Federal Reports

As part of the Office of the Inspector General's (OIG) ongoing commitment to provide oversight in this area, we assessed Tennessee Valley Authority's (TVA) Kingston ash spill clean-up and recovery efforts. We assessed TVA's progress in two areas: (1) the clean-up of the ash and returning the area to its previous condition and (2) reparations to victims and restoration of the community.We found comprehensive efforts have been completed and are still ongoing pertaining to the clean-up of the spill. TVA is making significant progress in the clean-up and continues to consider human health and the environment in the recovery. Specifically, TVA (1) met its goal of removing the time critical ash necessary to reopen the Emory River by the end of May 2010, (2) implemented a removal plan for non-time critical ash in spring 2010 to facilitate a smooth transition between clean-up phases, (3) developed a good working relationship with the Environmental Protection Agency (EPA) and the Tennessee Department of Environment and Conservation (TDEC) to manage and facilitate the clean-up, and (4) coordinated with EPA and TDEC to provide continuous environmental monitoring.We found TVA made a concerted effort to address restoration and regain public trust. Specifically, TVA immediately established a process to handle real and personal property, loss of business, and mileage claims. In addition, TVA's adjudication of the claims was consistent and in accordance with approved processes and guidelines. Other TVA actions to restore the community and regain public trust included, (1) committing $43 million to economic development in Roane County, (2) initiating projects to improve community infrastructure, lessen the impact of recovery operations on the public, and promote Roane County, (3) promoting the sharing of information and coal ash research, (4) implementing various mechanisms to improve communications, address inquiries, and provide information to the Kingston residents and media, and (5) providing independent health screenings.

Marshall Miller & Associates, Inc. (Marshall Miller) was engaged by the Tennessee Valley Authority (TVA) Office of Inspector General to review the Transportation and Disposal Plans prepared by the Tennessee Valley Authority (TVA) in response to the ash release that occurred on December 22, 2008 at its Kingston Fossil Plant (KIF). Specifically, Marshall Miller was asked to determine if appropriate steps are being taken to minimize the environmental impacts and if regulatory requirements are being met. In summary, Marshall Miller found that TVA is taking appropriate steps to minimize the environmental impacts of transporting ash from KIF to the Arrowhead Landfill in Perry County, Alabama. Furthermore, no significant deficiencies in documents reviewed, regulatory requirements, or in the landfill operations were found. Marshall Miller found at the Arrowhead Landfill that the (1) ash removal and rail car wash systems and procedures appear to be adequate for minimizing the potential for residual ash to enter the nearby surface water, (2) storm water management practices appear to be effective for segregating and managing storm water runoff, (3) roads, work, and vegetated areas appear to be maintained such that sediment runoff is minimized, (4) surface water features in the immediate vicinity did not exhibit signs of excess sedimentation, debris build-up, or other potential adverse impacts that could be associated with a landfill, and (5) leachate management and disposal practices appear to minimize, to the extent practicable, the potential for off-site exposure from ash constituents.While Marshall Miller did not find significant deficiencies in the operation of the landfill, several areas were noted where improvements could be made. The Rail Yard and Landfill Best Management Practice Plans do not effectively describe and document the actual activities, procedures, equipment and operations that were observed during Marshall Miller's site visit on April 21, 2010. The Spill Prevention Control and Countermeasures Plans appear to provide adequate protection; however, the Plans do not include spill volume estimates for certain spill scenarios, discussion of secondary containment for mobile tankers, and locations for spill kits and equipment. Lastly, Marshall Miller noted one of the National Pollutant Discharge Elimination System discharge points is located at a point that could be affected by runoff from land that is not part of the landfill. This issue had already been identified and is currently being addressed by the landfill owner.TVA management agreed with the recommendations and we concur with their planned and completed actions.

Marshall Miller & Associates, Inc. (Marshall Miller) was engaged by the Tennessee Valley Authority (TVA) Office of Inspector General to review the adequacy and completeness of environmental recovery plans prepared by TVA in response to the ash spill that occurred on December 22, 2008, at the Kingston Fossil Plant (KIF). Generally, Marshall Miller found no significant deficiencies in any of the proposed alternatives for the restoration of the Swan Pond Embayment, including the selected alternative. The documents prepared by TVA appear to be substantially in compliance with applicable regulatory requirements stated in the Administrative Order and Agreement on Consent between TVA and the United States Environmental Protection Agency (EPA) and meet the removal action objectives outlined in the Non-Time Critical Removal Action Embayment/Dredge Cell Engineering Evaluation/Cost Analysis or as is more commonly known the EE/CA. There were some discrepancies noted in the Human Health Risk Assessment, with regard to certain selected input parameters, such as toxicity and exposure factors. However, since the selected alternative includes the removal of all ash, any risk associated with leaving the ash in place is reduced, and revisions to the risk assessment are not necessary. TVA has committed to incorporating the findings in future Human Health Risk Assessments. While Marshall Miller found no significant deficiencies in any of the proposed alternatives, the following observations were noted:Both the EE/CA and Non-Time Critical Removal Action Embayment/Dredge Cell Action Memorandum (Action Memorandum) are intended to provide only a conceptual design of each of the three alternatives. Since an alternative has been selected, a more detailed design will be needed, along with revised sampling plans for monitoring potential environmental impacts during excavation of the ash and closure of the Dredge Cell. Additionally, the EE/CA provides limited detail on the long-term monitoring of various media for potential environmental impacts.A more detailed understanding of groundwater flow and associated contaminant migration from the Dredge Cell to adjacent surface water is required in order to properly establish locations for long-term monitoring of wells.TVA management agreed with our findings and recommendations and plans to take or has taken corrective actions.

The Inspector General (IG) Criminal Investigator Academy (IG Academy) was officially established in February 1994 by a Memorandum of Understanding between the Federal Law Enforcement Training Center (FLETC) and the President's Council on Integrity and Efficiency (PCIE). The training academy is located at FLETC in Glynco, Georgia. The PCIE was superseded by the Council of the Inspectors General on Integrity and Efficiency (CIGIE) under the Inspector General Reform Act of 2008. Therefore, CIGIE assumed accountability for the IG Academy. In this review which was performed as a service for CIGIE, we found a definite lack of resources for the IG Academy, which impacts the learning methodologies utilized and the overall quality of the programs being delivered. If the IG Academy is to exhibit the attributes of an effective training program, CIGIE must provide it with human capital and infrastructure resources, including instructional, information technology, curriculum, and administrative support.We recommended CIGIE consider the following resource needs, among others, for the IG Academy:Staffing or access to staffing to conduct timely updates of curricula and lesson plans, assist in instructional systems design, and teach coursesInformation technology supportThe implementation of an electronic learning management system-a software application that provides, among other assets, administration, documentation, tracking, and reporting of training programs, classroom and online events, e-learning programs, and training contentAdministrative supportThe means to address a legal support deficiencyRemarkably, the IG Academy has been able to provide training to investigators who consistently give very positive feedback despite the lack of resources identified in this report. Our review revealed a small but dedicated staff achieving far more than the bare statistics suggest should be possible. The Director and her staff are to be congratulated for holding together a program that enjoys the support of the majority of the IG community and continues to provide a valuable service.