Pat Gearity Writes:

Citizens for Clean Power, Lewes DE
A nonprofit grassroots organization dedicated to cleaner air in Delaware
Contact: Patricia Gearity 302 519-7256
...DNREC should never have approved last year's landfill permit, with the information we have discovered from our FOIA to them...
Citizen’s FOIA Request Shows Indian River Power Plant Has Direct Impact on Arsenic Levels in Island Creek, Indian River
In October 2007, John Austin, a resident of Rehoboth Beach, Delaware, and retired EPA scientist, sent a Freedom of Information Act (FOIA) request to Delaware’s Department of Natural Resources & Environmental Control (DNREC). Austin, a member of Citizens for Clean Power, was concerned about reports of declining fish populations and degrading conditions in the Indian River/Inland Bays area, and the possible impacts of the fly ash landfill at the NRG Indian River Power Plant (IRPP). As reported by the Wilmington News Journal on March 4, 2007, weakfish, summer flounder and striped bass populations have been on the decline due to over-fishing, pollution and the deadly water intakes of power plants.
According to DNREC’s June 2001 Inland Bays/Atlantic Ocean Basin Assessment Report, surface-water monitoring shows generally increasing levels of total arsenic in Island Creek.1 The waters of Island Creek flow into the Indian River. Island Creek absorbs leachate from the IRPP’s on-site landfill. The leachate contains arsenic. Arsenic is among the toxic components of fly ash, a by-product of coal combustion at the plant.
After repeated requests by Austin, DNREC finally responded with data on February 29, 2008. Records obtained show DNREC has known since 1997 that a plume of arsenic-contaminated ground water has reached IRPP’s monitoring well 326C, located on the banks of Island Creek.
Furthermore, DNREC has known since 1983 that water samples taken from IRPP’s Well 103C, located at the edge of the plant’s fly ash landfill, have shown consistent arsenic contamination at the depth sampled. According to Austin, Well 103C shows the most arsenic contamination. DNREC’S records show the highest measurement occurred on August 18, 1987, when Well 103C had positive arsenic contamination of 32 parts per billion (ppb). The reading on August 18, 1987 was 1600 times higher than the EPA’s standard of 0.02 ppb “threshold of concern”2 for consumption of arsenic in water. The “threshold of concern” for human drinking water consumption carries a one in a million additional cancer risk. However, if consistently consumed, people who drank water at the 32 ppb arsenic level shown in the DNREC data would have an increased cancer risk of 1.6 cases per 1000 persons.
Wells 103A-C were drilled in 1982. Data supplied by DNREC show arsenic contamination in Well 103C from January 13, 1983 through October 25, 2006. Even though DNREC had this data in hand for decades, DNREC still approved the IRPP unlined fly ash landfill permit on January 24, 2007, which operates until January 24, 2012.
Austin is also concerned about recreational fishing in the Island Creek and Indian River Inlet areas so long as arsenic continues to leach from the unlined fly ash landfill. EPA has long known that aquatic organisms can accumulate chemicals in their bodies when they are exposed to these chemicals through water, food, and other sources. This process is called “bioaccumulation.”
Due to the bioaccumulation and carcinogenic properties of arsenic, the National Recommended Water Quality Criteria for human consumption of fish and other aquatic organisms is just 0.14 ppb3, equivalent to a one in a million cancer risk
Austin notes, “These levels of arsenic contamination are not insignificant.” CCP believes DNREC never should have approved the [2007] permit application from NRG, which runs the plant. Instead, they should have begun a “corrective action” under the federal RCRA law, halt further contamination from reaching Island Creek, and close the unlined fly ash landfill at the site.
Austin calls on DNREC to take immediate steps to halt continued disposal in the fly ash landfill, and to halt the unpermitted discharge of arsenic-laden groundwater seeping into Island Creek
EPA’s latest Toxic Release Inventory (2006) indicates that the only known industrial source of arsenic near Island Creek is the Indian River Power Plant. The current owner is NRG. The previous owner was Conectiv/Delmarva Power. Based upon the data produced, Austin believes the power plant is the likely source of arsenic contamination in Island Creek and the Indian River.
Incidents in which excessive arsenic contamination was found in Well 103C occurred as early as August 10, 1983 (27ppb), in 1986, 1987 (32 ppb), 1998, 1999, 2003, 2004, 2005, and as late as October 25, 2006. Well 103C, which is believed to be screened to sample at depths of 49 to 59 feet, has shown positive arsenic contamination 14 times since 1983 at levels of 10 ppb or more. Austin remarked, “While the Safe Drinking Water Maximum Allowable Concentration (MCL) is 10 ppb, the MCL is set after consideration of the treatment costs of naturally-occurring arsenic levels at small water supplies in the West, and is still a significant risk of 5 additional cancers per 10,000 people.”
CCP could not find a current prohibition of fishing in the vicinity of Island Creek. Delaware’s statewide fish advisory states that adults should consume no more than one 8 ounce serving a week and children no more than one 3 ounce serving a week.4 However, the advisory does not mention the arsenic contamination in Island Creek or the Indian River.
BACKGROUND INFORMATION:
From DNREC – Inland Bays/Atlantic Ocean Basin Assessment Report – Whole Basin, June 2001, Page 133. Assess at:
http://www.dnrec.state.de.us/DNREC2000/admin/wholebasin/inlandbays/assessment/DOCUMENT/Inland%20Bays%20Assessment%20(With%20Maps).pdf
“ The Indian River power plant has been operating
since 1956. Currently, there are four coal-burning electrical
generating units in use at the site. The plant burns
approximately 1.2 million tons of coal annually and produces
approximately 275,000 cubic yards of fly ash and
48,000 cubic yards of bottom ash. The ash is disposed of
in an unlined, active landfill on the site. There is also an
inactive unlined ash landfill on the eastern end of Burton
Island. In addition, coal is stored on Burton Island just
east of the plant in an unlined storage area.
Metals are present in the coal and the ash, but they are
not very soluble or mobile in ground water. But degradation
of the sulfur in coal can lead to acid production and
increased mobilization of the metals present. Studies performed
in the 1970s to support the landfill application
indicated that arsenic and selenium were likely to be the
most soluble of the metals leached from the ash.
Surface-water monitoring shows generally increasing
levels of total arsenic in Island Creek. Although levels of
selenium in Island Creek are elevated, they have generally
remained level, with no single grab sample exceeding the
marine chronic surface water standard of 0.71 milligrams
per liter since sampling began in 1981. Besides the two
surface-water-monitoring locations in Island Creek, the
solid waste permit requires that runoff from the active
landfill be monitored at the outfall of its sedimentation
Basin. For more information about this landfill, contact
the Solid Waste Management Branch.” [bold added]
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ABOUT ARSENIC FROM NRG’S INDIAN RIVER POWER PLANT:
According to the EPA’s 2006 Toxic Release Inventory, the NRG Indian River coal plant released 31,000 pounds of arsenic into the plant’s landfill in 2006. The landfill leaches arsenic compounds and other chemicals into the underlying aquifer, which flows into Indian Creek and ultimately into the Indian River Inlet area. The coal plant also released 1000 pounds of arsenic into the air in 2006. According to the TRI report, the NRG coal plant is the only industrial facility in eastern Sussex County which emits arsenic and arsenic compounds.
The total toxic releases from the IRPP in 2006 were 3,722,456 pounds, according to the 2006 TRI. The NRG coal plant is the largest industrial polluter in Delaware, followed by Premcor Refining in Delaware City, and the Edgemoor/Hay Road power plant in Wilmington.
Access the EPA 2006 TRI Delaware Facility Report at: http://www.epa.gov/triexplorer/chemical.htm
A map of the IRPP well layout is in the Preliminary Assessment- DNREC project DE-293, July 1999 can be faxed to you, contact Pat Gearity at 519-7256. It is stored at: http://apps.dnrec.state.de.us/docfinity/intraviewer/session/frmmain.cfm
Select simple find -- open site/category list-- scroll to DP&L Indian River DE-293
Go to first document, arrow though pages – but first page shown is in error
ABOUT ARSENIC:
The following is quoted from US Dept. Health & Human Services, ToxFAQs, 10/5/07. Access at:
http://www.atsdr.cdc.gov/tfacts2.html
“How can arsenic affect my health?
Breathing high levels of inorganic arsenic can give you a sore throat or irritated lungs.
Ingesting very high levels of arsenic can result in death. Exposure to lower levels can cause nausea and vomiting, decreased production of red and white blood cells, abnormal heart rhythm, damage to blood vessels, and a sensation of “pins and needles” in hands and feet.
Ingesting or breathing low levels of inorganic arsenic for a long time can cause a darkening of the skin and the appearance of small “corns” or “warts” on the palms, soles, and torso.
How likely is arsenic to cause cancer?
Several studies have shown that ingestion of inorganic arsenic can increase the risk of skin cancer and cancer in the liver, bladder, and lungs. Inhalation of inorganic arsenic can cause increased risk of lung cancer. The Department of Health and Human Services (DHHS) and the EPA have determined that inorganic arsenic is a known human carcinogen. The International Agency for Research on Cancer (IARC) has determined that inorganic arsenic is carcinogenic to humans.
How does arsenic affect children?
There is some evidence that long-term exposure to arsenic in children may result in lower IQ scores. There is also some evidence that exposure to arsenic in the womb and early childhood may increase mortality in young adults.
There is some evidence that inhaled or ingested arsenic can injure pregnant women or their unborn babies, although the studies are not definitive. Studies in animals show that large doses of arsenic that cause illness in pregnant females, can also cause low birth weight, fetal malformations, and even fetal death. Arsenic can cross the placenta and has been found in fetal tissues. Arsenic is found at low levels in breast milk.
Is there a medical test to show whether I've been exposed to arsenic?
There are tests available to measure arsenic in your blood, urine, hair, and fingernails. The urine test is the most reliable test for arsenic exposure within the last few days. Tests on hair and fingernails can measure exposure to high levels of arsenic over the past 6-12 months. These tests can determine if you have been exposed to above-average levels of arsenic. They cannot predict whether the arsenic levels in your body will affect your health.”
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WHAT DID THE LATEST DNREC FISH CONSUMPTION ADVISORY SAY ABOUT ARSENIC?
Nothing.
DNREC issued a Fish Consumption Advisory on May 17, 2007, for the Delaware Atlantic Coastal Waters including the Delaware Inland Bays for PCBs and mercury contamination of bluefish only. DNREC did not mention arsenic contamination as a contaminant of concern. DNREC did not warn against ingesting local species in the Indian River area such as weakfish, flounder and striped bass. Access on Page 5 at:
http://www.fw.delaware.gov/SiteCollectionDocuments/FW%20Gallery/2007%20DE%20Fish%20Advisory%20Chart%20Blue%20Line%20Final%20May%2017.pdf

1http://www.dnrec.state.de.us/DNREC2000/admin/wholebasin/inlandbays/assessment/DOCUMENT/CHAPTERS/CHAPTERS%20TEXT%20ONLY/Section%207%20-%20Contaminants.pdf page 133
2 http://www.epa.gov/ncea/iris/subst/0278.htm Section II.B
3 http://www.epa.gov/waterscience/criteria/wqcriteria.html
4 http://www.fw.delaware.gov/SiteCollectionDocuments/FW%20Gallery/2007%20DE%20Fish%20Advisory%20Chart%20Blue%20Line%20Final%20May%2017.pdf