Posts Tagged ‘Coal Ash’

A good idea is right under your nose

Tuesday, July 12th, 2016 - posted by guestbloggers

{ Editor’s Note } Greensboro, N.C. artist and activist Caroline Armijo grew up in Stokes County, N.C., near one of the state’s largest coal ash impoundments. This post originally appeared on Caroline’s website.

Caroline Armijo

Caroline Armijo

Last summer, as I was pondering about how to resolve this coal ash situation, I came across these words of wisdom on the bottom of a coffee bag: “A good idea is right under your nose.” I cut it out and placed it on a coal ash ideas collage that has been hanging in my closet for the last year. Granted, the collage is incomplete.

But this recent opinion piece from the Greensboro New & Record, based on a more in-depth report on a coal ash breakthrough, reminds me that perhaps we are that much closer to a solution than we think.

In June 2014, I read an article featuring a professor from North Carolina A&T University who created Eco-Core, a material to be used in submarines because of its exceptional resistance to fire. I kept wondering about the project over the next 18 months. I finally reached out to them in February.

When I first met with Professor Kunigal Shivakumar and Wade Brown, I told them stories of my loved ones from Belews Creek and about the illness and devastation found in all of the communities surrounding coal ash pits. Even though they had been working in the industry for 15 years or longer, they had no idea of these issues. However, they did have a new product, which can be molded and shaped into anything you can dream of! They were looking to create a wide range of marketable products, like chair railings or sound barriers. I loved that the lab reminded me a lot of an art studio. Yet, we had more serious matters at hand than art projects.

I asked if they could start with creating an alternative to the current landfill model. Professor Shivakumar said something beautiful about once you know the truth, you are able to find a solution. And so they started working on a prototype for a coal ash block, which can be created in any size, but ideally a half-ton to a ton. But more importantly, the block can be ground up by manufacturers and reused as technology advances.

From what I have gathered over my years of advocacy, coal ash is safest in a solid state.

FullSizeRender_2-1400x1050

I do not like landfills because they cause a spike in pollution as the ash is excavated and transported long distances via trucks and rail cars. Landfills come with a built-in need for a leachate system that requires monitoring. And landfills are likely to fail, as the bulldozers that install the plastic barrier often puncture it during the installation process. Plus, people really do not have a say as to when these landfills are placed in their communities. Their property values plummet, often followed by a decline in health. At the end of the day, it seems like an extremely expensive solution that still places our people and environment at risk. We can do better.

We demand a better way.

This coal ash block does just that. It eliminates the massive transportation needed to transport the 150 million tons of coal ash (in North Carolina alone) to off-site landfills in an unwelcoming community. The blocks can be made and stored on site. There is no leachate. There is no need for long-term monitoring. Plus the ash, which seems like an overwhelming waste now, can be safely stored for reuse as a valuable resource. It provides both short- and long-term solutions.

One night this spring, I woke up to write down a thought that came to me: We need to save these blocks. One day they will be more valuable than gold. At least one other person believes this is true.

Coal ash is an incredibly complex issue plaguing our world. Yes, the pollution will likely get worse before it gets better. But we know that groundwater quality will improve because of the clean-up happening in South Carolina. I understand that this is just one of multiple approaches that must be made to address this issue. Perhaps wetlands, bioremediation, reuse in the cement industry, and other technologies combined together will result in a solution that will lead to the healing of these spaces and our people. I am open to exploring any and all ideas. My motto is expect the best, get the best. And if it costs less than the current solution (landfills), even better.

This week, we return to DC for Moms Clean Air Force Play-In For Climate Action. This time I am bringing with me a solution inspired by my son’s favorite brand of toys – Lego. Watching him play led to a good idea from right under my nose. (And often under my feet!) As we speak, Lucy is explaining to Oliver that this block is made of coal ash. It’s a pretty simple idea. Even kids get it.

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An open letter to the North Carolina General Assembly

Monday, June 27th, 2016 - posted by brian

Editor’s note: The following post is an open letter to North Carolina lawmakers from citizens threatened by coal ash pollution across the state that came together last year to form the Alliance of Carolinians Together (ACT) Against Coal Ash. Read our recent coverage for more information on where coal ash cleanup stands in the legislature.

Members of the Alliance of Carolinians Together (ACT) Against Coal Ash hold a press conference outside of a public hearing in March.

Members of the Alliance of Carolinians Together (ACT) Against Coal Ash hold a press conference outside of a public hearing in March.

To the Members of the N.C. General Assembly:

Since the Dan River coal ash spill in February 2014, seldom has a day passed in North Carolina when coal ash is not in the news; the disposition of coal ash in North Carolina is of vital importance to public health and the environment. Our communities are being profoundly impacted: some of us already living day to day with contaminated water and air, and others are facing new impacts in areas which have been targeted for the disposal of coal ash.

During the summer of 2015, North Carolina communities previously impacted by coal ash, and those currently dealing with new coal ash landfills, joined together with a shared vision and common goal to form the Alliance of Carolinians Together (ACT) Against Coal Ash. Believing that the coal ash emergency in North Carolina deserves a real, comprehensive solution that will protect all communities, we crafted the ACT Against Coal Ash unifying principles. A few of the key principles are below, and the full document can be found here.

Please don’t let this short session close without taking action to assure that communities near coal ash sites have safe replacement water supplies as soon as possible, that communities facing new coal ash landfills are protected and that cleanups move forward quickly, with no “capping in place.”

We believe that all people, regardless of race and socio-economic class, have a right to healthy communities, clean water, clean air, and safe food and soil.

We believe that living in close proximity to coal ash infringes on these basic rights.

We demand a transparent process to coal ash cleanup in which Duke Energy and N.C. decision makers are open and honest about the health effects of chemicals found in coal ash, and any plans for disposal or recycling coal ash.

We call on Duke Energy and N.C. decision makers to urgently respond to the need to test any water supply well that may have been contaminated by coal ash, not just those within 1,000 feet. The tests must be paid for by Duke and performed by an independent lab using the most sensitive and comprehensive testing methods.

We call on N.C. decision makers to require Duke Energy to pay for independent oversight of the coal ash cleanup process, independent analysis of current coal ash contamination, research by public and private entities to find the best solutions to this problem, and random and unannounced inspections of the coal ash sites by state regulators.

We demand that N.C. decision makers and Duke Energy prioritize worker safety during all phases of coal ash cleanup and site remediation.

We call on N.C. decision makers and Duke Energy to strive for a permanent solution to coal ash that prioritizes community safety. We demand that any coal ash that cannot be safely recycled or processed be stored on Duke Energy property with the company maintaining liability. We will not accept dumping of the ash in other communities or capping-in-place as solutions. We demand that the ash be urgently isolated from ground and surface water at all locations.

We call on Duke Energy and N.C. decision makers to invest in a sustainable, healthy, affordable, and responsible energy future for N.C. that supports the growth of solar, wind energy, and energy efficiency programs, and moves away from coal, natural gas, and other harmful and expensive methods of generating power that poison communities and affect North Carolinians’ quality of life.

As our elected representatives, you have the opportunity — and responsibility — to do what is right for the residents of North Carolina. We call on the General Assembly to make sure no community is left to suffer from coal ash now, or in the future.

Sincerely,

The Alliance of Carolinians Together Against Coal Ash
actagainstcoalash.org

Individual community representatives:

Bobby Jones, representing Down East Coal Ash Coalition, Goldsboro
Caroline Armijo, representing Residents for Coal Ash Cleanup, Belews Creek
Roger Hollis, representing residents near Cliffside / Rogers Energy Complex
Debbie Baker and Amy Brown, representing neighbors of Allen Steam Station
Jeri Cruz-Segarra, representing resident near Asheville Steam Station
John Wagner and Judy Hogan, representing Chatham Citizens Against Coal Ash Dumps
Deborah B. Graham, representing neighbors of Buck Steam Station

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Coal ash controversy continues in North Carolina

Tuesday, June 14th, 2016 - posted by interns

By Hannah Petersen

A map showing the N.C. Department of Environmental Quality's risk classifications for coal ash ponds across the state.

A map showing the N.C. Department of Environmental Quality’s risk classifications for coal ash ponds across the state. Click to enlarge.

UPDATE: As of June 22, North Carolina lawmakers had taken no further action on legislation related to coal ash cleanup in the state.

On May 18, the N.C. Department of Environmental Quality released the rankings for Duke Energy’s coal ash impoundments across the state following 15 public hearings throughout March.

Eight sites are classified “high priority,” meaning the impoundments must be closed and the toxic ash excavated and moved to a lined landfill by 2019. Duke has already agreed to fully excavate these sites. The remaining 25 were ranked intermediate and must be closed and excavated by 2024. It will be Duke’s decision as to whether the intermediate sites’ ash remains on Duke property or is moved to sites such as those in Chatham or Lee counties.

But those rankings could still change. DEQ requested a change to the state law governing coal ash disposal and asked the General Assembly for an 18-month extension during which Duke Energy can take action to remediate issues such as dam deficiencies, one of the key factors leading to the intermediate classifications.

DEQ officials also say that providing water to communities around the impoundments will alleviate drinking water quality concerns, another key factor. Giving Duke 18 months to make these changes would likely cause DEQ to reclassify the sites, opening the door for Duke to cap ponds in place. Citizens living near coal ash sites disagree with DEQ’s suggestion.

“Residents are angered that DEQ is already asking the legislature to consider changing the coal ash law in 18 months, likely creating further delays and loopholes,” according to The Alliance of Carolinians Together (ACT) Against Coal Ash — a coalition of community members directly impacted by the state’s coal ash.

Under the Coal Ash Management Act, an independent commission is required to approve DEQ’s rankings within 60 days. But that commission no longer exists. In March, Gov. McCrory disbanded the state Coal Ash Management Commission after the state Supreme Court found that the commission appointment process encroached on the executive branch’s power.

Citizens waitiing for clean water

On May 24, however, the legislature announced that it was currently revising Senate Bill 71 to reestablish the commission and provide future regulation for coal ash cleanup. Under the current writing of the bill the commission would have seven members, five of whom would be appointed by McCrory. Duke would have to provide water to residents within half a mile of coal ash impoundments. And if the appointed commission does not approve of the rankings within 120 days after recommendations, the rankings would be rejected.

The bill could relieve Duke from the responsibility of excavating coal ash threatening the water quality and harming nearby residents by causing air quality concerns and reducing property values.

Both the state House and Senate have approved the bill, but Gov. McCrory has vetoed it saying that it “weakens environmental protections, delays water connections for well owners, ignores dam safety, hinders efforts to reuse coal ash and violate the state constitution.”

Both the House and the Senate have enough votes to override the veto, but it now appears unlikely that lawmakers will take action.

“This bill is the latest attempt by Raleigh politicians to bail out Duke Energy,” said Frank Holleman in a statement for the Southern Environmental Law Center. “Now, after heavy lobbying by Duke Energy, the Raleigh politicians want to reopen the process to try to find a way to let Duke Energy off the hook.”

While the law has been the center of attention for policymakers, it also concerns North Carolinians.

“This is a way for Duke to wiggle out of fixing the problem,” says Doris Smith, a Walnut Cove resident who lives roughly two miles from Duke’s Belews Creek Power Station, which was ranked intermediate. “And providing water does nothing for the pollution. The only solution is to get the ash out of here.”

Last year, more than 300 residents living near Duke Energy coal ash ponds were sent “Do Not Drink” letters from the N.C. Department of Health and Human Services informing them of unsafe levels of heavy metals in their well water including hexavalent chromium, a carcinogen. This March, the state agencies rescinded the majority of these letters claiming that further studies revealed the recommendations were overly cautious.

But no well testing or on the ground studies had occurred. DHHS State Epidemiologist Megan Davies revealed during a deposition that the “extensive study” that the letters referenced were actually literature reviews of other state and federal policies for regulating contaminants.

“I know the language of the letter says, ‘after extensive study,’ said Davies. “To me, that doesn’t mean — it just means after reviewing the literature.”

When asked if she thought the letters should have been rescinded, the deposition transcript shows Davies’ response was, “No.”

“They treat us like we are dirt,” said Doris Smith of Walnut Cove. “I know why they don’t want to move the ash, it’s because there is so much of it. But it’s done enough damage.”

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Energy Burden Affects Low-Income and Minority Families and other news briefs

Tuesday, June 14th, 2016 - posted by interns

Energy Burden Affects Low-Income and Minority Families

Low-income, African-American, Latino and renter households spend a higher percentage of their household income on energy bills than the average household in the same cities, according to a study by the American Council for an Energy Efficient Economy and the Energy Efficiency for All coalition.

This high energy burden can be tied to less efficient housing and is most prominent in the Southeast and Midwest regions of the United States. The study suggests energy efficiency tactics that could help to remediate this discrepancy such as improving low-income utility programs and opting into the early credit options provided by the Clean Power Plan’s Clean Energy Incentive Program. — Hannah Petersen

Feds Seek Public Comment on Coal Leases

The U.S. Department of Interior is reviewing the federal coal leasing program to re-assess the health, environmental and financial impacts of mining and burning coal found on federally owned land.

Six public hearings will be heard across the country through June. On May 26, the southeastern hearing was held in Knoxville, Tenn. Concerned citizens, as well as environmental groups such as Appalachian Voices, attended this meeting.

“It’s time for a planned transition that will keep federal coal in the ground,” Bonnie Swinford from the Tennessee Chapter of the Sierra Club said in a press release.
Written comments can be submitted to DOI until July 28. For more information, visit tinyurl.com/CoalComment. — Elizabeth E. Payne

Ky. Utilities Seek Rate Increase for Coal Ash Cleanup

Kentucky Utilities Company and Louisville Gas and Electric are seeking permission from the Kentucky Public Services Commission to make customers supplement the cost for coal ash cleanup with increased rates. According to an article by the Public News Service, average monthly rates for KU consumers could increase $2.16 and $2.26 for LG&E consumers.

The revenue would go toward closing and capping the companies’ existing coal ash ponds, building new process water systems and controlling air emissions for the plants.

However conservationists believe the costs of coal pollution that have been ignored for several decades should be factored into the costs of production, not consumption. Information about rate increases can be found at psc.ky.gov. — Hannah Petersen

2016 Predicted to Show a Drop in US Coal Use

This year is predicted to see the largest decline in coal production since 1949, with the amount of coal produced in the Appalachian region forecasted to decline by 15 percent in 2016, according to the U.S. Energy Information Administration.

The EIA reports that consumption is also declining and, on average, stockpiles measured in February 2016 were 26 percent higher than those measured in 2015.

The agency states this decline in consumption and production is due to a mild winter and competition from the natural gas market. — Hannah Petersen

Obama Administration Nears Standards on Methane

Editor’s Note: Methane traps 25 times more heat than carbon dioxide, not 25 percent as appeared in our print edition. We regret this error.

On May 12, the U.S. Environmental Protection Agency took a step toward cutting methane emissions by 40 percent over the next ten years. Methane is a greenhouse gas that traps at least 25 times more heat than carbon dioxide.

A significant source of methane is natural gas. The new action requires the oil and natural gas industry to provide information needed before the EPA issues the final rules. The standards are expected to limit methane leaks from existing infrastructure and prevent leaks in new constructions, such as wells and pipelines.

With an eye on limiting climate change, the Obama administration is seeking to address a potent source of greenhouse gas with these measures. — Elizabeth E. Payne

DEQ dodges legitimate coal-ash safety concerns

Thursday, May 19th, 2016 - posted by amy

Editor’s note: The following op-ed about how far the N.C. Department of Environmental Quality has strayed from its mission appeared in The News & Observer on Monday, May 16. On Wednesday, the department announced tentative closure deadlines for coal ash ponds at Duke Energy facilities across the state, but told lawmakers it wants to revisit those rankings in late 2017. Read our statement on the tentative rankings here.

Dangerous attempts to cover up, rather than clean up, drinking water contamination only reveal how detached DEQ has become. Lawmakers should acknowledge DEQ’s failures and focus on moving forward on truly cleaning up coal ash ponds.

Dangerous attempts to cover up, rather than clean up, drinking water contamination only reveal how detached DEQ has become. Lawmakers should acknowledge DEQ’s failures and focus on moving forward on truly cleaning up coal ash ponds.

Sworn testimony of a state epidemiologist that became public over the weekend confirms what many North Carolinians living near Duke Energy’s coal ash ponds already assumed. Health experts who developed the drinking water standard that led officials to tell hundreds of residents last year that their water is not safe did not support the McCrory administration’s decision in March to rescind the warnings.

The disclosure comes as state lawmakers consider a bill that would prohibit local health departments from issuing health advisories to private well or public water users unless contaminants exceed levels set by the federal Safe Drinking Water Act. But that law is intended as a backstop to be built upon, not as a floor for states like North Carolina that are content with the bare minimum.

From the state’s perspective, the bill is a quick fix to make certain that officials with the Department of Environmental Quality and Department of Health and Human Services never again suffer the backlash they have seen since lifting the warnings about high levels of vanadium and hexavalent chromium – potentially due to proximity to coal ash ponds. Residents were told their water was unsafe to drink or use for cooking. There is no federal drinking water standard for vanadium or hexavalent chromium.

These are just the latest examples in a long pattern of attempts by the McCrory administration to insulate itself from outside criticism and, more importantly, from citizens’ legitimate concerns. These tactics have been central to the dismantling of DEQ, where I worked for nearly nine years. I resigned in 2013, around the time former Secretary John Skvarla pledged to transform the agency into a “customer-friendly juggernaut” with the primary role of serving industry.

After Skvarla’s departure, the promotion of Donald van der Vaart to the position showed McCrory’s skill at hand-picking leaders guided by an ideological compass that points away from environmental protection. Enabled by anti-regulatory powers in the legislature, DEQ’s leadership has abandoned the principles necessary to serve the public. North Carolinians across the political spectrum should be alarmed at the state of the agency today.

As we await the announcement this month of DEQ’s final plans for closing coal ash ponds across the state, we recognize that there has been progress toward addressing this significant problem. But the pledges to safely close ponds and protect communities after the Dan River disaster are distant memories now. Instead, DEQ’s top-down decision-making has dominated the process.

Read More: NCDEQ wants changes to coal ash law before finalizing rankings

The final months of the coal ash pond ranking process have been particularly frustrating for citizens, advocates and, presumably, many of the rank-and-file at DEQ. After a draft report leaked last December revealed that DEQ’s own experts recommended full closure of most coal ash ponds, van der Vaart stepped in, assuring the public that the draft was based on “incomplete data.” Two weeks later, the agency’s final report listed only eight of the state’s 32 ponds as being “high” risk and deserving full closure. Most are now proposed as “low” or “low-intermediate” risk, meaning the coal ash could be capped in place and continue to threaten to water quality.

What would have been the only remaining line of defense, the Coal Ash Management Commission, was created in part to review DEQ’s recommendations before they become final. But McCrory disbanded the commission in March as a series of hearings to gather public input on the state’s coal ash sites was underway. Rather than acknowledging the independent role the commission was created to play, van der Vaart has asserted that his department has everything under control.

DEQ leaders know citizens are concerned about their water and health. The Alliance of Carolinians Together Against Coal Ash, a statewide coalition of North Carolinians living near Duke Energy’s coal ash sites, has made that evident. They’re concerned with good reason. When the U.S. Commission on Civil Rights arranged a town hall meeting in Walnut Cove near Duke’s Belews Creek power plant, it wasn’t to spotlight DEQ’s success mitigating an environmental injustice.

Some state lawmakers are taking urgent action to re-establish the Coal Ash Management Commission. I’m glad; a strong independent commission is critical to earning the public’s trust and properly closing coal ash ponds. But dangerous attempts to cover up, rather than clean up, drinking water contamination only reveal how detached DEQ has become.

Lawmakers should acknowledge DEQ’s failures and focus on moving forward on coal ash cleanup, not continuing to enable an agency that has lost its way.

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Controversy Shrouds Coal Ash Cleanup

Monday, April 18th, 2016 - posted by molly

By Elizabeth E. Payne

In March, the N.C. Department of Environmental Quality held a series of 15 public hearings across the state to solicit stakeholder comments on the classifications for the 33 coal ash impoundments located at Duke Energy’s 14 coal-fired power plants.

These classifications — low, intermediate and high — are used by NCDEQ to assess the risk of each site and determine the timetable and minimum standards that the cleanup process will follow.

At the hearings, area citizens were able to speak with NCDEQ staff about their concerns with the cleanup process. Many urged the agency to rank their community as intermediate or high priority.

“We drank the water, ate the food in that soil,” said Leslie Brewer, who raised her family near the Belews Steam Station coal ash pond in Danbury, N.C. “Please make this high priority, my children don’t have another ten years to wait until this is cleaned up.”

Read more about the hearings here.

These hearings were required by the state’s Coal Ash Management Act, which also established the Coal Ash Management Commission to oversee the process amid an atmosphere of public distrust. Following legal challenges reaching the state’s Supreme Court, Gov. Pat McCrory disbanded the nine-member commission in mid-March.

The act tasked the commission with ensuring that NCDEQ’s classifications accurately reflected the level of risk posed by each site, and allowed them 60 days to review and comment on the classifications. Whether a new commission will be appointed in time to provide oversight is unclear.

The same week that the commission was disbanded, staff members from the NCDEQ and the N.C. Department of Health and Human Services lifted the do-not-drink warnings from households near coal ash ponds whose wells had been contaminated by hexavalent chromium and vanadium.

The agencies lifted the ban on water containing levels of hexavalent chromium exceeding the state standard of 0.07 parts per billion. Citing federal standards of 100 parts for billion for total chromium, Tom Reeder, the state’s assistant secretary for the environment, argued that the previous standards had been overly cautious. There is no federal standard for hexavalent chromium, a carcinogen.

Duke Energy, which denies responsibility for the contamination, will soon stop providing bottled drinking water to the affected households.
In other news, two groups have dropped their complaints against Dominion Virginia Power’s plan to release wastewater from coal ash ponds at two of its power plants into the Quantico Creek, which feeds into the Potomac and James rivers. After Dominion announced that it would adopt stricter standards for treating the wastewater than were required by the Virginia DEQ, the Prince William County, Va., board of supervisors and the James River Association agreed to stop fighting the plan, according to the Bay Journal.

Other groups, including the Southern Environmental Law Center and the state of Maryland, will continue to appeal Dominion’s discharge permit.

How coal ash impacts civil rights

Monday, April 18th, 2016 - posted by sarah

Residents of Walnut Cove have fought to win justice for those who have been harmed by coal ash pollution at the nearby Belews Creek power plant.

Residents of Walnut Cove, N.C., testified about the threats coal ash poses to their community during a hearing organized by the North Carolina Advisory Committee to the U.S. Commission on Civil Rights.

Residents of Walnut Cove, N.C., testified about the threats coal ash poses to their community during a hearing organized by the North Carolina Advisory Committee to the U.S. Commission on Civil Rights.

March flew by in North Carolina, where coal ash continues to make headlines and the state government continues to make missteps.

Last month, more than 1,500 North Carolinians flocked to the 14 public hearings on coal ash basin closure held by the N.C. Department of Environmental Quality. The turnout was great, the news coverage was thorough, and the oral comments delivered by residents (many of whom live within 1,500 feet of Duke Energy’s coal ash ponds) were pointed and poignant.

Residents commented on a lack of science and data in Duke Energy’s groundwater reports and noted the cozy relationship between Duke, Gov. Pat McCrory and DEQ. They explained why they do not feel safe drinking their well water and demanded that all coal ash sites be made high-priority for cleanup and that no site be capped-in-place. And they shared heart-wrenching stories of family and friends who have passed away or are currently suffering from illnesses associated with exposure to heavy metals.

On the heels of the series of March hearings, the U.S. government added one more critical hearing to North Carolina’s expansive schedule: a hearing on coal ash as it relates to civil rights.

The U.S. Commission on Civil Rights is currently preparing a report for Congress, President Obama, and the U.S. Environmental Protection Agency on coal ash and its impact on civil rights, especially in low-income communities and communities of color. In February, the commission held a hearing in Washington, D.C., where hundreds of coal ash activists and coal ash neighbors from across the country gathered and testified about the impacts coal ash has had on their communities. State advisory committees to the commission also had the opportunity to hold local field hearings, but only two in the nation did, and one of those was in the small town of Walnut Cove, N.C.

This was a big deal for residents of Walnut Cove, who have fought for over three years to make their tragic story known and to win justice for those who have been harmed by Duke’s coal ash pollution at the nearby Belews Creek power plant. In response to the interest in coal ash expressed by the North Carolina Advisory Committee to the U.S. Commission on Civil Rights, the Walnut Cove community showed up in a big way.

Citizens Speak Up

Throughout the day, the Walnut Cove Public Library was packed with local residents and allies. Several community members were featured on the panels, including Tracey Edwards and David Hairston, lifelong residents of Walnut Cove who spoke to their experience of growing up with the coal ash falling like snow and witnessing the alarming rates of illness, especially cancer, and subsequent deaths in their small, rural community.

“Duke Energy promotes poison for profit at the expense of human life,” remarked Edwards. “You can’t drive in any direction from the coal power plant without knowing someone who has cancer.”

“You won’t understand until you’ve lived what we’ve lived and lost what we’ve lost,” Hairston explained. “My only mother is dead, Tracey’s only mother is dead. Who else we gonna lose over the next ten years?”

Long-time volunteer and activist, Caroline Armijo, who grew up in a neighboring town of Walnut Cove, presented on a panel alongside DEQ Assistant Secretary Tom Reeder. While Reeder praised DEQ and the McCrory administration for their efforts to clean up coal ash in North Carolina, Armijo made it clear that those efforts were not enough. She cited the pervasive illnesses, and the desire among community members to look at solutions that would last longer and be more protective than lined landfills.

The advisory committee members were attentive and moved by the stories and information presented. They were concerned not just about the health impacts of coal ash, but also the associated health care costs and psychological trauma, repeatedly asking community panelists if anyone is helping them in their plight. Committee Member Thealeeta Monet commented on the shameful lack of mental health care available to coal ash neighbors saying, “You cannot be collateral damage without being damaged.”

To the surprise of the audience, committee member Rick Martinez, who has ties to the conservative John Locke Foundation and the McCrory administration, told Duke Energy’s Mike McIntire that he should tell his superiors that the people of Walnut Cove would not accept anything less than full excavation of the coal ash pond. “Tell your management to start budgeting for that eventuality,” Martinez said, “not just here but throughout the state.”

In addition to the scheduled panelists, around 40 additional community members and allies spoke during the open comment section of the hearing. Some speakers had travelled from other North Carolina communities near to Duke Energy’s coal ash ponds, and spoke for both their communities and in solidarity with residents of Walnut Cove. The final speakers of the day were all locals who had lost numerous loved ones to cancer.

Shuntailya Graves, a college student studying to become a biologist brought many in the audience to tears when she listed the cancers that each of her immediate family members have sufferred. Adding to the concerns of health care costs she explained, “My mother was diagnosed with thyroid, ovarian and uterine cancers. She had a full hysterectomy and later was diagnosed with thyroid and brain cancer. She has had nine cancerous brain tumors. Her medicines for a 30-day supply are $1,900. Who is going to pay for that? This all comes from coal ash.”

Vernon Zellers told the commission about losing his wife to brain cancer. The committee chair, Matty Lazo-Chadderton, walked over to give him tissues as he sobbed in front of the crowd. “When am I going to die?” he asked, “Am I next?”

Committee Members Respond

Not only were the committee members clearly moved by the day’s events, but so were the three presidentially appointed members of the U.S. Commission on Civil Rights who sat in the audience. Because of the excitement felt by everyone in the weeks leading up to the hearing, the U.S. Commission on Civil Rights’ chairman, vice-chair and another commission member all journeyed to Walnut Cove to listen to the day’s speakers. Chairman Martin Castro commented that the Walnut Cove hearing was the most powerful he had ever been to, both in content, community engagement, and emotional persuasiveness.

With tears in her eyes, Commissioner Karen Narasaki told the community members, “You have given life to the policy issues that can get so wonky. You have made it clear that in this case, it is just about common sense.”

Castro told the community that he related strongly with their stories, having grown up in an industrial area in a community that also suffered from high rates of cancer.

“Don’t tell me there is not a correlation,” he remarked. “This is not just a constitutional or public policy issue. This is a real life issue. Know your stories did not go unfelt or unnoticed. There is something wrong with the system and we need to figure out how to change the system.”

“You will have an advocate,” he promised, “not just here, but in Washington.”

The hearing was a blessing for the community of Walnut Cove, and not one person left without feeling the sense of sorrow, hope, love, passion and joy that emanated from the day’s speakers. As we continue to fight for justice for the little town next to Duke Energy’s Belews Creek power plant, we can take solace in the knowledge that when residents, DEQ and Duke each presented their testimonies during a federal hearing, the light of truth shone unmistakably bright upon the everyday people who have lived, lost, and fought a Goliath in the shadow of its smokestacks.

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Citizens Show Strength at NC Coal Ash Hearings

Friday, April 15th, 2016 - posted by molly

coal_ash_inavThroughout the month of March, the North Carolina Department of Environmental Quality held a series of public hearings to gather input on cleanup of the state’s nearly 150 tons of coal ash.

The DEQ scheduled individual meetings for each of the state’s 14 coal-fired power plants and their corresponding coal ash impoundments. At each of the hearings, impacted residents, environmental groups and civil rights champions called upon the DEQ to consider all coal ash impoundments in the state as high or intermediate priority. Those classifications require excavation for cleanup instead of allowing the ash to remain in place with a plastic liner cap installed on top. Currently, the DEQ has ranked the coal ash sites into proposed high, intermediate and low categories, with nearly half of the facilities falling in the intermediate and low priority.

Hundreds of residents packed a series of hearings on coal ash cleanup in North Carolina during March.  Photo by Jimmy Davidson

Hundreds of residents packed a series of hearings on coal ash cleanup in North Carolina during March. Photo by Jimmy Davidson

Appalachian Voices’ North Carolina team worked tirelessly throughout January, February and March with partner groups and the A.C.T. Against Coal Ash coalition to inform residents about the hearings. Thanks to those efforts, nearly all 14 meetings were full, with dozens of citizens providing testimony at each.

David Hairston, a resident near the Belews Creek Steam Station in Stokes County, lamented the fact that young people in the area are worried about future health impacts. “If your kids lived here, would it be low priority?” he asked the official.

 Our N.C. Field Coordinator Sarah Kellogg worked tirelessly to inform residents and prepare comments to present at the hearings.  Photo by Jamie Goodman

Our N.C. Field Coordinator Sarah Kellogg worked tirelessly to inform residents and prepare comments to present at the hearings. Photo by Jamie Goodman

At the Buck Steam Station meeting held in Salisbury, one resident discussed her concerns about allowing the coal ash impoundments to remain in place, stating that “If that dam were to break, my house would be the first to go.”

Residents living adjacent to the coal facilities also detailed their concerns about water contamination, with some pointing to the state’s Do Not Drink warnings they received last year which were controversially rescinded in early March, shortly after the hearings began.

The final ratings from DEQ are expected to be released May 18. A public comment period held in conjunction with the hearings closes on April 18. Learn more at appvoices.org/truth-about-coalash.

DEQ’s “Do Not Drink” reversal elevates coal ash concerns

Tuesday, March 8th, 2016 - posted by brian

Residents are right to be skeptical of the state’s sudden claims that their water has been safe all along.

Update 3/17: After continuous news coverage of the decision to lift “Do Not Drink” warnings, citizens have still not received an adequate explanation from state officials. In-depth posts like this one from the journalist behind Coal Ash Chronicles, Rhiannon Fionn, and this one, from Clean Water for North Carolina explain why the sudden decision is so troubling. Another cause for concern came this week when the N.C. Coal Ash Commission, which was created to promote transparency and restore the public’s confidence in regulatory decisions, was abruptly disbanded.

Take Action: There’s still time for residents of North Carolina to attend a coal ash hearing or submit written comments.

Duke Energy and the N.C. Department of Environmental Quality are controlling the narrative of coal ash cleanup and writing off the complaints of citizens most impacted by coal ash pollution. Help us hold them accountable.

Duke Energy and the N.C. Department of Environmental Quality are controlling the narrative of coal ash cleanup and writing off the complaints of citizens most impacted by coal ash pollution. Help us hold them accountable.

North Carolina officials owe residents and local officials in Lee County an apology, and they owe every North Carolinian an explanation.

Over the past month, the N.C. Department of Environmental Quality and N.C. Department of Health and Human Services have walked back their own recommendation that families in Lee County not drink or cook using water from wells with carcinogens that exceed their own standards.

The water is now safe, they say, and it always has been.

Last November, private wells within a half-mile of open-pit clay mines in the county were tested to collect baseline data. Duke Energy plans to move more than 7 million tons of coal ash from sites in Lumberton and Goldsboro and dispose of it in the abandoned Lee County clay mines.

The results from every well tested showed elevated levels of the carcinogen hexavalent chromium, vanadium or both. So, as they have for hundreds of citizens living near active coal ash ponds across the state, officials made sure affected families in Lee County received the message.

Residents took steps to protect themselves and their children; they bought bottled water, installed filters, and avoided the tap while waiting for further instructions. They did what the experts said to do.

Learn the Truth About Coal Ash.

Imagine their confusion now that those “do not drink” letters have been rescinded. Curious to learn what changed, residents packed a Lee County commissioner’s meeting on Monday where DEQ Assistant Secretary Tom Reeder and Dr. Randall Williams, the state health director, provided their side of the story but failed to fully address the problem or accept any fault.

Given the opportunity for a public mea culpa, Reeder used misdirection and pointed to levels of the same contaminants in municipal water supplies across the state. Williams told commissioners the standards his department set were “exceedingly cautious.” They’re also apparently irrelevant.

Without actually changing the standards, this decision allows the state to lift “do not drink” warnings issued to hundreds of residents living near coal ash ponds. Many of their wells tested at much higher levels for hexavalent chromium and vanadium than those in Lee County. Meanwhile, the DEQ is hosting hearings across the state this month, where data collected from private wells near coal ash ponds will be used to help determine the risk classifications and closure timelines for those sites.

READ MORE: State reversal on hexavalent chromium in well water an outrage

“There’s going to be hell to pay for somebody at the end of the day who has to explain to people why it was too dangerous to drink two days ago, but today it’s fine,” Appalachian Voices’ Amy Adams told WRAL. “You didn’t fix the problem. You lowered the number.”

While top officials at the N.C. Department of Environmental Quality have repeatedly shown themselves to be clumsy when it comes to public statements, they always stress that they rely on the facts. But the situation in Lee County, and in other communities grappling with the threat of coal ash, shows the agency’s split-personality and an apparent disagreement on which facts matter and which can be ignored.

“As far as the state of North Carolina is concerned, they can drink their water,” Williams told Lee County commissioners on Monday.

But residents are skeptical of the state’s sudden claims that the water has been safe all along. Debra Baker, a resident of Belmont, N.C., was told nearly a year ago that her water was unsafe to drink due to elevated levels of vanadium and hexavalent chromium.

Baker lives next to Duke Energy’s G.G. Allen Plant. When officials tested her well water, the results showed vanadium at 40 times the state’s standard and hexavalent chromium at 13 times the standard. According to Baker:

“I absolutely do not feel safe. [Dr. Kenneth Rudo], the state toxicologist has personally called me and told me not to drink my water. My well is surrounded by the ash, so no I don’t feel that it’s suddenly alright to drink my water just because DEQ and DHHS are suddenly rescinding their do not drink orders. This makes me very afraid for my son and myself. I feel like this decision is just another slap in the face from regulators who are supposed to be protecting us.”


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Cleanup Plans for Region’s Coal Ash Cause Concerns

Wednesday, February 17th, 2016 - posted by interns

By Elizabeth E. Payne

On Dec. 31, the North Carolina Department of Environmental Quality released its recommendations for prioritizing the closure of the state’s 33 coal ash impoundments, as required by law. In a draft report made public prior to the announcement, NCDEQ staff determined that nearly all of the containment ponds had a high potential for risk. Despite this, the recommendations released by the agency assigned a reduced risk level to all sites not already identified as high priority.

The prioritization will determine how quickly Duke Energy must close each facility and what standards they must meet when securing the coal ash. In a statement released on Jan. 6, the Alliance of Carolinians Together Against Coal Ash — a coalition of community members directly impacted by the state’s coal ash — criticized the agency’s recommendations (see page 22).

NC DEQ will hold public hearings at each of the 14 sites in March.

On Jan. 29, the N.C. Supreme Court ruled that the appointment of most members of the independent commission tasked with overseeing these closures was unconstitutional. The fate of the commission is unknown.

In Virginia, Dominion Virginia Power is also closing many of its coal ash containment facilities, as required by the U.S. Environmental Protection Agency. On Jan. 14, Dominion was awarded permits to begin draining water from containment ponds at two of its power stations into Quantico Creek, which feeds into the Potomac River and then into the James River. Once drained, Dominion plans to consolidate the coal ash into a single lined pond and seal the toxins in place.

The Southern Environmental Law Center will appeal these permits on behalf of Potomac Riverkeeper Network, claiming that the permits do not require Dominion to adhere to the Clear Water Act or treat the water to remove toxins before dumping it in the rivers.

Similarly, Duke Energy has begun decanting water from the coal ash pond at its Riverbend Steam Station into Mountain Island Lake, a major source of drinking water for the city of Charlotte, N.C.

In other news, roughly half of the three million tons of coal ash at Duke Energy’s power plant in Eden, N.C., is being shipped by rail to a lined landfill in Amelia County, Va. The Eden plant was the source of the spill that dumped 39,000 tons of coal ash into the Dan River on Feb. 2, 2012.

And in Washington, D.C., the U.S. Commission on Civil Rights will hold a hearing on the “civil rights implications of [placing] coal ash disposal facilities near minority and low income communities.”

Editor’s Note: The print version of this article stated that North Carolina had 32 coal ash impoundments. This figure has been corrected to 33, reflecting the additional impoundment at the Roxboro facility announced by the N.C. Department of Environmental Quality on Jan. 13.