Imminent and Substantial Endangerment to Human Health and The Environment from Use of Coal Ash as fill Material at Construction Sites in Puerto Rico: A Case Study

The focus of this paper is secondary, also referred to as beneficial use of coal combustion residuals (CCRs) in Puerto Rico. This paper discusses the disposal of CCRs in Puerto Rico, the imminent and substantial endangerment to human health and the environment it presents and the implications of CCR use worldwide. Virtually one hundred percent of the CCRs generated in Puerto Rico are used as fill material at residential, commercial and road construction projects, often in flood prone areas in the southeastern region of the island. The secondary use of approximately 300,000 tons of CCRs per year as fill material at construction sites above a sole source aquifer poses risks of imminent and substantial endangerment to human health and the environment. Analytical test results of the CCRs being used indicate high levels of constituents of concern and radioactive isotopes. We strongly urge barring use of CCRs as land fill and land application in light of proven and potential damage cases resulting from these practices. References in parentheses are to pages in the EPA Proposed Rule on Hazardous and Solid Waste Management System; Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals from Electric Utilities (proposed rule) and the Bevill Exemption.