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Of Monsters and Zombies: NC Legislature Turning into Bad Horror Flick

Monday, May 6th, 2013 - posted by Davis Wax
NC Legislative Building.

Scary things are going on in the NC Legislative Building in Raleigh. Photo by Yassie

Among the scary legislation developing in the North Carolina assembly, there are two bills — one a monster of bad environmental reform and the other back from the dead in order to snuff out the state’s renewable energy — which stand out from the creepy pack. These bills are not exactly the slow and shambling kind of creatures from old 50s horror movies, though, and are moving quickly through the state legislature.

The first, the newly-drafted Senate Bill 612, or Regulatory Reform Act, could have many wide-sweeping and detrimental consequences for environmental regulations in North Carolina. The legislation, which passed through the state Senate last Thursday, would limit how local governments can produce and control regulations to protect the environment. Among other measures to weaken environmental protections, the bill would:

  • Loosen requirements for cleaning up groundwater pollution
  • Loosen requirements for burying demolition debris
  • Force state environmental rules to be equal to or less strong than federal standards
  • Loosen regulations in place to help wetlands
  • Create a fast-track system for erosion-control permits

The first point, fewer requirements for cleaning up pollution in groundwater, is hugely concerning. This provision would increase compliance boundaries to a facility’s property line, allowing coal-fired power plants and other industrial facilities to pollute groundwater farther away from their sites.

Second on the list, demolition debris can contain anything from lead paint to asbestos to PCBs, all of which are more likely to pollute water sources if not adequately buried. The provision does not clarify how coal ash waste applies to “demolition debris” and thus the bill could help power plants avoid certain aspects of the permitting process for coal ash ponds.

Another worrisome aspect of the bill is that it would require state environmental agencies and commissions to identify and repeal any existing rules that are stricter than similar federal rules and likewise would not allow local governments to produce rules stronger than state or federal rules. (more…)

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Rushed Anti-Renewable Energy Bill Stalls in Committee

Wednesday, April 24th, 2013 - posted by Davis Wax

Shine On: Clean energy in North Carolina will continue to create jobs and yield benefits after a bill to repeal the state's renewable standard failed in committee today. Image licensed under Creative Commons.

A bill in the N.C. House that would repeal the state’s Renewable Energy Portfolio Standard (REPS) failed today in the House Committee on Public Utilities and Energy by a vote of 18-13.

According to the N.C. Sustainable Energy Association talk of insufficient votes in the Environment Committee prompted Rep. Mike Hager to withdraw the “Affordable and Reliable Electricity Act” from the committee’s scheduled hearing in order to attempt to push it through the Public Utilities Committee, which he chairs.

“If the only way a business can move forward is with a subsidy, then maybe we need to rethink the business,” said Hager, a former Duke Energy employee and the bill’s primary sponsor. Fellow lawmakers responded by saying that Duke Energy has an effective subsidy through its huge monopoly on electricity distribution in the state and that subsidies have been used to help up-and-coming industries for decades.

Even after Hager agreed to keep the 12.5 percent commitment to renewable energy from retail sales of state utilities in the bill in order to make it more appealing, a bipartisan majority including several key Republicans in the Utilities Committee still killed the legislation. In the most recent version Hager pushed through, the bill would still allow companies like Duke Energy to let their renewable energy contracts run out without expecting them to pursue any further commitments to wind, solar, biomass, or other industries.
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Coal Ash Floods Congress and the Courts

Tuesday, April 23rd, 2013 - posted by brian
e. The trend is likely to continue until EPA announces clear rules to regulate the to

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

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

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

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

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

“There are thousands of such structures in the United States at this time,” Spadaro said, “and the failure of one or more of these dams is assured unless strict engineering standards are imposed.” The Southeast is home to 40 percent of the nation’s coal ash impoundments, and according to the EPA, contains 21 of the nation’s 45 high hazard dams.
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First Annual Climate Convergence in Raleigh, NC

Tuesday, April 23rd, 2013 - posted by sandra

Citizens converged in Raleigh yesterday to demand that political leadership begin to address the challenge of climate change. North Carolina House Rep. Pricey Harrison reminds the crowd that the state legislature belongs to the people. She recently re-introduced the Appalachian Mountains Preservation Act that would a) ban the burning of mountaintop-removal coal in the state, b) put into place comprehensive rules for the storage and disposal of coal ash waste, c) place a moratorium on the construction of new coal plants, and d) divest state pension funds from fossil fuels.

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Renewable Energy Standard Targeted by N.C. Legislature

Friday, April 19th, 2013 - posted by Davis Wax
North Carolina number five in solar.

North Carolina is number five in solar, but that huge success is under attack in Raleigh. Photo by SEIA.

Despite job creation directly linked to North Carolina’s burgeoning clean energy industry, the state’s modest renewable energy standard continues to be targeted by lawmakers.

The “Affordable and Reliable Energy Act,” which narrowly passed the House Commerce Committee, would warp the state renewable energy portfolio standard into a shadow of the law created with bipartisan support and the backing of the state’s largest electric utilities in 2007.

According to a study by RTI International and La Capra Associates, the state’s renewable standard has led to a net gain of over 20,000 clean energy jobs even while more than 100,000 jobs were lost in the N.C. economy during the same five years. The state’s clean energy investment has created a net revenue of $113 million since 2007, while the total economic benefit of clean energy over the past five years was $1.7 billion.

Investors are listening up and jumping on board, too, as clean energy investment has grown 13-fold over the past five years in North Carolina, resulting in an estimated 8.2 million megawatts being saved through renewable energy and energy efficiency projects. Additionally, it is estimated that state government energy efficiency programs have saved $427 million in taxpayer money.

Solar energy has soared in North Carolina due to the REPS. The state is fifth in the nation in solar installed and is projected to reach number four by this year, according to the Solar Energy Industries Association. Out of the 30 utility-scale solar projects in the Southeast in 2012, 21 were in North Carolina.

Those benefits could be cut short if the tunnel vision that has taken over North Carolina politics prevails.
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Tuesday, April 16th, 2013 - posted by Jil

The 113th session of the U.S. Senate began on Jan. 3, with the Democratic party gaining two seats as a result of the November election — only slightly increasing its majority control to 53. We take a look at the 10 central and southern Appalachian senators: Who represents us?

VIRGINIA

Tim Kaine

While serving as Virginia’s governor from 2006 through 2010, Kaine reached an ambitious goal to preserve more than 400,000 acres of open space and fund more than $1 billion in wastewater treatment projects to improve the health of the Chesapeake Bay. Although Kaine was supportive of a new coal-fired power plant in Virginia, he also led a charge to implement voluntary greenhouse gas reporting. The effort did not pass the legislature but is indicative of his long-standing support for cap and trade policies to address climate change. Following Sen. Jim Webb’s retirement prior to the last election cycle, Kaine secured a seat in the U.S. Senate in 2012.

Mark Warner

The senior senator from Virginia served as governor from 2002 through 2006 and was elected to the Senate in 2009. Typically possessing a strong environmental record including support of land conservation bills, the Democrat falters on issues of clean energy production and limiting pollution from fossil fuel power plants. Last year he voted for a measure to void the Mercury and Air Toxics Standards for power plants and against a bill that extended incentives for the development of wind energy. He also recently signed on to a letter urging the Obama administration to approve the Keystone XL pipeline.

WEST VIRGINIA

Joe Manchin

As governor of West Virginia, Joe Manchin sued the EPA for allegedly overstepping its authority regarding mountaintop removal permitting guidelines, an issue the courts are still debating. In 2010, the conservative Democrat won a special election to fill the seat of the late Sen. Robert Byrd, and in 2013, he became the Chair of the Energy Subcommittee on Public Lands, Forests, and Mining. His first bill in the Senate was yet another attempt to repeal the EPA’s veto power over mining permits. During the 112th Congress, Manchin received more contributions from the coal industry than anyone in the Senate, raking in $418,900, nearly three times the amount of the next highest recipient.

Jay Rockefeller

West Virginia’s senior senator is a moderate Democrat with a mixed record on environmental issues. In a 1970 gubernatorial race, Rockefeller proclaimed that the “strip mining of coal must be prohibited by law, completely and forever,” but his landslide loss prompted him to change positions. He reversed his stand so strongly that as a senator in 1999 he voted to exempt mountaintop removal from the Clean Water Act and environmental mining regulations. Recently, however, Rockefeller has criticized the industry’s “war on coal” rhetoric and called for diversification of his state’s economy. As he will not seek reelection in 2014, Rockefeller has a year and a half to close the gaps in his otherwise strong environmental legacy.

KENTUCKY

Mitch McConnell

The Senate Minority Leader has voted with fossil fuels at nearly every opportunity since joining the Senate in 1985. In 1999, he co-sponsored a bill to exempt mountaintop removal coal mining from the Clean Water Act. He and fellow Kentucky Sen. Rand Paul introduced the Mining Jobs Protection Act, a 2011 bill that would chip away at the EPA’s ability to veto coal mining permits. McConnell has received more total campaign money from the coal industry than any other member of Congress — more than $700,000 as of the 112th session. At the end of 2012, polls ranked McConnell as the least popular senator in Congress.

Rand Paul

The son of former presidential candidate Ron Paul, the junior Republican senator is a libertarian Tea Party member and a self-proclaimed “great friend to coal.” Paul advocates for an energy policy governed by the free market, and frequently claims there is a “war on coal” that enforces onerous environmental standards and stifles industry. A supporter of mountaintop removal coal mining, Paul once said, “I don’t think anybody’s going to be missing a hill or two here and there.” Last year, he introduced the misnamed Defense of Environment and Property Act, which would severely reduce protections under the Clean Water Act by narrowing the definition of “navigable waters.”

NORTH CAROLINA

Richard Burr

Originally elected to the Senate in 2005, this staunch Republican drew condemnation from environmental advocates and conservationists in 2011 when he introduced a bill to eliminate the U.S. Environmental Protection Agency by folding it into the Department of Energy. As a member of the Subcommittee on Energy, Natural Resources and Infrastructure, he has routinely voted to reduce regulation on the fossil fuel industry. Although Burr voted against the expansion of wilderness areas during the 111th Congress, he is a co-sponsor of the Land and Water Conservation Authorization and Funding Act of 2013, which would make permanent appropriations for conservation initiatives on existing federal lands.

Kay Hagan

A junior Democratic senator who joined the U.S. Senate in 2008, Hagan is an advocate for small businesses and military families, and serves on the senate committees that represent both interests. She has consistently voted in favor of funding for renewable technologies and energy efficiency. Hagan introduced the Community Parks Revitalization Act of 2012 and is a co-sponsor of a bill to restore funding to the Land and Water Conservation Fund. Shortly after the 2012 elections, Hagan joined other senators urging President Obama to approve the Keystone XL tar sands pipeline.

TENNESSEE

Lamar Alexander

A former governor, U.S. Secretary of Education, and presidential candidate, Sen. Alexander was first elected to the legislature in 2002. The veteran senator has served on the Committee on Environment and Public Works, was the ranking member of the Appropriations Committee’s Subcommittee on Energy and Water Development, and this year joined the Energy and Natural Resources Committee. Alexander has been criticized by the coal industry for his support of stricter controls on mercury and his opposition to mountaintop removal. In the 111th Congress, Sen. Alexander introduced the bipartisan Appalachia Restoration Act, a bill to prohibit valley fills from mountaintop removal operations, and held hearings on the issue. He strongly supports nuclear energy and is a fierce opponent of the development of wind energy.

Bob Corker

Tennessee’s junior Republican senator was first elected in 2006 after serving as the mayor of Chattanooga. Sen. Corker often speaks about energy in terms of security and favors a broad approach including wind, solar, nuclear, enhanced oil and gas production, and investment in research and development. In 2007, he supported an amendment increasing fuel efficiency and he supports biofuel alternatives to foreign oil. Sen. Corker opposes a federal Renewable Electricity Standard that doesn’t include nuclear or hydroelectric power, but supports tax incentives for renewable energy and energy efficiency.

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A Return to the States

Tuesday, April 16th, 2013 - posted by Jil

By Appalachian Voices staff

State legislatures in Appalachia are using their authority on health care reform, taxes, education, and energy and environmental policy to accomplish their own agendas, and sometimes, to rebuke federal policies. Here is the latest from our region’s representation.

Virginia

As he prepares to leave office this fall, Gov. Bob McDonnell will have to justify a number of recent decisions, including a $64 annual tax on owners of hybrid vehicles that was added to a transportation funding plan. The governor’s long-time promise to establish Virginia as a “Green Jobs Zone” by incentivizing companies to create green jobs has not been met. He, along with Republican gubernatorial candidate Ken Cuccinelli and the state legislature, did little to improve Virginia’s voluntary renewable portfolio standard, which so far has benefited electric utilities more than Virginians, or to stimulate the clean energy sector.

In February, at the behest of Alpha Natural Resources, the Commonwealth Transportation Board approved a four-lane divided highway that will use mountaintop removal coal mining to flatten steep ridges in southwest Virginia along a route proposed by the coal company. The proposed route is under review by the Federal Highway Administration.

West Virginia

With the decline of domestic demand and coal production in central Appalachia, the West Virginia General Assembly has stepped up its attempts to prop up the industry. Controversial legislation to weaken water quality standards for selenium pollution unanimously passed the state House of Delegates shortly after Judiciary Chairman Tim Miley described the bill as “an important one for the coal industry.” If the bill becomes law, West Virginia regulatory agencies will attempt to disregard federal recommendations and set their own standards for how much selenium can be discharged from surface mines.

Gov. Earl Ray Tomblin’s administration has dodged promises to strengthen mine safety and enforcement, delaying action on critical measures including expanding training at coal-mining operations that violate state regulations, improving methane monitoring systems, setting coal dust standards and increasing fines for violations.

Kentucky

As the 2013 session comes to an end, the Kentucky General Assembly and Gov. Steve Beshear remain divided on a number of high-profile issues. In early March, however, Beshear signed a bill to promote biomass-generated electricity that was passed unanimously by the General Assembly. The governor is now considering whether to sign or veto a bill legalizing industrial hemp farming in Kentucky that passed in the final minutes of the session. Legislation introduced in January to enact a Renewable and Efficiency Portfolio Standard again failed to gain traction in the House of Delegates.

Speculation has begun over the class of likely candidates, including former U.S. Rep. Ben Chandler and Kentucky’s House Speaker Greg Stumbo, to replace the term-limited Beshear in 2015. Prospective candidates, including former Democratic state auditor Crit Luallen, are beginning to court coal miners. Luallen spoke to the United Mine Workers of America in late March, telling the crowd that “the first thing that we have to do is work with all our heart to protect the jobs that we have. Coal matters in Kentucky, and coal will matter in Kentucky as long as there is coal to be mined.”

North Carolina

Since 2013 began, pro-industry voices have dominated the North Carolina state legislature. With majorities in the House and Senate, the General Assembly and Gov. Pat McCrory have taken hard stances on unemployment, education, healthcare and energy issues. In January, the introduction of the Government Reorganization and Efficiency Act, a bill that would eliminate the members of several environmental and public commissions, created a groundswell of polarization and was called an “unprecedented power grab” by Democrats. The bill passed the Senate in less than 42 hours, but has been delayed after changes were made in the House.

The latest threats to North Carolina’s commitment to clean energy include bills in the House and Senate to repeal a 2007 law mandating utilities meet a modest percentage of demand with renewable sources — a backstep that lacks support primarily due to North Carolina’s rapidly expanding solar industry.

Tennessee

As recently as 2008, Democrats held the governorship and a majority of both the House and Senate, but in recent years the legislature has shifted dramatically to the right. Now in control of the governorship and a legislative supermajority, Republicans hold 97 of 132 seats across both chambers. Gov. Bill Haslam’s close ties to the oil industry have kept his administration’s regulations against fracking to a minimum and he has remained neutral on bipartisan legislation to ban mountaintop removal coal mining in the state.

Other legislative actions include a bill to transfer administration of the state’s Water Environmental Health Act from the Department of Environment and Conservation to the Department of Commerce and Insurance. This bill passed both House and Senate committees. Recently, Rep. Sheila Butt and Sen. Mike Bell introduced legislation that would make it illegal for Tennessee to implement or associate with anyone who is practicing “sustainable development.”

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The Appalachian States of Energy Efficiency

Tuesday, April 16th, 2013 - posted by Jil

By Matt Grimley

Every year, the American Council for an Energy-Efficient Economy releases rankings on individual state’s energy efficiency performance. And every year, Appalachia is middling at best in saving energy.

The ACEEE’s State Energy Efficiency Scorecard examines everything from building codes to utility programs and policies to determine who takes the top spot. 2012’s top three states were Massachusetts, California and New York; the bottom three were West Virginia, North Dakota and Mississippi. Below we indicate our regional rankings based on the ACEEE 2012 report, followed by the increase or decrease in ranking from the 2011.

Good news, locally: since 2011, the states in Central and Southern Appalachia improved by an average of 0.875 spots. Better news: there’s always next year!

Georgia

#33 (+3) — In 2012, Georgia ranked second in the nation in annual growth of electricity consumption. To help combat that, the state utilities must file an integrated resource plan every three years that accounts for, but does not require, efficiency measures. The state also does not require its utilities to meet annual energy savings targets. In other news, last year the Georgia Nuclear Regulatory Commission approved the construction of two new nuclear reactors at the Vogtle plant. Peachy!

Kentucky

#36 (+1) — With Gov. Steve Beshear’s seven-point strategic energy plan, Kentucky is calling for improving the efficiency of its homes, buildings, industries and transportation fleet to offset at least 18 percent of the state’s projected 2025 energy demand. Maybe the state could look at the nonprofit organization MACED and their How$Mart Kentucky program to see how on-bill financing (which helps residents pay for retrofits and save money on their electric bills) might expand?

North Carolina

Tied for #22 (+5) — The state’s Renewable Energy and Energy Efficiency Portfolio Standard has saved an estimated $577 million for the government and electric utilities since 2007. Recent state legislation was introduced seeking to repeal these standards. North Carolina has been a leader in the Southeast in efficiency — would N.C. Rep. Mike Hager, a former Duke Energy employee championing the bill, really want to undo that legacy?

Ohio

Tied for #22 (+2) — The Buckeye State passed a strong standard back in 2008 for its utilities to meet energy savings targets. Recently, an Ohio Senate panel began its five-year checkup of those rules. State Sen. Bill Seitz, who is leading the review and supported the standard in 2008, said the policy reminded him of “Joseph Stalin’s five-year plan.” At least we know which way he’s “Lenin.”

South Carolina

#40 (+6) — Duke Energy Carolinas wants to increase their electric rates for residential customers by 16.3 percent in South Carolina, in part to help pay for two new power plants, in part to not promote more energy savings programs. Luckily, in January, a law became effective in the state that requires builders of all new homes to adopt more efficient measures such as getting a third party to conduct air duct tests on the new abode. It’s a start for this warm-weather state, which suffers from massive energy demand peaks.

Tennessee

#32 (-2) — The Tennessee Valley Authority is meeting its annual energy savings goals, but budgets for the efficiency programs are lower than anticipated. In March, Pathway Lending announced that it lowered the interest rate of the Tennessee Energy Efficiency Loan Program to two percent. The program partners include the state of Tennessee and the U.S. Department of Energy. It has provided nearly $10 million in funding to more than 50 Tennessee businesses since 2010 in an effort to help businesses reduce operating costs and spur economic growth.

Virginia

#37 (-3) — ACEEE in a report found that aggressively pursuing all cost-effective efficiency measures today would supply 31 percent of Virginia’s energy needs in 2025. The state currently has a goal of a 10 percent reduction in energy use by 2022, and if they choose to, utilities can voluntarily, maybe, help out. Dominion Virginia Power, thank everything, chose to help with their very own efficiency Blogspot: e-conserve.blogspot.com. It updates every two weeks, so get ready.

West Virginia

#49 (-5) — West Virginia’s residential electric rates have risen more than 50 percent in the past five years. FirstEnergy Corp. isn’t helping. The utility wants to sell the Harrison Power Station to a West Virginia subsidiary, and Mountain State customers would fund the purchase through increased electric bills. The state legislature, however, will soon look at House Bill 2803 to encourage greater investment in energy savings and House Bill 2210 to set definite demands for energy demand reduction by state electric utilities. At least that close there’s a lot to gain.

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Clean Water News: Congress Backs Down, N.C. Steps Up

Tuesday, March 26th, 2013 - posted by sandra

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

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

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

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

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

Friday, March 15th, 2013 - posted by Matt G

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

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

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

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

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