The Front Porch Blog

Coal Ash Floods Congress and the Courts

Tuesday, April 23rd, 2013 | Posted by Brian Sewell | 1 Comment

e. The trend is likely to continue until EPA announces clear rules to regulate the to

Since the 2008 Kingston, Tenn., coal ash spill, the toxic waste has been hotly debated in the media, Congress and the courts.

On April 11, the U.S. House of Representatives Subcommittee on Environment and Economy held a hearing in part to promote the Coal Ash Recycling and Oversight Act of 2013, drafted legislation that would prevent the EPA from implementing federal regulation of coal ash, leaving regulation up to the states.

Some witnesses, including the former director of the Mine Safety and Health Academy, Jack Spadaro, and Lisa Evans, an attorney for Earthjustice focused on hazardous waste, testified against the draft, which is modeled on past legislation that failed and was called “unprecedented” in environmental law by the nonpartisan Congressional Research Service.

“Without a doubt, when mismanaged, coal ash harms Americans nationwide by poisoning water and air and by threatening the very existence of communities living near high hazard dams,” Evans said at the hearing. “We must work together to establish regulations that foremost prevent injury to health and ensure the safety of all communities.”

Spadaro, who has been involved in the evaluation and regulation of coal waste dams since 1972 and wrote federal and state regulations governing the structural integrity of dams in the wake of the Buffalo Creek Flood, cautioned subcommittee members against moving ahead with the draft. According to Spadaro, the proposed legislation lacks the adequate engineering requirements and enforcement by a federal agency necessary to prevent another spill similar to the TVA disaster that would lead to irreversible environmental damage and possible loss of life.

“There are thousands of such structures in the United States at this time,” Spadaro said, “and the failure of one or more of these dams is assured unless strict engineering standards are imposed.” The Southeast is home to 40 percent of the nation’s coal ash impoundments, and according to the EPA, contains 21 of the nation’s 45 high hazard dams.
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EPA Releases Proposal To Update Clean Water Act Standards for Power Plant Pollution

Monday, April 22nd, 2013 | Posted by Sandra Diaz | No Comments

The U.S. Environmental Protection Agency has finally proposed a range of options to regulate waste water from power plants which are responsible for half of the nation’s water pollution. While the public comment period has yet to begin, a public hearing is schedule for July 9th in Washington, DC.

More details on the rule itself, and how to submit your comments will be become available on appvoices.org/rww/power-plant-waste/

Below is a press statement from Appalachian Voices and a number of allied organizations.

After 30 years of inaction, EPA finally proposes plans for power plant water pollution includes options protecting waters from toxic pollution as well as weaker standards that maintain the status quo

Washington, D.C. – The Environmental Protection Agency proposed a number of regulatory options late last Friday night, known as steam electric effluent limitation guidelines for power plants, two of which will finally clean up water pollution from hundreds of power plants.

Power plant water discharges are filled with toxic pollution such as mercury, arsenic, lead, and selenium – heavy metals that can cause neurological and developmental damage, cause harm in utero, damage internal organs and cause cancer. Power plants are the biggest sources of water pollution in the country, yet the EPA has not reviewed regulations for this industry in more than 30 years. To address this unacceptable delay, environmental groups filed a lawsuit in 2010 to force the EPA to take action and regulate this dirty industry.
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Clean Water News: Congress Backs Down, N.C. Steps Up

Tuesday, March 26th, 2013 | Posted by Sandra Diaz | No Comments

Thallium was once used as rat poison. Now DENR is suing Progress Energy for Thallium polluting the French Broad River from its Asheville power plant.

Last week, there was concern that the U.S. Senate budget resolution would end up containing measures to decrease funding for initiatives of the U.S. Environmental Protection Agency such as the release of guidelines for coal ash disposal and rules to ensure states are following water quality standards. Thanks to good Americans like yourself speaking up, the Senate budget remained free of dirty water amendments.

While the budget resolution is non-binding, and the Senate Appropriations Committee decides how funding gets allocated later in the process, the resolution send a strong message regarding the Senate’s priorities. Unfortunately, one of the more controversial amendments that did pass was in support of building the Keystone XL pipeline.

While the Senate backed down on loading up the budget resolution with dirty water clauses, the North Carolina Department of Environment and Natural Resources stepped and up and decided to take legal action against Progress Energy for the release of toxic heavy metals from their Asheville plant into the French Broad River.

Western North Carolina Alliance, Sierra Club, and Southern Alliance for Clean Energy had filed a notice of intent to sue Progress Energy for violating the Clean Water Act for unpermitted seeps into the French Broad River. It appears DENR took notice and is now taking up their own case against Progress Energy. DENR is seeking injunctive relief and demanding Progress Energy solve the issue in lieu of the state seeking monetary damages.
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Will This March Madness Be An Upset for Clean Water?

Friday, March 22nd, 2013 | Posted by Sandra Diaz | No Comments

Help Prevent a Clean Water Upset (Picture by mvongrue, hosted by Flickr)

UPDATE: The Senate Budget Resolution passed without any of the amendments mentioned below. Victory!

As most of you know, between the federal House of Representatives and the Senate, the Senate is usually the level-headed older brother of the family and tends to be a more deliberative legislative body. But this month the Senate decided it wanted to shake things up a bit by creating a little March Madness of its own.

The Senate is going through a seemingly insane process known on Capitol Hill as a vote-a-rama to reach a deal on a final Senate budget resolution. Senate leadership is allowing any number of amendments to be presented and voted on — whatever they can get done in 50 hours.

While all the amendments have yet to be presented, several of them take aim at the U.S. Environmental Protection Agency’s ability to do its job, which is to protect our air, water and public health. Some of the amendments could stop the EPA from:

– Making sure states are complying with and improving water quality standards in accordance to the Clean Water Act.

– Creating national standards for how coal ash, the toxic waste produced by coal-burning for electricity, is disposed and stored.

– Restoring critical Clean Water Act protections to streams, wetlands and drinking water standards.

TAKE ACTION: We are asking supporters to contact their Senators. If you haven’t yet, there is still time.
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Canvassing Against Coal Ash

Friday, March 15th, 2013 | Posted by Matt Grimley | No Comments

The Red, White & Water team hit the streets near Belmont, N.C., to speak with residents who live near Duke Energy's G.G. Allen Steam Station about the threats of coal ash pollution.

Last Saturday, the Red, White and Water team traveled to Belmont, N.C., to the G.G. Allen Steam Station for a day of canvassing. Walking door-to-door, we asked residents of the communities near the coal-fired power plant if they had been impacted by water pollution.

I met Archie Dixon, who was featured in the Gaston Gazette a few months ago. Dixon had complained to Duke Energy, which owns the power plant, about coal ash staining his property and getting into his drinking water. I spoke with him while he and his grandson (also named Archie, or “Lil’ Arch”) waited for a plumber for a broken pipe on their property. In his garage sat a waist-high stack of bottled water. Mr. Dixon said that he still refuses to drink his own home’s water.

The pollution near the plant happens in two ways. One is through coal ash ponds. Coal ash is the waste byproduct from burning coal and it contains contaminants such as arsenic, mercury and chromium. Because the one active coal ash pond at G.G. Allen is an unlined impoundment, these toxics can seep into groundwater. Tests near the plant have revealed exceedances in manganese, iron and nickel in the groundwater.

Effluent is the other form of pollution at G.G. Allen — the plant wastewater that discharges directly into the surface waters of nearby Lake Wylie. Under the Clean Water Act, permits are issued for each of the plant’s discharge points. These permits, however, only set limits for traditional pollutants, including oil and grease, “total suspended solids” and pH. They rarely limit pollutants such as mercury, selenium, and arsenic. And with a lack of federal guidelines, many states don’t set their own permit limits for these toxic chemicals.
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North Carolina Cares About Clean Water

Thursday, March 7th, 2013 | Posted by | No Comments

By Ian Watkins
Red, White and Water Intern, Spring 2013

According to a recent report by Land for Tomorrow, 91 percent of residents in North Carolina and surrounding states believe it is “important” or “very important” to conserve and protect water and other natural resources. Additionally, a 2002 publication of the N.C. State Economist it was found that people are willing to pay more money in the form of travel expenses in order to enjoy higher levels of water quality. Based on an estimated 14.7 million water-related recreation trips each year by North Carolinians, annual economic savings from water improvements are estimated to be $11.9 million for the Neuse waterway, $14.7 million for Cape Fear improvements, and $6.5 for Tar-Pamlico. While protection of natural resources may sometimes be a divisive topic, residents of North Carolina share a common desire for clean water, with good reason. Clean water is good for the environment and the economy.

The benefits of clean water can also be understood by realizing the costs associated with water treatment. According to a report by the N.C. Division of Water Quality, costs to be considered include additional water treatment, developing new drinking water sources or providing emergency replacement water, public information campaigns when pollution incidents arouse public and media interest, and payment for consulting services and staff time. When Burlington, N.C., found contaminants in their source water that were not eliminated during treatment, city subsidies were used to eliminate it from source waters.

Perhaps a more important measurement of the economic benefits of clean water is the success of publicly funded solutions for addressing water pollution. The N.C. General Assembly established the North Carolina Clean Water Management Trust Fund in 1996 and its funding of resource conservation has strengthened the state’s economic vitality. According to a report by the Trust for Public Land, every dollar invested In the N.C. Clean Water Management Trust Fund returns four dollars to the state in the areas of drinking water protection, flood control, tourism and outdoor recreation.
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Finding Arsenic in Mountain Island Lake: Even a Sixth Grader Can Do It

Wednesday, February 20th, 2013 | Posted by Matt Grimley | No Comments

Just recently, sixth grader Anna Behnke found high levels of arsenic near her home on Mountain Island Lake, a drinking water source for hundreds of thousands in the Charlotte, N.C. metro area. The contamination — which exceeds EPA drinking water standards twenty-fold — comes from coal ash seepage at Duke Energy’s Riverbend power plant, which the utility announced it will decommission in April without a plan to deal with the coal ash ponds on site.

View full article here.

N.C. Rep. Pricey Harrison to Make Case for Federal Environmental Protections

Thursday, February 14th, 2013 | Posted by Brian Sewell | No Comments

North Carolina Rep. Pricey Harrison will testify at a House subcommittee hearing on the states' role in environmental protection.

On Friday morning, North Carolina Rep. Pricey Harrison will testify before a House hearing on “the role of the states in protecting the environment under current law.” It’s an area she knows a lot about – in 2007, Harrison introduced a bill to prohibit utilities in North Carolina from purchasing or burning coal from mountaintop removal mines.

Subcommittee members will hear testimony on issues related to current laws including the Safe Drinking Water Act and Resource Conservation and Recovery Act under which states are given the primary authority to regulate wastewater and coal ash pollution.

Watch Rep. Pricey Harrison’s testimony and the hearing Friday at 9:30 a.m. here.

During tomorrow’s hearing, Harrison will likely focus on the concerns of North Carolinians surrounding coal ash and the state’s failure to adequately protect communities and local waterways. The problem of coal ash is growing in North Carolina, and even as Duke Energy begins to retire ancient coal-fired power plants, the state has no clear plan on how to deal with legacy ash disposal sites that will remain long after plants are closed.

Learn about the hazards and history of coal ash sites in North Carolina and across the Southeast.

Duke merged with Progress Energy last year to become the largest utility in the country. Meanwhile, the N.C. Department of Environment and Natural Resources is coming off a fresh round of budget cuts, and faces continued uncertainty if North Carolina lawmakers continue on their current path.

Adding insult to injury, nearly every step of the process to bring fracking to North Carolina has been haphazardly handled. Now, the state General Assembly has introduced a law to circumvent the rule-making commission it put in place, you know, if it isn’t moving fast enough.

North Carolina has a history of environmental leadership, but recent proposals in the state legislature, including a reckless plan to remove all the members of several environmental commissions, are threatening to reverse that trend.

Lawmakers are on an anti-regulatory bender in the Tarheel State. And without federal oversight North Carolinians will be at risk as underfunded state agencies work to enforce environmental rules while finding ways to prevent the next budget cut.

N.C. Environmental Commissions Under Attack by Senate Bill 10

Wednesday, February 6th, 2013 | Posted by AV's Intern Team | 1 Comment

By Davis Wax
Editorial assistant, Spring/Summer 2013

Update: In about 48 hours, with almost no chance for public input, the North Carolina state Senate passed a poorly designed bill to fire all current members from several N.C. advisory boards and commissions, including the Utilities Commission and Environmental Management Commission. Give your state Rep. a call today and ask that they oppose this legislative overstep and actually govern. [https://www.ncleg.net/representation/WhoRepresentsMe.aspx]

An unprecedented power grab is in the works in North Carolina, where Republican majority leaders are looking to cut and replace environmental and other key decision-makers on the party’s own terms.

State Sen. Bill Rabon introduced SB 10 aimed at removing environmental experts from state committees. Photo credit to ncleg.net.

The N.C. Senate Rules Committee met on Feb. 5 concerning Senate Bill 10, the “Government Reorganization and Efficiency Act,” legislation that seeks to remove 131 members of eight influential state boards and commissions before their terms are up. This action would see the effective gutting of environmental experts from the state’s decision-making process and the likely appointment of new, pro-industry members.

If there were ever a time to send a message to your North Carolina state senator, it would be now. Call them or email them today!

Among the committees being affected are the Coastal Resources Commission, the Environmental Management Commission, the Industrial Commission, and the Wildlife Resources Commission. Most importantly, the bill would allow the General Assembly and the governor to hand-pick replacements.

The number of environmentally-focused boards possibly being stripped of their membership could spell disaster for ongoing projects concerned with regulating pollution and protecting the environment. The new commission members would not have the level of expertise or the familiarity with the projects of current members, thus ensuring the degradation of the state’s progress toward proper environmental protection.

That’s not the whole story, though, as further steps are being taken to weaken the influence of environmentally-conscious voices in the legislature.
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Coal Ash: Now a Part of a Balanced Breakfast

Thursday, January 31st, 2013 | Posted by | 2 Comments

By Hallie Carde
Red, White and Water intern, Spring 2013

This just in: in addition to fruits and veggies, our nation’s children should be getting their daily dose of coal ash. Or at least that’s what statements at a public hearing in Franklin County, Missouri, seem to suggest.

Just last week, there was a hearing for a lawsuit filed by the Labadie Environmental Organization over a zoning amendment that would allow Ameren Corp. to construct a new coal ash landfill in the heart of a floodplain. Toxicologist Dr. Lisa J.N. Bradley, testifying on behalf of Ameren Energy Corporation, said, “A child could consume coal ash every day and have no increased exposure to arsenic.”

Bradley was recently elected to the Executive Committee of the American Coal Ash Association, a lobbying organization whose membership includes Ameren, Duke Energy, Southern Company and other large coal-burning utilities. Unfortunately, it seems that conflict of interest was lost on Associate Circuit Court Judge Robert D. Schollmeyer, who dismissed the lawsuit citing Bradley’s testimony.

Maximiliano Calcano, age 2, is one of the first children born with a dramatic birth defect attributed to the coal ash dumping in the Dominican Republic.

There are many who have had to face the traumatic effects of toxic coal ash firsthand. Following the AES Corporation’s dumping of 80,000 tons of coal ash waste along the shores of the Dominican Republic between 2003 and 2004, the country’s women have suffered years of consistent miscarriages, abnormal levels of arsenic in their blood, and births to babies with cranial deformities, external organs, and missing limbs.

While we have yet to uncover such a horrific case here in the states, concerns over coal ash are real. Archie Dixon lives just south of Belmont, N.C., where Duke Energy’s coal ash ponds are some of his closest and most unwelcome neighbors. Distrustful of the visible grime and discoloration of his water, Mr. Dixon has been buying bottled water for years, unwilling to ingest the water from his home’s private well. Despite reassurance from Duke Energy officials who say that lab tests show that the sediment in Mr. Dixon’s water is of naturally occurring materials, he refuses to take any risks with his water. Dixon is not the only member of his community concerned about coal ash.
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Ol’ Dan River (Despite Coal Ash) Just Keeps Rollin’

Monday, December 17th, 2012 | Posted by Matt Grimley | No Comments

Appalachian Voices recently submitted their comments to the N.C. Department of Environment and Natural Resources on Dan River Steam Station’s new permit to discharge coal ash.

As we all know, coal ash isn’t a pretty thing. The harmful leftovers from burning coal contain toxic contaminants like chromium and arsenic, and seep into our waterways, threatening wildlife and human health all in one fell swoop.

Current testing at the Dan River Steam Station, according to the new website southeastcoalash.org, reveals levels of antimony, arsenic, iron, manganese, sulfate and total dissolved solids above state groundwater standards. That’s unacceptable — coal ash shouldn’t interfere at all with groundwater, surface water, or the waters we drink and play in. To keep coal ash at bay, the ponds of sludge located at Dan River and other sites should be properly lined and covered. (more…)

No Longer Hidden in Plain Sight, Thanks to SoutheastCoalAsh.org!

Monday, December 10th, 2012 | Posted by Sandra Diaz | No Comments

For how large coal ash impoundments can be, they are sure hard to spot.

For example, there are two large earthen dams full of coal ash just north of Charlotte near Mountain Island Lake. Can you spot them?

(Answer: They’re on that long ridgetop to the left of the plant.)

Since Duke Energy is probably not going to place yellow neon signs near the impoundments to alert the public to the dangers that these dams may cause to groundwater or public safety anytime soon, we did the next best thing. Working with Southern Alliance for Clean Energy and other partner organizations like Southern Environmental Law Center and NC Conservation Network, we have helped create Southeastcoalash.org. With just five key strokes (your zip code) you can see where coal ash impoundments are hiding in plain sight near you. (more…)

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