### Appendix A: Reassessment of Previously Identified Proven Damage Cases

Table of Cases 1) Salem Acres Site Salem, MA

................................ ................................ ................................ ................... 1 2) Vitale Br others Fly Ash Pit Beverly, MA

................................ ................................ ................................ 2 3) Don Frame Trucking, Inc. Fly Ash Landfill Pomfret, NY

................................ ................................ ....... 3 4) Possum Point Virginia Electric Po wer Co. (VEPCO) Possum Point, VA

................................ ................ 4 5) PEPCO Morgantown Generating Station Faulkner Off

- site Disposal Facility Morgantown, MD

.......... 5 6 ) Virginia Power Yorktown Power Station Chisman Creek Disposal Site Yorktown, VA

........................ 7 7) Hyco Lake Roxboro, NC

................................ ................................ ................................ .......................... 8 8) Georgia Power C ompany, Plant Bowen Georgia Power Company Cartersville, GA

.............................. 9 9) DOE Oak Ridge Y

- 12 Plant Chestnut Ridge Operable Unit 2 Department of Energy Oak Ridge, TN

. 11 10) South Carolina Electric & Gas Canadys Plant South Carolina Electric & Gas Walterboro, SC

.......... 12 11) Belews Lake Stokes, Rockingham, Guilford, and Forsyth Counties , NC

................................ ............ 14 12) DOE Savannah River Project US Department of Energy Aiken, Allendale, and Barnwell Counties, SC

................................ ................................ ................................ ................................ ................................ .... 15 13) E.J. Stoneman Generating Station Ash Disposal Pond Dairyland Power Cooperative Cassville, WI

. 17 14) WEPCO Highway 59 Landfill WE Energies Waukesha, WI

................................ ............................... 18 15) Nelson Dewey Ash Disposal Facility Alliant (formerly Wisconsin Power & Light) Cassville, WI

.... 20 16) WEPCO Cedar

- Sauk Landfill Cedarburg, WI

................................ ................................ ...................... 21 17) Port Washington Facility Wisconsin Electric Power Co. (WEPCO) Port Washington, WI

................ 22 18) North Lansing Landfill Lansing Board of Water & Light (LBWL) Lansing, MI

................................ 23 19) Northern Indiana Public Service Corp. (NIPSCO) Yard 520 Landfill Site (Brown's Landfill) Northern Indiana Public Service Corp. (NIPSCO) Township of Pines, Porter County, IN

................................ ....... 24 20) Brandy Branch Reservoir Marshall, TX

................................ ................................ ............................... 25 21) Southwestern Electric Power Company Welsh Reservoir Southwestern Electric Power Compa ny Mount Pleasant, TX

................................ ................................ ................................ ................................ .... 27 22) Texas Utilities Electric Martin Lake Reservoir Texas Utilities Electric Tatum, TX

............................ 29 23) W.J. Neal Station Surface Impoundment Basin Electric Power Cooperative Velva, ND

.................... 31 24) Cooperative Power Association/United Power Coal Creek Station Surface Impoundments Cooperative Power Association U nderwood, ND

................................ ................................ ...................... 32 25) Martin's Creek Power Plant 2005 Release Mount Bethel Township, PA

................................ ............. 33 26) TVA Kingston 2008 Release TVA Kings ton, TN

................................ ................................ ................ 34 27) BBBS Sand and Gravel Quarries Gambrills, MD

................................ ................................ ................ 35APPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 1 DamageCaseEval_AppendixA

- Final_v1 

## 1) Salem Acres Site Salem, MA

Source Document Coal Combustion Waste Damage Case Assessments, dock et ID EPA

- HQ

- RCRA

- 2006

- 0796

- 0015, U.S. EPA Office of Solid Waste, July 9, 2007 

### Type
Landfill 

### Brief Description Fly ash disposal occurred at this site from at least 1952 to 1969. The site contained a variety of wastes including fly ash, sewage sludge, tann ery waste and materials from a landfill on the site. The contamination was confined to the southernmost 13 acres of the 235 acre parcel. The fly ash pile covered approximately 0.6 acre and was estimated to contain 9,600 cubic yards.

EPA added the site to the National Priorities List (NPL) on June 10, 1986. EPA signed separate Consent Orders with the South Essex Sewerage District (SESD), the Massachusetts Electric Company, and DiBase Salem Realty Trust to investigate and remediate the site. Remediation foc used on fixation, capping, and excavating contaminated materials including removal of approximately 11000 cu. yards of fly ash from the landfill and a further 1000 cubic yards from the adjacent wetland. Ground water at the site and adjacent wetlands demons trated only minor contamination and no further remedial actions were planned. The site was officially deleted from the NPL effective July 23, 2001. The site now allows for unrestricted land use.


### Previous Basis for Consideration
Scientific: Arsenic and chro mium exceeded (health

- based) primary maximum contaminant levels ( MCLs ) ; and Administrative: The site was placed on the NPL list, and EPA signed a Consent Order with the owner to clean up the lagoons.


### Other Considerations

 Considerable co

- managed wastes incl uding tannery wastes and sewerage sludge

 Arsenic and c hromium were reported above MCL in onsite groundwater

 According to the 1993 USEPA Record of Decision ( ROD ) , only antimony exceeded MCL in groundwater



### Classification Not a Damage Case


### Rationale
The co

- m anaged wastes contributed metal contamination indistinguishable from CCRs. Administrative orders do not contain explicit findings of specific damage from CCRs.



### Additional Sources USEPA Record of Decision, March 1993 and April 1997 http://www.epa.gov/superfund/sites/rods/fulltext/r0193078.pdf Accessed: October 6, 2010. http://www.epa.gov/superfund/site s/rods/fulltext/e0197165.pdf Accessed: October 6, 2010.

USEPA Website http://yosemite.epa.gov/r1/npl_pad.nsf/51dc4f173ceef51d85256adf004c7ec8/c8a4a5bec0121f048525691f0063f6f3? OpenDocumentAPPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 2 DamageCaseEval_AppendixA

- Final_v1 

## 2) Vitale Brothers Fly Ash Pit Beverly, MA

Source Document
Coa l Combustion Waste Damage Case Assessments, docket ID EPA

- HQ

- RCRA

- 2006

- 0796

- 0015, U.S. EPA Office of Solid Waste, July 9, 2007 

### Type
Sand and Gravel Pit 

### Brief Description An abandoned gravel and sand pit that was used as an unpermitted landfill between the 1950s and the mid

- 1970s. The Vitale Brothers, the site owners until 1980, accepted and disposed saltwater

- quenched fly ash from New England Power Company along with other wastes. Leaking underground storage tanks containing petroleum products were also lo cated at the site. In 1973, fly ash at the site eroded into a nearby swamp and a stream that is a tributary to a surface drinking water supply.


### Previous Basis for Consideration This case was not counted as a proven damage case in the 1999 Report to Congre ss because it was a case of illegal disposal not representative of historical or current disposal practices. However, it otherwise meets the criteria for a proven damage case for the following reasons: Scientific: (i) selenium and arsenic exceeded (health

- based) primary MCLs, and (ii) there is evidence of contamination of nearby wetlands and surface waters; and Administrative: the facility was the subject of several citations and the State has enforced remedial actions.


### Other Considerations

 The site contain ed other wastes including leaking petroleum Underground Storage Tanks USTs which were focus of closure

 Arsenic and selenium exceeded MCLs in onsite groundwater

 Groundwater well had demonstrated volatile organic compounds and cyanide contamination unrelated to CCRs

 Evidence of fly ash in nearby wetlands and surface waters

 Facility received several citations, State enforced remedial action; No state actions specific to fly ash presence or risks from fly ash

 Closed Tier 2 Site by MADEP; No Response Action Outc ome RAO required; EPA # MAD981068273 MASS ID# 3

- 0000235; Release Tracking Number RTN based on USTs;



### Classification Not a Damage Case


### Rationale
Non

- CCR wastes primarily UST s were focus of MADEP remediation; No indication of offsite migration in groundwater o f CCR specific contaminants; No explicit finding of specific damage due to CCRs in Administrative Orders which were limited to USTs.



### Additional Sources “Leaching Of Arsenic From A Fly Ash Dump In Beverly, Massachusetts” David J. Lang, LSP, Ground Water Con sultants, Inc. and Jan R. Schlictmann; Proceedings Of State Regulation Of Coal Combustion By

- Product Placement At Mine Sites: A Technical Interactive Forum, Harrisburg, Pennsylvania; May 4

- 6, 2004APPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 3 DamageCaseEval_AppendixA

- Final_v1 

## 3) Don Frame Trucking, Inc. Fly Ash Landfill Pomfret, NY

So urce Document Coal Combustion Waste Damage Case Assessments, docket ID EPA

- HQ

- RCRA

- 2006

- 0796

- 0015, U.S. EPA Office of Solid Waste, July 9, 2007 

### Type
Landfill 

### Brief Description This landfill has been used for disposal of fly ash, bottom ash, and other mate rial, including yard sweepings generated by the Niagara Mohawk Power Corporation's Dunkirk Steam Station. The age of the facility is unknown.


### Previous Basis for Consideration
Scientific: The lead levels found in down

- gradient wells exceed the primary MCL A ction Level; Administrative: the State has required remedial action as a result of the contamination, and the owner was directed, by the Supreme Court of the State of New York, County of Chautauqua (July 22, 1988), to cease receiving the aforementioned

was tes at the facility no later than October 15, 1988.


### Other Considerations

 Other materials were disposed at this location but identification and relative volumes not detailed.

 Downgradient wells exceeded MCL for lead twice (seven years apart) in more than 1 0 years of quarterly monitoring

 Sulfate, total dissolved solids ( TDS ) , Iron and manganese exceeded secondary MCLs ( SMCLs ) in downgradient wells

 State required remedial action as result of contamination, court order to cease receiving wastes but without exp licit finding of specific damage from CCR



### Classification Proven Damage


### Rationale
Groundwater exceeded MCLs for lead nad SMCLs for sulfate, TDS, iron, and manganese in downgradient wells. Administrative orders did not contain explicit finding of specific damages from CCRs.



### Additional SourcesAPPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 4 DamageCaseEval_AppendixA

- Final_v1 

## 4) Possum Point Virginia Electric Power Co. (VEPCO) Possum Point, VA

Source Document Coal Combustion Waste Damage Case Assessments, docket ID EPA

- HQ

- RCRA

- 2006

- 0796

- 0015, U.S. EPA Office of Solid Waste, July 9, 2007



### T ype Surface Impoundment 

### Brief Description This facility
, currently listed as closed with Virginia Department of Environmental Quality (VA DEQ ),
, contained 40

- acre unlined ash ponds with solids dredged to 80

- acre lined ponds. At this site, oil ash, pyrites, boiler chemical cleaning wastes, coal fly ash, and coal bottom ash were co

- managed in an unlined surface impoundment, with solids dredged to a second pond.


### Previous Basis for Consideration Damage case described in the 1999 RTC. Administrative: action pursu ed by the State based on evidence on exceedances of cadmium and nickel, by requiring the removal of the waste.


### Other Considerations

 Co

- managed wastes included Oil ash, pyrites, water treatment wastes, boiler cleaning wastes

 Onsite cadmium and nickel excee ded MCLs

 Elevated cadmium and nickel may be attributable to other wastes

 Segregating selected oil ash and low volume wastes, resulted in cadmium in groundwater below MCLs

 Virginia entered into special consent order with facility due to MCL exceedances in groundwater



### Classification Not a Damage Case


### Rationale
Co

- Managed CCR wastes without clear implication of CCR wastes in damages.



### Additional Sources Technical Background Document For the Report to Congress On Remaining Wastes from Fossil Fuel Combustion: Po tential Damage Cases, March 15, 1999 http://www.epa.gov/osw/nonhaz/industrial/special/fossil/ffc2_397.pdf Accessed: October 6, 2010.
Inventory of Solid Waste Management Units, Virginia DEQ, accessed at http://www.deq.virginia.gov/export/sites/default/waste/pdf/swfrapr07.pdfAPPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 5 DamageCaseEval_AppendixA

- Final_v1 

## 5) PEPCO Morgantown Generating Station Faulkner Off

- site Disposal Facility Morgantown, MD

Source Document Coal Combustion Waste Damage Case Assessmen ts, docket ID EPA

- HQ

- RCRA

- 2006

- 0796

- 0015, U.S. EPA Office of Solid Waste, July 9, 2007 

### Type Landfills and Surface Impoundments 

### Brief Description Landfills at this shallow groundwater site managed fly ash, bottom ash, and pyrites from the Morgantown Genera ting Station starting in 1970. Unlined settling ponds also are used at the site to manage storm water runoff and leachate from the ash disposal area. In 1991, the state of Maryland found that water quality in a nearby stream and creek were degraded by land fill leachate, with effects including orange staining from iron precipitation and low pH (3 to 4). Remedial measures at the site included closure and capping of older units (1996), installation of liners in newer units (1993), installation of a slurry wall to prevent ground water migration (1994), and rehabilitation of a portion of a stream (1995). In January 2001, the Maryland Department of the Environment (MDE) Water Resources Administration (WRA) issued Mirant a Consent Order requiring Mirant to address the nature and extent of the ground water impacts and to implement corrective action to mitigate the impacts. In December 2002, Mirant completed installation of three passive water treatment systems (systems A, C, and F) at the facility in order to treat the acidity, metals, and sulfate present in the leachate

- impacted ground water. These systems supplemented the leachate collection systems installed in 1994.


### Previous Basis for Consideration Scientific: Ground water contamination migrated off site; and Adm inistrative: the State required remedial action.


### Other Considerations

 In offsite groundwater cadmium exceeded MCL and iron and pH exceeded SMCLs

 Onsite groundwater exceeded SMCLs for aluminum, chloride, manganese, iron, and sulfate

 Local, shallow aquifer impacted by site may not impact deeper aquifer used as water supply

 Biological impact reports identified other potential sources including upgradient cadmium and no biological impacts from CCRs

 State required remedial action, based on migration of contamin ants in groundwater, charged with unpermitted discharge to surface water; State administrative action for vegetative damages, iron staining, and low pH.



### Classification Proven Damage


### Rationale Offsite groundwater exceeded MCLs for cadmium in shallow aquifer . State required remediation based on groundwater migration but no explicit finding of specific damage from CCRs.



### Site Notes

 Cited as proven damage in the Mar ch 1999 Report to Congress


### Additional Sources Biological Impact Studies of the Faulkner Fly Ash Si te, August 1984, Environmental Resources Management submitted to MD DNRAPPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 6 DamageCaseEval_AppendixA

- Final_v1 Environmental Aspects of the Faulkner Fly Ash Site, January 1983, Environmental Resources Management, submitted to MD DNR Evaluation of Long

- Term Surface Water and Ground Water Quality at the Faulkner Fly Ash Storage Site Charles County, Maryland 18 May 2006, Environmental Resources Management, Inc., submitted to MD DNR Maryland Department of Environment website http://esm.versar.com/pprp/bibliography/FFAS_06_2/FFAS_06_2.pdf Accessed: October 6, 2010.APPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 7 DamageCaseEval_AppendixA

- Final_v1 

## 6) Virginia Power Yorktown Power Station Chisman Creek Disposal Site Yorktown, VA

Source Document Coal Combustion Waste Damage Case Assessments, docket ID E PA

- HQ

- RCRA

- 2006

- 0796

- 0015, U.S. EPA Office of Solid Waste, July 9, 2007 

### Type
Sand a nd Gravel Pits 

### Brief Description Between 1957 and 1974, abandoned sand and gravel pits at the site received approximately 500,000 tons of fly ash from the combustion of coa l and petroleum coke at the Yorktown Power Station. Disposal at the site ended in 1974 when Virginia Power began burning oil at the Yorktown plant. In 1980, nearby shallow residential wells became contaminated with vanadium and selenium. The Remedial Inves tigation performed by EPA determined that the groundwater contamination was localized in the area of the pits. In September 1986 a ROD was issues for OU1 which included disposal pits and groundwater. The ROD included capping, groundwater restrictions, and replacement water supply wells. In 1988 EPA issued a ROD for operable unit number 2 ( OU2 ) which included adjacent surface water and wetlands. This ROD called for modification of drainage and monitoring.


### Previous Basis for Consideration Designated as a pro ven damage case in the 1999 RTC. Scientific: (i) Drinking water wells contained selenium above the (health

- based) primary MCL, and (ii) there is evidence of surface water and sediment contamination; and Administrative: the site was remediated under CERCLA.


### Other Considerations

 Selenium above MCL in offsite groundwater with vanadium and sulfate above SMCLs

 Placed on NPL with remediation efforts with focus on mitigating groundwater contamination and migration

 VADEQ indicated that the subsurface fly ash materi als do not pose a public health threat in their present, sheltered location.

 In 2001, second five year review recommended more permanent groundwater restrictions

 In 2006, third five year review recommended better delineation of vanadium to ensure protectiv eness of remedy



### Classification Proven Damage


### Rationale Offsite groundwater exceeded MCLs for selenium. Administrative order specified groundwater use restrictions to mitigate risk from CCR leachates



### Site Notes Cited as proven damage in the Mar ch 1999 Repor t to Congress


### Additional Sources Chisman Creek, York County, Virginia Superfund Program Site Fact Sheet EPA Superfund URL http://epa.gov/reg3hwmd/npl/VAD980712913.htm Accessed: October 6, 2010. U SEPA website (Current Site Information, ROD, and 2006 Five

- Year Report). http://www.epa.gov/reg3hscd/super/sites/VAD980712913/ Accessed: October 6. 2010.APPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 8 DamageCaseEval_AppendixA

- Final_v1 

## 7) Hyco Lake Roxboro, NC

Sou rce Document Coal Combustion Waste Damage Case Assessments, docket ID EPA

- HQ

- RCRA

- 2006

- 0796

- 0015, U.S. EPA Office of Solid Waste, July 9, 2007 

### Type Surface Impoundment 

### Brief Description Hyco Lake was constructed in 1964 as a cooling water source for the E lectric Plant. The lake received discharges from the plant's ash

- settling ponds containing high levels of selenium. The selenium accumulated in the fish in the lake, affecting reproduction and causing declines in fish populations in the late 1970s and 1980 s. In 1990, a dry ash handling system was implemented resulting in lower selenium discharge. Subsequently
, based on the results of fish tissue sampling, the fish consumption advisory has been rescinded in stages starting in 1994 until completely rescinded in August, 2001.



### Previous Basis for Consideration Scientific: declines in fish populations were observed (1970s & 1980. Administrative: the State concluded that the impacts were attributable to the ash ponds, and issued a fish consumption advisory as a re sult of the contamination.


### Other Considerations

 Surface water tests were generally below MCL, listed as damage because of fish tissue measurements;



### Classification Proven Damage


### Rationale Impact to Fish populations reported from selenium concentrations; Sta te concluded impacts attributable to ash ponds and issued fish consumption advisory



### Additional Sources Ecological Assessment of Selenium in the Aquatic Environment
, Appendix A. Selected Case Studies of Ecosystem Contamination by Selenium
, Terry F. Young et. al. Edited by Peter M. Chapman et. al. CRC Press 2010, Pages 257

– 292
Gillespie and Bauman, 1986: Effects of High Tissue Concentrations on Reproduction by Bluegills, In Draft Aquatic Life Water Quality Criteria for Selenium, EPA

- 822

- D

- 04

- 001, November 2004. http://www.epa.gov/waterscience/criteria/selenium/pdfs/complete.pdfAPPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 9 DamageCaseEval_AppendixA

- Final_v1 

## 8) Georgia Power Company, Plant Bowen Georgia Power Company Cartersville, GA

Source Document Coal Combustion Waste Damage Case Assessments, docket ID EPA

- HQ

- RCRA

- 2006

- 0796

- 0015, U. S. EPA Office of Solid Waste, July 9, 2007 

### Type Surface Impoundment 

### Brief Description This unlined surface impoundment was put in service in 1968. On July 28, 2002, a sinkhole developed in the surface impoundment that ultimately reached four acres in area . An estimated 2.25 million gallons of ash/water mixture was released to a tributary of the Euharlee Creek, containing 281 tons of ash. Georgia’s Department of Natural Resources alleged an unpermitted discharge of water containing approximately 80 tons of ash slurry entered Euharlee Creek through a stormwater drainage pipe resulting in a temporary degradation of public waters. Georgia DNR issued Consent Order to investigate impacts to surface waters, perform engineering assessment, and enact necessary corre ctive actions based on studies. Remedies included vacuum removal of ash from creek, and grouting and filling of sink hole. Following the delineation of the extent of the ash release four samples were collected within the ash footprint and two samples were collected downstream of the ash deposit. Samples collected within the ash footprint in the creek indicate that conce n tration of certain metals (arsenic. cadmium

- chromium, copper, lead, mercury, and nickel) exceeded EPA Region IV ecological sediment screen ing values (ESV'S) indicating a potential for ecological affects to aquatic life. After completion of a 2003 slope stability study, operations were converted to

a dry stack operation, reducing the wet CCR processing area to two small dewatering cells and two gypsum settling ponds. The company has taken steps to reduce potential sinkhole conditions although karst geology conditions underlying the surface impoundment remain.


### Previous Basis for Consideration Scientific: Unpermitted discharge of water containi ng ash slurry into the Euharlee Creek resulting in a temporary degradation of public waters. Administrative: Georgia Department of Natural Resources issued a consent order requiring, among others, a fine and corrective action.


### Other Considerations

 Ecologic al assessment demonstrated that future harm to organisms after cleanup was unlikely

 The release occurred in late July and the ash was removed from the creek by mid

- October.



### Classification Proven Damage


### Rationale Limited release of coal ash reported to effe ct adjacent surface waters requiring removal of sediments. No long term ongoing risk. Administrative action does not have explicit finding of specific damage but requires investigation and assessment.APPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 10 DamageCaseEval_AppendixA

- Final_v1 

### Additional Sources Assessment of Dam Safety Coal Comb ustion Surface Impoundments, Draft Final Report, Georgia Power Company Plant Bowen
, Cartersville, Georgia http://www.epa.gov/wastes/nonhaz/industrial /special/fossil/surveys2/ga

- gpc

- final

- redct.pdf Accessed: October 6, 2010.
Ecological Assessment of Ash Deposition and Removal, Euharlee Creek, Georgia Power Bowen Plant, September 2002, Geosyntec Consultants, EPA

- HQ

- RCRA

- 2006

- 0796

- 0026

.APPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 11 DamageCaseEval_AppendixA

- Final_v1 

## 9) DOE Oa k Ridge Y

- 12 Plant Chestnut Ridge Operable Unit 2 Department of Energy Oak Ridge, TN

Source Document Coal Combustion Waste Damage Case Assessments, docket ID EPA

- HQ

- RCRA

- 2006

- 0796

- 0015, U.S. EPA Office of Solid Waste, July 9, 2007 

### Type Surface Impoundment 

### Brief Description The filled Coal Ash Pond (FCAP) is an ash retention surface impoundment used to dispose of coal ash slurry from the Y

- 12 steam plant. It was constructed in 1955 by building an earthen dam across a northern tributary of Upper McCoy Branch . After the surface impoundment was filled to capacity, the slurry was released directly into Upper McCoy Branch. Erosion of both the spillway and the ash itself resulted in releases of ash into Upper McCoy Branch.


### Previous Basis for Consideration
This cas e has been categorized as a proven ecological damage case based on scientific documentation of impacts to fish and other wildlife on

- site. Scientific: Exceedances of primary and SMCLs were detected in on

- site monitoring locations. Administrative: Federal RCRA and the Tennessee Department of Environmental Conservation (TDEC) requirements, including placement of the entire Oak Ridge Reservation on the NPL.


### Other Considerations

 Co

- Managed wastes but administered in NPL as separate Operable Unit

 Onsite arseni c above primary MCL, aluminum iron and manganese above SMCL

 Ecological damage from onsite impacts to fish and other wildlife including bioaccumulation, reported fish deformities

 Placement on NPL for groundwater and surface water contamination from coal as h as separate OU

 Fish deformities and potentially elevated arsenic and selenium



### Classification Proven Damage


### Rationale Documented surface water impacts to biota included bioaccumulation, fish deformities, and biota population decline. The site was placed on NPL with the coal ash landfill as a separate operable unit indicating specific damage from CCRs.



### Additional Sources Remedial Investigation Report on Chestnut Ridge Operable Unit 2 (Filled Coal Ash Pond/Upper McCoy Branch) at the Oak Ridge Y

- 12 Plant Oak Ridge, Tennessee (Baseline Risk Assessment Included) [DOE/OR/01

- 1268&D2] [Y/ER

- 172&D2]
Review of the Global Adverse Environmental Impacts to Ground Water and Aquatic Ecosystems from Coal Combustion Wastes; Donald S. Cherry, Rebecca J. Currie and David J. Soucek, Hoosier Environmental Council and Citizens Coal Council Indianapolis, IN, March 28, 2000APPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

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- Final_v1 

## 10) South Carolina Electric & Gas Canadys Plant South Carolina Electric & Gas Walterboro, SC

Source Document Coal Combustion Waste Damage Case Assessments, d ocket ID EPA

- HQ

- RCRA

- 2006

- 0796

- 0015, U.S. EPA Office of Solid Waste, July 9, 2007 

### Type Surface Impoundment 

### Brief Description This facility is a coal

- fired power plant located along the Edisto River. Ash from the power plant is mixed with water and managed in an ash storage pond. surface impoundment. The facility operated an unlined, 80

- acre surface impoundment from 1974 to 1989. A 95

- acre ash pond lined with a bentonite slurry wall began operation in 1989. In 1982 arsenic was determined above the MCL and t he plume was delineated as limited but extending just beyond the initial site boundary (the then offsite property was purchased became part of the site). The old surface impoundment was deactivated in 1989. DHEC concluded that further migration of contamin ants was not likely. In 1996, DHEC approved a mixing zone and compliance boundary with ongoing monitoring around the inactive impoundment

. In 2000, further MCL exceedances of arsenic were reported at and outside the original compliance boundary. Geophysica l investigation revealed the exceedances were due to failures of the new surface impoundment slurry wall. Repairs to the slurry wall have been implemented and the mixing zone/compliance boundary expanded to include the new, active surface impoundment. Expa nding the mixing zone and compliance boundary included requirements for groundwater monitoring at 15 wells, annual submittal of data, and comprehensive remedial system evaluation. For the 2007 CCR damage case assessment, a South Carolina’s Department of He alth and Environmental Control (DHEC) confirmed that arsenic contamination is attributable to CCR waste management units and the limited likelihood of pathways to human receptors given limited migration

. The facility manages effluents including ash pond di scharge under a NPDES permit ( SC0002020 ).



### Previous Basis for Consideration
Scientific: There are exceedances of the health

- based standard for arsenic at this site. While there are no known human exposure points nearby, some recent exceedances have been d etected outside an established regulatory boundary.


### Other Considerations

 Onsite arsenic above MCL

 Other onsite wastes managed include coal pile runoff and low volume wastes including cooling tower blowdown and metal cleaning wastes



### Classification
Potentia l Damage


### Rationale Arsenic on onsite groundwater exceeded the MCL. No indication of offsite migration or potential impact to receptors

.APPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 13 DamageCaseEval_AppendixA

- Final_v1 

### Additional Sources
Response to EPA Request for Information, Coal Ash Impoundment Survey Results http://www.epa.gov/osw/nonhaz/industrial/special/fossil/surveys/sceg.pdf accessed 10/28/10

South Carolina Groundwater Contamination Inventory, Technical Report #002

- 08, October 2008

Nat ional Pollutant DischargeElimination System (NPDES) Permit for Discharge to Surface Waters Permit No. SC0002020

Post and Courier Interview with DHEC, 2008 http://media.charleston.net /2008/text/DHECinterview.doc accessed 10/29/10APPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 14 DamageCaseEval_AppendixA

- Final_v1 

## 11) Belews Lake Stokes, Rockingham, Guilford, and Forsyth Counties, NC

Source Document Coal Combustion Waste Damage Case Assessments, docket ID EPA

- HQ

- RCRA

- 2006

- 0796

- 0015, U.S. EPA Office of Solid Waste, July 9, 2007 

### Type Cooling Lake 

### Brief Description This lake was impounded in the early 1970s to serve as a cooling reservoir for a large coal

- fired power plant. Fly ash was disposed in a settling basin, which released selenium

- laden effluent in return flows to the lake. Sixteen of the 20 fish species originally present in the reservoir were entirely eliminated.


### Previous Basis for Consideration Scientific: Evidence of extensive impacts on fish populations due to direct discharge to a surface water body. Administ rative: the State required changes in operating practices to mitigate the contamination.


### Other Considerations

 State required operating changes to mitigate contamination. Fish Advisory issued



### Classification Proven Damage


### Rationale Selenium discharge impact ed fish population



### Site Notes

 State fish advisory lifted Dec 2000.


### Additional Sources Ecological Assessment of Selenium in the Aquatic Environment
, Appendix A. Selected Case Studies of Ecosystem Contamination by Selenium
, Terry F. Young et. al. Edited by P eter M. Chapman et. al.
, CRC Press 2010, Pages 257

– 292
Gillespie and Bauman, 1986: Effects of High Tissue Concentrations on Reproduction by Bluegills, In Draft Aquatic Life Water Quality Criteria for Selenium, EPA

- 822

- D

- 04

- 001, November 2004. http://www.e pa.gov/waterscience/criteria/selenium/pdfs/complete.pdf
Lemly, 1993b: Teratogenic Effects of Selenium in Natural Populations of Freshwater Fish

. In Draft Aquatic Life Water Quality Criteria for Selenium, EPA

- 822

- D

- 04

- 001, November 2004. http://www.epa.gov /waterscience/criteria/selenium/pdfs/complete.pdfAPPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 15 DamageCaseEval_AppendixA

- Final_v1 

## 12) DOE Savannah River Project US Department of Energy Aiken, Allendale, and Barnwell Counties, SC

Source Document Coal Combustion Waste Damage Case Assessments, docket ID EPA

- HQ

- RCRA

- 2006

- 0796

- 0015, U.S. EPA Office of Solid Waste, July 9, 2007 

### Type
Surface Impoundment 

### Brief Description
The Savannah River Site (SRS) is a 310

- square mi le reservation on the Upper Coastal Plain of South Carolina established in 1950 for the production and processing of nuclea r materials for national defense requirements. The Department of Energy manages SRS as a controlled area with limited public access. The SRS is on the NPL with hundreds of identified waste sites managed as nearly 100 CERCLA operable units. The D

- Area Elect ric and Steam Generating Facility is a 70 MW coal fired utility on SRS generates CCRs which are sluiced to a series of open settling basins. A continuous flow of sluice water exits the basins, overflows, and enters a swamp that in turn discharges to Beaver Dam Creek. Bullfrog tadpoles inhabiting the site have oral deformities and impaired swimming and predator avoidance abilities, and there also is evidence of metabolic impacts on water snakes inhabiting the site. Area remediation strategy included removal of numerous structures, capping of surface impoundment, and implementation of land use controls to limit future potential receptors.


### Previous Basis for Consideration Scientific: Evidence of impacts on several amphibian species in a nearby wetland caused by releases from the ash settling ponds.


### Other Considerations

 Other wastes at SRS but technical studies implicate CCRs in the ecological impacts from this localized

source


### Classification Proven Damage


### Rationale Technical studies implicate CCRs in ecological impacts to biota through surface water



### Additional Sources Impacts of Aquatic Disposal o f Coal Combustion By

- Products o n Vertebrates on the Savannah River Site
, William A. Hopkins and Christopher L. Rowe , from the Proceedings of State Regulation Of Coal Com bustion By

- Product Placement At Mine Sites: A Technical Interactive Forum
, Wyndham Hotel Harrisburg, Pennsylvania May 4

- 6, 2004 http://www.mcrcc.osmre.gov/MCR/Resources/ccb/PDF/State_Regulation_of_CCB_Placement.pdf
Ecological Assessment of Selenium in the Aquatic Environment
, Appendix A. Selected Case Studies of Ecosystem Contamination by Selenium
, Terry F. Young et al. Edited by Peter M. Chapman et. al.
, CRC Press 2010, Pages 257

– 292

USEPA Web Site
, Second 5

- Year Review Report, the 1995 and 1998 RODs for the D

- Area Oil Seepage Basins, and the 1997 ROD for the D

- Area Burning/Rubble Pit

 The 1998 ROD for D

- Area Oil Seepage Basins is located at http://www.epa.gov/superfund/sites/ro ds/fulltext/r0498114.pdfAPPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 16 DamageCaseEval_AppendixA

- Final_v1  The 1995 ROD for D

- Area Oil Seepage Basins is located at http://www.epa.gov/superfund/sites/rods/fulltext/r0495218.pdf

 The 1997 ROD for the D

- Area Bu rning/Rubble Pit is located at http://www.epa.gov/superfund/sites/rods/fulltext/r0497027.pdf

 The second five

- year review is located at http://www.epa.gov/superfund/sites/fiveyear/f04

- 04015.pdf
2008 Savannah River Environmental Report:http://www.srs.gov/general/pubs/ERsum/er09/er2008.htm
Review of the Global Adverse Environmental Impacts to Ground Water and Aquatic Ecosystems from Coal Combustion Wastes; Donald S. Cherry, Rebecca J. Currie and David J. Soucek, Hoosier Environmental Council and Citizens Coal Council Indianapolis, IN, March 28, 2000APPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 17 DamageCaseEval_AppendixA

- Final_v1 

## 13) E.J. Stoneman Generating Station Ash Disposal Pond Da iryland Power Cooperative Cassville, WI

Source Document Coal Combustion Waste Damage Case Assessments, docket ID EPA

- HQ

- RCRA

- 2006

- 0796

- 0015, U.S. EPA Office of Solid Waste, July 9, 2007 

### Type
Surface Impoundment and landfill 

### Brief Description
Unlined surfa ce impoundment, on permeable substrate, that managed ash, demineralizer regenerate, and sand filter backwash between the 1950s and 1987. During this period, on site ground water exceeded MCLs for cadmium and chromium and exceeded SMCLs for sulfate, mangane se, iron, and zinc. Offsite wells had boron and sulfate elevated over background. Subsequent to ceasing disposal in this surface impoundment , the impoundment was consolidated and capped. Since 1989 , c oal ash ha s been managed in a double

- lined landfill, wit h leachate collection

. 

### Previous Basis for Consideration Scientific: Cadmium and chromium exceeded (health

- based) primary MCLs, and contamination [boron and sulfate] migrated to nearby, private drinking water wells; and Administrative: The State required c losure of the facility.


### Other Considerations

 Co

- managed wastes included demineralizer regenerate and other water treatment wastes.

 State required closure of facility primarily because location violated state requirements and potential for migration

 Offsit e ligration of boron and sulfate at elevated levels not exceeding health based standards



### Classification Potential Damage



### Rationale On site groundwater exceeded MCLs for cadmium and chromium and SMCLs for iron, manganese, sulfate, and zinc

. Boron and sulfat e contamination have migrated to nearby private drinking water wells; however, there is no indication that these concentrations exceed health

- based standards.



### Site Notes

 Cited as proven damage in the Mar ch 1999 Report to Congress;


### Additional Sources

Techn ical Background Document For The Report To Congress On Remaining Wastes From Fossil Fuel Combustion: Potential Damage Cases, March 15, 1999APPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 18 DamageCaseEval_AppendixA

- Final_v1 

## 14) WEPCO Highway 59 Landfill WE Energies Waukesha, WI

Source Document Coal Combustion Waste Damage Case Assessments
, docket ID EPA

- HQ

- RCRA

- 2006

- 0796

- 0015, U.S. EPA Office of Solid Waste, July 9, 2007 

### Type

S and and G ravel P it 

### Brief Description
The approximately 30 acre ash unlined landfill is located in a former gravel quarry that received an estimated 500,000 cubic ya rds of fly ash and bottom ash between 1969 and 1978. Waste thickness ranged from less than 10 ft to more than 40 ft. Approximately 8,000 cubic yards of ash was deposited below the water table in the pond on the northern portion of the site. Groundwater mon itoring between 1988 and 1998 indicated concentrations exceeded state criteria but not MCLs. There is a closed municipal landfill and a closed foundry waste landfill adjacent to the ash landfill

. State required groundwater investigation due to the exceeda nce of state enforceable criteria. WEPCO submitted an environmental contamination assessment (ECA) report in 1995 and a remediation plans in 1999. Landfill underwent closure including excavation of approximately 8000 cubic yards ash in direct contact with groundwater and placement of an engineered cap. Remediation has been performed. The facility is inactive and maintained as green space.


### Previous Basis for Consideration Scientific: Although the boron standard was not health

- based at the time of the exceeda nces, the boron levels reported for the facility would have exceeded the State's recently promulgated health

- based Enforceable Standards for boron; and contamination from the facility appears to have migrated to off

- site private wells. And Administrative: As a result of the various Preventative Action Limit and Enforceable Standard exceedances, the State required a ground water investigation.


### Other Considerations

 Offsite impact includes impacts from two adjacent waste sites: unregulated municipal wa s te dump and foundry sands waste disposal site

 As part of the remediation plan, WE Energies paid for the abandonment of contaminated private water supply wells and the connection to municipal water from the City of Waukesha.

 Offsite wells are downgradient of foun dry sands landfill and municipal waste dump as well as coal ash landfill

 Upgradient as well as downgradient wells had elevated boron and sulfate

 Several onsite wells screened in the waste indicating concentration of contaminants in leachate not groundwate r

 State required investigation; remedial actions including closure performed but not under consent order

 Wisconsin Enforceable Standards are enforceable benchmarks to identify potential risk concerns ; Preventative Action Limits are approximately 10% of MCL s and not comparable' risk based standards

. 

### Classification Proven Damage


### Rationale
Groundwater exceeded state enforceable standards (boron) but not MCLs. Elevated offsite contaminants (boron and sulfate) appear CCR related despite adjacent landfills . Admi nistrative action requiring assessment has no explicit finding of specific damage

.APPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 19 DamageCaseEval_AppendixA

- Final_v1 

### Additional Sources Groundwater Impacts f

rom Coal Combustion Ash Disposal Sites i n Wisconsin, Pub

- Wa 1174 2004, Michael Zillmer

a nd Philip Fauble, Wisconsin Dept. of Natural Resources Waste & Materials Management Division

. http://www.dnr.wi.gov/org/aw/wm/publications/anewpub/WA1174.pdfAPPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 20 DamageCaseEval_AppendixA

- Final_v1 

## 15) Nelson Dewey Ash Disposal Facility Alliant (formerly Wisconsin Power & Light) Cassville, WI

Source Document Coal Combustion Waste Damage Case Assessments, docket ID EPA

- HQ

- RCRA

- 2006

- 0796

- 0015, U.S. EPA Office of Solid Waste, July 9, 2007 

### Type Originally a Surface Impoundment, then a Landfill 

### Brief Description
The approximately 24 acre, unlined landfill was originally constructed in the ear ly 1960s as a series of settling basins for sluiced ash and permitted by the State in 1979. Groundwater monitoring indicated boron and sulfate onsite exceeded Wisconsin Enforceable Standards of boron, sulfate, and fluoride resulting in required groundwater monitoring in 1993. Onsite groundwater exceeded MCLs for arsenic and selenium. The facility c onverted to dry ash handling operations in 1996. In 1997, the facility began capping. in accordance with WDNR requirements. All portions of the facility were capp ed by 2001. Remediation has been performed and the facility is inactive.


### Previous Basis for Consideration Scientific: Although the boron standard was not health

- based at the time of the exceedances, the boron levels reported for the facility would have exc eeded the State's recently promulgated health

- based ES for boron; and Administrative: The State required a ground water investigation, and the facility took action to remediate ground water contamination and prevent further contamination.


### Other Considerati ons

 Onsite groundwater exceeded MCLs for arsenic and selenium.



### Classification Potential Damage



### Rationale
Onsite groundwater exceeded MCL for arsenic and selenium. Administrative action required groundwater investigation without explicit finding of specific damage.



### Additional Sources Groundwater Impacts f

rom Coal Combustion Ash Disposal Sites i n Wisconsin, Pub

- Wa 1174 2004, Michael Zillmer

a nd Philip Fauble, Wisconsin Dept. of Natural Resources Waste & Materials Management Division

. http://www.dnr.wi.gov/or g/aw/wm/publications/anewpub/WA1174.pdfAPPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 21 DamageCaseEval_AppendixA

- Final_v1 

## 16) WEPCO Cedar

- Sauk Landfill Cedarburg, WI

Source Document Coal Combustion Waste Damage Case Assessments, docket ID EPA

- HQ

- RCRA

- 2006

- 0796

- 0015, U.S. EPA Office of Solid Waste, July 9, 2007 

### Type

Sand and Gravel Pit 

### Brief Description
This unlined landfill located in a former sand and gravel pit received CCRs from the WEPCO Port Washington Power Plant from 1969 to 1979. The landfill was located in an area of shallow groundwater and relatively permeable media. After c losure of the facility, ground water monitoring revealed onsite groundwater exceeded the MCL for selenium, the State standard for boron, and the secondary MCL for sulfate. Vegetative damage resulting from boron uptake also was observed in a nearby wetland and verified by analysis of boron at elevated levels in impacted plant tissues.


### Previous Basis for Consideration
Scientific: selenium in offsite (?) ground water exceeded the (health

- based) primary MCL, and there was clear evidence of vegetative damage; a nd Administrative: The State required remedial action.


### Other Considerations

 WIDNR study of stressed vegetation offsite implicated boron from landfill

 Onsite groundwater exceeded MCL for selenium and WI Enforceable standard/SMCL for Boron, Sulfate

 Several onsite wells screened in the waste indicating concentration of contaminants in leachate not groundwater

 Since 1984 only one selenium exceedance in 1997 with selenium only alongside landfill footprint



### Classification Proven Damage


### Rationale
Documented s tudy of ecological impact in adjacent wetland due to CCR contamination
, including stressed vegetation and bioaccumulation in plant tissues of boron.



### Additional Sources Groundwater Impacts f

rom Coal Combustion Ash Disposal Sites i n Wisconsin, Pub

- Wa 1174 2004
, Michael Zillmer

a nd Philip Fauble, Wisconsin Dept. of Natural Resources Waste & Materials Management Division

. http://www.dnr.wi.gov/org/aw/wm/publications/anewpub/WA1174.pdfAPPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 22 DamageCaseEval_AppendixA

- Final_v1 

## 17) Port Washington Facility Wisconsin Electric Power Co. (WEPCO) Port Washing ton, WI

Source Document Coal Combustion Waste Damage Case Assessments, docket ID EPA

- HQ

- RCRA

- 2006

- 0796

- 0015, U.S. EPA Office of Solid Waste, July 9, 2007 

### Type

Sand and Gravel Pit 

### Brief Description The power company placed 40

- to 60

- foot

- deep column of fl y ash in a sand and gravel pit from 1948 to 1971. This 15

- acre coal ash fill in and adjacent to a former limestone quarry received approximately 735,000 cubic yards of coal ash. A well located ~ 250 ’ south of the old quarry was reportedly impacted. However the well is reportedly on

site with selenium exceeding the Preventative Action Limit
, not MCL or enforceable standard . Boron exceeds current W isconsin enforceable standard although the re was no standard at that time.


### Previous Basis for Consideration
Scie ntific: The off

- site exceedance of a health

- based standard for selenium


### Other Considerations

 The property with the quarry and impacted private well that had pre

- remediation boron and sulfate exceedances was purchased by the utility and retired.

 No Selenium value exceed ed the MCL.



### Classification Not a Damage Case


### Rationale
No exceedances of MCL or comparable health based standard.



### Additional Sources Groundwater Impacts f

rom Coal Combustion Ash Disposal Sites i n Wisconsin, Pub

- Wa 1174 2004, Michael Zillmer

a nd Philip Fauble, Wisconsin Dept. of Natural Resources Waste & Materials Management Division

. http://www.dnr.wi.gov/org/aw/wm/publications/anewpub/WA1174.pdfAPPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 23 DamageCaseEval_AppendixA

- Final_v1 

## 18) North Lansing Landfill Lansing Board of Water & Light (LBWL) Lansing, MI

Source Document
C oal Combustion Waste Damage Case Assessments, docket ID EPA

- HQ

- RCRA

- 2006

- 0796

- 0015, U.S. EPA Office of Solid Waste, July 9, 2007 

### Type

Gravel Pit 

### Brief Description
Th is 27 acre unlined landfill is located in a former gravel quarry pit with an elevated gro und water table . It was licensed in 1974 for disposal of inert fill materials, including soil, concrete, and brick. From 1980 to 1997, the NLL was used for disposal of approximately 1 million cubic yards of coal ash from the Lansing Board of Water and Ligh t electric and steam generating plants. Onsite groundwater exceeded MCLs for lead and selenium, state standards for lithium, and SMCLs for manganese, boron, and sulfate. Upgradient wells contain significant contaminants including arsenic above the MCL , se veral metals above SMCLs, and elevated other contaminants including volatile organics and ammonia.


### Previous Basis for Consideration
Scientific: Observation of off

- site exceedances of the State's health

- based standard for lithium.


### Other Considerations

 Conse nt order and remediation order signed with state for contamination in on

- site wells

 M I DEQ administrative action for monitoring and assessment of on site well contamination

 The site is located alongside a f ormer landfill , industrial waste disposal sites , an d a superfund site.



### Classification Potential Damage



### Rationale
Onsite groundwater exceeds MC Ls for lead and selenium and SMCLs for manganese, boron, and sulfate. . Lithium

e xceeds s tate risk screening standard for lithium offsite
, but complex background and potential sources suggest partial contribution from other waste sites



### Additional Sources
Superfund Record of Decision: Motor Wheel, MI EPA, EPA/ROD/R05

- 91/172, September 1991 http://www.epa.gov/superfund/sites/rods/fulltext/r0591172.pdfAPPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 24 DamageCaseEval_AppendixA

- Final_v1 

## 19) Northern Ind iana Public Service Corp. (NIPSCO) Yard 520 Landfill Site (Brown's Landfill) Northern Indiana Public Service Corp. (NIPSCO) Township of Pines, Porter County, IN

Source Document Coal Combustion Waste Damage Case Assessments, docket ID EPA

- HQ

- RCRA

- 2006

- 0796

- 0015, U.S. EPA Office of Solid Waste, July 9, 2007 

### Type
Landfill and Structural Fill 

### Brief Description NIPSCO's Bailly and Michigan City power plants have deposited ~ 1 million tons of fly ash in the Town of Pines since 1983. Fly ash was buried in the lan dfill and used as construction fill in the town. The ash is pervasive on site, visible in roads and driveways. Resident complaints lead to discovery of contaminated groundwater, a 2001 Preliminary Assessment and Site Investigation, and ultimately recommend ation by IDEM for addition of the site to the EPA NPL. Site investigations implicated the Pines Yard 520 Landfill site as the likely source of contamination of residential water wells by heavy metals (manganese, boron, molybdenum, arsenic, lead and ionizi ng radiation ) from fly ash. Elevated levels of contaminants not associated with coal ash, such as volatile organic compounds (VOCs) and MTBE, indicate additional sources of contamination. EPA and IDEM negotiated an Administrative Order of Consent



### Previous Basis for Consideration Scientific: Evidence for boron, molybdenum, arsenic, and lead exceeding health

- based standards in water wells away from the Pines Yard 520 Landfill site; and Administrative: Orders of consent signed between EPA and IDEM with respon sible parties for continued work at the site.


### Other Considerations

 EPA order of consent requiring remediation, and correcting of contaminated offsite water supplies

 Boron, molybdenum, arsenic and lead were detected in offsite wells above unspecified health based standards

 A recently conducted Gamma Ray count survey indicates exceedances of EPA’s soil cleanup radiation standards (5 pCi/g)



### Classification Proven Damage


### Rationale Offsite groundwater exceeds MCL s for arsenic and selenium. Administrative Consent Orders were for site assessment and delineation of nature and extent but did not contain explicit findings of specific damages.



### Additional Sources

Administrative Order of Consent, Remedial Investigation Report, Pines Area of Investigation AOC II
, Docke t No. V

- W

- ’04

- C

- 78 4, March 2010 Gamma Count Rate Survey in Pines, Indiana, Conducted October 10

– 15, 2009 PINES (People in Need of Environmental Safety)
, October 27, 2009

. http://www.pineswater.org/RadSurveyPINES.htmAPPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 25 DamageCaseEval_AppendixA

- Final_v1 

## 20) Brandy Branch Reservoir Marshall, TX

Source Document Coal Combustion Waste Damage Case Assessments, docket ID EPA

- HQ

- RCRA

- 2006

- 0796

- 0015, U.S. EPA Office of Solid Waste, July 9, 2007 

### Type Cooling Reservoir


### Constituents of Concern
Selenium 

### Brief Description Brandy Branch Reservoir, which i s also known as Hallsville or Pirkey Lake, is located southwest of Marshall in Harrison County. The reservoir is an impoundment of Brandy Branch Creek. The 1,242

- acre reservoir was constructed in 1983 to serve as a cooling pond for S outhwestern Electric Po wer’ s Pirkey Power Plant. The cooling reservoir received discharges from surface impoundments containing elevated levels of selenium. In 1992, the Texas Department of State Health Services (DSHS; then known as TDH) issued an advisory restricting the consum ption of fish from the reservoir based on selenium concentrations in the fish.


### Previous Basis for Consideration Scientific: Observations of impacts on fish populations were confirmed by scientific study, based on which the State concluded that the impacts were attributable to the ash ponds. Administrative: the State issued a fish consumption advisory as a result of the contamination.


### Other Considerations

 No observable impacts on fish population in this case. Brandy Branch was included in early studies becau se of fish kills reported at nearby Martin’s Creek Reservoir (Case #22)

 Fish Consumption advisory issued; Advisory because of selenium concentrations in fish tissue rescinded because concentrations were not above new allowable selenium standard

 ATSDR/TDH r eevaluated risk in using new samples collected in 1996

- 1997 and found no risk



### Classification Not a Damage Case


### Rationale No indicator of damage due to elevated selenium in surface water and fish tissue . There is no study finding specific damage to fish in the Brandy Branch Reservoir due to elevated selenium..



### Site Notes

 Advisory lifted after 2003 fish sampling and analysis of human health risk. New allowable concentrations would not have been exceeded.

 The State of Texas raised the allowable selenium conc entration in fish tissue from 2 to 6 ppm (dry weight) in 2004 and rescinded the old value.


### Additional Sources Texas Commission on Environmental Quality Assessment of Brandy Branch Reservoir, http://www.tceq.state.tx.us/implementation/water/tmdl/15

- brandybranchreservoir.htmlAPPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 26 DamageCaseEval_AppendixA

- Final_v1 Ecological Assessment of Selenium in the Aquatic Environment
, Appendix A. Selected Case Studies of Ecosystem Contamination by Selenium
, Terry F. Young et. al.
, Edited by Peter M. Chapman et. al. CRC Press 2010, Pages 257

– 292

Health Consultation Brandy Branch Reservoir Marshall, Harrison County, TX
, September 30, 1998
, Agency for Toxic Substances and Disease Registry
, http://www.atsdr.cdc.gov/HAC/pha/PHA.asp?docid=114&pg=0 accessed 10/27/10APPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 27 DamageCaseEval_AppendixA

- Final_v1 

## 21) Southwestern Electric Power Company Welsh Reservoir Southwestern Electric Power Company Mount Pleasant, TX

Source Document Coal Combustion Waste Damage Case Assessments, docket ID EPA

- HQ

- RCRA

- 2006

- 0796

- 0015, U.S. EPA Office of Solid Waste, July 9, 2007 

### Type Cooling Reservoir


### Constituents of Concern
Selenium 

### Brief Description
This lake was constructed in 1976 to serve as a coo ling reservoir for a power plant and receives discharges from an open surface impoundment. The Texas Parks and Wildlife Department's monitoring documents elevated levels of selenium and other metals in fish. The Texas Parks and Wildlife Department (TPWD) r eported levels of selenium in Welsh Reservoir fish ranging from 2.28 to 4.41 ppm from 1986

- 1989.


### Previous Basis for Consideration
Scientific: selenium accumulation in fish may be attributable to the ash settling ponds. Administrative: The State has issued a fish consumption advisory as a result of contamination.


### Other Considerations

 Fish tissue selenium concentration

 Fish Consumption advisory issued; Advisory because of selenium concentrations in fish tissue rescinded because concentrations were not above new allowable selenium standard

 ATSDR/TDH reevaluated risk in using new samples collected in 1998 and found no risk



### Classification Not a Damage Case


### Rationale No indicator of damage due to elevated selenium in surface water and fish tissue



### Site Notes
The State of Texas raised the allowable selenium concentration in fish tissue from 2 to 6 ppm (dry weight) in 2004 and rescinded the old value. Advisory lifted in 2004. Note that this case does not mention fish population impact.


### Additional Sources Ecological Assessment of Selenium in the Aquatic Environment
, Appendix A. Selected Case Studies of Ecosystem Contamination by Selenium
, Terry F. Young et. al. Edited by Peter M. Chapman et. al. CRC Press 2010, Pages 257

– 292
Texas Commission on Environmental Quality Assessment of Welsh Reservoir, http://www.tceq.state.tx.us/implementation/water/tmdl/14

- welshreservoir.htmlAPPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 28 DamageCaseEval_AppendixA

- Final_v1 Health Consultation Welsh Reservoir Mount Pleasant
, T itus County, TX , September 30, 1998, Agency for Toxic Substances and Disease Registry
, http://www.atsdr.cdc.gov/HAC/pha/PHA.asp?docid=145&pg=0 accessed 10/14/10APPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 29 DamageCaseEval_AppendixA

- Final_v1 

## 22) Texas Utilities Electric Martin Lake Reservoir Texas Utilities Electric Tatum, TX

Source Do cument Coal Combustion Waste Damage Case Assessments, docket ID EPA

- HQ

- RCRA

- 2006

- 0796

- 0015, U.S. EPA Office of Solid Waste, July 9, 2007 

### Type Cooling Reservoir


### Constituents of Concern
Selenium 

### Brief Description
This lake was constructed in 1974 to serve a s a cooling reservoir for a power plant and was the site of a series of reported fish die

- off in 1978 and 1979. Investigations determined that unpermitted discharges from ash settling ponds resulted in elevated levels of selenium in the water and fish.



### Pre vious Basis for Consideration
Scientific: Evidence of adverse effects on wildlife

-- impacts on fish populations were observed, and the State concluded that the impacts were attributable to the ash settling ponds. Administrative: The State has issued a fish consumption advisory as a result of the contamination.


### Other Considerations

 Fish Consumption advisory issued; Advisory because of selenium concentrations in fish tissue rescinded because concentrations were not above new allowable selenium standard

 Three y ear fish study demonstrated reduced biomass and slow fish die

- off impacting primarily smaller, planktivores (e.g., shads and shiners)

 Dead fish had elevated selenium relative to background fish and impacts (enlarged kidneys, hemorrhaging) consistent with s elenium overexposure



### Classification
Proven Damage Case


### Rationale
No indicator of human health damage due to elevated selenium in surface water and fish tissue . Reported slow fish die

- off demonstrated in three year study reducing total biomass, population, and diversity.



### Site Notes

 Advisory lifted in 2004 . The State of Texas raised the allowable selenium concentration in fish tissue from 2 to 6 ppm (dry weight) in 2004 and rescinded the old value.



### Additional Sources Ecological Assessment of Selenium in the Aquatic Environment, Appendix A. Selected Case Studies of Ecosystem Contamination by Selenium
, Terry F. Young et. al. Edited by Peter M. Chapman et. al. CRC Press 2010, Pages 257

– 292
Texas Commission on Environmental Quality Assessment of Martin Creek Re servoir
, http://www.tceq.state.tx.us/assets/public/implementation/water/tmdl/12martin/12

- martin.pdfAPPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 30 DamageCaseEval_AppendixA

- Final_v1 Selenium induced changes in fish populations of a heated reservoir, Gary Garrett, Charles Inman, Proc. Annual Conf., Southeastern Fish & Wildlife Assoc. , 1984, p p 291

- 299.

Health Consultation Martin Creek Lake H enderson , R usk and P anola c ounties
, TX , September 17 , 1998, Agency for Toxic Substances an d Disease Registry
, http://www.atsdr.cdc.gov/HAC/pha/PHA.asp?docid=117&pg=0 accessed 10/27/10APPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 31 DamageCaseEval_AppendixA

- Final_v1 

## 23) W.J. Neal Station Surface Impoundment Basin Electric Power Cooperative Velva, ND

Source Document Coal Combustion Waste Damage Case Assessments, docket ID EPA

- HQ

- RCRA

- 2006

- 0796

- 0015, U.S. EPA Office of Solid Waste, July 9, 2007 

### Type Surface Impoundment 

### Brief Description An unlined, 44

- acre surface impoundment received fly ash and scrubber sludge from a coal

- fired power plant, along with other wastes (including ash from the combustion of sunflower seed hull, between the 1950s and the late 1980s. ) The facility was closed by the State of North Dakota between 1989 and 1990. In 1990, ash was consolidated to a 22

- acre footprint and capped with 18

- inches of clay.



### Pre vious Basis for Consideration Scientific: Several constituents have exceeded their (health

- based) primary MCLs in down

- gradient ground water, and the site inspection found documentation of releases to ground water and surface water from the site; and Admin istrative: the State required closure of the facility.


### Other Considerations

 State study found releases to surface and groundwater, required closure of facility; No offsite impacts associated with CCP's, a few onsite impacts and a few uncertain source impac ts.

 MCL exceedances for arsenic and chromium and SMCL for aluminum in down gradient wells

 MCL exceedances for cadmium and lead and SMCL for zinc in an onsite public water supply well

 Documentation of releases to ground and surface water from the site.

 Gr oundwater exceedances were downgradient but onsite with no indication of offsite migration since closure



### Classification Potential Damage



### Rationale Onsite groundwater exceeds MCLs for arsenic, cadmium, chromium, and lead and SMCLs for aluminum and zinc

. . T he State of North Dakota required closure of the facility without any explicit finding of specific damage.



### Additional SourcesAPPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 32 DamageCaseEval_AppendixA

- Final_v1 

## 24) Cooperative Power Association/United Power Coal Creek Station Surface Impoundments Cooperative Power Association Underwood, ND

Source Document Coal Combustion Waste Damage Case Assessments, docket ID EPA

- HQ

- RCRA

- 2006

- 0796

- 0015, U.S. EPA Office of Solid Waste, July 9, 2007 

### Type Evaporation ponds and surface impoundments 

### Brief Description This site includes a number of evaporation ponds and surface impoundments that were constructed in 1978 and 1979. Both the surface impoundments and the evaporation ponds leaked significantly upon plant start

- up. A ND DOH regulator was uncertain as to whether a liner was initially installed, "altho ugh the plant may have thought they were placing some sort of liner." The surficial soils were mostly sandy materials with a high water table. In 1990, the State of North Dakota required re

- lining of the pond with a composite liner.


### Previous Basis for Cons ideration
Scientific: Arsenic and selenium exceeded (health

- based primary MCLs; ) and Administrative: The State required remedial action.


### Other Considerations

 Nearby foundry sands disposal

 Onsite arsenic and selenium above MCLs

 Sulfate and c hloride above SM CL

 State required investigation/remedial action



### Classification Potential Damage



### Rationale Onsite ground water exceeded MCLs for arsenic and selenium. The State of North Dakota required closure of the facility without any explicit finding of specific damag e.


### Site Notes

 Nearest neighbor more than 2 miles away; under remediation and monitoring program; all ponds relined with synthetic liners; may no longer pose potential risk


### Additional SourcesAPPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 33 DamageCaseEval_AppendixA

- Final_v1 

## 25) Martin's Creek Power Plant 2005 Release Mount Bethel Township , PA

Source Document Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Hazardous and Solid Waste Management System; Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals from Electric Utilities ( CCR Proposed Rule ) 

### Type Surface Impoundment 

### Brief Description In August 2005, a dam confining a 40

- acre CCR surface impoundment failed. The dam failure, a violation of the State's solid waste disposal permit, resulted in the discharge of 0.5 million cu. yds of coal

- ash and contaminated water into the Oughoughton Creek and the Delaware River. Ground water monitoring found selenium and chromium concentrations exceeding Pennsylvania's Statewide Health Standards and Federal primary drinking water standards, and there were also exceedances of the SMCL for iron.


### Previous Basis for Consideration Scientific: Exceedances of primary and SMCLs in on

- site ground water, and exceedances of Federal water quality criteria in off

- site surface water; and Administrative: PA DEP issued a consen t order for clean up.


### Other Considerations

 Onsite selenium and chromium exceed MCL s

 Offsite groundwater impacts: aluminum, copper, iron, manganese and silver

 S urface water at outfall arsenic, lead, nickel and zinc exceed AWQC

 Dam failure released coal ash into surface water

 Consent order for cleanup



### Classification Proven Damage


### Rationale
Offsite MCL exceedances reported. D am failure impacted river environment . A dministrative order s for remediation due to surface water impacts

. 

### Additional Sources
Assessment of Water Column Data Collected in Response to a Fly Ash Release on the Delaware River, Delaware River Basin Commission
, John R. Yagecic, P.E., June 19, 2006

Notice of Intent to File Citizen Suit, A rthur J. Russo, Jeffery M. Russo , L aw Offices , September 20, 2005

Phase II

– Delaware River Fly Ash Release Recovery Operations, Work plan Description of Portadam Installation & Fly Ash Removal, PPL

– Martins Creek Steam Electric Station, Lower Mt. Bethel, PA, September 23, 2005

Phase III

– Delaware River Fly Ash Release Recovery Operations, Work Plan Description

- Dredging Operations, Fly Ash Impacted Riverbed Removal, PPL

– Martins Creek Steam Electric Station, Lower Mt. Bethel, PA, D ecember 12, 2005
Phase IV Completion report, Martins Creek Steam Electric S tation, Arcadis BBL, June 2007APPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 34 DamageCaseEval_AppendixA

- Final_v1 

## 26) TVA Kingston 2008 Release TVA Kingston, TN

Source Document Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Hazardous and Solid Waste Management System; Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals from Electric Utilities ( CCR Proposed Rule ) 

### Type Surface Impoundment 

### Brief Description On December 22, 2008, the northeastern dike of a surface impoundment failed. About 5.4 million cubic yards of fly ash sludge was released over about a 300

- acre area and into a branch of the Emory River, disrupting power, rupturing a gas line, and destroying or damaging scores of homes. Sampling results for the contaminated residential soil showed arsenic, cobalt, iron, and thallium levels ab ove the residential Superfund soil screening levels.


### Previous Basis for Consideration Administrative: On May 11, 2009, TVA agreed to clean up more than 5 million tons of spilled coal ash under an administrative order and agreement on consent under CERCLA i ssued by the USEPA, and in early January 2009, the Tennessee Wildlife Resources Agency (TWRA) issued a fish advisory stating that until further notice, fishing should be avoided in the lower section of the Emory River.


### Other Considerations

 Dike failure lea d to massive release of fly ash sludge into river. ar s enic
, cobalt
, iron , Thallium above residential soil screening levels

 Orders include CERCLA (EPA) admini strative order to for clean up., State issued fish advisory , and State administrative action



### Classi fication Proven Damage


### Rationale Large scale failure impacted river environment; Administrative order included fish advisory due to risk from CCR contaminants



### Additional Sources Preliminary Summary Report from Water, Sediment and Fish samples collected at the TVA Ash Spill by Appalachian State University, Appalachian Voices, Tennessee, Aquarium and Wake Forest University, 2009 http://www.appvoices.org/resources/AppVo ices_TVA_Ash_Spill_Report_May15.pdf Accessed: October 6, 2010.

Survey of the Potential Environmental and Health Impacts in the Immediate Aftermath of the Coal Ash Spill in Kingston, Tennessee, L aura Ruhl et al., Environmental Science and Technology, 200 9, Volume 43, Number 16, pp. 6326

– 6333. http://www.ejrc.cau.edu/Statements%2010

- 27

- 09/Attachment%202_Duke%20Study.pdf Accessed: October 6, 2010.

USEPA, REGION 4, A dministrative Order and Agreement on Consent, TVA Kingston Fossil Fuel Plant
, Tennessee Valley Authority Release Site, Roane County, Tennessee, Docket No.: CERCLA

- 04

- 2009, May 2009 ht tp://edocket.access.gpo.gov/2009/pdf/E9

- 21400.pdf Accessed: October 6, 2010.APPENDIX A

– Reassessment of Pr eviously Identified Pr oven Damage Cases October 2010

Do Not Cite or Quote 35 DamageCaseEval_AppendixA

- Final_v1 

## 27) BBBS Sand and Gravel Quarries Gambrills, MD

Source Document Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Hazardous and Solid Waste Management System; Identi fication and Listing of Special Wastes; Disposal of Coal Combustion Residuals from Electric Utilities ( CCR Proposed Rule ) 

### Type
Sand and Gravel Pits 

### Brief Description As of 1995, the defendants used fly ash and bottom ash from two Maryland power plants to fill excavated portions of two unlined sand and gravel quarries. G roundwater samples collected in 2 006/07 from residential drinking water wells near the site indicated contaminants at or above groundwater quality standards. Testing of private wells in 83 homes and businesses in areas around the disposal site revealed MCL exceedances in 34 wells, and SMCLs exceedances in 63 wells.


### Previous Basis for Consideration
Scientific: Documented exceedances of MCLs in numerous off

- site drinking water wells; Administr ative: on October 1, 2007, the Maryland Department of the Environment (MDE) filed a consent order in Anne Arundel County, Maryland Circuit Court to settle an environmental enforcement action against the owner of a sand and gravel quarry and the owner of co al

- fired power plants for contamination of public drinking water wells in the vicinity of the sand and gravel quarry.


### Other Considerations

 Documented offsite MCL exceedances at numerous wells

 State filed consent order



### Classification Proven Damage


### Rationa le
Offsite MCL s e xceedances were reported. Administrative order found contamination of offsite drinking water wells impacted public

.



### Additional Sources

Consent Agreement, 2008

- 2010 Quarterly Reports, Fly Ash Settlement Agreement, and Alternatives Analysi s and Proposed Remediation Report

. http://www.communityashupdate.com/documents.html Accessed: October 6, 2010.
Alternatives Analysis and Proposed Remediation Report, BBSS Site Millersvill e, Maryland, Project No. 1892, Natural Resource Technology, Inc. May 5, 2008

. http://www.communityashupdate.com/pdf/BBSS%20Alte rnatives%20Analysis%20and%20Proposed%20Remediati on%20Report.pdf Accessed: October 6, 2010.