EPA Preliminary Report of Elm Creek Fish Kill after Oct. 8th Flood Inconclusive
By: Jose G. Landa, Eagle Pass Business Journal, Inc., Copyright 2015
A preliminary report from the U.S. Environmental Protection Agency (EPA) regarding the large fish kill on Elm Creek and adjacent ponds near Eagle Pass, Texas due to the October 8-9, 2015 flooding is inconclusive as to the potential cause of the fish kill.
The Eagle Pass Business Journal has obtained a copy of the Initial Pollution/Situation Report from the United States Environmental Protection Agency (EPA) for the Eagle Pass fish kill.
The initial CERCLA emergency response incident report was conducted from October 14-17, 2015, which states that during a recent heavy rainfall event approximately 300 residences were impacted by flood conditions in the Eagle Pass area. After that occurrence certain residents expressed concern that the nearby Dos Republicas surface coal mine may have been flooded and thus discharged waters from the mine property into nearby Elm Creek. The incident report states that residents reported fish kills in areas, along the Elm Creek as well as sections of the creek. The report describes the water in those areas as exhibiting a water color of a semi-transparent brown.
“As a result of the flooding event, City of Eagle Pass officials and Maverick County officials both declared a State of Emergency for the flood-affected areas of Maverick County.” states the EPA Preliminary Report.
“The mine is in a rural area approximately 7 miles north of Eagle Pass, Maverick County, Texas. The 6,340 acre Dos Republicas coal surface mine operates in the subject area and ranch land surrounds the operating mine,” states the EPA Preliminary Report.
The report then gives a description of the threat. “The Initial threat of concern expressed by residents, city, and county officials was a release of mine-related materials from the operating mine into Elm Creek, and having a negative effect on habitat of the creek and area pond impoundments.”
“Preliminary Removal Assessment/Removal Site Inspection Results; On10/14/15, EPA mobilized to the site and met with response personnel and federal, state, and local officials the following day. EPA met with the County Fire Chief and TCEQ and conducted a site walk of the mine and Elm Creek. TCEQ had responded earlier in the week and measured Dissolved Oxygen (DO) and pH in the impacted ponds and Elm Creek. pH measurements were all within the normal range. DO readings were low in the ponds and normal in Elm Creek.”
“On 10/15/15, EPA, TCEQ, and the County Fire Chief met with the Dos Republicas Coal Mine Operations Manager, Safety Manager, and Environmental Manager and conducted a site walk of Elm Creek and the wastewater pond, SP2, where the mine conducted controlled discharges under a TCEQ permit. This was the third of three controlled discharges from SP2 this year. No visual evidence was observed that an uncontrolled discharge or overtopping of the SP2 pond had occurred.”
TCEQ collected water samples from two locations of Elm Creek upstream from the mine SP2 discharge location, from SP2 prior to discharge and post discharge, and four Elm Creek locations downstream to include near the outfall with the Rio Grande. TCEQ measured DO and pH at each location. EPA also measured DO and pH at two private ponds (pond 1 and 2) which were consistent with TCEQ’s measurements.
EPA observed live fish in the creek, as well as a slightly brown and clear liquid both upstream and downstream of the SP2 discharge location.
“On 10/14/15, EPA OSC Adam Adams and EPA START Contractors were activated and mobilized to respond to a suspected release of mine waste caused by recent flooding in Maverick County, Texas. EPA coordinated with TCEQ, the Fire Chief (Chief Mello), and County and City officials to evaluate the situation and determine the best course of future action.
“On 10/15/15 the EPA Team and Chief Melo were briefed at the mine by mine representatives from the environmental, safety, and production departments. The briefing included the mine operations, an overview of the facility’s waste water permit, and management of surface waters at the facility. TCEQ representatives arrived and integrated with the EPA team, Chief Melo, and mine officials. Miner representatives informed EPA and TCEQ that the discharges from SP2 had been conducted in twice earlier in the year and the third discharge was being conducted that day. The mine indicated all permit discharge parameters were met during each discharge.”
The group accompanied TCEQ who collected six water samples from Elm Creek and two water samples from pre and post discharge of SP2. TCEQ also collected water quality measurements (DO and pH) from seven locations of Elm Creek near the mine facility. The first location was at the “Northern Permit
Boundary” of the mine facility and Elm Creek, and was deemed to be upgradient of any mining operations. Remaining monitoring and sampling locations were along Elm Creek adjacent to and downgradient of the Mine facility. TCEQ water samples will be analyzed for total metals and total suspended solids. Results are expected this week.
According to Dos Republicas Coal Mine officials, the mining facility has one point (SP2) at which all surface waters are discharged from the facility in accordance with their Waste Water Permit. Water quality monitoring and sampling also occurred at this SP2 discharge point. At each sampling location along Elm Creek, the water exhibited the same tannin-like color appearance reported by area residences (as dark water). In some instances, small (minnow-type) fish were observed swimming at each of these locations. No large fish alive or dead were observed by EPA during the Elm Creek preliminary assessment. The discharge liquid from SP2 did not appear to have the brown discoloration that was observed in Elm Creek.
Next the EPA Team met with County Commissioner (Precinct 3) Rosales who accompanied the Team to two properties requesting EPA’s assessment of their impacted ponds. The first pond visited was downstream of the mine and was identified as the Garcia property (Pond 1 on the Map). Using an YSI water quality meter, the EPA Team collected water quality monitoring data from the water surface and approximately one foot above the floor of the pond. The second property is immediately adjacent to the west of the mine property and owned by Mr. Esquivel (Pond 2 on the Map). He also reported a fish kill on Sunday, 11 October and observed the same dark water color in the pond on his property. Following water quality monitoring, the EPA Team reported pH, DO, and conductivity values appeared to be in “normal” ranges for ponds in the area. The EPA team did observe some fish carcasses at the Pond 1 location.
The EPA Team explained that TCEQ collected surface water samples that day along Elm Creek and the laboratory analytical data should be available in the following week.
On Friday, 10/16/15 EPA OSC Adams participated in a stakeholders’ meeting with city, county, and state officials discussing response and recovery activity related to the flood event. OSC Adams and TCEQ representatives provided a briefing of environmental assessment activities to-date and the path forward – to continue assessment and water quality monitoring of Elm Creek and other waters up gradient/upstream of the mine.
Following the meeting, the EPA Team were escorted by Texas Game Warden officials to several areas of Elm Creek upstream/upgradient of the mine operation. The Team observed similar tannin-like colors of these surface waters. Water quality monitoring at these locations exhibited similar readings of other monitoring points along Elm Creek. The Game Warden officials reported to the EPA Team this tannin-like color is not uncommon in Elm Creek and other water bodies in the area.
Next the EPA Team, escorted by the Game Warden officials performed water quality monitoring at two ponds located north of the mine and not associated with the drainage basin of Elm Creek nor hydraulically connected to Elm Creek. Smaller water bodies exhibited the same tannin-like colors but larger ponds exhibited a gray/green color. The ranch manager of the property where these ponds were located reported several hundred dead fish recently following the flooding rain event. He reported this is not uncommon at his ponds following heavy rains after long periods of no rain during the summer months. The EPA Team did observe many fish carcasses at Ponds 3 and 4.
Response Actions to Date;TCEQ collected water samples from the discharge point (pre and post discharge), upstream and downstream of the mine. Results will be provided as soon as possible. TCEQ and EPA water measurements were within normal ranges for creeks and non-flowing ponds.
The dark, brown, and clear water consistent with tannin was observed well upstream and downstream of the coal mine and reported to be a normal occurrence by Game Wardens.
“No evidence was observed at SP2, the waste water discharge pond, of uncontrolled release or overtopping. Water marking around the inner walls of the pond appeared to be less than a foot from the water surface. Vegetation was observed at the discharge point and the vicinity and not laying over or impacted from flooding. Ponds with reported fish kills were located and assessed within the drainage path downstream of the mine, as well as outside the drainage path and not hydraulically connected to the drainage from Elm Creek.” States the report
Enforcement Activities, Identity of Potentially Responsible Parties (PRPs);There is no identified Potentially Responsible Party (PRP) for this incident at this time.
Anticipated Activities- TCEQ is waiting to review water sample results to determine if sediment samples are warranted. EPA will continue to be available for and follow up with TCEQ, County, and City officials; but plans no further actions at this time. If it is determined further actions are warranted, EPA will continue to provide assistance to and coordinate with state, county, and local authorities. EPA will review TCEQ water sample analytical results, no firm date is set.
Finance Section; Initial cost estimate for this response was set at $40,000.00 for EPA and EPA contractors, with the possibility for ramping up or down depending on the preliminary findings. At this time, it is not expected that the expenditures will increase above the initial cost estimate.
Unified Command was established prior to EPA notification and activation and consisted of:US, EPA, Region 6 (beginning on 10/14/15) TCEQ, Laredo Office, Maverick County Emergency Manager and County Judge, City of Eagle Pass Fire Department and the City of Eagle Pass.
FEMA also responded to the flooding. Specifics from FEMA work is not included in this POLREP, but FEMA coordinated efforts and communicated throughout the response with EPA and worked closely with the established Unified Command. Texas Parks and Wildlife was contacted by EPA and offered assistance, if needed. Texas Department of Wildlife game wardens were contacted by EPA and provided valuable local and area knowledge of Elm Creek, drainage of Elm Creek, impacted ponds, and the vicinity.
A final POLREP shall be submitted upon completion of this incident response states the report.
The EPA Team consulted with an EPA toxicologist and a START certified industrial hygienist (CIH) regarding the flooding event, fish kill, tannin-colored waters, and water quality monitoring data. The toxicologist and CIH stated it is feasible attribution of the tannin-colored water and fish kill can be associated to the heavy rain event. These technical experts report the heavy rains could have caused a thermal inversion of the water bodies resulting in decomposed organic material being redistributed up into the water column. This distribution could have caused the tannin coloring, and increase in biological oxygen demand (BOD) where causing the dissolved oxygen (DO) to decrease therefore resulting in the observed fish kill.
The EPA Preliminary Report clearly demonstrates federal and state agencies’ inability to take the correct tests and measurements to determine the true cause of contamination and pollution of Elm Creek water and the Dos Republicas Coal Mine water discharges into Elm Creek. The EPA Preliminary Report completely failed to take tests of the actual fish killed at Elm Creek and adjacent ponds, leaving the concerned community public officials and citizens with an inconclusive report. This failed methodology will continue to be used by state and federal agencies during the lifespan of the Dos Republicas Coal Mine without ever determining the real causes of the contamination and pollution of the Elm Creek waters and Rio Grande River to the detriment of the public health of over 60,000 Maverick Countians. Drip, drip, drip…as each and every drop of the Dos Republicas Coal Mine water is discharged into Elm Creek and the Rio Grande River, the public health of Maverick Countians is jeopardized and compromised to their personal detriment.
