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46,000 gallons of toxic foam pumped into burning coal mine

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* If nothing else, you should read all of this Michael Hawthorne story for a glimpse at how the IEPA is so regularly worthless…

Operators of a southern Illinois coal mine dumped toxic foam deep underground in an unsuccessful attempt to extinguish a fire that idled production last month, according to documents obtained by the Chicago Tribune.

The type of foam used by St. Louis-based Foresight Energy is being phased out in Illinois and 11 other states under laws that for the first time restrict unregulated chemicals known as PFAS — shorthand for perfluoroalkyl and polyfluoroalkyl substances.

PFAS are a growing concern worldwide because they remain in the environment forever, linger in the blood of exposed people for years and trigger several health problems, including cancer, liver damage and decreased fertility.

One of Foresight’s lawyers told state officials the foam used at the Sugar Camp complex was biodegradable and would not harm fish or wildlife. But inspectors later determined the company had pumped more than 46,000 gallons of PFAS-laden foam into the mine, raising the possibility that nearby private wells and other sources of drinking water could be contaminated.

Company officials also hired contractors to drill boreholes into the mine without a permit, records show. One of the boreholes is close to a creek where testing this month by the Illinois Environmental Protection detected high levels of PFAS. […]

Nearly all of Foresight’s coal is shipped to other states and countries. The company cuts costs by relying on longwall mining, a process that uses robotic equipment rather than people to do most of the work.

…Adding… IEPA…

Illinois EPA received an incident report from the National Response Center on September 1, 2021, that firefighting foam possibly containing PFAS was seen in surface water in an unnamed creek near the mine. On that day, the Illinois EPA began an investigation which included onsite inspection and collection of samples. Following the receipt of sample results, the Illinois EPA initiated an enforcement action against Foresight Energy.

The Illinois EPA has no role or authority to dictate how a fire, either above or below ground, is to be handled, including what type of firefighting tools or materials are used in the process. Banning specific tools or materials would need to be done via state or federal law. While there is currently no prohibition in Illinois on the use of aqueous firefighting foam (AFFF) containing per-and polyfluoralkyl substances (PFAS) in emergency incidents, the Illinois EPA has serious concerns about the potential for environmental and health impacts and is taking a number of steps to address this emerging contaminant. This includes working with the Office of the State Fire Marshal and Illinois Fire Chiefs Association to develop a fact sheet for first responders, finalizing a statewide sampling exercise of all 1,749 community water supplies in Illinois to determine PFAS levels, and working to propose statewide standards for PFAS in drinking water and groundwater. The promulgation of water quality standards and drinking water standards for PFAS will place Illinois in a small number of states nationwide that have taken action on their own to further oversight and enforcement of PFAS.

posted by Rich Miller
Wednesday, Oct 6, 21 @ 10:39 am

Comments

Meanwhile, SIPC wants me to get up in arms about the *possible* closure of Prarie State in 2035.

Comment by Flyin' Elvis'-Utah Chapter Wednesday, Oct 6, 21 @ 10:48 am
===a glimpse at how the IEPA===

The question we should ask ourselves is whether or not this is a feature and not a bug. As a feature it could be from the deliberate organization and management of the agency over the last several decades to protect the interests of businesses vs the interest of the environment and Illinoisans in general.

We’ve seen the extent to which our elected officials will protect a coal burning power plant at the expense of literally everyone else, so maybe we shouldn’t blame the agency, but the elected officials.

Let’s consider their head count. The locations of their offices. The locations of their recent hires. The number of investigators hired over the last decade or two. How about the Raunerites? They still there trying to sabotage the agency?

This is a failure by design and this failure allows profit seeking companies that provide little return to our state and communities to destroy our environment and ruin the lives of Illinoisans.

It’s like with the hundreds of child investigator positions that DCFS has failed to fill and doesn’t seem to be doing anything to address.

We can’t fix the problem if we don’t invest the resources. If we’re not fixing the problem and we’re not investing the resources, then that problem is an intentional choice on our part.

This is what we wanted to have happen and that’s why the IEPA didn’t stop it and unless we’re sending people to prison over it, it’s not going to stop.

Comment by Candy Dogood Wednesday, Oct 6, 21 @ 10:51 am
===whether or not this is a feature and not a bug===

Definitely a feature. Our state enviro enforcement laws are pretty weak.

Comment by Rich Miller Wednesday, Oct 6, 21 @ 10:54 am
This seems like the type of situation the IEPA should be on top of.
Probably about time to get their public relations staff to issue a press release and then the agency folks can go back to sleep.

Comment by Back to the Future Wednesday, Oct 6, 21 @ 10:56 am
An effective non-PFA firefighting foam has not yet been found. They are an extremely effective agent in certain firefighting situations, but they need to be contained to limit environmental impact. The article doesn’t say what containment measures may have been used- if any- but nevertheless this is an ugly situation.
With that said, unless I missed something, I fail to see how this is on IEPA- if Foresight’s attorney lied to them about the type of foam to be used, the blame falls squarely on Foresight and/or the attorney.

Comment by Father Ted Wednesday, Oct 6, 21 @ 10:56 am
===The article doesn’t say what containment measures may have been used===

They, um, drilled holes in the mine.

Comment by Rich Miller Wednesday, Oct 6, 21 @ 10:58 am
===Definitely a feature.===

I agree, but there are still people at the agency who believe in the mission even if they’re not being given the tools and the resources to do it successfully, and it takes a certain kind of person to take ownership of a failure, label it a failure, and try to build the support to make it better.

Comment by Candy Dogood Wednesday, Oct 6, 21 @ 11:01 am
===This seems like the type of situation the IEPA should be on top of.===

This is sort of past the agency level. It’s a structural problem that won’t be address unless legislation is changed, and given Senate President Don Harmon’s loyalty to the fossil fuel industry over the State of Illinois as a whole, I can’t imagine we’d see meaningful success. But maybe Senator Harmon will surprise me but I can still root for him having a primary opponent to whisper into his ear “thou art still mortal.”

Comment by Candy Dogood Wednesday, Oct 6, 21 @ 11:05 am
Wouldn’t the drilling of holes in mines be regulated under Mines and Minerals which is part of IDNR and not IEPA? I was never sure why that wasn’t a part of IEPA.

Comment by Janesville Wednesday, Oct 6, 21 @ 11:06 am
It amazes me that the IEPA can be so worthless on such important issues, while cracking down hard on meaningless ones. Years ago I got an immediate phone call and had to submit an action plan right away when some trucks working on our construction project tracked mud onto a state highway running through town after a rainy day. By the time they received my plan in the mail, rain had washed the mud away with no harm to anyone.

Comment by Still Waiting Wednesday, Oct 6, 21 @ 11:07 am
Jon Oliver did a segment on PFAS Sunday night. Scary stuff.

I am always amazed when people are shocked at how poorly we enforce regulations in just about every area at the state level. We have invested very little in the area of enforcement even as the ILGA passes a myriad of laws and agencies create regulations. If we do not have the people to actually go out and enforce these regs, they don’t have much of a chance of happening. Of course regulation enforcement costs money, and nobody seems to want to invest.

Comment by JS Mill Wednesday, Oct 6, 21 @ 11:08 am
” Our state enviro enforcement laws are pretty weak.”

And I doubt the GA or the administration has the expertise to identify the right fixes…and I don’t even want to know the price tag of bringing in outside experts to review the agency and laws/codes.

Comment by NIU Grad Wednesday, Oct 6, 21 @ 11:10 am
At least Illinois is not Indiana. The Hoosier State is in the top ten of highly polluted states with coal emissions and steel industries releasing toxic chemicals into Lake Michigan.

As a kid, I remember swimming in the lake with oil residue covering our suits. Not much has changed.

Comment by Rudy’s teeth Wednesday, Oct 6, 21 @ 11:21 am
==They, um, drilled holes in the mine.==

That, um, is not containment. Most likely, the holes were drilled to vent the mine and displace the air in it so the foam could be injected.

Comment by Father Ted Wednesday, Oct 6, 21 @ 11:22 am
===That, um, is not containment===

Ya think???

Comment by Rich Miller Wednesday, Oct 6, 21 @ 11:28 am
I’m disappointed in you here Rich. This idea that our government agencies are worthless if they are not everywhere at all times protecting from any possible risk sounds like the unrealistic expectation that leads to people dismissing the CDC altogether since their guidance changes. Forget the fact that the legislature has mostly left it to DNR to regulate mines. Forget that it is the federal government that allows new chemicals like this to become ubiquitous until they are shown to be dangerous. But Illinois EPA was somehow supposed to prevent any use of this type of firefighting foam because folks in Springfield tried to ban it or they must be worthless. What should be shocking is that of the handful of people doing such work in the State, Illinois EPA was able to obtain samples in the surface water that can be used to hold someone accountable. Beating up on hallowed out staff doesn’t get us better government.

Illinois also has some of the most stringent environmental enforcement laws in the country. I don’t know what would make someone say they are weak? Not only do they have emergency powers, but show me another State with the same level of citizen suit provisions over every area of environmental regulation.

Comment by JLW Wednesday, Oct 6, 21 @ 11:31 am
==But maybe Senator Harmon will surprise me==

See also: 60-30-1

Comment by SAP Wednesday, Oct 6, 21 @ 11:39 am
===Illinois also has some of the most stringent environmental enforcement laws in the country===

lol

Comment by Rich Miller Wednesday, Oct 6, 21 @ 11:39 am
When we had a problem with our neighbors sewage coming onto our property, the IEPA was useless. This was 25 years ago, and I doubt if they’ve changed.

Comment by Furtive Look Wednesday, Oct 6, 21 @ 11:47 am
“Our state enviro enforcement laws are pretty weak.” Although the “make Illinois more business friendly” crowd disagrees.

Comment by Skeptic Wednesday, Oct 6, 21 @ 12:02 pm
An effective non-PFA firefighting foam has not yet been found===

A quick google search shows dozens of manufacturers of non-PFAS foams. Given that states and countries have banned PFAS foam use, they must be effective enough.

Comment by Jibba Wednesday, Oct 6, 21 @ 12:11 pm
There are a lot of problems with the IEPA right now. Yes, there are several Rauner people still within the agency that need to go. The EPA has experienced a brain drain that started under Rauner and has gotten worse. Many sections are down to 3 or 4 people and some bureaus are having trouble filling the needed scientific positions. Young new hires move on once the reality of Tier II sets in. The pay and benefits are better in the private sector and they don’t have to put up with the constant bashing of public employees. Illinois has many good environmental laws but the way the system is set up to enforce them makes it cumbersome. As someone mentioned, enforcement of the laws may be divided among multiple agencies, i.e. IDNR, IDPH, local health departments, and to the IEPA. In addition, the loss of institutional knowledge and a sufficient number of necessary employees is making the job of this much needed agency even more difficult. It is going to take time to get most Illinois agencies back to where they need to be after the harm done during the Rauner years.

Comment by bungalowhistorians Wednesday, Oct 6, 21 @ 12:16 pm
I work with the Illinois EPA all the time. It is not…great. I have been working with Illinois environmental laws and regulations for over 30 years.

The laws and regulations aren’t weak, but there is little enforcement. Staffing is decent in the review and approval process, but there aren’t many in the field in response to these types of things. The ones I have met are trying their best.

I think I read the same article at another source - I don’t subscribe to the Tribune - so my question is: what is the timeframe between the local activist contacting the Illinois EPA and any action by the agency. Did the Tribune article prompt action, or has something started to address this?

As far as the environmental protection part of it goes, the horse left the barn once the foam was introduced into the ground. There is no way to just remove it so the timeframe to remediate is in months and years, not days and weeks.

Comment by Lefty Lefty Wednesday, Oct 6, 21 @ 12:33 pm
That company should be requires to supply clean bottled water to residents who have contaminated water from this PFAS incident, forever if needed.

Comment by DuPage Wednesday, Oct 6, 21 @ 12:46 pm
===See also: 60-30-1===

Seems like forever ago, but I remember something about a brick. I presumed that was a metaphor for some kind action and not a literal brick but I am the first to discount my understanding of state politics.

Comment by Candy Dogood Wednesday, Oct 6, 21 @ 1:15 pm
=== … and then the agency folks can go back to sleep.===

From Blago / Filan to Rauner, you think they have staff to do anything besides deal with DoIT, CMS, OAG, legislative staff, the CPO, GATA … ?

Comment by Anyone Remember Wednesday, Oct 6, 21 @ 1:22 pm
“The laws and regulations aren’t weak, but there is little enforcement.”

There is a staffing shortage at Illinois’s State Agencies thanks to Rauner. Our current governor needs to hire more people. Unfortunately, there is a shortage of workers everywhere.

Comment by M Wednesday, Oct 6, 21 @ 1:49 pm
One of the radio stations our company has is about 15 minutes from that mine and the first we’ve heard about this incident comes from Chicago. There has been nothing mentioned down there.

Comment by transplant Wednesday, Oct 6, 21 @ 1:59 pm
Just another reason we need to quit coal.

Comment by Siualum Wednesday, Oct 6, 21 @ 2:30 pm
I’m still trying to grasp how this story makes IEPA look worthless? Were they supposed to have prevented this idiot company from doing this? They responded as soon as they found out about it. What else would you have liked them to do?

Comment by Demoralized Wednesday, Oct 6, 21 @ 3:34 pm
Just watch the John Oliver on PFAS that dropped Sunday. This stuff is now in everyone blood. Very sad indeed.

Comment by BluegrassBoy Wednesday, Oct 6, 21 @ 3:42 pm
Yes, IEPA is shorthanded. Yet, that has not prevented them from working on and issuing a new construction permit for a huge new gas-fired power plant while this story broke. Seems priorities on how to deal with fossil fuel industry interests are backwards at our environmental PROTECTION agency.

Comment by Zlex Wednesday, Oct 6, 21 @ 3:50 pm
==has not prevented them from working on and issuing a new construction permit for a huge new gas-fired power plant ==

Is the plant eligible for a permit? If so I don’t see the problem. There are these things called laws that you follow. You don’t just get to deny things because you don’t like them.

Comment by Demoralized Wednesday, Oct 6, 21 @ 3:53 pm
Some folks are reacting with feelings rather than substantive facts. This type of situation requires significant, specific knowledge to understand and add real information. Generalities like weak laws don’t add value.

Comment by Joe Wednesday, Oct 6, 21 @ 3:58 pm
Here is a link to a University of Chicago Study from 2019 about the hollowing out of the Illinois EPA:

https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=1000&context=abrams

Comment by Lefty Lefty Wednesday, Oct 6, 21 @ 4:08 pm
I’m not sure what JLW thinks IEPA’s responsibilities are, but “environmental protection” is a pretty central part. So “regularly worthless” feels fair to me

Comment by Green heels Wednesday, Oct 6, 21 @ 4:19 pm
I don’t know about the rest of you, but that EPA statement makes me feel much better about the situation. /s

Comment by Candy Dogood Wednesday, Oct 6, 21 @ 4:20 pm
Canydy
I almost always agree with your comments but what do you expect IEPA to do. They said theya re initiating enforcement actions and this may end uo in the AGs office. DNR is responsible for regulating mines. https://www2.illinois.gov/dnr/mines/Pages/default.aspx

Comment by very old soil Wednesday, Oct 6, 21 @ 4:29 pm
==but what do you expect IEPA to do==

Yeah. I’m still lost on this criticism. I’ve yet to see from any of this what IEPA did wrong.

Comment by Demoralized Wednesday, Oct 6, 21 @ 4:40 pm
Ask the IEPA how well the mine insurance funds are doing and how well they distribute to farmland impacted by long wall mining? Absolutely ridiculous, terrible and a joke.

Comment by Frank talks Wednesday, Oct 6, 21 @ 5:17 pm
F5rank, Again this is DNR’s responsibility

Comment by very old soil Wednesday, Oct 6, 21 @ 5:19 pm
My thought is what else is IEPA doing now, considering how toxic PFAS is? Are local water wells being tested? Has testing been done downstream further to check on PFAS levels? Has there been any kind of notification to people in the area?

Comment by roots lady Wednesday, Oct 6, 21 @ 8:05 pm
Longwall impact on Farmlands WAS addressed by the Mineral Lease. Exactly what do you want IEPA to do about that, today? Point: can technical comments be correct? What IEPA Regulation did Foresight violate? If one, what about their Lawyer who misrepresented? If not, then what?

Comment by Joe Wednesday, Oct 6, 21 @ 9:17 pm