EC Waste’s Record on the Safe and Legal Disposal of Coal Combustion ResidualsEC Waste

EC Waste’s Record on the Safe and Legal Disposal of Coal Combustion Residuals

BY Admin / ON Oct 01, 2018

In recent days, the Puerto Rico Independence Party and others have tried to destabilize Puerto Rico, and undermine the safety and jobs of employees at EC Waste. These people have publicly leveled false claims against our company and employees despite proven facts and legal victories that clearly demonstrate that EC Waste’s services protect the health and safety of the community, protect the environment and are in compliance with federal and local law.

This is deeply unfortunate. EC Waste is in full compliance with all laws and rules of the U.S. Environmental Protection Agency (EPA) and the Puerto Rico Environmental Quality Board (EQB).

On November 30, Weldín Ortiz Franco, head of the EQB, told the Senate of Puerto Rico once again that coal ash “is a non-hazardous waste” and its handling is subject to federal and Commonwealth rules for the safe handling of this material. Furthermore, the EPA issued a Compliance Assessment Report as recently as August 2016 which showed that EC Waste’s facility in Peñuelas is fully compliant with these rules and poses no danger to the public.

However, now the Governor – at the behest of the Puerto Rican Independence Party – is poised to introduce SB 340 during the Special Session. This is a job-killing bill that will increase electricity prices and cut Puerto Rico off from a legitimate economic activity in the waste disposal, manufacturing and construction industries. This bill will undermine Puerto Rico’s economic recovery – no matter how many amendments are made to it.

What’s worse for Puerto Rico and its perilous state of financial liquidity, it says to investors and Wall Street that Puerto Rico is not open for business.

Amid the false claims and public disorder, the people deserve to know the facts about EC Waste’s services.

Myth One – “Fugitive” Ash: Protestors have claimed that, “coal ash has been used as daily cover for garbage or just left in mounds exposed to the breeze and rain which has led to fugitive dust and water contamination,” i suggesting that coal ash is flying into the air and contaminating the community.

Fact: At EC Waste, our priority is complying with the law and protecting the safety and health of our employees and community. EC Waste is a fully-permitted company by the Environmental Quality Board (EQB) (Permit No. IDF-57-0020 for PVL) to handle Coal Combustion Residuals (CCRs). To obtain our permits, we must adhere to strict guidelines for usage, including ensuring that the CCR is not left to fly loose through the community thus leading to contamination. Part of our procedure includes running our coal ash material through hydration in the liquid waste solidification process, which eliminates the materials dusty consistency and ensuring at the close of each day all coal ash is covered.

Myth Two – Contaminating Groundwater: Professor of Natural Sciences University of Puerto Rico, Osvaldo Rosario Lopez, claims, “If we analyze these ashes we will find a number of highly toxic and carcinogenic substances. The test used to say they are non-toxic is a test similar to straining coffee where you use hot water to remove the chemical components from the granulation in the water.”

Fact: EC Waste is in compliance with EPA’s standards that establish requirements for landfills. To be in compliance with the EPA’s Resource Conservation and Recovery Act (RCRA), all landfills must be appropriately lined to protect the groundwater. EC Waste regularly monitors nearby groundwater for contamination. The facility is regularly inspected by the EQB and the EPA to ensure operations remain safe and compliant.

In addition, the company’s facility in Peñuelas (PVL) is constructed over the Juana Díaz Geological Formation that is rich in nearly impermeable clays that exceed the standards required for liner installation. Furthermore, the Juana Díaz Formation in Peñuelas lacks potable water underground. There is no hydraulic connection between the PVL site and the Tallaboa Valley. In addition, there are no public potable water wells in The Valley. The combination of heavy clays, the lack of potable groundwater and finally the installation of a synthetic composite liner guarantees that all wastes disposed at PVL are properly contained; contamination of potable water sources is not possible.

Myth Three – Containing Toxins: José Francisco Sáez Cintron, spokesman for the Pro Dry Forest Coalition Ventanas-Verraco claimed, “…they (EC Waste) will use a number of invalid arguments, because it is proven that coal ash is toxic.” ii

Fact: The EPA has formally issued a statement declaring coal ash a non-hazardous waste and has outlined appropriate, beneficial uses and disposal methods for coal ash by-products. In reports conducted in conjunction with the U.S. Department of Transportation and the U.S. Department of Energy, coal ash by-products, including fly ash, bottom ash, boiler slag and flue gas desulfurization (FGD), have been proven to be non-hazardous and beneficial substitutes in construction and infrastructure projects, including concrete, cement, wallboard, structural fills and road base. iii

For example, the use of said material increases the durability and strength of concrete, as well as, greenhouse gas emissions. For each ton of fly ash that is substituted for Portland cement, approximately one ton of greenhouse emissions are avoided. iv

Myth Four – Non-Compliance with the EQB: Jimmy Borrero, a radical protestor, claims that EC Waste is in violation of EQB rules. v

Fact: This is a lie. The EQB and EPA have verified that EC Waste’s Peñuelas Valley Landfill is a fully compliant facility. The facility has permits and operations plans approved by the EQB (Permit No. IDF-57-0020 for PVL). PVL is approved to use CCRs for solidification of non-hazardous liquid waste, as well as final disposal, and is also considering several other beneficial uses for products made from CCRs. PVL’s coal ash disposal service complies with the Regulation for Non-Hazardous Solid Wastes Management of the EQB,vi and with Subtitle D Regulation of RCRA under the EPA.vii Further, the 2015 CCR rule issued by the EPA states that disposal must happen in Subtitle D landfills; EC Waste is Subtitle D compliant.

Myth Five – Invalid Court Rulings: Protestors allege the coal ash deposits “are illegal, because the Appeals Court decision is not final and firm.” ix

Fact: This is not how the legal court process works in the United States. EC Waste is fully permitted to resume its coal ash use and disposal activities, as confirmed by the Court of Appeals of the Commonwealth of Puerto Rico rulings on November 9 and November 28. x

Myth Six – No Job Creation: José Francisco Sáez Cintron, spokesman for the Pro Dry Forest Coalition Ventanas-Verraco claims, “there is no job creation.” xi

Fact: Job creation is not something that occurs every day in Puerto Rico. EC Waste has invested over $100 million and created over 300 direct jobs, and supports thousands of indirect jobs. These jobs are conducted in the most responsible and safe ways and they contribute critically to Puerto Rico’s economic development.

Myth Seven – Inappropriate Testing Methods: Professor of Natural Sciences University of Puerto Rico, Osvaldo Rosario Lopez, has also claimed the testing being used is “not working” and “will not give a clear result of the compounds of the ashes.” xii

Fact: The only EPA method referenced in the regulation for the characterization of hazardous wastes under Resource Conservation and Recovery Act (RCRA) is the Toxicity Characteristic Leaching Procedure (TCLP). Only the TCLP is used for toxicity characterization of solid wastes for disposal. The EPA in the development of the CCR rule that became effective in October 2015 considered other analytical methods and the final rule adopts the Subtitle D standards for the disposal of these materials. EPA did not impose any new or additional testing for the characterization of CCRs.

[i] “Why Were More Than 60 People Arrested in Puerto Rico for Protesting the Depositing of Coal Ash?,” Latino Rebels, November 26, 2016:http://www.latinorebels.com/2016/11/24/why-were-more-than-60-people-arrested-in-puerto-rico-for-protesting-the-depositing-of-coal-ash/

[ii] Sandra Torres, “Ash trucks blocked,” El Vocero, November 23, 2016: http://elvocero.com/bloqueados-los-camiones-con-cenizas/

[iii] U.S. Environmental Protection Agency, “EPA Announces First National Regulations to Safeguard Disposal of Coal Ash,” Dec. 2014: https://yosemite.epa.gov/opa/admpress.nsf/bd4379a92ceceeac8525735900400c27/8d1b001db717edbf85257db3006b2747!OpenDocument

[iv] https://nepis.epa.gov/Exe/ZyPDF.cgi/P1003EUM.PDF?Dockey=P1003EUM.PDF

[v] http://www.coalashchronicles.com/beneficial-resuse/setting-the-record-straight-on-the-beneficial-use-of-coal-ash

[vi] “Request to include in extraordinary session a measure against coal ash, El Nuevo Dia, November 24, 2016:http://www.elnuevodia.com/noticias/politica/nota/pidenincluirensesionextraordinariaunamedidacontracenizascarbon-2266096/

[vii] Puerto Rican Environmental Quality Board Notification of Authorization to EC Waste, June 30, 2015: https://www2.pr.gov/agencias/jca/Documents/Publicaciones%20de%20Inter%C3%A9s/EC%20Waste%20%20LLC%20-%20SRS%20Penuelas/R-15-17-1%20EC%20Waste%20SRS%20Solicitud%20de%20Autorizaci%C3%B3n.pdf

[viii] https://www3.epa.gov/region02/waste/dsummary.htm

[ix] Gerardo E. Alvarado Leon, “More voices join chorus of rejection over ash,” El Nuevo Dia, November 23, 2016

[x] “Court of Appeals rules in favor of coal ash disposal in Peñuelas, EC Waste, November 10, 2016: http://ecwasteblog.com/2016/11/11/court-appeals-rules-favor-coal-ash-disposal-penuelas/?lang=en

[xi] Sandra Torres, “Ash trucks blocked,” El Vocero, November 23,16 http://elvocero.com/bloqueados-los-camiones-con-cenizas/

[xii] “Defense of ash deposits in Peñuelas,” El Vocero, November 28, 2016: http://elvocero.com/defienden-deposito-de-cenizas-en-penuelas/

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