Posts Tagged ‘Health’

Daile Boulis: One coalfield resident’s journey to action

Tuesday, July 12th, 2016 - posted by guestbloggers

{ Editor’s Note } The following is an abridged transcript of a testimonial given by Daile Boulis of Kanawha County, W.Va., about how she became involved in the fight against mountaintop removal coal mining. This speech was delivered at a grassroots policy training held by The Alliance for Appalachia at the Highlander Center on April 9, 2016. It was transcribed by Forrest Gray Yerman.

Daile Boulis

Daile Boulis

I moved to West Virginia about three years ago to help take care of my father-in-law. He has a home he’s lived in since 1963 in a hollow about 10 miles west of Charleston. When I looked on Google Maps to show my friends in Ohio where I live I saw lots of big scraped areas. I went next door to my neighbor and asked, “what is this?”

She said, “oh, that’s Rush Creek Mine, don’t worry about. It’s three miles away.”

But as Rush Creek Mine was working this way, we started hearing more and more booms, and occasionally the houses would shake.

Someone came in and did a pre-blast survey and they didn’t talk to us. We thought, okay, we complained about hearing these booms from this mine getting closer. So they must be doing this to cover their butts, in case we make a claim. What we didn’t know is they had filed for a permit for an extension to this mine.

One day in May I was on Facebook, and I saw that the Charleston Gazette had posted a map of this permit that had just been approved. I’m looking at this map going, “I think that’s my house.” This mine was 2,000 feet from my house and our house is the monitoring well. I’m learning all kinds of stuff here, and I was shocked!

There was an organization posting on Facebook about this article saying, “You need to come help us fight this mine.”

I immediately texted someone from the organization and asked, “where do I have to be and what do I have to do?” And that started my journey. That was the Kanawha Forest Coalition.

This mine, I mean, it’s like they slid it under. And none of us knew anything about it. I don’t check classifieds. Do you? I had no idea that’s the only place they announce them. When they did the public comment period, they did it in a community 30 miles away from us. So we weren’t involved at all. We were told that our property value dropped 50 percent the day the permit was signed.

I’m a social media girl, so I’m out there going, “This isn’t right. How can they do this?” And I’m getting hate mail back saying, “If you don’t like it, you can leave.”

No I can’t, because I can’t sell my house now for anything near enough to move somewhere else. And my father-in-law has been here since 1963. Should he have to move too?

I started going to the Kanawha Forest Coalition meetings and I was mad. I couldn’t understand why my neighbors weren’t mad. My neighbors were kind of mad, but they figured I’m so naive and you can’t fight coal.

The state Department of Environmental Protection office is in Kanawha City. Well I can get to Kanawha City. So my wife and I went down to the DEP office thinking that they were going to stand with us. That that’s what they’re for.

So I walked in and said that I wanted to talk to somebody about this. But they told me, “well that’s not how it’s done.” Then I said that I would not leave until somebody talked to me. So we sat down and waited for somebody to come talk to us.

Eventually, a woman came down and gave us all these forms that we could take home and fill out saying we were against this mine. I said, “This is ridiculous, who can I talk to?” Someone else came out and said, “We’re going to set you up with a meeting. You’re neighbors can come in. We’ll set you up with an informational meeting.”

I can only get two of my neighbors to go to the meeting with me. So it’s my wife and me, and two of our neighbors. And there were twenty-four DEP people. At least half of them have this I’m-supposed-to-be-home-now look on their faces.

We said to them, “Look, this mine is right next door — literally. The only thing that separates it from us is a little road to Kanawha State Forest. There are trailheads that come down from there, and they’re going to be in the radius of fly rock.”

Well, I was told fly rock doesn’t exist, that absolutely nothing is allowed to leave the permit boundary.

I said, “Everyone’s told us we’re going to lose our wells.”

They said, “well, this is an awesome opportunity to get on city water,” at our expense, of course.

I looked at the guy — and mind you this is in May 2014, the water crisis happened in January of the same year — and I asked, “have you forgotten January that fast? Where do you think people went to get water and to take showers and to maybe wash a load of clothes? They came to my house, and the other houses in the holler.” I told them that we already have good water. Why is it okay, why is it just understood that I’m going to lose my water?

But I started this journey, and I saw people at Kanawha Forest Coalition meetings that showed me they were going to do something, that we could fight this. Everybody knows someone who works in the coal industry. I respect that. I understand that. But policies that say that our lives are the cost of doing business, that we’re an acceptable loss, are not OK. What does it take to get you fired up? I get it. You’re downtrodden. You’re tired and exhausted. But somebody has to scream, and stomp their feet, and go do whatever it takes to get their attention.

And this group in particular, the Alliance for Appalachia, has become family for me, and this family, I could contact any one of them and say, “Help me get mad!” Because mad is better than sad, and I’ll leave you with that.

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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.

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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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Making sense of crisis: The West Virginia floods

Wednesday, July 6th, 2016 - posted by guestbloggers

Editor’s note: In this guest post, West Virginia resident and former coordinator of The Alliance for Appalachia Katey Lauer shares her perspective on the aftermath of the floods that devastated several West Virginia counties late last month, and the humanity she has witnessed as communities come together and begin to rebuild. To learn where you can volunteer or donate money and supplies, visit the West Virginia Citizen Action Group’s WV Flood Resources page.

Photos courtesy of Nate May.

Photos courtesy of Nate May.

“… My heart is moved by all I cannot save:
So much has been destroyed.
I have to cast my lot with those who, age after age, perversely, with no extraordinary power, reconstitute the world.”

— Adrienne Rich

This might be an article where I tell you how devastating the flood has been. Where I tell you that the flood waters are not water at all. That they are sewage and mud and oil. That they are bits of plastic and metal. I might tell you that it’s four days into flood relief and I can’t get the smell out of my nose or off my skin.

And I might explain how I can’t shake the worst of the stories: how I sat with a grandmother who told me how she climbed to the top of a kitchen stool late Thursday night while the debris rose higher and higher around her ankles then knees then waist.

How I heard about a woman alone in her home in a wheelchair, waters rising up to her neck while her dogs piled onto her lap — all of them screaming. How her family heard her from outside but couldn’t get in.

I might tell you about the kind young man in the town where 17 people died. How he pointed out the mountain where he fled with his mother just after showing me the water line on the carport outside, well above our heads.

But the floods aren’t just about that.

Because this might also be an article about strength through hardship. About that phrase I see on fast food boards and church bulletins: “West Virginia Strong.” And I could tell you how my guess is that that sign is about the families on 5th Street in Rainelle, about the cheerleaders serving up soup beans and cornbread in the Kroger parking lot to anyone who’s hungry, about the volunteers sorting a pile of clothing 20 feet high in an Elkview gym, about the women running the volunteer check point in Clendenin. I could tell you about everyday heroes, but the floods aren’t just about that either.

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Because this article could be about issues: About our failing infrastructure. About climate change. About poverty. About how working-class, rural America is so unseen by the rest of our nation. I could say that.

But then there’s also the way that strangers come together in these moments of crisis. How I hauled heavy, putrid carpet with a dear old friend and a man I’d never met. How I piled water-logged drywall on a pile of building refuse with a man from Florida. How a woman stopped us on the street to give us a warm meal — a woman whose name I didn’t know and who I’d never see again.

Then I could tell you about the ugly parts, about people fighting in sadness in the streets. About that wits-end sort of withdrawal on the face of an older woman. I could say how I wonder where these tons of waste will be shipped and guess that it’s other poor communities that will deal with this new burden. I could tell you about the national guardsman, eyeing me for too long in a shirt tight with the damp.

But the thing that feels closest to the truth is that there is not one story here. In times of crisis, we can look for saviors and goodwill, we look for peeks at what’s best in the human spirit. We can look for a way to make sense of it — to give it a purpose. We can look for the revelation. If you have been touched by this crisis, my guess is you might well have found some of that. But you have likely also found more. I know I have. If these floods have taught me anything, it’s that crisis is not tidy. It is more threads than fabric.

What I mean is that crisis does not make us super-human; it makes us more human. The floods that have washed away homes and possessions and loved ones have also washed away pretense. And at the end of the day, here we are, neighbors and strangers, ankle deep in receding waters, doing our best — in our beauty and our faults — to reconstitute the world.

Visit the West Virginia Citizen Action Group’s Flood Resources page to donate and find other ways to support relief efforts.

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West Virginia files Clean Water Act suit against Kanawha County mine

Wednesday, June 29th, 2016 - posted by willie
Acid mine drainage collects at the KD #2 mine site shortly after the state halted work at the mine. Photo courtesy the Kanawha Forest Coalition

Acid mine drainage collects at the KD #2 mine site shortly after the state halted work at the mine. Photo courtesy the Kanawha Forest Coalition

The West Virginia Department of Environmental Protection has brought a lawsuit against Florida-based Keystone Industries over a series of Clean Water Act violations at the controversial KD #2 surface mine.

The 413-acre mountaintop removal mine in southern Kanawha County, W.Va., has been met with much opposition by local residents and others concerned about the mine’s impacts on nearby communities and on Kanawha State Forest, which borders the mine.

The suit, filed on March 9 in the Kanawha County Circuit Court, alleges that runoff from the KD #2 mine contains measurements of aluminum, iron, manganese, selenium, total suspended solids and pH that are in violation of the National Pollution Discharge Elimination System permit granted to Keystone Industries under the Clean Water Act. The primary evidence supporting this claim is the company’s own quarterly discharge monitoring reports submitted to the DEP.

The Kanawha Forest Coalition, a grassroots environmental watchdog group comprised of local community members, has conducted water monitoring at the site since shortly after the mine began operating in 2014. Through these efforts, the coalition has identified numerous and persistent regulatory violations, prompting the DEP to issue 40 enforcement actions against the KD #2 mine to date.

“It was shocking to realize that it was through citizen complaints, and not DEP monitoring, that our land was being protected,” said Becky Park, a Kanawha Forest Coalition member from Charleston. “What it boils down to is we are the government. We can’t assume that DEP employees are monitoring permitted mining operations. We have to read the permits, understand the agreements made with mining companies, be willing to use the systems in place to submit complaints, and go to court when the systems fail to stop violators.”

Daile Boulis, who lives in the community of Loudendale immediately adjacent to the KD #2 mine feels similarly.

“From what I understand, this is one of best written permits in the state, and still, there are forty violations in two years? Imagine what the company would be getting away with, without the citizen enforcement and public media exposure? The same thing goes for the DEP,” said Boulis. “The only reason 75-80% of the violations have been enforced and fined is due to pressure from the Kanawha Forest Coalition. When you consider all of the other mines in West Virginia that don’t have a group like Kanawha Forest Coalition working on behalf of the impacted citizens, that’s terrifying! Our lives should not be the cost of doing business in West Virginia.”

By initiating its own suit against Keystone Industries, the DEP has prevented the Kanawha Forest Coalition or other grassroots organizations from filing suit on similar grounds. However, the organization may choose to file as an intervenor in the case, a move that would earn them a seat at the table — but not veto power — in potential future settlement negotiations with Keystone.

Doug Wood, a retired DEP official with 33 years of experience in water resources, is skeptical of his former agency’s motives in bringing this case against Keystone.

“This lawsuit seems to be an attempt to stop advocates from filing their own suits, and an attempt to get a little money to start water pollution treatment when Keystone says, ‘keep the bond, we’re outta here,’” said Wood. “… The DEP seems to be most interested in getting a court settlement so they can say, ‘we solved that problem’ even though the systemic problems that led to this disaster remain unsolved.”

The DEP’s suit against Keystone is expected to go to trial in spring 2017. Meanwhile, the Kanawha Forest Coalition continues to monitor conditions at the mine, regularly testing impacted streams and alerting the DEP of persistent problems.

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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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Speaking up for energy savings

Tuesday, June 21st, 2016 - posted by guestbloggers

Editor’s note: This post by Michael Goldberg originally appeared on the website of We Own It, a national network to help electric cooperative members rediscover their role as owners of a democratically-controlled enterprise. The piece focused on the efforts of Appalachian Voices’ Energy Savings for the High Country campaign.

How members of Blue Ridge Electric got their co-op’s attention, and action, on energy efficiency.

Mary Ruble speaks at an Appalachian Voices event to present more than 1,000 signatures from Blue Ridge Electric members supporting access to "on-bill" financing.

Mary Ruble speaks at an Appalachian Voices event to present more than 1,000 signatures from Blue Ridge Electric members supporting access to “on-bill” financing.

“Oh, I don’t think we can do that.”

Mary Ruble says that was the initial response from her electric co-op — Blue Ridge Electric in western North Carolina — to the idea of an “on-bill financing” program to help more members afford home improvements that reduce electricity use and lower bills.

A year later now, Blue Ridge has launched just such a program, called the Energy SAVER loan program. As an on-bill financing program, it aims to better serve co-op members who don’t have the up-front money for weatherization and other efficiency upgrades for their homes, especially those who may not be able to get a traditional bank loan. Members who qualify for the program get a loan for upgrades such as better insulation, air and duct sealing, and improved HVAC systems – with no upfront costs – and then repay over time through a charge on their utility bill. The goal is that the electricity savings generated through the improvements will be greater than the annual repayment, so that there’s a net savings for members.

So how was Blue Ridge convinced?

“Blue Ridge kept telling us they needed to hear from the members,” explains Ruble, a retired librarian and Blue Ridge Electric co-op member in Boone, North Carolina. “So we got over 1,000 signatures from co-op members on a petition. We got publicity. We went to board meetings. We made sure they heard from members.”

A lot of effort, but rewarding

Ruble is careful to explain that convincing the executives at her co-op took a lot of work. Members of other electric co-ops may find that the challenges she describes sound familiar: “In the old days our electric co-op used to have big meetings with festivities and music, and food and door prizes,” Ruble says. “Now voting is by proxy. The board meetings are in the middle of the week in the middle of the day, so they’re hard for people to attend. You get three minutes to speak. It can feel intimidating. It can feel like they don’t really want people there.”

Another challenge is that many people don’t think much about electricity. Ruble says that showing the cost of wasted electricity gets people’s attention. “You have to pull people in based on their interests,” Ruble says. “We had a graphic of a house with very few words, just showing the loss of energy – dollars flowing out the window. That gets people’s attention. I went to that first workshop myself to see how I could save.”

In addition to workshops, staff and volunteers with Appalachian Voices talked with co-op members and gathered over 1,000 signatures from members in support of an energy efficiency loan program with on-bill financing. Appalachian Voices also organized a “Home Energy Makeover Contest,” which awarded free home energy upgrades to several residents, as well as public events to raise awareness.

The Blue Ridge program is similar to a no-debt investment program called Upgrade to $ave offered by another NC cooperative, Roanoke Electric Cooperative, which provides on-bill financing through an opt-in tariff rather than a loan. While both of these approaches are opening the doors of opportunity for members, the tariffed terms allow renters to also benefit from a utility’s cost effective investments in energy upgrades. For more information on no-debt energy efficiency, see “How Electric Co-ops Can Save Money for their Members.”

Ruble says that at first she wasn’t sure how she could best help on the effort, but realized that as a retiree she had time to spare to help with tabling at grocery stores and local fairs, and had local connections and contacts she could call on. “It’s inspiring to be involved,” she reflects. “We didn’t get everything we wanted, like extending the program to renters, which is really needed but Blue Ridge hasn’t done so far. But it’s a start. We made progress, and we can make more going forward. An electric co-op is still member-owned,” Ruble adds. “You just have to be tenacious, and stay nice.”

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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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Announcing the Energy Savings for Appalachia webinar series

Tuesday, May 24th, 2016 - posted by Amber Moodie-Dyer

Three-part series highlights on-bill financing as a unique opportunity for our region

If you happened to miss our first energy efficiency on-bill financing webinar on May 11, don’t despair. You can watch a recording of the webinar, which is the first in a series describing the benefits of on-bill financing entitled “Leveraging Energy Savings: On-bill Financing as an Economic Opportunity in the Southeast.”

At this point you may be wondering, what is on-bill financing and why might I want to watch a webinar about it? Do you care about saving money on your electric bills, minimizing energy waste, helping the environment and your local economy? Energy efficiency on-bill financing can address all of these concerns. With on-bill financing, people can make energy efficiency improvements to their home without having to foot the bill upfront. Instead, residents pay for the improvements over time through a monthly charge on their electric bill. With a well-designed program, many residents will have lower bills even while paying back the project cost because of the energy savings they’re achieving.

Curious? Watch the webinar below to learn more!

You can watch the one-hour webinar, or simply review the slides here. In the video above you’ll hear Appalachian Voices Energy Policy Director Rory McIlmoil discuss the effects of energy waste in the Southeast and Appalachian region, how energy efficiency programs can benefit communities by saving people money and creating jobs, the best practice Pay-As-You-Save® model of on-bill financing for weatherization improvements, sources of capital for on-bill financing programs, case studies of successful on-bill finance programs and ways you can engage in our campaign.

Keep a look out for an announcement about the second webinar in the series next month that will delve into what we’re learning about on-bill financing from a number of electric cooperatives throughout the country who offer this program (including some in our own region and state). Visit the Energy Savings for Appalachia homepage to learn more about campaign, and while you’re there, be sure to go to our Energy Savings Action Center to submit a letter to your utility provider a letter asking them to offer on-bill financing.

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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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Drinking water problems still plague eastern Kentucky

Friday, May 6th, 2016 - posted by tarence

Basic needs must be met to ensure successful economic transition

A creek in Martin County, Ky., ran bright yellow in April. The state claimed that yellow highway-marking paint was to blame. Photo via Facebook

A creek in Martin County, Ky., ran bright yellow in April. The state claimed that yellow highway-marking paint was to blame. Photo via Facebook.

When Rockhouse Creek in Martin County, Ky., ran bright yellow last month, Tomahawk resident Gina Patrick said she had one major concern: that the pollution might ruin her water well.

Patrick has relied on well water her whole life and didn’t want to pay to be hooked up to the municipal water system. That’s because the Martin County Water District is one of the worst water infrastructure systems in the state in terms of water quality and water loss.

Patrick lives on Rockhouse Creek. She said that as she watched the bright yellow plume move down the creek, she took a sample of the water and put it in a paint bucket under her porch. Two curious newborn puppies on her property found the paint bucket and drank its contents. They became violently ill and died later that day.

At the end of April, the Kentucky Energy and Environment Cabinet released a report detailing the state’s investigation into the spill, but there was no mention of Patrick’s dead dogs. Although many local residents thought the pollution might have been related to fracking — an oily sheen was noticed on the surface of the water — the state claimed that yellow highway-marking paint was to blame. According to Lanny Brannock, a spokesman for the Energy and Environment Cabinet, regulators do not know if someone intentionally put paint in the creek or if it was an accident.

But many Martin County residents still have questions, and that’s not uncommon in a county that has seen its fair share of coal slurry spills and municipal water problems. The Mountain Citizen, located in the county seat of Inez, has doggedly reported water quality and environmental issues for decades. In fact, the newspaper’s diligence, combined with the hard work of local organizers, prompted the Kentucky Public Service Commission to investigate the county’s water system, which has a water loss rate of more than 60 percent and often delivers smelly, foul water.


In the aftermath of Flint, Mich., this video from Martin County caught the attention of consumer advocate and environmental activist Erin Brockovich, who posted it to her Facebook page.

When I spoke with Inez resident Josie Delong back in February, she was very clear about the long-term burdens that come with having bad water:

The biggest [burden] is definitely health issues. But also the fact that most of us are on a fixed income here. Everybody’s losing their jobs in the mines, losing their jobs here or there, and can’t afford these high water bills, and we can’t even use the water. We’re paying these bills and yet still having to go to the store and get water, and we don’t know what it’s doing to us. And that’s the big fear. We have no idea.

In 2015, the Martin County Water District accrued multiple non-compliance violations for known carcinogens such as trihalomethanes and haloacetic acids. In the offices of the Mountain Citizen, editor Gary Ball points to the back of his latest water bill, which includes a notice for anyone with an immunodeficiency disorder: do not drink the water. “In other words, if you’re as healthy as a horse, drink away,” Ball says. “But sooner or later it’s going to get to you.”

Ball and the Mountain Citizen have also extensively documented the unequal way in which water is distributed in the county, and how many customers are often not informed of boil water advisories or shut-offs in the system. According to Gary and Lisa Smith Stayton, owner and publisher of the Mountain Citizen, the excessive water loss rate often impacts the poorer or more remote areas of the county first. As water is diverted to more populated and wealthy areas in the county, some customers are forced to go without.


Sometimes there’s no water at all. As Ms. McCoy explains in this Facebook post, not having water creates all kinds of social and financial hardships on her day-to-day schedule.

Officials in the county have adamantly denied the extent of the problems, and often portray concerned citizens as alarmists and idealists. The Martin County Judge Executive, Kelly Callaham, has publicly stated that the 60 percent water loss rate in the system is due to people stealing water from fire hydrants and industrial coal mine sites. (I reached out to Mr. Callaham and the Martin County Water District; neither returned my requests for a comment).

“Our officials downplay every single issue, and go to great extents to discredit those who speak up,” says Lisa Smith Stayton. She described a recent fiscal court hearing that turned into an attempt to publicly discredit a Mountain Citizen report about disinfection byproducts in the water. Lisa was incredulous. “One magistrate even said ‘you’re more likely to get cancer from eating a hot dog.’”

In late March, due to pressure from citizens like Delong, Ball and Stayton, state Senator Ray Jones convened a meeting at his office in Frankfort to discuss issues with the water system. Watching footage of the meeting is frustrating; a great deal of time is wasted on discussing surreal and overstated accusations of “water theft.” At several points in the conversation, some variation of this statement is heard: “Martin County is not the only county where these problems occur.”

This is a familiar tactic deployed by the powerful: make the victims appear as if their demands are inherently selfish because, after all, it’s happening to everyone. If you can portray the powerless as hyperbolic and alarmist, you eventually start to convince them that their demands are crazy. This is known as “gaslighting,” and it’s a depressingly effective way to evade accountability.

But residents like Delong aren’t deterred. As she told me:

The more people who talk about it and share their concerns, the better. Because, I’ll be honest, I sat back for a long time and said, “Well why should I say anything about it? I’m just one person. That’s not gonna change anything.” And then the very second I did mention it on social media, and posted a picture, I saw a huge response. And that gave me confidence. Maybe we can change this.

Motivated by health problems that she believes to be caused by the water, as well as mounting medical bills, Delong started a public Facebook forum. She began polling her friends to see if they suffered from similar afflictions and medical costs. The results are astounding in their detail and specificity; many respondents reported skin irritations, stomach issues and autoimmune disorders.

It’s obvious from reading the comments on Delong’s poll, as well as the many comments on the Martin County Water Warriors’ Facebook page, that the public health costs of living in coalfield counties are increasingly burdensome. My own experience bears that out; I live in Letcher County, Ky., about an hour and a half south of Martin County. I spend upwards of $50 each month on bottled water, and most of my friends and neighbors do the same. With coal severance funds declining, we’re also forced to pay more for basic services like trash and recycle collections. The Letcher County Recreation Center, built with coal severance funds, is constantly at risk of closing.

In fact, Gina Patrick’s anxiety about having to switch from well water to potentially-dangerous municipal water is not uncommon. Whether it comes from a well or a municipal system, the drinking water of many eastern Kentuckians is at risk of being polluted. When a dangerous acid mine drainage spill occurred five miles upstream of the Letcher County water intake in March, we were reminded of the many times our water system was poisoned by diesel fuel from local oil magnate Don Childers. It doesn’t help knowing that the state actively works to sweep those violations under the rug, or that it neglects to include important factors like dead dogs in its investigation of a bright yellow creeks.

Delong articulates the full scope of this problem and the struggle to stay:

It just feels like we’re going downhill so fast. I’ve had a lot of friends move out of the county. And it’s sad. I grew up here. And everyone’s just leaving. And it’s becoming a ghost town. And I don’t want to leave. I mean, I could, I’m sure. But who’s going to want to buy a home in this county? How could you sell your home? When someone away from here looks up Martin County, they automatically see repeats of all these troubles and problems and people moving away and no jobs and no opportunities. It’s gonna be impossible to sell your home right now. And I don’t want to leave. I want to do what I can — I’m just one person but I want to do what I can to try and make things better for us, instead of just watching it go downhill.

Officials say that they want people to stay. Some even say that they want economic transition. But what are they doing to help us save money where it matters — on very basic needs like food, water and healthcare? The solutions to these needs amount to the most basic and essential forms of economic development: safe drinking water, functioning local services, affordable healthcare and access to adequately funded social programs. They are simple solutions to very real problems that would save people money and help them stay in the region that they love.

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