Posts Tagged ‘Coal Ash’

N.C.’s Sutton Lake Finally Gets the Protection it Deserves

Wednesday, November 19th, 2014 - posted by Jaimie McGirt
Padding on the Cape Fear River. Photograph by Jaimie McGirt

Paddling on the Cape Fear River. Photo by Jaimie McGirt

Wilmington, N.C., is the site of the L.V. Sutton Power Station — a retired coal-fired power plant operated by Duke Energy along the Lower Cape Fear River. Though Duke recently converted Sutton to burn natural gas, the carcinogenic-laden waste generated from decades of coal combustion remains in 135 acres on site.

The largest is Sutton Lake, a cooling pond now managed by the N.C. Wildlife Resources Commission that previously received unregulated discharges from three adjacent coal ash ponds. According to Frank Holleman with the Southern Environmental Law Center, however, the District court of Wilmington ruled last week that Sutton Lake is a Water of the United States, meaning it will no longer be an authorized site for unpermitted coal ash discharges and the adjacent coal ash ponds ponds must undergo frequent inspection.

Though I’ve lived the past five years away from home, I am from the Wilmington area. I spent a lot of time as a kid on the Cape Fear River in a boat with my parents. We would idle along, my dad showing me the spots where he used to camp, squirrel hunt and shoot mistletoe from tree canopies along the river. Eventually, I began kayaking to those places, exploring them for myself and venturing further downriver. While I was often surrounded by wild things, periodic sights of clear-cut forests and the distant red and white-striped smokestacks of the Sutton plant reminded me that development and pollution was not far off.

At first, I wasn’t aware that I was paddling a stone’s throw from Sutton Lake or the ash ponds. Unlike so many people, I had never been out on the lake; I had only seen the brown recreational boat ramp sign off Hwy. 421 and wondered what it was like. But on one occasion my dad and I were heading downriver admiring the giant cypress trees and we stopped at the river bank where there was a small gap in some pines. We scrambled up the riprap and debris and suddenly I realized what I was seeing — Sutton Lake.

Unlike Sutton Station, the lake is hidden by a stand of trees adjacent to the river. Vast and obviously man-made, it seemed such a stark environment; I couldn’t imagine that anyone would actually visit it recreationally — and I didn’t even know about the coal ash dumping there at this point. But people did visit. They still do. Like so many other lakes that serve as illegitimate or unregulated coal ash dump sites, Sutton is a popular fishing and boating site.

Why, when it looks nothing like a natural lake with its concrete retaining berms and gravel access roads on top of the berms and is polluted with heavy metals? I didn’t know about the nearby coal-fired power plant and coal ash ponds — and I grew up as a privileged, environmentally aware, English-speaking kid in the area. It’s a large body of water well stocked with bass, bluegill and a variety of other fish; on the surface, it appears normal. That’s my best guess as to why.

That’s how it’s been for a long time. Looking out over the pond that day, my dad said, “I used to fish here and now some people say that it’s bad. I didn’t know any better back then.” Despite the time that has passed, some people still believe it is safe to be on the lake, and worse, fish for subsistence. Today, contaminants like arsenic, chromium, boron and selenium exist in Sutton Lake. These toxins pose a major threat to fish and human health if consumed. While some fisherman catch-and-release, others, especially those from under-resourced and/or immigrant communities, don’t know better or don’t have an alternative — and that goes for fish caught in the river too. (While groundwater contamination affects people in close proximity and discharges affect people downriver, contaminated fish in the river are not stationary. Some species travel upriver to spawn, affecting plenty of people upriver from the waste sites.)

That’s what Kemp Burdette, the Lower Cape Fear Riverkeeper, shared with my dad, me and other Appalachian State University students during a “source-to-sea” kayak expedition I led two years ago. I was raised on fresh-caught freshwater fish and seafood, and despite having known about mercury levels in some fresh and saltwater fish, I couldn’t turn down fried catfish until Kemp told us that a woman shouldn’t eat catfish from the Cape Fear but once a year, and a pregnant woman — forget about it. At that moment I remember feeling such remorse for all of the people who had catfish lines trailing under low-hanging branches over the river, planning to take their catch home to their families, just as my dad used to do. And that doesn’t even account for the remorse I now feel for people across our state, nation and world seeking and finding their livelihood near coal ash ponds and other toxic waste sites.

Today, I know much more about coal ash and the associated threats. That counts for something. Today, my parents live about two miles upriver from the plant and the lake. No longer fishing in that area and having well water, they really aren’t at risk like so many others downriver in Flemmington Road, Navassa, Leland and other rural communities. But they know the risks. That counts for something. There are advocates inside and outside of communities — concerned local businessmen and women, children, parents, elders, hard laborers, fishermen, scientists, doctors and lawyers — that are challenging the corporate status quo and inadequate regulations that fail to protect their drinking water. That counts for something. And finally, our courts have listened and ruled to protect Sutton Lake from unpermitted discharges from Duke Energy’s coal ash ponds.

Of course, until the coal ash waste is moved into lined ponds, as required under the new state coal ash law, we’re still left with 135 acres of coal ash ponds at the Sutton site that constantly leach contaminants and are at risk for structural failure. That’s not to mention the 13 other contaminated coal ash storage sites across North Carolina, 10 of which are not prioritized for cleanup under the new law.

Prioritization is on the table, however. By December 2015, all coal ash storage sites must have a priority designation — which will determine pond closure and cleanup plans under the N.C. Coal Ash Management Commission’s watch. Maybe the Sutton reclassification as a Waters of the United States is only a small move toward environmental justice, but it gives me hope for the remaining coal ash sites in North Carolina, and more importantly, hope for the marginalized residents that bear witness to the injustice in their communities every day.

In memory of an inspirational leader and friend

Wednesday, November 12th, 2014 - posted by Sarah Kellogg
Annie Brown: June 28, 1950 - September 28, 2014

Annie Brown:
June 28, 1950 – September 28, 2014

Appalachian Voices and Residents for Coal Ash Cleanup lost an amazing activist and dear friend in late September with the passing of Annie Fulp Brown.

Annie lived in the rural community of Walnut Cove, N.C., her entire life. Her first priority was always her family. She lived across the street from one of her daughters and best friend, Tracey, and she would speak proudly of her grandchildren, who love reading and excel in school. She was a natural nurturer. She would tell me stories about her family all the time, about how her granddaughter would cross the street to eat breakfast at her house before school, about big plans for a 100-person Thanksgiving event, about her prayers for her husband and daughter’s health.

She was also an activist and a champion for her community. She was one of the first people in her neighborhood to speak publicly about her experience living next to the largest coal-fired power plant in the state, Duke Energy’s Belews Creek steam station. As busy as she was, she always took interviews with any media outlet that would listen to her story, from the Winston-Salem Journal to 60 Minutes. She was the rare kind of activist who is capable of boldly speaking their truth and inspiring others to join the cause — and she did it all for her family.

“I have children, and grandchildren, and even great-grandchildren. I’m a young great grandmother,” Annie says in the video At What Cost?, “I want them to be able to have a life that’s free of constant problems caused by toxins. I’m concerned about them.”

Annie’s concern was born from her experience of living next to the Belews Creek power plant for decades.

When Duke Energy built the Belews Creek power plant in the early seventies, Annie and her neighbors had to move, but only a couple of miles down the road. “We still formed that community,” Annie said, “pretty much the same people, the same families.”

Annie suffered many ailments throughout her life. But as she got older, she began to see a connection between the pollution from the Belews Creek plant and the illnesses she and her neighbors were suffering.

After the Feb. 2 coal ash spill into the Dan River, the N.C. NAACP held a town hall in Eden, N.C. Annie spoke to a church packed with more than 70 people openly and clearly about her health concerns. She showed them the list of names she had collected of people in her community that suffered from strange illnesses and early deaths. She spoke about a mysterious illness that immobilized her right hand.

Annie told the crowd about the ash that used to fill the air every day, “The place where that fly ash landed ate the paint [off the car]. I didn’t think anything of it because no one had informed us of any toxins, any poisonous metals … it was just flying in the air, my kids were out playing in it.”

Rev. William Barber, a leader of the Moral Monday movement, told Annie at the town hall, “Sometimes God allows people to live so they can give their living testimony of the hell they’ve been through so that those who are yet living will hear that testimony and take up the cause of fighting for justice.”

I know Annie desperately wanted things to change for her family and her community. She stood up and spoke out against Duke Energy’s pollution — she knew it was an injustice. It’s not every day that you meet someone willing and brave enough to put their energy into stopping injustice, but Annie was one of those people, and I feel blessed to have known her.

“She was a courageous spokesperson for her community,” reflects Kara Dodson of Appalachian Voices, “Annie had such a trustworthy, friendly personality that really connected with people and allowed them to join our fight wholeheartedly. I think her faith and love for her family is what kept her speaking out, telling her story, motivating others to care. She always had a joke, a funny story that would keep the mood hopeful. And as far as I can tell, she was born to be a fighter.”

At her Homegoing Service, the church was packed — a testament to how well loved and respected she was by her community. As we lifted our voices in song and prayer, I remembered sitting outside a different, smaller church with Annie, watching as she picked five-petaled flowers. She told me about how the flowers were good luck, and how she and her grandmother used to pick them together. She told me about growing up in Walnut Cove, about wearing dresses made of flour sacks, spying on the local moonshiner, and the time she drove her daddy’s car down the road. I’ll always remember with great fondness and admiration her stories, her strong spirit, and her unending love for her family.

Today, Residents for Coal Ash Cleanup and Appalachian Voices continue the fight to clean up the toxic coal ash that has polluted Annie’s community for decades. As the newly formed coal ash commission begins deciding how, when, and even if each coal ash site will be cleaned up, Annie’s brave words and love of her grandchildren come to mind, “Clean water is a must, for all of us.”

Read more about the community of Belews Creek here
Read about the NAACP Town Hall and watch Annie Brown’s speech here
Read one of the first articles quoting Annie Brown here

Be cool and keep fighting

Wednesday, November 5th, 2014 - posted by thom
After the tumultuous midterm elections, not that much has changed and our job in Washington, D.C., remains much the same.

After the tumultuous midterm elections, not that much has changed and our job in Washington, D.C., remains much the same.

For the next couple of weeks, you’ll have a hard time turning on the TV or going online without seeing reactions to the midterm elections. Most pundits will analyze what happened, and some will try to tell you what it means.

Here’s what it really means: maybe not that much.

To put things in historical perspective, let’s take a moment to look back at some very recent elections and their outcomes.

2008: Democrats take the White House and a supermajority in both the House and Senate! They proceed to pass climate legislation, stop mountaintop removal coal mining, usher in a new age of clean energy take a few moderate steps toward reducing the amount of permits issued for mountaintop removal coal mining.

2010: Republican wave! The GOP takes the House by a wide margin and nearly takes the Senate. They proceed to remove EPA’s ability to regulate carbon pollution and then expedite all mountaintop removal permits create a fuss while federal agencies continue to take moderate steps towards limiting coal pollution.

2012: Democrats keep the White House, and improve their numbers in both the House and Senate! They proceed to make permanent changes to coal mining and coal ash regulations while stopping global warming in its tracks make no headway on coal mining regulations, allow mountaintop removal mines to be permitted, and take only moderate steps on coal ash regulation and carbon emissions.

We don’t know what the future holds, but considering what happened yesterday there are a few things that we can be pretty sure of moving forward.

The politics of Virginia and Tennessee are not much different today than they were yesterday. No major incumbent lost their race, and the election’s outcomes gives us no reason to believe federal office holders from either state will change their behavior going forward. Appalachian Voices, for one, is happy to continue to work with members from both states and both parties.

West Virginia and Kentucky are still in Big Coal’s stranglehold. But like coal itself, the industry’s power is finite. We can’t say how soon the politics of coal will change in Central Appalachia, but we will continue to work with our allies in those states to change the conversation. For now, members of the two states’ delegations will continue to vote the way they have for years.

After 30 years as an advocate for coal miners and the coal industry alike, Rep. Nick Rahall lost to his Republican challenger, Evan Jenkins, in the race for West Virginia’s 3rd district. Rahall was the senior Democratic member and had a firm grasp on the House Transportation and Infrastructure Committee, which has jurisdiction over the Clean Water Act. His replacement in that role will likely be someone who opposes mountaintop removal coal mining. For that, we can be all be happy.

North Carolina’s Senate election was a bit of a surprise. Though, aside from Democrat Kay Hagan being replaced by Thom Tillis, the rest of delegation is unchanged.

Appalachian Voices has worked hard to build relationships with members of Congress and their staffs in both the House and the Senate. But we have known for a long time that getting comprehensive legislation through Congress is not a good short-term goal.

The White House, on the other hand, is armed with the science and has the legal authority and moral obligation to take on mountaintop removal, coal ash pollution, climate change and other threats. President Obama was never going to be able to rely on Congress to act on those issues. So from that perspective, nothing has changed.

It’s okay to be excited about a candidate you like winning an election. It’s okay to be bummed when a candidate you like loses. But it’s not okay to get so caught up in it all that you forget the big picture.

As we see it, the job before us has not changed. Our responsibilities to Appalachia, and yours, are the same today as they were yesterday and will be tomorrow.

We will keep fighting for a better future for Appalachia, and push every decision-maker, regardless of their political leanings, to stand with us. We will fight to end to mountaintop removal and for a just economic transition away from fossil fuels. We will fight because no one else is going to do it for us, and we will need you there by our side.

Coal ash rule reaches White House for final review

Wednesday, October 29th, 2014 - posted by brian
After four years of hand wringing, the first-ever rule to regulate coal ash has reached the final stage of review.

After years of hand-wringing, the first-ever rule to regulate coal ash has reached the final stage of review.

On Monday night, the U.S. Environmental Protection Agency sent a long-awaited rule to regulate the disposal and storage of coal ash to the White House Office of Management and Budget for final review.

“We are pleased to see the draft rule move into the final phase of review needed for its release in December,” says Amy Adams, Appalachian Voices’ North Carolina campaign coordinator.

“Having experienced the consequences of poor enforcement and weak or non-existent state regulations, North Carolina serves as a clear example of why states must have federal baseline standards for coal ash,” Adams says. “We must place our hope in the strength of the EPA rules and the resolve of the federal government to protect citizens from this toxic waste.”

Observers say the administration should have enough time to finalize the rule by the EPA’s court-ordered deadline of Dec. 19, which the agency apparently “fully expects” to meet.

Until then, however, we won’t know much about how far the rule will go to protect communities across the United States from coal ash pollution.

Infographic: The Truth About Coal Ash

At least for the next several weeks, the substance of the rule is still subject to change and there are a few different ways it could go. Environmental groups have for years pressured the EPA to regulate coal ash as the dangerous substance that it is. This option would classify coal ash as a hazardous waste under Subtitle C of the Resource Conservation & Recovery Act. Utilities and other industries hope the rule will regulate coal ash under Subtitle D of RCRA, which emphasizes state oversight and enforcement through citizen lawsuits.

In both scenarios, the EPA says it won’t regulate the use of coal ash in concrete and other construction material, or as fill material — the latter will fall under the Office of Surface Mining Reclamation and Enforcement’s upcoming Mine Fill Rule. Beyond that, the description of the rule on OMB’s website offers little insight, which may be just how the White House wants it.

As Earthjustice’s Lisa Evans points out, the OMB review process is “a black box — opaque, inscrutable and exceedingly dangerous. Rules never come out the way they go in — the offices of OMB are littered with crumpled pages of strong rules gone soft after revision by the White House.”

Evans uses an example from 2009, when former EPA Administrator Lisa Jackson sent the White House a plan to regulate coal ash as a hazardous waste following the largest coal ash spill in U.S. history.

Timeline: Five years after the TVA coal ash disaster, what do we have to show for it?

The EPA received more than 400,000 comments on the rule, and thousands attended public hearings to support stronger protections. But heavy lobbying by the coal and utility industries ultimately weakened the administration’s resolve.

Since then, the EPA hasn’t exactly been forthcoming about the status of the rule. In fact, had it not been for a lawsuit brought against the EPA by Earthjustice on behalf of Appalachian Voices and other environmental and public health groups last year, the timeline for a final rule might still be murky.

While unavoidable, Evans says the OMB review “introduces uncertainty at the end of a rulemaking process that must, by law, be based on science and transparency and governed by the requirements of the enabling statute.”

The evidence that coal ash poses significant risks to human health is abundant, and the need to do more could hardly be more urgent. The White House should listen to the thousands of citizens demanding strong protections against coal ash pollution.

Learn more about Appalachian Voices’ work to clean up coal ash.

Long-Awaited Coal Ash Bill Leaves Communities at Risk

Monday, October 13th, 2014 - posted by Barbara Musumarra

By Sarah Kellogg

This September, North Carolina’s first bill regulating the disposal of coal ash became law. Legislators praised the law as the strongest in the nation, but environmental groups and citizens living next to coal ash ponds say it is not strong enough.

North Carolina’s toxic coal ash, the by-product of burning coal for electricity, is stored in wet impoundments at 14 Duke Energy facilities across the state, all of which are leaking toxic heavy metals. After a faulty pipe at a Duke Energy coal ash impoundment spilled 39,000 tons of the waste into the Dan River earlier this year, state legislators responded to public concern by promising to draft the strongest coal ash regulations in the nation.

Citizen and environmental groups say the resulting legislation does not offer assurance of a timely, complete cleanup to 10 impacted communities. Instead, the law requires full cleanup of the four sites Duke Energy already agreed to remediate after public outcry earlier this year: Dan River, Sutton, Asheville, and Riverbend. The day the bill became law, Environment North Carolina and partner organizations delivered 40,000 petition signatures to N.C. Governor Pat McCrory’s office demanding the full cleanup of all 14 sites.

The bill leaves the fates of the remaining 10 sites in the hands of a special coal ash commission comprised of six appointees from the general assembly and three from the governor. Governor McCrory, who worked for Duke Energy for 28 years, stated that the commission is unconstitutional because the governor should be responsible for appointing the majority of a commission that executes legislative orders. Although he opposed the legislation, he did not veto it and allowed the bill to become law without his signature.

According to the bill, the commission will designate a rating of high, intermediate or low risk for each of the remaining 10 sites, and will also set timetables for the completion of cleanup, which Duke may appeal. The commission is also required to hold public hearings regarding cleanup plans at each site.

For coal ash sites deemed low-risk, the law allows “cap-in-place,” a storage method where water is drained from the coal ash pond and a cover is placed on top. Cap-in-place does not prevent groundwater contamination or the risk of dam failure.

The law also allows Duke Energy to request permission from the state to charge ratepayers for cleanup costs, though polls show that most North Carolinians think Duke’s shareholders should pay for all costs. Additionally, it weakens current laws protecting groundwater by allowing the state Department of Environment and Natural Resources to grant permits for illegal discharges of contaminated water from the coal ash ponds, rather than requiring Duke Energy to stop the source of the pollution.

Caroline Armijo helped deliver petitions opposing the bill to the governor’s office. She told reporters, “If coal ash is making us sick, then our leaders need to do something about it—now. We have a right to lead healthy lives.”

One Artist’s Experience with Coal Ash

Monday, October 13th, 2014 - posted by Barbara Musumarra

By Caroline Armijo

Editor’s Note: Caroline Armijo began an environmental justice art project after seeing many friends and family die from cancer in her North Carolina community, near one of the state’s largest coal ash impoundments. The Belews Creek coal ash ponds near her community are not among those designated for full cleanup by the recent state coal ash bill. In this excerpt from Armijo’s website, she describes the circumstances that shaped her paper sculpture creation, titled “Gray Matter.” Read the full post at carolinearmijo.com.

In my five years in Washington D.C., I have only known three people with cancer, and only one of those have died. In the last six months alone, I have known five people who have died from my hometown in Stokes County, North Carolina.

[In 2007 the EPA reported that] coal ash gives you a one in fifty chance of getting cancer. Unfortunately, the statistics seem to be much worse at home than estimated in the published reports. When I discussed this with a friend from home, she said that her prayer group included two people with cancer out of four.

Photo by Caroline Armijo

Rolls of collected grave rubbings bound by red stitching give structure to this hollowed-out book. The rubbings were created from the headstones of mixed-media artist Caroline Armijo’s friends and family members, whom she suspects were poisoned by coal ash. Photo by Caroline Armijo.

Maybe I feel so strongly about this after watching my dad’s twin sister, Cheryl, fight a courageous battle against non-Hodgkin’s lymphoma. She passed away in April 2006, after I moved to D.C. the previous year. I was six hours away from my family. It was one of the hardest things I have ever dealt with.

A couple of years later, her neighbor Jackie, from directly across the street, died of the exact same kind of cancer. They could see each other’s houses from their front windows. Cancer is not contagious. What are the chances of that happening?

I did what I do when I don’t know what else to do. I began working on an art project that ultimately became Gray Matter. I had partially excavated/destroyed the book, Your God Is Too Small, a couple of years ago; it was in two pieces and looked like a couple of capital D’s. I went to the studio, picked up the book, gathered my scalpel (a real surgeon’s knife) and blades, and headed home with all of these lost loved ones in my mind.

The Truth About Coal Ash

Monday, October 13th, 2014 - posted by molly

Click here for an enlarged version

VoiceCoalAshGraphic_OctNov2014

About gray matter: One artist’s experience with the health impacts of coal ash

Friday, September 5th, 2014 - posted by guestbloggers

{ Editor’s Note }Today’s guest to the Front Porch is artist Caroline Armijo, who has seen too many friends and family die from cancer she suspects was caused by a toxic coal ash pit in her North Carolina community. This originally appeared on Caroline’s website.

Caroline Armijo lives in Stokes County and is speaking out about the health threat of Duke Energy's massive coal ash pit in her community.

Caroline Armijo lives in Stokes County and is speaking out about the health threat of Duke Energy’s massive coal ash pit in her community.

“Gray Matter” is the first piece I created for a series I started in 2010. I began working on Gray Matter a couple of days before my friend was about to undergo her second brain surgery of the summer. I was worried. I promised her that I would pray for her. And I did. Day and night. It felt like an obsession. And my faith was faltering. A couple of weeks earlier, I had prayed all week for Hansel, my childhood neighbor, who never recovered from a biopsy on his brain tumor. A few days later, my aunt’s sister died of a rare form of leukemia within ten days of learning she had it. I was overwhelmed.

The next morning I woke to a story on the radio about the fish in the Potomac River. I thought, “It’s the water.” And a simple web search lead me to discovering the connection between coal ash and cancer. It also led me to Dennis Lemly, a professor at Wake Forest University, who has been studying the fish population for thirty years. He has written countless reports and pleas to the U.S. Environmental Protection Agency. Obviously, fish are an important look at how water impacts the human health system. But no one was making an obvious connection that, yes, in fact, the people in the community are sick. So I emailed and told him.

In my five years in Washington D.C., I have only known three people with cancer, and only one of those have died. In the last six months alone, I have known five people who have died from my hometown in Stokes County, North Carolina.
Coal ash gives you a one in fifty chance of getting cancer. Unfortunately, the statistics seem to be much worse at home than estimated in the published reports. When I discussed this with a friend from home, she said that her prayer group included two people with cancer out of four.

Maybe I feel so strongly about this after watching my dad’s twin sister, Cheryl, fight a courageous battle against non-Hodgkin’s lymphoma. She passed away in April 2006, after I moved to D.C. the previous year. I was six hours away from my family. It was one of the hardest things I have ever dealt with.

A couple of years later, her neighbor Jackie, from directly across the street, died of the exact same kind of cancer. They could see each other’s houses from their front windows. Cancer is not contagious. What are the chances of that happening?

"Gray Matter," by Caroline Armijo.

“Gray Matter,” by Caroline Armijo.

I did what I do when I don’t know what else to do. I began working on an art project that ultimately became Gray Matter. I had partially excavated/destroyed the book, Your God Is Too Small, a couple of years ago; it was in two pieces and looked like a couple of capital D’s. I went to the studio, picked up the book, gathered my scalpel (a real surgeon’s knife) and blades, and headed home with all of these lost loved ones in my mind.

On 10/10/10, while thousands of organizations around the world gathered to do something for the environment, I worked on my environmental justice art. Mom and I spent the entire day in Friendship and didn’t use the car – which is hard for Stokes County. I went to the graveyard and rubbed the gravestones of our church members who had passed away from cancer. I was not able to include Hansel, because his headstone was not up yet. But I did include his best friend, whom he loved to fish with, and died a few years earlier from a brain stem tumor. In all, I included seven members of Friendship, plus a rubbing of my friend Anita‘s grave.

And after I sewed together the two sides of the book, I needed something to give the book structure. Tucked between the pages of the original book are the rolls of collected grave rubbings.

Anita, more than any other person in the community, likely knew the full impact of cancer. She was the third generation to run her family funeral home. She was also a member of the aforementioned prayer group, which gathered weekly. As I look back of the dates, I have to think that her final prayer was answered. On June 21, the EPA decided to receive petitions regarding the unregulated coal ash. Anita passed away on June 22.

Should the federal government regulate coal ash? Or let industry continue to regulate it, which means do nothing? The strictest regulation would require coal ash to be cleaned up–put into lined ponds, instead of the current unlined ponds that have leaked in the local water systems — ensuring that a freak accident won’t result in a flood in Walnut Cove or Pine Hall, as predicted in this EPA report. That also means the coal ash can’t fly around through the air.

So I am optimistic that the thousands and thousands of prayers flowing from Stokes County, and throughout the rest of the country, over the years have finally been heard. Now we have an opportunity (maybe an obligation) to follow through with our requests. Please sign this petition in support of the full cleanup and closure of coal ash dumps in the Belews Creek community.

After last-minute compromise, N.C. legislature passes coal ash bill

Wednesday, August 20th, 2014 - posted by brian
Duke Energy's retired Dan River coal plant, where a massive coal ash spill in February spurred legislative action.

Duke Energy’s retired Dan River coal plant, where a massive coal ash spill in February spurred legislative action.

However dysfunctional, the North Carolina General Assembly always seems to come together in the end.

On Wednesday afternoon, the N.C. House voted 83 – 14 in favor of a compromise bill on what to do about the state’s coal ash problem. A few hours later, the Senate followed suit. The bill will now go to the governor.

Here’s what Appalachian Voices’ Amy Adams said about the bill:

“A far cry from the historic bill lawmakers have touted, this plan chooses just four communities out of 14 across the state to be cleaned up in this decade. The others, our lawmakers have decided, will have to wait for a commission of political appointees to decide their fate.”

We’ll skip the self-congratulatory cheerleading coming out of Raleigh and share more of the finer details in the days and weeks ahead. But suffice it to say, by overlooking the present threats that most of the coal ash sites in the state pose, the final bill comes nowhere close to fulfilling lawmakers’ promises to protect North Carolina’s communities in the wake of the Dan River spill.

Learn more about the bill here.

North Carolina Coal Ash Bill Pending

Sunday, August 10th, 2014 - posted by Amber Ellis

By Brian Sewell

On July 14, the N.C. Senate voted unanimously to reject the state House’s revised version of the Coal Ash Management Plan, which weakened the cleanup requirements in the Senate’s original bill. Now, a committee with members of both chambers must craft a compromise bill.

Sen. Tom Apodaca, who sponsored the Senate bill, said the House-approved bill contained multiple dealbreakers including a provision that could allow Duke Energy more time to close ponds if the utility claimed the timeline was not economically feasible.

While the negotiations have prevented the bill from reaching Gov. Pat McCrory’s desk and could lead to improvements, environmental groups see both versions and their many similarities as being too weak to fully address the state’s coal ash pollution problem.

Both the House and Senate bill would require Duke Energy to close four “high-risk” sites across North Carolina within five years. But deadlines for cleaning up the remaining 10 sites would extend until 2029 or beyond, and sites deemed “low-risk” could be capped in place without installing a liner to protect groundwater.

In June, the nonprofit organization Waterkeeper Alliance reported that well-water tests at five homes near Duke Energy’s Buck Steam Station in Rowan County revealed hexavalent chromium, a potent carcinogen. Still, an amendment to add the Buck plant to the list of “high-risk” sites narrowly failed in the House.

At press time, the committee had not yet negotiated a final bill.