Posts Tagged ‘North Carolina’

Apologies for the Dan River spill, guilt for coal ash crimes

Thursday, February 26th, 2015 - posted by brian
Facing federal criminal charges stemming from the Dan River spill and pollution at other sites across North Carolina, Duke will pay for its coal ash crimes.

Facing federal criminal charges stemming from the Dan River spill and pollution at other sites across North Carolina, Duke will pay for its coal ash crimes.

Duke Energy likes to use a tagline that goes something like “For more than 100 years we’ve been providing customers with reliable, affordable electricity at the flip of a switch.”

It’s boilerplate, but it works. So I doubt the company will amend that punchy bit of self-praise to include “and we were recently found criminally negligent for polluting North Carolina rivers with coal ash.”

Even so, a year after the Dan River spill, Duke seems to understand that coal ash pollution has its own chapter in the company’s corporate story. Now, Duke will pay for its crimes.

The bombshell news came in two pieces around the same time last Friday; the U.S. Department of Justice announced the charges and Duke announced it struck a deal with prosecutors. A few days before the big reveal, Duke told shareholders in an earnings report that it set aside $100 million to resolve the federal investigation that began after the Dan River spill.

The company faces nine misdemeanor charges for violating the federal Clean Water Act at multiple coal ash sites across the state. On Friday, the U.S. Attorney’s Offices for the Western, Middle and Eastern Districts of North Carolina each filed charges in their respective federal courts, related to violations that occurred at coal ash ponds owned by Duke in their respective districts.

According to DOJ, Duke was criminally negligent in discharging coal ash and coal ash wastewater from storage ponds its Dan River, Asheville, Lee, and Riverbend plants into North Carolina rivers. Violations related to equipment upkeep were found at the Cape Fear Steam Station, where Duke was cited by the state for illegally pumping 61 million gallons of toxic water from a coal ash pit into the Cape Fear River last year.

The DOJ’s press release makes clear that the filing of charges is not a finding of guilt, and most prominent news outlets left any indication that Duke is guilty of its coal ash crimes out of their coverage. We decided to use the word “guilty” in our press release largely because a proposed plea agreement including millions in fines had been reached.

Read one of the three criminal "bills of information" detailing charges against Duke Energy (PDF).

Read one of the three criminal “bills of information” detailing charges against Duke Energy (PDF).

Also, in a consent to transfer the plea and sentencing proceedings to the Eastern District court, an attorney for Duke wrote: “… the Defendants wish to plead guilty to the offenses charged.”

Of course, Duke steered clear from the words “guilty” or “plea” in its own announcement. But, as the Southern Environmental Law Center’s Frank Holleman told the Charlotte Observer, “When anyone pays $100 million to resolve a grand jury investigation, that indicates something serious happened.”

There’s still a lot of specifics we don’t know about the agreement between prosecutors and Duke. Prosecutors say they won’t comment until after court proceedings where the agreement must be approved by a federal judge.

It’s important to note, though, that this is a plea bargain to resolve a criminal investigation, not a settlement to avoid a civil trial. The proposed agreement includes $68.2 million in fines and restitution and $34 million for community service and mitigation. The fines cannot be passed on to customers, meaning Duke’s shareholders will take the hit.

Importantly, the agreement would also put Duke on probation for five years, during which a court-appointed monitor would ensure compliance with provisions related to training, audits and reporting. According to Duke, the full agreement will be made public if it is accepted by the court.

“We are sorry for the Dan River spill, and remain grateful to our friends and neighbors for your support,” Duke CEO Lynn Good said in a statement. “We are committed to moving forward in a safe and responsible way.”

For a year Duke has been saying sorry to its customers and communities along the Dan River — basically demanding that it be held to a higher standard. So even though the company is no longer in crisis mode, it’s still watching its back as it tries to repair its reputation and move beyond the spill.

The problem of coal ash pollution in North Carolina is far from resolved. According to Duke’s own assessment, 200 seeps at its power plants leak nearly 1 billion gallons of polluted water into streams and rivers every year. Just yesterday, Duke was cited for contaminating groundwater at its Asheville Plant.

In addition to investigating Duke Energy, federal prosecutors subpoenaed current and former employees of the Department of Environment and Natural Resources and the North Carolina Utilities Commission, which used to regulate coal ash ponds. But none of the charges against Duke allege any improper, or illegal, dealings between the company and state regulators.

Without clarification from the U.S. Attorney’s office, it’s unclear whether the grand jury has finished its work, only finding Duke in the wrong, or if an investigation into actions of DENR is ongoing.

“While prosecutors aren’t legally obliged to explain charges they don’t file, in this case the public needs more substantial disclosures,” the Fayetteville Observer wrote in an editorial. “The Justice Department needs to let us know whether a cloud of suspicion remains over DENR.”

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Criminal charges filed against Duke Energy

Friday, February 20th, 2015 - posted by brian
Duke Energy entered a plea agreement with federal prosecutors to resolve a federal criminal investigation into its handling of coal ash in North Carolina.

Duke Energy entered a proposed plea agreement with prosecutors to resolve federal criminal charges related to its handling of coal ash in North Carolina.

The U.S. Department of Justice has filed criminal charges against Duke Energy for violating the federal Clean Water Act at coal ash sites across North Carolina. The company announced today it has reached a proposed plea agreement with federal prosecutors to resolve the charges.

According to a Duke Energy press release, the plea agreement includes $68.2 million in fines and restitution and $34 million for community service and mitigation.

The charges include multiple misdemeanor violations of the Clean Water Act in connection with last year’s coal ash spill in the Dan River as well as unauthorized discharges at other Duke coal plants in North Carolina. The agreement is subject to review and approval by the U.S. District Court for the Eastern District of North Carolina.

Related stories

Coal Ash Management: Long-awaited, still debatedAppalachian Voice reporter Kimber Ray sums up the state of coal ash management at the federal and state levels.

The agreement does not affect state lawsuits against Duke Energy, in which Appalachian Voices and our partners have intervened. It’s unclear whether the grand jury has finished its work, only finding Duke in the wrong, or if an investigation into actions of the N.C. Department of Environment and Natural Resources is ongoing.

The federal grand jury investigation began last year after 39,000 tons of coal ash spilled from a retired Duke Energy coal plant into the Dan River.

A statement from Amy Adams, North Carolina Campaign Coordinator for Appalachian Voices, and former supervisor with the Department of Environment and Natural Resources:

It’s good to see that federal enforcers have taken this issue seriously by diligently pursuing criminal charges and levying a substantial fine against Duke, and it’s good to see Duke acknowledge its culpability. However, we have yet to see that culpability turn into real action. There are still leaking coal ash ponds at 10 of Duke’s sites, leaving 10 communities in limbo and a lot of ash that must be permanently and safely disposed.

Important questions remain, like exactly how the money will be spent and whether any individuals will be named. But most troubling is the unanswered question of whether DENR was aware of negligence and failed to act, or was unable to recognize the magnitude of the situation in the first place.

Learn more about our work to clean up coal ash pollution. Subscribe to the Front Porch Blog to receive regular updates. 

Coal Ash Management

Wednesday, February 18th, 2015 - posted by molly

Long-Awaited, Still Debated

By Kimber Ray

Salem College biology students joined the Dan River Basin Association this January to help collect sediment samples for microbial analysis. Photo by Brian Williams

Salem College biology students joined the Dan River Basin Association this January to help collect sediment samples for microbial analysis. Photo by Brian Williams

State regulators have known about toxic groundwater contamination near Duke Energy’s coal-fired power plant in Salisbury, N.C., for years.

Since 2011, officials have disclosed more than 226 water quality test violations near the Salisbury plant that bear similarities to coal ash, the hazardous byproduct that remains after burning coal for electricity.

Of course, regulators decided to play it safe — for the power industry, that is. The N.C. Department of Environment and Natural Resources’ repeated claims that perhaps the pollution was simply a natural occurrence were a predictable line of defense when considering that historically, the regulatory directive on coal ash might as well have been “look away.”

Though that could prove a difficult feat for the second largest source of industrial waste in the United States, government officials have achieved this with astounding finesse.

Despite more than 150 federally acknowledged cases of water contamination and several notorious spills, measures such as water quality monitoring, safety inspections and protective liners for coal ash ponds remain rare on the state level and, until this past December, nonexistent on the federal level.

“There are plenty of people who say ‘I really don’t care, I just want a job,’” states Brian Williams, program manager for the Dan River Basin Association, which works to protect and promote that river. “And I understand that: people need to eat and they need a job. But they also need to drink, and you can’t live without water.”

The most recent high-profile coal ash spill occurred in North Carolina in February 2014, when more than 30,000 tons of ash emptied into the Dan River from a containment pond at Duke Energy’s retired coal-fired power plant in the city of Eden. Under the ensuing glare of public attention, last August state legislators passed what amounts to today’s toughest rules on coal ash in the nation.

North Carolina’s claim to regulatory fame is a source of major disappointment for many environmental and public health advocates across the country, who had hoped to see a stronger coal ash rule passed by the U.S. Environmental Protection Agency this December.

Although Duke Energy’s Belews Creek coal ash pond is the largest in the state, this site, located just 35 miles upstream from the Dan River spill site, is not slated for high-priority cleanup. On Jan. 31, local grassroots group Residents for Coal Ash Cleanup and Appalachian Voices gathered to protest continued inaction. Photo by Jaimie McGirt

Despite the status of Duke Energy’s Belews Creek coal ash pond as the largest in the state, this site, located just 35 miles upstream from the Dan River spill site, is not slated for high-priority cleanup. On Jan. 31, local grassroots group Residents for Coal Ash Cleanup and Appalachian Voices gathered to protest continued inaction. Photo by Jaimie McGirt

The cumulative costs of weak coal ash regulations are tremendous. In a 2014 analysis of just five of Duke Energy’s 14 power plant sites in North Carolina, Dr. Dennis Lemly, a research biologist with the U.S. Forest Service and an associate professor at Wake Forest University, estimated that environmental and economic impacts totaled almost $2 billion.

“As far as what’s happening on the ground right now, there’s been no change [either nationally or in North Carolina],” Lemly says. “These rules still allow surface impoundments of coal ash, which is really the root of all evil in terms of fish and wildlife damage that we’ve seen for many, many years.”

Familiar Disappointments

Under the new federal rule passed this December, coal ash disposal will now be held to safety standards similar to those for household trash — and that’s an improvement. Unlike municipal landfills, coal ash waste sites were not historically required to have liners and, consequently, many don’t. The limited available data indicates that nearly all unlined ponds are seriously impairing nearby surface and groundwater with toxic levels of pollutants such as arsenic, lead, mercury and selenium.

“The EPA spent years developing this rule and turning up lots of evidence on how dangerous coal ash is,” says Pete Harrison, an attorney for the nonprofit Waterkeeper Alliance. “In the end, they gave in to intense political pressure and turned in an extremely weak and minimally enforceable rule.”

Although the federal rule sets minimum standards for the disposal and monitoring of coal ash, the EPA will neither enforce these regulations nor require states to do so. If a state chooses not to adopt the rule, the only enforcement will be through citizen litigation after a problem has already occurred.

States are free to take greater initiative and craft more restrictive standards, though on that front, North Carolina stands alone. Unlike the federal rule, the North Carolina Coal Ash Management Act could put an end to the nationally popular method of coal ash disposal — storage in unlined, wet surface impoundments — and the state will oversee enforcement.

But while all new coal ash waste produced by Duke Energy must be dried and stored in lined landfills, how the state law will address the utility’s existing 33 unlined surface impoundments remains to be seen. The state rule requires all coal ash ponds to close by 2029, but so far, only four are marked as high-priority and slated for relocation to lined landfills.

Closure plans for the other 29 sites, to be announced by the end of the year, may permit ash to remain in unlined ponds with an impermeable clay cap installed on top. This cap-in-place type of closure, also permitted by the federal law, could allow toxic waste to leach into groundwater indefinitely.

Another unresolved problem is where to relocate coal ash from Duke’s ponds that are being emptied out. The utility is already grappling with this issue at its four high-priority sites. Current plans to haul millions of tons of ash to landfills in Chatham and Lee counties have proven controversial, and residents continue to rally in opposition.

No effective controls prevent coal ash from blowing into the neighboring community at this combustion waste landfill near the Cane Run power plant in Jefferson County, Ky. Photo courtesy Kentuckians For The Commonwealth

No effective controls prevent coal ash from blowing into the neighboring community at this combustion waste landfill, pictured left, near the Cane Run power plant in Jefferson County, Ky. Photo courtesy Kentuckians For The Commonwealth

Chronically Lax Oversight

Sites such as the Dan River are just the tip of the ashburg — a word used to describe the hulking masses of coal ash that decorate the scenes of spills. Although the exact number is unknown, more than 1,000 coal ash disposal sites are located in 37 states.

According to a 2011 analysis of state regulations by the nonprofit law organizations Earthjustice and Appalachian Mountain Advocates, some of the most dangerous and least-regulated ponds are in Appalachia. Low numbers of water quality violations in Kentucky may seem to indicate otherwise until considering that, as has been the case in most states, there are no groundwater monitoring requirements for coal ash disposal sites in Kentucky.

In Tennessee, more than six years have passed since a poorly constructed dam at the Kingston Fossil Plant collapsed and unleashed more than one billion gallons of coal ash across hundreds of acres and into two rivers. State officials have yet to enact even the most basic of regulations, such as annual inspections of massive containment dams like the one that failed.

Although this historic 2008 spill prompted the EPA to promise the nation’s first coal ash rule, it was a 2012 lawsuit brought by a coalition of environmental groups — including Appalachian Voices, the publisher of this paper — that brought the EPA to fulfill this promise in 2014.

Even if the rules had arrived sooner, however, it’s unlikely the new regulations could have prevented last year’s disaster on the Dan River. Final wording of the federal rule — which, at press time, had yet to be published — suggests that it would not allow the EPA to require the removal of coal ash from inactive ponds at shuttered facilities like the one that spilled.

No rule can mend the botched cleanup of the Dan River, which did not begin in earnest until six months after the spill. “The coal ash is now too buried by sediment to ever fully remove,” remarks Williams from the Dan River Basin Association.

Only about six percent of the coal ash was removed, but, with the ash now covered, Williams says water tests no longer show any levels of coal ash contaminants such as arsenic and mercury. This means the river is safe for recreational use such as paddling, but local residents remain concerned about the inevitable arrival of annual winter floods, which will stir up the coal ash and sweep it across adjacent farmlands.

Another concern is the gradual buildup of toxic contaminants in fish and wildlife. During the initial impact, many bottom-dwelling macroinvertebrates such as mussels, clams and crayfish were choked by the coal ash, and Williams has little doubt that conditions will worsen over time.

“There’s still a thousand-plus tons of coal ash in the river, so for the EPA to say [the river’s] back to pre-spill conditions is totally irresponsible,” Williams states.

Citizen Enforcement

One widely praised aspect of the federal rule is a requirement for all coal ash sites to install water quality monitoring wells within the next two years and disclose this data online in order to aid citizen enforcement.

“In some Southeast states right now, it can be next to impossible to get all the information about a given facility and understand what’s going on,” explains Harrison of Waterkeeper Alliance. “If you want records that should be public under federal law, you can’t go to a website like in North Carolina, you need to go to the agency office and stand there all day with a scanner and huge boxes of hard copy discs.”

Guilford College students in front of the retired Dan River Steam Station during a river outing with the Dan River Basin Association in 2013. The association has long promoted citizen water quality testing as a vital component of healthy waterways. Photo by Brian Williams

Guilford College students, above, in front of the retired Dan River Steam Station during a river outing with the Dan River Basin Association in 2013. The association has long promoted citizen water quality testing as a vital component of healthy waterways. Photo by Brian Williams

Since North Carolina’s system was put in place in 2010, reports have revealed that sites at all 14 of Duke Energy’s coal-fired power plants have been polluting local water sources. This pre-existing water quality data for North Carolina sites may require the state to close coal ash impoundments earlier than current state-mandated deadlines because, once groundwater violations are discovered, federal law requires the facility to close within five years.

But, as Harrison warns, “It’s not quite so cut and dry. The federal law also provides second chances for the company to demonstrate that it has the problem under control in some other way.”

The validity of water quality data provided by the companies is also an important consideration. Aside from more notorious cases in which companies were caught altering water pollution reports, Judy Petersen, executive director for the Kentucky Waterways Alliance, says that accuracy is an issue. The federal rule requires a minimum of four wells, but that data’s usefulness depends on the location and depth of the wells, as well as whether the state agency has the resources to evaluate a company’s monitoring plans.

Continued Challenges

While representatives for utilities across the country supported the EPA’s decision not to classify coal ash as hazardous waste, they claim two aspects of the federal rule could prove particularly troublesome for estimating costs associated with coal ash.
According to Harrison, some members of Congress have since proposed changes to address these concerns, such as prohibiting the EPA from ever returning to the rule to relabel coal ash as hazardous waste.

Combined with this effort is a push to limit legal avenues for citizen enforcement by requiring all states to adopt and enforce the federal rule, which would shift enforcement responsibilities to state agencies. In a recent testimony before the U.S. House Subcommittee on Energy and the Economy, Frank Holleman, senior attorney with the Southern Environmental Law Center, expressed his concerns about this proposal.

“We have seen, over and over again, that state agencies will not effectively enforce laws [related to coal ash disposal],” stated Holleman. “Without the citizen right to enforce the law, local communities cannot count on state agencies to effectively protect them.”

However the rules are enforced, Petersen of the Kentucky Waterways Alliance notes that her state faces additional challenges unaddressed by the law. Approximately 50 percent of Kentucky is comprised of karst, a rock formation easily dissolved by water that forms into extensive networks of caves and sinkholes.

“[Kentucky] coal ash sites never fill up, and part of the reason is because they’re leaking into the ground,” says Petersen. “If a karst cave development forms a sinkhole underneath a coal ash impoundment, it doesn’t matter if there’s a liner — it’ll take the liner and everything else with it.”

The Final Judgement

Some critics, such as The Center for American Progress, have suggested that implementation of coal ash rules could be problematic in the 39 states where judicial elections occur. Opportunities to “buy influence in the state courts” have continued to expand in recent years. A report published by the center last November found that North Carolina’s court was more likely to rule in favor of special interest groups who had given the largest campaign contributions to judge nominees.

In the long-run, Williams believes no rule will be a strong force for change until people reconsider how they value and monitor water quality. “We demand cheap power and energy,” he says. “Well, water is gold. It’s time we demand clean water, and more water protection.”

Learn more about coal ash, and listen to a discussion of North Carolina’s efforts to clean up coal ash with Amy Adams of Appalachian Voices.

Turning Carolina Red

Wednesday, February 18th, 2015 - posted by molly

Reports from the Front of an Energy Culture War

E-Book by the Staff of Environment & Energy Publishing

Turning_Carolina_Red-1

Five years ago, North Carolina veered from being a fairly moderate, progressive state and took a hard right when the Republican party gained control. The eBook “Turning Carolina Red: Reports from the Front of an Energy Culture War” examines the forces that shaped the sudden change in the state’s political ideology. With this innovative eBook, Environment & Energy Publishing provides a comprehensive look at how this political shift is affecting environmental and energy policies in the state and across the country.

Opening with the catastrophic Dan River coal ash spill in 2014, the book gives a detailed account of how the disaster influenced environmental policies in the new paradigm and explores the broader context of electricity generation in the state.

The book also studies the players shaping policy, from members of the General Assembly and state regulators, to environmental groups and conservative think tanks. Throughout, the authors weave a cautionary tale of the power of money in politics. You won’t find a better account of the changes and impacts on North Carolina than this. — Review by Amy Adams, Appalachian Voices N.C. Campaign Coordinator

Meet Zach Dixon, grand prize winner of the home energy makeover contest

Tuesday, February 17th, 2015 - posted by Eliza Laubach

Stepping inside Zach Dixon’s foyer is akin to stepping back in time 40 years. A chartreuse green glow washes over you and a large mirror reflects hints of art deco. The shag carpet confirms this house’s birth in the early 1970s, and also whispers of its outdated structure.

Since Dixon’s childhood, much of which he spent in the groovy house his grandfather built, three heating systems have broken down, leaving space heaters as his only choice. He remembers the days of the oil boiler and baseboard heaters—the luxury of having a thermostat. “It was awesome when taking a shower,” Dixon says. “Now when I want to do that I have to put the heater in there and let it warm up.” After his grandmother passed away, “it dried up,” says Dixon. “We couldn’t afford the oil.”

He moved back into the house in Boone, N.C. to take care of his grandmother when she was sick, while facing a serious physical ailment himself. Dixon has a degenerative bone disorder. He has had both of his hips replaced and he can no longer work in the field he was trained in, carpentry. After losing his job last April, he has been unable to find work due to his physical limitations. “I’m hanging on by a thread,” says Dixon. “I don’t know how I came this far.”

But even before Dixon lost his job, he was having trouble paying the bills. Last winter, in the dead cold of the polar vortex, he received help from Blue Ridge Electric’s Operation RoundUp program and Watauga County Crisis Assistance Network. Still, his electricity was shut off and he went to stay at a neighbor’s house. This winter, his electricity has already been shut off three times. He is on a pay-as-you-go program with Blue Ridge Electric. “I’ll be in the positives, then the next day I’ll be in the negatives,” says Dixon. He once experienced his electricity being shut off for being 43 cents in the red. That time, he was lucky; it was summer.

For three years, Dixon has been on a waiting list for a W.A.M.Y. retrofit, a local program funded by the federal government for low-income families, but the demand for energy efficiency upgrades exceeds the four-county program’s capacity. Running his space heaters cost him about $15 a day during the winter, compared to his standard usage of $3 during the summer. “I could have $200 on my bill, if I wasn’t losing all the heat,” says Dixon.

Dixon’s house lacks sufficient insulation. The two bedrooms are situated over the garage, which is not insulated. There is no crawl space, so essentially there is no insulation surrounding the bottom part of his house. The attic is insulated to about half the level required by building codes. There are air leaks throughout his house, including around doors and recessed lighting, but the major air leak is a hole cut out from his hallway floor into the garage.

There is a wood stove in the garage, which supplemented heat in the past and was hooked up to the oil boiler system. Dixon cut the hole in the floor to allow the wood heat into his main floor. Tricks like this demonstrate the craftiness homeowners resort to when homes lack central heating systems. After a chimney fire scare last year, though, he no longer uses the stove. The hole is now covered by a thin rug.

As grand prize winner of the High Country Home Energy Makeover Contest, Dixon has received insulation in his attic and garage, two quick steps that will greatly improve the house’s energy efficiency and his quality of life. All of the air leaks around Dixon’s home will be sealed with a caulk gun. And compact fluorescent light bulbs will replace incandescent bulbs — the frosting on this energy makeover cake.

“The most important thing I never realized, until I met [the Energy Savings team at Appalachian Voices], is how bad I lose heat,” Dixon says. “I knew heat rises but I didn’t know it was that bad.” Dixon plans to attend school so that he can get a “desk job” like the doctor ordered. He hopes to be an architect and design his own house one day — in a very energy efficient way.

Learn more about Appalachian Voices’ Energy Savings for Appalachia program and the High Country Home Energy Makeover Contest.

Looking on the bright side, states seek solar benefits

Monday, February 16th, 2015 - posted by Kimber

By Eliza Laubach

Photo courtesy O2 Energies

Photo courtesy O2 Energies

U.S. jobs grew nearly 20 times faster in the solar industry than the whole economy’s national average, reports The Solar Foundation. Recent findings by the research nonprofit project a slowdown by 2017, when a federal tax credit is scheduled to monumentally shrink. In the meantime, however, some southeastern states are catching the rays of the burgeoning industry with policies encouraging growth in both privately-owned and utility-scale solar.

The Georgia House of Representatives is expected to pass a bill that will remove a major economic barrier to rooftop solar for homes and businesses: the lack of financing options. State law currently outlaws third-party financing, when an investor buys a solar panel and sells the electricity to the host site at a reduced rate. The bill would allow this type of solar leasing, thus eliminating the need for up-front investment when a utility customer considers buying a solar panel.

Net metering, a model that allows a rooftop solar producer to sell excess electricity back into the grid, was bolstered in South Carolina this December. Utilities agreed to compensate rooftop solar producers at the same rate they charge for electricity. The agreement also restricts utilities from levying additional fees on rooftop solar owners.

A tactic utilities say offsets their cost of connecting solar panels to the grid, standard fees discourage potential rooftop solar installations. The Virginia Utilities Commission allowed Appalachian Power Company to levy such a fee last month. Homeowner associations across Virginia also tried to block rooftop solar installation, for aesthetic reasons, despite a bill passed last June banning them from doing so.

In North Carolina, the Utilities Commission renewed an order that requires state utilities to provide standard contracts when buying electricity from independent solar installations that generate five megawatts or less. Duke Energy and Dominion Power, meanwhile, had pushed to lower that threshold to installations 100 kilowatts or less. Solar energy advocates argued that negotiating custom contracts with Duke and Dominion would cripple independent solar development in the state. Duke owns only 4 percent of the solar energy in its portfolio, according to Charlotte’s National Public Radio syndicate.

Last month, The Tennessee Valley Authority announced that it will offer its version of a standard contract for up to 100 MW of renewable energy development. Projects between 50 kilowatts and 20 megawatts are eligible, and the contracts last for 20 years. While solar energy represents only 1 percent of nationwide electricity generation, the solar installation sector is already larger than familiar fossil fuels, such as coal mining, oil and natural gas, The Solar Foundation report found.

Lawsuit Challenges State Fracking Panel

Monday, February 16th, 2015 - posted by molly

The Southern Environmental Law Center filed a lawsuit challenging the North Carolina legislature’s role in appointing the majority of members on the N.C. Mining and Energy Commission, the body responsible for developing rules to regulate fracking in the state. Lawyers for the environmental group claim the legislature violated the state constitution, which requires that legislative and executive powers “be forever separate and distinct from each other.” Plaintiffs hope for a ruling that voids the commission.

Danger still looms over the Dan River

Monday, February 9th, 2015 - posted by amy

{ Editor’s Note } This post by Amy Adams also appeared as an op-ed in the Winston-Salem Journal on Sunday, Feb. 1, marking the first anniversary of the Dan River coal ash spill.

amy-rally-speach

It’s been exactly one year since the infamous broken pipe at Duke Energy’s Dan River steam station spewed 39,000 tons of toxic coal ash into the scenic Dan River, just a few miles upstream of the drinking water intake of some 160,000 people. Since then, much attention has been given to the river and to the problems of leaking, unlined coal ash pits across North Carolina.

What hasn’t received attention is a threat much more menacing to the Dan River. Sitting only 35 miles upstream from the shuttered Dan River plant is Duke’s Belews Creek steam station in Walnut Cove, and one of the largest coal ash impoundments in North Carolina and the entire Southeast. Compare the 342-acre active goliath at Belews to the 39-acre impoundment at the Dan River plant, and it’s easy to understand the implications.

At Belews, a 14-story high earthen dam holds back 4.1 billion gallons of toxic coal ash. That’s more than 20 times the holding capacity of the Dan River site. The dam at Belews is rated by the U.S. Environmental Protection Agency as “high hazard,” meaning loss of life and property are probable if it failed. The EPA also ranks the dam as being in only fair condition. If it were to break, the Dan River would again be flooded with toxic coal ash, only this time on a scale on par with the Kingston, Tenn., disaster in 2008.

Aside from the threat of a catastrophic spill, the Belews Creek plant has a history of pollution that harms waterways and wildlife, including documented groundwater contamination. In addition, the plant dumps its wastewater directly into the Dan River under state-issued permits. It is currently part of ongoing litigation for violations of the Clean Water Act, its wastewater permit and North Carolina law.

Downstream from the massive Belews Creek plant is the town of Madison, which gets its drinking water from the Dan River, as does Eden and the Virginia localities of Danville, South Boston and Halifax County. Eden, whose water intake was spared any impacts from last year’s spill, withdraws close to 12 million gallons a day from the Dan River to serve residential customers and three major industries: Miller Brewing, Hanesbrands and Karastan Rug Mills.

Living next to this industrial mega-site are residents of Walnut Cove and Pine Hall, communities whose concerns include not just the wet ash impoundment and dangerous dam, but several other on-site landfills containing dried coal ash. While the N.C. Department of Environment and Natural Resources has spent the last weeks rearranging the who’s who of its upper management, these communities, like others across the state, are waiting to find out if the agency will ever clean up the sites.

According to the state’s new coal ash law, passed earlier this year under mounting pressure from citizens, DENR must set the “priority level” of each site by the end of 2015. So far, four sites have been identified as high priority — but not Belews Creek. If it’s ultimately deemed to be a “low priority” site, the ash could be left in the existing unlined pit in the ground and simply covered with plastic. This is not an acceptable solution for the residents around the plant who depend exclusively on wells for their drinking water.

Covering the ash does nothing to stop the toxic metals from entering the groundwater beneath the unlined pit. It’s equivalent to trying to stay dry under an umbrella while sitting in a puddle.

The communities living under the shadow of Belews deserve to be more than a low priority. In fact, no community in North Carolina should be considered a low priority. On the anniversary of the Dan River spill, we should make the removal of coal ash from all unlined coal ash sites and therefore, the assurance of clean, safe water to our communities, our top priority.

The will against poverty: ASU students serve in rural Appalachia

Friday, February 6th, 2015 - posted by Jaimie McGirt
Appalachian State University students volunteering during the annual MLK Day Challenge.

Appalachian State University students volunteering during the annual MLK Day Challenge.

Dr. Martin Luther King Jr. is known for directly addressing the poverty he witnessed. In his last address before he was assassinated, he said “I have seen them in the ghettos of the North; I have seen them in the rural areas of the South; I have seen them in Appalachia … Living in conditions day in and day out where the whole area is constantly drained without being replenished. ”

Jan. 19 marked the twentieth year since President Clinton passed legislation to encourage U.S. residents to volunteer on MLK Day. Rather than spending this holiday as a day off, many people gather in neighborhoods, towns and cities across the country for a “day on.” Universities are no exception.

Appalachian State University has celebrated with the MLK Challenge for sixteen years. Having participated in the challenge as a student, I couldn’t help but want to participate again. But I never knew I would serve by spelunking in a 79-year old woman’s crawlspace.

How does one get herself into a crawlspace in the first place? Dr. King has something to do with it: “There is nothing new about poverty. What is new is that we now have the techniques and the resources to get rid of poverty. The real question is whether we have the will.” I suppose I can say I had the “resources,” though they are not what you are thinking. As for the will:

Anna Mae Shook of Zionville, N.C., applied to our High Country Home Energy Contest in November. She is spending close to 20 percent of her monthly income on her utility bill, which ranked her as one of our ten contest finalists. She was ecstatic to be considered. Yet, upon a walk-through assessment of her home, Appalachian Voices energy policy director, Rory McIlmoil, and Energy Contest business partners Sam Zimmerman and Sarah Grady of Sunny Day Homes found her home in disqualifying condition. She had a kerosene leak (which saturated her crawlspace), mold contamination and rotten flooring.

Despite not being eligible, the Energy Savings team felt we should help her in some way independent of the home energy makeover contest. I felt we could pull it off, and Sam Zimmerman, having assessed her home before, felt the same. Zimmerman wanted to donate his expertise but he expressed that we needed as many hands as possible. “Where are we going to find ten or so people to do this?”

Then it dawned on me — the ASU MLK Challenge would be equipping groups of ten students to perform service across the county in the coming week. In a matter of days, we made a plan to collect donations and muck-out the crawlspace with a team of students from ASU.

Appalachian State students serve at a local Watauga County resident’s home during the sixteenth annual MLK Day Challenge.

Appalachian State students serve at a local Watauga County resident’s home during the sixteenth annual MLK Day Challenge.

On Monday morning I met the group and saw that we were five short of the help we needed. Some were not dressed for getting dirty, much less for crawling under a house. Jim Street, a sixteen-year MLK Challenge alumni and their faculty service advisor for the day chuckled and said, “You should have seen those girls’ mouths drop when they heard ‘crawlspace’ and ‘spelunking.’” I just thought about the old MLK Challenge mantra, and retorted “It’s all a part of the challenge.”

By noon, we left town for Mrs. Shook’s house with a 12’x12’ piece of carpet from Abby Carpeting, safety equipment from Boone Area Missions, and promises of ply board and 2”x10’ boards from Watauga Building Supply, all of which were donated.

Seeing the crawlspace, the students were apprehensive. Who wouldn’t be when confronted with kerosene-saturated soil and mold in a tight, dark space? Some stayed outside, shuttling the contaminated soil to a dump trailer and others scrambled right in. Zimmerman and two students, Jelani Drew and Anne Carpenter, acted as the “miners,” digging out the kerosene-saturated soil. “Crawling in a crawlspace was not something I thought I was skilled at but it was not as scary as I thought,” said Carpenter.

By 4 p.m., we had removed the saturated soil, sprayed a bleach solution for mold, and spread a plastic liner to act as a moisture barrier, finishing our project in the crawlspace. Meanwhile Rory McIlmoil worked upstairs to repair Mrs. Shook’s floor for the rest of the evening. By the next weekend, he had re-floored the room and installed the donated carpet. Of course, the work would have been in vain had Mike Green, a local oil-monitor repairman, not stopped the kerosene leak for no charge.

Anne Carpenter (left) and Jelani Drew “spelunking” in Anna Mae Shook’s crawlspace. Photo by Jim Street

Anne Carpenter (left) and Jelani Drew “spelunking” in Anna Mae Shook’s crawlspace. Photo by Jim Street

Knowing that some of the students wanted to serve at the nursing home or the humane society, their service advisor Jim Street asked them if they felt their service site was a “winning ticket” after all, and to my surprise, they all felt so. Reflecting on the day of service, Carpenter noted, “We might not have been skilled but we brought a desire to serve an area that we really do impact with our choices — despite being in a campus bubble at times.” She felt our service was a great point of growth for everyone, including herself. “I’d go back under,” she said.

Mrs. Shook was extremely grateful and I was so glad the students had an opportunity to leave their campus bubble to serve in rural Appalachia for a day. I hope that they too now carry the mantra, “It’s all a part of the challenge.”

Today, I prayed we #kickcoalash

Monday, February 2nd, 2015 - posted by guestbloggers

{ Editor’s Note }This post originally appeared on Caroline Rutledge Armijo’s blog. We are happy to share it her with her permission.

Local residents and activists gather at Belews Lake, home to Duke Energy's Belews Creek Steam Station, to demand an end to coal ash pollution in North Carolina.

Local residents and activists gather at Belews Lake, home to Duke Energy’s Belews Creek Steam Station, to demand an end to coal ash pollution in North Carolina. See more photos from the rally on Flickr.

On Sunday, Residents for Coal Ash Clean Up met at the Belews Lake boat dock overlooking the smokestacks at Duke Energy’s Belews Steam Station in Stokes County, N.C. Today marks the one year anniversary of the coal ash spill into the Dan River in Eden. And while it was the third largest coal ash spill in our country’s history, it is only a drop in the bucket of what would happen if there was a spill at Belews Creek into the same Dan River.

Duke Energy is currently in mediation over which coal ash locations they will clean up. Belews Creek is the site of the largest coal ash pond in the state of North Carolina and it is currently on the low priority list. We want to be a high priority.

Sarah from Appalachian Voices asked me to speak at today’s event. Of course. I am glad to do anything. Yet, I procrastinated on writing my speech until this morning. That’s really bad news considering it was a morning event and we live an hour away with two kids in tow. But I am glad I did, because during the night I realized that I needed to pray. The reality is the media will only cover what they want. After my speech in Raleigh, they summed it up to basically “Caroline Armijo is upset that her friends and family are sick.” But I saw today as an opportunity to have a large crowd gathered by the lake where we could pray. If I had gotten out of bed at 4 am, I am certain that God told me what to say word for word. But I didn’t. So I did the best that I could this morning at 8 am.

Here’s my speech and prayer, including the part I forgot:

Good morning! My name is Caroline Rutledge Armijo. I am a native of Stokes County and I currently reside in Greensboro. Thank you to everyone for coming out to Belews Creek today. We are here because we want Belews Creek to be included on the High Priority List for Duke’s clean up.

A year after the spill in Eden, we want to warn North Carolina and the country that we are standing at the site of the largest coal ash pond in Duke’s system – a horrifying 342-acres in some areas over twelve stories deep. This is the largest coal-ash risk to North Carolina’s water, land and air.

In 2009 Belews Creek was classified High Risk for failure. That means Duke has known for over five years that the earthen structures are highly likely to fail and people will die. But Duke just wants to plant some grass on top.

Without the threat of catastrophic failure, the unlined coal ash pond is still a problem. Water from the pond is released into the Dan River EVERY SINGLE DAY. This is Madison’s drinking water, which Duke actively “corrects” by adding chemicals to the river.

If you watched the At What Cost video, you will recognize several of our faces. But one is missing. Our leader Annie Brown died in September after suffering from a massive heart attack. She was the very person who asked “At what cost?” Others among us have faced serious health problems, including cancer, strokes and respiratory disorders. Annie had a list of all the people in this community who were suffering from poor health. And for all of these people, I feel led to end this with a prayer.

Dear Great and Mighty God,

Here we stand on what feels like sacred space. So many people have lost their lives too soon or faced serious health consequences because of the pollution from this site.

We are all incredibly grateful for the opportunities provided by the power generated here. But now we ask that you heal this broken place. We are faced with the complicated task of just how to do that.

We pray for the strength and courage to demand that Belews Creek become a high priority site.

We pray for the spirits who have passed before us that they may have peace.

And we pray for those who live daily with the illnesses they face that they will be blessed with the very best for their needs.

We pray for guidance, miracles and wholeness.

Amen.