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There are no federal regulations governing coal fly ash, a byproduct of using pulverized coal in power plants to generate electricity.
“The complexity of the analysis,” of coal ash is one reason the Environmental Protection Agency (EPA) gives for not yet publishing rules for coal ash regulation. Analysis of coal ash depends on:
Before the ash is analyzed, a number of different methods can be used to extract the fly ash from coal power plant chimneys funneling the stream of gas containing it or from ground or surface water into which it has leached from ash ponds.
The EPA had announced it would come out with rules by the end of last year, but they have delayed their rulings.
Industry groups interested in the regulations include officials not only of the coal and electric power industries, but representatives of Portland cement, food growers, soil amendment companies, and brick companies who use coal ash in manufacturing their products. They prefer fewer governmental regulations. Environmental groups are seeking more rules because of the toxic elements in coal fly ash.
In recent decades, because of environmental protection rulings, less fly ash has been released into the atmosphere than previously. Now the fly ash is captured before entering the atmosphere and stored in ponds near coal power plants or used in landfill.
Fly ash has the consistency of a fine powder. Depending upon the specific coal fly ash sample, its toxic ingredients may include:
Exposure to contaminants through drinking water can increase the risk of:
Sometimes, it can take years for a problem to surface because the rate of spread of the ground water. In addition to health risks, living near a coal ash pond can cause home prices to plunge and banks to hesitate to lend to prospective buyers.
A professor at the University of Iowa who has studied the effects of toxic sites on local residents, said if the groundwater is contaminated, the cost of cleaning the area could take decades and cost millions of dollars. If the responsible company goes bankrupt when it cannot handle the costs, then state and local governments must step up to assume the burden.
If you believe you have been affected by coal ash and would like to discuss your circumstances with an attorney, please contact our coal ash lawyers today.
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