were Misled About The Danger|url=https://www.nashvillepublicradio.org/post/workers-who-cleaned-kingston-coal-ash-spill-say-they-were-misled-about-danger#stream/0|work=]|location=Nashville, Tennessee|access-date=2019-03-19|archive-url=https://web.archive.org/web/20180825123636/http://www.nashvillepublicradio.org/post/workers-who-cleaned-kingston-coal-ash-spill-say-they-were-misled-about-danger#stream/0|archive-date=August 25, 2018|url-status=live}}</ref> By the ten year anniversary of the event, hundreds of workers had been sickened and more than 30 had died.<ref name=kn10>{{cite news|last=Satterfield|first=Jamie|date=December 22, 2019|title=On 10th anniversary of Kingston coal ash spill, workers who went 'through hell and back' honored|url=https://www.knoxnews.com/story/news/crime/2018/12/22/kingston-coal-ash-spill-workers-10th-anniversary/2333826002/|work=Knoxville News-Sentinel|location=Knoxville, Tennessee|access-date=2019-03-19|archive-url=https://web.archive.org/web/20181223183347/https://www.knoxnews.com/story/news/crime/2018/12/22/kingston-coal-ash-spill-workers-10th-anniversary/2333826002/|archive-date=December 23, 2018|url-status=live}}</ref> In 2013, 50 workers and their families<ref name=Sullivan>{{Cite news|url=https://www.mensjournal.com/features/coal-disaster-killing-scores-rural-americans/|title=A Lawyer, 40 Dead Americans, and a Billion Gallons of Coal Sludge|last=Sullivan|first=J.R.|date=September 2019|work=Men's Journal|access-date=November 2, 2019|archive-url=https://web.archive.org/web/20191102150952/https://www.mensjournal.com/features/coal-disaster-killing-scores-rural-americans/|archive-date=2019-11-02|url-status=live}}</ref> filed a lawsuit against contractor Jacobs Engineering. They were represented by Knoxville lawyer James K. Scott.<ref name=Sullivan/> This lawsuit was dismissed by judge Thomas A. Varlan, chief justice for the ] the following year.<ref name=timeline/> This ruling was reversed by the ] after evidence was discovered that Jacobs Engineering had misled the workers about the dangers of coal ash.<ref name=timeline/> A federal jury ruled in favor of the workers seeking compensation in November 2018. Numerous workers suffered health effects in the years following the spill at the cleanup site.<ref>{{cite news |last=Wilkins |first=Jason Moon |date=August 24, 2018 |title=Workers Who Cleaned Up The Kingston Coal Ash Spill Say They Were Misled About The Danger |url=https://www.nashvillepublicradio.org/post/workers-who-cleaned-kingston-coal-ash-spill-say-they-were-misled-about-danger#stream/0 |work=Nashville Public Radio |archive-url=https://web.archive.org/web/20180825123636/http://www.nashvillepublicradio.org/post/workers-who-cleaned-kingston-coal-ash-spill-say-they-were-misled-about-danger#stream/0 |archive-date=August 25, 2018 |url-status=live}}</ref> As early as 2012, workers began to report illnesses that they believed were caused by the cleanup,<ref name=Sullivan/> and by the ten-year anniversary of the event, hundreds of workers had been sickened, and more than 30 had died.<ref name=kn10>{{cite news |last=Satterfield |first=Jamie |date=December 22, 2018 |title=On 10th anniversary of Kingston coal ash spill, workers who went 'through hell and back' honored |url=https://www.knoxnews.com/story/news/crime/2018/12/22/kingston-coal-ash-spill-workers-10th-anniversary/2333826002/ |work=Knoxville News-Sentinel |archive-url=https://web.archive.org/web/20181223183347/https://www.knoxnews.com/story/news/crime/2018/12/22/kingston-coal-ash-spill-workers-10th-anniversary/2333826002/ |archive-date=December 23, 2018 |url-status=live}}</ref> In 2013, 50 workers and their families filed a lawsuit against contractor Jacobs Engineering.<ref name=Sullivan>{{Cite news |url=https://www.mensjournal.com/features/coal-disaster-killing-scores-rural-americans/ |title=A Lawyer, 40 Dead Americans, and a Billion Gallons of Coal Sludge |last=Sullivan |first=J.R .|date=September 2019 |work=Men's Journal |access-date=November 2, 2019 |archive-url=https://web.archive.org/web/20191102150952/https://www.mensjournal.com/features/coal-disaster-killing-scores-rural-americans/ |archive-date=2019-11-02 |url-status=live}}</ref> This lawsuit was dismissed by Judge Varlan the following year.<ref name=timeline/> This ruling was reversed by the ] in 2015 after evidence was discovered that Jacobs Engineering had misled the workers about the dangers of coal ash.<ref name=timeline/> A federal jury ruled in favor of the workers seeking compensation on November 7, 2018. The ruling held that Jacobs Engineering had failed to keep the workers safe from environmental hazards and had misled them about the dangers of coal ash, mainly by claiming that extra protective equipment, such as masks and protective clothing, was unnecessary.<ref name=knoxnews1118>{{cite news |url=https://www.knoxnews.com/story/news/crime/2018/11/07/verdict-reached-favor-sickened-workers-coal-ash-cleanup-lawsuit/1917514002/ |title=Jury: Jacobs Engineering endangered Kingston disaster clean-up workers |last=Satterfield |first=Jamie |work=Knoxville News Sentinel |date=November 7, 2018 |archive-url=https://web.archive.org/web/20181107221158/https://www.knoxnews.com/story/news/crime/2018/11/07/verdict-reached-favor-sickened-workers-coal-ash-cleanup-lawsuit/1917514002/ |archive-date=November 7, 2018 |url-status=live}}</ref>


Despite the ruling, Jacobs Engineering has maintained that it acted appropriately. Tom Bock, the top Jacobs safety officer on-site, claimed that many of the accusations about the cleanup effort and safety of the workers were false or contained misinformation. An attorney for Jacobs Engineering also claimed that the company had not been found liable for the illnesses contracted by the workers.<ref name=Sullivan/> On May 18, 2022, the Sixth Circuit Court of Appeals rejected a claim by Jacobs Engineering that the company was immune from lawsuits since it was contracted by a federal agency. The ruling also found that TVA was not immune from legal actions either.<ref>{{cite news |last1=Yoganathan |first1=Anila |title=6th U.S. Circuit Court of Appeals denies immunity in coal ash cleanup for TVA contractor Jacobs Engineering |url=https://www.knoxnews.com/story/news/local/tennessee/tvacoalash/2022/05/18/federal-appeals-court-denies-immunity-tva-contractor-jacobs-engineering-coal-ash-case/9824978002/ |access-date=December 20, 2023 |work=The Knoxville News-Sentinel |date=May 18, 2023}}</ref> TVA has also denied wrongdoing in the case, but in September 2019 a TVA board member was reported to have told a ] that he would not allow a member of his family to clean up coal ash without a dust mask.<ref>{{Cite web |url=https://www.mensjournal.com/features/t-v-a-board-member-would-absolutely-not-let-family-clean-coal-ash/ |title=T.V.A. Board Member Would "Absolutely Not" Let Family Clean Up Coal Ash |date=2019-09-06 |publisher=Men's Journal}}</ref>
The ruling held that Jacobs Engineering had failed to keep the workers safe from environmental hazards, and had misled them about the dangers of coal ash, mainly by claiming that extra protective equipment, such as masks and protective clothing, was unnecessary.<ref>{{cite news|url=https://www.knoxnews.com/story/news/crime/2018/11/07/verdict-reached-favor-sickened-workers-coal-ash-cleanup-lawsuit/1917514002/|title=Jury: Jacobs Engineering endangered Kingston disaster clean-up workers|last=Satterfield|first=Jamie|newspaper=Knoxville News Sentinel|date=November 7, 2018|accessdate=November 8, 2018|archive-url=https://web.archive.org/web/20181107221158/https://www.knoxnews.com/story/news/crime/2018/11/07/verdict-reached-favor-sickened-workers-coal-ash-cleanup-lawsuit/1917514002/|archive-date=November 7, 2018|url-status=live}}</ref>


In what would have been phase two of the trial, the Kingston clean-up workers would have been able to seek damages.<ref name=Sullivan/> In April 2020, 52 workers rejected a $10&nbsp;million settlement offered by Jacobs Engineering.<ref>{{cite news |last=Powers |first=Mary B. |date=April 21, 2020 |title=Coal-Ash Spill Cleanup Workers Reject Reputed $10M Exposure Settlement |url=https://www.enr.com/articles/49225-coal-ash-spill-cleanup-workers-reject-reputed-10m-exposure-settlement |work=Engineering News-Record}}</ref> On May 23, 2023, it was announced that Jacobs Engineering, which had rebranded the previous year as Jacobs Solutions, had reached a final settlement with more than 200 workers. The terms of this settlement were kept confidential. It was also reported at this time that the workers had rejected at least three other settlement offers, including one for $35&nbsp;million in late 2021.<ref>{{cite news |last=Yoganathan |first=Anila |date=May 23, 2023 |title=Kingston coal ash settlement: What it means for the cleanup workers who sued |url=https://www.knoxnews.com/story/news/local/tennessee/tvacoalash/2023/05/23/kingston-coal-ash-settlement-what-it-means-workers-jacobs-solutions/70246544007/ |work=The Knoxville News-Sentinel |access-date=December 19, 2023}}</ref><ref>{{cite news |last=Satterfield |first=Jamie |date=May 23, 2023 |title=Jacobs Engineering settles Kingston coal ash case |url=https://tennesseelookout.com/2023/05/23/jacobs-engineering-settles-kingston-coal-ash-case/ |work=Tennessee Lookout |location=Nashville |access-date=December 19, 2023}}</ref>
In the months following the ruling, Jacobs Engineering has maintained that it acted appropriately. Tom Bock, the top Jacobs safety officer on-site, told '']'',<ref name=Sullivan/> "There have been many false accusations and much misinformation published about worker protection, but I think the Kingston Cleanup safety team did a great job.” A Jacobs attorney added, “There has been no finding of liability in these cases or that any of the alleged injuries are the result of exposure to coal ash, let alone caused by anything Jacobs did. Jacobs strongly believes that when all the evidence is presented, it will vindicate Jacobs’ stellar reputation for safety.”<ref name=Sullivan/> Similarly, T.V.A. has admitted no wrongdoing. In September 2019, however, ] reported that a TVA board member told a Senate committee that he would “absolutely not” allow a member of his family to clean up coal ash without a dust mask<ref>{{Cite web|url=https://www.mensjournal.com/features/t-v-a-board-member-would-absolutely-not-let-family-clean-coal-ash/|title=T.V.A. Board Member Would “Absolutely Not” Let Family Clean Up Coal Ash|date=2019-09-06|website=Men's Journal|language=en-US|access-date=2019-11-02}}</ref>.

In a phase two of the trial, the Kingston clean-up workers will be able to seek damages, assuming Jacobs chooses not to settle.<ref name=Sullivan/>


==See also== ==See also==
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==References== ==References==
{{reflist|30em}} {{reflist}}

==Further reading==
* {{cite book |last1=Sullivan |first1=Jared |title=Valley So Low: One Lawyer's Fight for Justice in the Wake of America's Great Coal Catastrophe |date=2024 |publisher=Knopf |isbn=978-0593321119}}


==External links== ==External links==
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Latest revision as of 23:20, 22 December 2024

2008 environmental disaster in Tennessee, US

Kingston Fossil Plant Spill
Aerial photograph of site taken the day after the event
DateDecember 22, 2008 (2008-12-22)
LocationKingston Fossil Plant, Kingston, Roane County, Tennessee, United States
Coordinates35°54′53″N 84°30′44″W / 35.91472°N 84.51222°W / 35.91472; -84.51222
TypeCoal ash spill
CauseDike breach at coal ash storage pond
Outcome1.1 billion US gal (4.2 million m) released
Casualties
  • No reported injuries or deaths from initial spill.
  • ~40 deaths and 250+ illnesses related to cleanup.

The Kingston Fossil Plant Spill was an environmental and industrial disaster that occurred on December 22, 2008, when a dike ruptured at a coal ash pond at the Tennessee Valley Authority's Kingston Fossil Plant in Roane County, Tennessee, releasing 1.1 billion US gallons (4.2 million cubic metres) of coal fly ash slurry. The coal-fired power plant, located across the Clinch River from the city of Kingston, used a series of ponds to store and dewater the fly ash, a byproduct of coal combustion. The spill released a slurry of fly ash and water which traveled across the Emory River and its Swan Pond embayment onto the opposite shore, covering up to 300 acres (1.2 km) of the surrounding land. The spill damaged multiple homes and flowed into nearby waterways including the Emory River and Clinch River, both tributaries of the Tennessee River. It was the largest industrial spill in United States history.

The initial spill, which resulted in millions of dollars worth of property damages and rendered many properties uninhabitable, cost TVA more than $1 billion to clean up and was declared complete in 2015. TVA was found liable for the spill in August 2012 by the U.S. District Court for the Eastern District of Tennessee. The initial spill resulted in no injuries or deaths, but several of the employees of an engineering firm hired by TVA to clean up the spill developed illnesses, including brain cancer, lung cancer, and leukemia, as a result of exposure to the toxic coal ash, and more than 30 had died within 10 years of the spill. In November 2018, a federal jury ruled that the contractor did not properly inform the workers about the dangers of exposure to coal ash and had failed to provide them with necessary personal protective equipment. After rejecting multiple offers, workers reached a settlement with the contractor in May 2023.

Background

Original design of the ash disposal area

The Kingston Fossil Plant is located on a peninsula at the junction of the Emory River (to the north) and Clinch River (to the south and east), just over 4 miles (6 km) upstream from the latter's mouth along the Tennessee River. Watts Bar Dam, located along the Tennessee 38 miles (61 km) downstream from the mouth of the Clinch, impounds a reservoir (Watts Bar Lake) that spans a 72-mile (116 km) stretch of the Tennessee (to Fort Loudoun Dam), the lower 23 miles (37 km) of the Clinch (to Melton Hill Dam), and the lower 12 miles (19 km) of the Emory. The plant, originally known as the Kingston Steam Plant, began operations in 1954, primarily to provide electricity to atomic energy installations at nearby Oak Ridge. The plant contains nine units with a combined generating capacity of 1,398 megawatts and burns about 14,000 tonnes of coal every day. It was the largest coal-fired power plant in the world when it was completed.

The plant's ash pond disposal area is located immediately north of the plant along the Emory River shore and was subdivided into three separate sections—the main ash pond, stilling pond, and dewatering pond—for the different steps of the disposal process. The entire ash pond was impounded by a dike that rose 60 feet (18 m) above the winter level and 741 feet (226 m) above sea level. Fly ash is the fine particulate matter produced by the combustion of coal, which is collected rather than allowing it to escape into the atmosphere. Once this is complete in the wet disposal method, it is mixed with water and pumped into a retaining pond, known as the main ash pond at the Kingston Plant, where the ash gradually settled to the bottom. Once the particulate matter settled out, the water was pumped to the stilling pond, where the remaining solids settled, and the ash was dredged and moved to drying cells in the 84-acre (0.34 km) unlined above-ground dewatering pond, also known as the solid waste containment pond, where the spill took place. At the time of the spill, the dredge cells contained a watery slurry of fly ash generated by the burning of finely ground coal at the power plant.

TVA had reportedly known about the dangers of using wet storage ponds for coal ash since a 1969 spill in Virginia in which coal ash seeped into the Clinch River and killed large numbers of fish. TVA officials were also confirmed to have been aware of the toxicity of coal ash as early as 1981. In the 1980s, TVA engineers raised concerns about the stability of ash ponds. The utility repeatedly found leaks in levees and seepage in the soil at many of their ash ponds, including the ones at Kingston. However, TVA continued to make small repairs instead of switch to dry storage systems in an effort to reduce costs. At the time of the disaster, TVA was using wet storage at six of their 11 coal-fired power plants.

Leaks at the Kingston ash ponds had reportedly been taking place since the early 1980s, and local residents said that the spill was not a unique occurrence. The 1960s-era pond had been observed leaking and being repaired nearly every year since 2001. The two worst leaks occurred in 2003 and 2006 in which TVA suspended all ash deposits in the ponds to allow the dredge cells to dry out and stabilize. An October 2008 inspection report had identified a small leak in the faulty wall, but the report was not yet complete at the time of the spill.

Event

Dike breach and spill

A collapsed house inundated by the spill

The spill began sometime between midnight and 1 a.m. Eastern Standard Time on December 22, 2008, when the dike surrounding the ash containment dewatering pond broke. The breach occurred at the northwest corner of the dewatering pond, overlooking the Swan Pond Creek spillway. The spill consisted of an initial large wave which lasted for approximately one minute, followed by a series of smaller consecutive waves of breaking away and sliding that occurred over a period of approximately one hour.

TVA and the Environmental Protection Agency (EPA) initially estimated that the spill released 1.7 million cubic yards (1.3 million cubic metres) of sludge, which is gray in color. After an aerial survey, the official estimate was more than tripled to 5.4 million cu yd (4.1 million m) on December 25, 2008.

Effects

The spill covered surrounding land with up to six feet (1.8 m) of sludge. Although the land surrounding the power plant is largely rural, the spill caused a mudflow wave of water and ash that covered 12 homes, pushing one entirely off its foundation, rendering three uninhabitable, and caused some damage to 42 residential properties. It also washed out a road, ruptured a major gas line, obstructed a rail line, preventing a train delivering coal from reaching the plant, downed trees, broke a water main, and destroyed power lines. Though 22 residences were evacuated, nobody was reported to be injured or in need of hospitalization. However, research shows that the event had significant negative effects on mental health for people affected and in the area. It was the largest industrial spill in United States history, more than three times the size of the Martin County coal slurry spill of 2000, which spilled 306 million US gallons (1.16 million cubic metres) of slurry. The 1.1 billion US gal (4.2 million m) of sludge were enough to fill 1,660 Olympic-size swimming pools, and the volume released was about 100 times larger than the 1989 Exxon Valdez oil spill and about 10 times greater than the volume released in the 2010 Deepwater Horizon oil spill, the largest oil spill in history.

The next day, TVA spokesman Gil Francis Jr. stated that, at the time of the spill, the area contained about 2.6 million cubic yards (2.0 million cubic metres) of ash and that two-thirds of that had been released, which would later be found to cover an area of 300 acres (1.2 km). The New York Times noted that the amount spilled was larger than the amount stated to have been in the pond before the spill, a discrepancy the TVA was unable to explain. The spill did not affect the adjacent retaining and stilling ponds; the other two stayed intact, while only the retaining wall for the 84-acre (0.34 km) solid waste containment area was affected.

The confluence of the Clinch and Emory Rivers, with the Kingston Fossil Plant in the distance, five days after the spill. The white foam floating on the water consists of cenospheres, which are a component of the ash.

The spill was reported to have killed and buried multiple deer and at least one dog, and ejected fish from the Emory River onto the river bank as far as 40 feet (12 m) from the shore. The contamination effects in the rivers killed an extremely large number of fish and other aquatic life. Large numbers of dead fish were reported as far as the Tennessee River and other area tributaries in the aftermath of the spill.

Cause

Engineering firm AECOM was hired by TVA to investigate the cause of the spill. A report released in June 2009 identified the main cause of the spill as the result of slippage of an unstable layer of fine wet coal ash underneath the pond. The report also identified other factors including the terraced retaining walls on top of the wet ash, which narrowed the area for storing the ash and in turn increased the pressure exerted on the dike by the rising stacks. The Kingston Fossil Plant had received 6.48 inches (165 mm) of rain between December 1 and December 22, plus 1.16 inches (29 mm) on November 29 and 30. This rain combined with 12 °F (−11 °C) temperatures were identified by TVA as factors that contributed to the failure of the earthen embankment.

Response

Response from TVA and government officials

We deeply regret that a retention wall for ash containment at our Kingston Fossil Plant failed, resulting in an ash slide and damage to nearby homes.

—TVA statement released the day after the spill.

The day after the spill, TVA released a statement acknowledging the spill and apologizing for its damage to nearby homes. Francis said that the TVA was "taking steps to stabilize runoff from this incident." Residents and environmental groups expressed concern that the fly ash slurry could become more dangerous once it dried out. On January 1, 2009, the TVA disseminated a fact sheet stating that the ash is "not hazardous."

Tennessee Governor Phil Bredesen toured the spill site on December 31. The United States Senate Committee on Environment and Public Works, which oversees the TVA, held a hearing on January 8 to examine the disaster. Environmental activist Erin Brockovich visited the site on January 8 and spoke with residents affected by the spill.

Water quality and efforts to stop the spill

A 25-foot (7.6 m) wall of ash approximately 1 mile (1.6 km) from the retention pond

Immediately after the spill, the EPA and Tennessee Department of Environment and Conservation (TDEC) began testing the water quality of the area affected by the spill. Although residents feared water contamination, early tests of water six miles (10 km) upstream of the ash flow showed that the public water supply met drinking water standards. A test of river water near the spill showed elevated levels of lead and thallium, and "barely detectable" levels of mercury and arsenic. On January 1 the first independent test results, conducted at the Environmental Toxicology and Chemistry laboratories at Appalachian State University, showed significantly elevated levels of toxic metals, including arsenic, copper, barium, cadmium, chromium, lead, mercury, nickel, and thallium in samples of slurry and river water.

The day after the spill Tennessee Emergency Management Agency indicated that barriers would be constructed to stop the ash from reaching the Tennessee River. By early on December 24 a flyover by The New York Times did note repair work being done on the nearby railroad, which had been obstructed when 78,000 cubic yards (60,000 m) of sludge-covered tracks. By the afternoon of that day, dump trucks were being used to deposit rock into the Clinch River to prevent the further downstream contamination. The TVA also slowed the river flow, for the same purpose. The slurry that was cleared from Swan Pond Road was brought back to one of the plant's intact containment ponds. By December 30 the TVA had announced it was requesting the assistance of the Army Corps of Engineers to dredge the ash-filled Emory River to restore navigation. On January 1 the TVA announced that rather than attempting to clear away all of the slurry, they would be spraying seed, straw, and mulch on top of much of it to prevent dust scattering and erosion.

In response to independent attempts at sampling of the water quality and the taking of photos, the TVA illegally detained, for approximately one hour, two members of the Knoxville-based environmental organization United Mountain Defense who were traversing public land in the area of the spill and warned three other individuals that any attempt to enter the public waterway would lead to prosecution. On December 26 TDEC stated that it was satisfied with the water quality in the wake of the spill but that it would continue to examine and deal with the potential for chronic health effects.

Coal ash issues

The spill immediately reignited the debate about the regulation of coal ash. In response to a video that showed dead fish on the Clinch River, which had received runoff from the spill, Francis stated "in terms of toxicity, until an analysis comes in, you can't call it toxic." He continued by saying that "it does have some heavy metals within it, but it's not toxic or anything." Chandra Taylor, an attorney with the Southern Environmental Law Center, called this statement irresponsible and stated that coal fly ash contains concentrated amounts of mercury, arsenic, and benzene. She added, "These things are naturally occurring, but they concentrate in the burning process and the residual is more toxic than it starts." Nevertheless, due to pressure exerted in 2000 by utilities, the coal industry, and Clinton administration officials, fly ash is not strictly regulated as a hazardous waste by the EPA.

Lisa Evans, an attorney for the environmental group Earthjustice, spoke out against the government, accusing them of lax regulations on the issue. She also blamed the electric power and coal industries for ineffective safeguards, citing other similar cases. She stated the issue of proper disposal of coal ash is not an extremely complicated problem and that utilities know how to solve it. Thomas J. FitzGerald, the director of the environmental group Kentucky Resources Council and an expert on coal waste, reported that the ash should have been buried in lined landfills to prevent toxins leaching into the soil and groundwater, as recommended in a 2006 EPA report, and stated that he found it hard to believe that the state of Tennessee would have approved the ash disposal sites at the plant as a permanent disposal site. Bredesen acknowledged that TDEC, which regulates coal disposal, may have relied too much on TVA's own inspections and engineering studies about the ash ponds and dredge cells, and promised that there would be an extensive investigation into the cause of the spill in order to prevent similar disasters.

Concern was also expressed by environmental groups and local residents that no warnings were issued to residents living in the area about the potential dangers of the site after the spill. On December 27 TVA issued a list of precautions to residents but did not provide information about specific levels of toxic materials in the ash, although multiple environmental activists reported that they believed that TVA knew about the contents of the ash because they had tested it prior to the spill. The TVA released an inventory of the plant's byproducts on December 29; it included arsenic, lead, barium, chromium, and manganese. Because the pond contained decades worth of ash from coal of several different types, it was believed that the area of the spill may have contained isolated patches of higher toxicity.

At her Senate confirmation hearing on January 14, 2009, Lisa P. Jackson, then president-elect Barack Obama's choice to head the EPA under his administration, stated her intention to immediately review coal ash disposal sites across the country. Also on January 14 Nick J. Rahall, a U.S. Representative from West Virginia and the chairman of the United States House Committee on Natural Resources, introduced a bill to regulate coal ash disposal sites across the United States. That year, TVA committed to switching all of the ash storage facilities at their coal fired plants over to dry byproduct methods, which would reduce the chances of another spill. This was completed by 2022 at a cost of $2 billion. At the time of the spill, five TVA-operated plants used this method, while Kingston and another five used a wet process with ponds.

Regulation development

Following the spill, the EPA began developing regulations that would apply to all ash ponds in the U.S. The EPA published a Coal Combustion Residuals (CCR) regulation in 2015. The agency continued to classify coal ash as non-hazardous, thereby avoiding strict permitting requirements under Subtitle C of the Resource Conservation and Recovery Act (RCRA), but with new restrictions:

  1. Existing ash ponds that are contaminating groundwater must stop receiving CCR, and close or retrofit with a liner.
  2. Existing ash ponds and landfills must comply with structural and location restrictions, where applicable, or close.
  3. A pond no longer receiving CCR is still subject to all regulations unless it is dewatered and covered by 2018.
  4. New ponds and landfills must include a geomembrane liner over a layer of compacted soil.

Some of the provisions in the 2015 CCR regulation were challenged in litigation, and the United States Court of Appeals for the District of Columbia Circuit remanded certain portions of the regulation to EPA for further rulemaking. The EPA published a final RCR regulation on August 28, 2020, requiring all unlined ash ponds to retrofit with liners or close by April 11, 2021. Some facilities may apply to obtain additional time—up to 2028—to find alternatives for managing ash wastes before closing their surface impoundments. EPA published its "CCR Part B" rule on November 12, 2020, which allows certain facilities to use an alternative liner, based on a demonstration that human health and the environment will not be affected. These facilities were to submit their demonstration data by November 30, 2021.

Cleanup

Aerial footage of the spill

The EPA first estimated that the spill would take four to six weeks to clean up; however, Taylor said the cleanup could take months and possibly years. As of June 2009, six months following the spill, only 3% of the spill had been cleaned and was estimated to cost between $675 and $975 million to clean, according to the TVA. TVA hired California-based Jacobs Engineering to clean up the spill. The cleanup was accomplished under guidelines set by the Comprehensive Environmental Response, Compensation and Liability Act. However, the workers were not provided with personal protective equipment necessary to prevent exposure to hazardous chemicals contained within the coal ash. On May 11, 2009, TVA and EPA announced an order and agreement that documents the relationship between TVA and EPA in managing the clean-up of the Kingston ash spill, further ensuring that TVA would meet all federal and state environmental requirements in restoring affected areas.

During the first phase of the cleanup, known as the time-critical phase, over 3.5 million cubic yards (2.7 million cubic metres) were removed within a year of the spill. This phase allowed the removal of ash from the river to be accelerated by 75% over original expectations. During this phase, the ash was safely transported to a permanent, lined, and leachate collecting facility in Perry County, Alabama, called Arrowhead landfill. The Emory River was reopened in late spring 2010. The time-critical phase removed 90% of the ash located in the Emory River. The next phase, which began in August 2010, removed the remaining ash from the Swan Pond Embayment of Watts Bar Reservoir. About 500,000 cubic yards (380,000 m) of material, which mixed with the remains of leaked material from atomic energy production operations at Oak Ridge National Laboratory during the Cold War, was left in the rivers. The final phase of the cleanup consisted of assessments on the health and environmental effects of leaving this ash in the waterways. The cleanup was completed in 2015 and cost approximately $1.134 billion. In January 2017 the EPA announced that the ecosystems impacted by the spill had returned to conditions prior to the spill.

During the cleanup TVA built a new protective levee around the pond, covered the ash pond with a two-foot (60 cm) earthquake-proof clay layer, and replanted the areas damaged by the spill. They also purchased 180 properties and 960 acres (390 ha) from landowners affected by the spill and built a park on the former site of homes damaged by the spill. They also made more than $43 million in-lieu-of-tax payments to the local governments to compensate for lost property and sales tax revenue. Shortly after the cleanup was complete, TVA began selling off some of the land that they had acquired around the spill.

Legal actions

Legal actions and criticism of TVA and EPA

On December 23, 2008, the environmental group Greenpeace asked for a criminal investigation into the incident, focusing on whether the TVA could have prevented the spill. On December 30, 2008, a group of landowners filed suit against the TVA for $165 million in Tennessee state court. Also on December 30 the Southern Alliance for Clean Energy announced its intention to sue the TVA under the federal Clean Water Act and RCR. On February 4, 2009, the EPA and TDEC issued a letter to TVA in which the EPA provided notice to TVA that they consider the release to be an unpermitted discharge of a pollutant in violation of the Clean Water Act.

On August 23, 2012, the U.S. District Court for the Eastern District of Tennessee, representing more than 800 plaintiffs, found TVA liable for the spill. Judge Thomas A. Varlan issued an opinion stating that "TVA is liable for the ultimate failure of North Dike which flowed, in part, from TVA's negligent nondiscretionary conduct." The ruling ultimately found that TVA did not build the holding ponds according to the initial plan and failed to train its employees on how to properly inspect the dikes surrounding the ash ponds, leading ultimately to a failure to maintain the facility to prevent a rupture of the dikes.

Some critics of the EPA's response claim that the choice of how to deal with the spilled coal ash was an act of environmental racism. Roane County's population is more than 94% White, and the EPA shipped the toxic coal ash 300 miles (480 km) south to Uniontown, Alabama, which has a population that is more than 90% African American. Robert D. Bullard, a champion for the victims of environmental racism, claimed that the EPA's response was a prioritization of the health of Caucasian Americans over the health of African Americans. In 2018, the EPA dismissed a complaint by the residents of Uniontown that charged that the landfill was in violation of the Civil Rights Act of 1964.

Health effects on workers

Numerous workers suffered health effects in the years following the spill at the cleanup site. As early as 2012, workers began to report illnesses that they believed were caused by the cleanup, and by the ten-year anniversary of the event, hundreds of workers had been sickened, and more than 30 had died. In 2013, 50 workers and their families filed a lawsuit against contractor Jacobs Engineering. This lawsuit was dismissed by Judge Varlan the following year. This ruling was reversed by the U.S. Court of Appeals for the Sixth Circuit in 2015 after evidence was discovered that Jacobs Engineering had misled the workers about the dangers of coal ash. A federal jury ruled in favor of the workers seeking compensation on November 7, 2018. The ruling held that Jacobs Engineering had failed to keep the workers safe from environmental hazards and had misled them about the dangers of coal ash, mainly by claiming that extra protective equipment, such as masks and protective clothing, was unnecessary.

Despite the ruling, Jacobs Engineering has maintained that it acted appropriately. Tom Bock, the top Jacobs safety officer on-site, claimed that many of the accusations about the cleanup effort and safety of the workers were false or contained misinformation. An attorney for Jacobs Engineering also claimed that the company had not been found liable for the illnesses contracted by the workers. On May 18, 2022, the Sixth Circuit Court of Appeals rejected a claim by Jacobs Engineering that the company was immune from lawsuits since it was contracted by a federal agency. The ruling also found that TVA was not immune from legal actions either. TVA has also denied wrongdoing in the case, but in September 2019 a TVA board member was reported to have told a U.S. Senate committee that he would not allow a member of his family to clean up coal ash without a dust mask.

In what would have been phase two of the trial, the Kingston clean-up workers would have been able to seek damages. In April 2020, 52 workers rejected a $10 million settlement offered by Jacobs Engineering. On May 23, 2023, it was announced that Jacobs Engineering, which had rebranded the previous year as Jacobs Solutions, had reached a final settlement with more than 200 workers. The terms of this settlement were kept confidential. It was also reported at this time that the workers had rejected at least three other settlement offers, including one for $35 million in late 2021.

See also

References

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Further reading

  • Sullivan, Jared (2024). Valley So Low: One Lawyer's Fight for Justice in the Wake of America's Great Coal Catastrophe. Knopf. ISBN 978-0593321119.

External links

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