Posts Tagged ‘Water’

Same coal company, same old (illegal) tricks

Monday, November 17th, 2014 - posted by eric

“We do all those old tricks electronically now.” By Charles Barsotti.

They say you can’t teach an old dog new tricks. That certainly seems to be the case with Frasure Creek Mining. Four years ago we took legal action against the company for submitting false water monitoring reports, and now they are at it again, but this time the false reporting is even more extensive. Almost 28,000 violations of the Clean Water Act in what is likely the largest non-compliance of the law in its 42-year history.

In 2010, Appalachian Voices and our partner organizations served Frasure Creek and International Coal Group (ICG) with a notice of our intent to sue them for submitting falsified pollution monitoring reports to Kentucky regulators. Back then, both companies were reusing the same quarterly reports, changing the dates on the reports but duplicating all the water monitoring data. The reports have changed from paper to electronic documents, but Frasure Creek’s practice of reusing them has returned.

The Kentucky Energy and Environment Cabinet filed a slap-on-the-wrist settlement with the companies, writing off the duplications as “transcription errors” and effectively preventing our legal case from going forward. We challenged the settlement in state court and eventually reached an agreement with ICG, but not with Frasure Creek. We are still waiting on a decision in that case.

In the meantime, we discovered that Frasure Creek has been up to its old tricks. So today, we sent the company another notice of intent to sue for the new batch of duplicated reports.

Before our initial legal action, the companies rarely, if ever, submitted reports that showed violations of their pollution limits. As a result of our investigation, the companies hired new, more reputable labs and began reporting lots of pollution problems, making it clear that their false reports were covering up serious issues. We tried to sue Frasure Creek for these pollution violations, but the state reached another deal with the company, tying our hands.

Frasure Creek Mining reports only a few violations of their pollution limits when they are turning in false reports.

All of this raises one important question: Who would be stupid enough, or so utterly disdainful of federal law, to do the exact same thing they had gotten in trouble for before? One would think that it must have been an accident, because no one would ever purposefully do this again, but there are a few factors that seem to contradict that idea.

• In 2014, when Frasure reused data, it occasionally changed a little bit more than just the dates. There are a number of new duplications where the original report showed violations of pollution limits. All of the data in these reports was reused except for violations, which were replaced with a few very low numbers. (Personally, I am really looking forward to the convoluted tale that Frasure will tell to try to explain away these as “transcription errors.”)

• The new duplications are far too common to be made accidentally by someone who was putting any modicum of effort into their job. In the first quarter of 2014, the company submitted over 100 duplicated reports, so almost half of its reports that quarter were false. That’s almost three times the number of false reports it got caught for the first time around, and translates to almost $1 billion in potential fines.

• Frasure Creek isn’t afraid of getting caught because the consequences are extremely low. The state’s past settlements with the company have been too weak to discourage this type of false reporting, and in fact, may have given the company a sense of security. Under the Clean Water Act, the potential maximum fine per violation is $37,500. One of the state’s past settlements with Frasure Creek set automatic penalties of only $1,000 per violation. So interestingly, it’s when those penalties were in effect that Frasure Creek, submitted lots of duplicated reports, but only reported a handful of pollution violations. (See the period in the blue box on the graph.)

This is one of about 70 Frasure Creek Mining discharges that the company has been submitting duplicated water monitoring reports for.

Frasure Creek has about 60 coal mining permits across Eastern Kentucky, mostly for mountaintop removal mines. Most of the new reporting duplications occurred at mines in Floyd County, but some occurred at its mines in neighboring counties. Pollution from these mines flows into the Big Sandy, Licking and Kentucky rivers.

Frasure Creek may be a bad actor in the mining industry, but it’s not alone in this type of false reporting. A few years ago we took legal action against the three largest coal producers in Kentucky (including Frasure Creek), all of which were turning in false water monitoring reports produced by three different laboratories. In recent weeks there have been two criminal cases in West Virginia for false water monitoring, one at coal mines, and one for duplicating reports exactly like what has been going on here.

These pollution reports are the foundation of the Clean Water Act regulations. Without accurate reporting, it’s impossible for regulators to effectively protect the people and the environment from dangerous pollution. The fact that the Kentucky Energy and Environment Cabinet and the Environmental Protection Agency have done so little to stamp out false reporting in Kentucky is simply deplorable.

Appalachian Voices is joined in this effort by Kentuckians For The Commonwealth, Kentucky Riverkeeper, and the Waterkeeper Alliance. The groups are represented by Mary Cromer of Appalachian Citizens Law Center, attorney Lauren Waterworth, and the Pace Law School Environmental Litigation Clinic.

>> View The Notice of Intent to Sue here (.pdf)

>> View our Press Release here

Citizen Groups Take Legal Action Against Kentucky Coal Company for Falsifying Water Pollution Reports

Monday, November 17th, 2014 - posted by cat

State regulators ignore clean water protections and enforcement

CONTACTS

Erin Savage, Appalachian Voices, 828-262-1500, erin@appvoices.org
Ted Withrow, Kentuckians For The Commonwealth, 606-784-6885 (h) or 606-782-0998 (c), tfwithrow@windstream.net
Pat Banks, Kentucky Riverkeeper, 859-200-7442, kyriverkeeper@eku.edu
Pete Harrison, Waterkeeper Alliance, 828-582-0422, pharrison@waterkeeper.org

Eastern Kentucky – Over the course of 2013 and 2014, Frasure Creek Mining – one of the largest coal mining companies in Kentucky – sent the state false pollution reports containing almost 28,000 violations of federal law, and the Kentucky Energy and the Environment Cabinet failed to detect the falsifications, according to a letter of notification served to the company by four citizen groups. It was the second time the groups have taken legal action against Frasure Creek for similar violations.

In a 30-page notice of intent to sue mailed Friday, the groups document that Frasure Creek duplicated results from one water pollution monitoring report to the next, misleading government officials and the public about the amount of water pollution the company has been discharging from its eastern Kentucky coal mines. In some cases, Frasure Creek changed only the values that would have constituted violations of pollution limits in the company’s discharge permits. With a potential fine of $37,500 per violation, the maximum penalty could be more than $1 billion.

The notice letter was sent by Appalachian Voices, Kentucky Riverkeeper, Kentuckians For The Commonwealth and the Waterkeeper Alliance. The groups are represented by Mary Cromer of Appalachian Citizens Law Center, attorney Lauren Waterworth, and the Pace Law School Environmental Litigation Clinic. Under the Clean Water Act, citizens must give the government 60-days notice of their intent to sue for violations. If Frasure Creek fails to correct the violations within the 60-day time period, the groups said they will file suit in federal court.

>>The notice letter can be downloaded here.

Four years ago, the groups found that Frasure Creek had sent similar falsified pollution reports, copying data from one report to the next. When the violations were brought to light, the state cabinet gave the company a minimal fine and promised reforms to ensure the agency would identify misreporting in the future. However, according to the notice served yesterday, the more recent duplications are even more extensive, and the state again failed to detect the violations or take enforcement action.

“Copy and paste is not compliance,” said Eric Chance, a water quality specialist with Appalachian Voices. “The fact that Frasure Creek continued to flout the law to this extent, even after being caught before, shows it has no regard for the people and communities they are impacting. Equally disturbing is the failure of state officials to act to stop the obvious violations. We’re not sure state officials even look at the quarterly reports.”

Frasure Creek has filed false reports or violated permit limits at more than 70 discharge points from the company’s numerous coal mines across eastern Kentucky. In the first quarter of 2014, more than 40% of the all reports filed by Frasure Creek contained data that the company had already submitted in 2013. These violations occur primarily at mines in Floyd County, but also at mines in Pike, Magoffin, Knott and Perry counties. The impacted waterways include tributaries of the Big Sandy River, Licking River and Kentucky River.

“The Clean Water Act absolutely depends on accurate reporting of pollution discharges. False reporting like this undermines the entire regulatory framework that safeguards the people and waters of Kentucky from dangerous pollution,” said Waterkeeper Alliance attorney Pete Harrison. “By all indications, this case looks like the biggest criminal conspiracy to violate the federal Clean Water Act in the history of that law. The refusal of the U.S. attorney in Lexington and the Environmental Protection Agency to bring criminal cases against Frasure Creek is just as inexcusable as the state’s failure to bring this company into compliance.”

“Once gain we find ourselves in the position of having to take action against Frasure Creek for the exact same type of violations we found four years ago. The Environmental Cabinet says they do not have the personnel to enforce the Clean Water Act. I would add they do not have the will to do so,” said Ted Withrow with Kentuckians For The Commonwealth.

When the citizen groups made those violations public four years ago, the cabinet attributed the false reporting to “transcription errors” and attempted to let Frasure Creek off the hook with minimal fines and no consequences if the violations continued. That case is still pending in Franklin Circuit Court. Though the false reporting stopped for a short time, during those months when accurate monitoring reports were submitted the pollution levels spiked.

“Frasure Creek’s false reports are hiding very serious water pollution problems,” said Kentucky Riverkeeper Pat Banks. “It’s reprehensible that our state officials are ignoring the serious consequences of this illegal activity for the people and the economy of eastern Kentucky.”

“We cannot make an economic transition in eastern Kentucky without clean water for the future,” added Withrow. “More than 28,000 violations of the Clean Water Act cannot be swept under the rug.”

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Mountaintop removal is the 800-pound gorilla at the SOAR Health Impact Series

Thursday, August 14th, 2014 - posted by Erin

If the SOAR initiative is to go beyond political rhetoric, Rep. Hal Rogers and Gov. Steve Beshear must take public concerns about mountaintop removal’s health impacts seriously.

Water polluted by mining in eastern Kentucky. Photos by Appalachian Citizens Enforcement Project via Flickr.

Water polluted by mining in eastern Kentucky. Photos by Appalachian Citizens Enforcement Project via Flickr.

I attended the first Shaping Our Appalachian Region (SOAR) Summit held in Pikeville, Ky., last December. Following Kentuckians For The Commonwealth’s Appalachia’s Bright Future economic development meeting, I was excited at the prospects such a large summit might generate.

As a joint effort between U.S. Representative Hal Rogers (R-Ky.) and Kentucky’s Democratic Governor Steve Beshear, it was clear that SOAR had the power to make real change in eastern Kentucky, but only if those involved had the will.

The results of SOAR following the summit have been mixed so far. Several people have pointed out issues with the process — specifically, the stakeholders most involved in SOAR may not accurately represent the needs and concerns of eastern Kentuckians. Since the summit, my hope for the outcomes of SOAR have waned. But when I learned that the director of the Centers for Disease Control and Prevention (CDC), Dr. Tom Frieden, would be visiting eastern Kentucky as part of the SOAR Health Impact Series, I saw an opportunity for the voices of residents from coal-impacted communities in eastern Kentucky counties to be heard.

Making a Clear Case on Mountaintop Removal and Health

Over the past several years, more than 20 peer-reviewed studies have been published linking a range of health problems including above-average cancer and birth defect rates to the presence of mountaintop removal coal mining. Yet just last month, the Obama administration pulled funding from the U.S. Geological Survey for research underway on air pollution from mountaintop removal and its link to respiratory issues. The need for a serious effort to identify and address health issues related to mountaintop removal in Central Appalachia has never been more clear. Despite this, I was not optimistic that Dr. Frieden and Rep. Rogers would address this need during their visit.

Studies investigating mountaintop removal health impacts have found people living near surface mining are 50 percent more likely to die of cancer.

Studies investigating mountaintop removal health impacts have found people living near surface mining are 50 percent more likely to die of cancer.

Prior to the CDC visit, the SOAR health committee held 11 listening sessions across eastern Kentucky from April through July. Each of the sessions drew an average of more than 20 participants. Although SOAR has thus far limited the role of key community members in leadership positions, the health committee has provided a forum for some community involvement.

The CDC meetings consisted of four sessions — two shorter evening sessions in Somerset and Paintsville, and two longer daytime sessions in Hazard and Morehead. I attended the daytime session in Hazard last Tuesday, where there was standing room only. Several individuals spoke, including Rep. Rogers and several doctors from eastern Kentucky.

As the morning went on, I began to lose hope that environmental concerns would be brought up. Then, Dr. Nikki Stone, the health committee chair and event moderator, spoke about the issues that came up during the listening sessions. She began listing the top 10 concerns that had come up throughout the listening sessions, and much to my surprise, environmental impacts, including air and water pollution from mountaintop removal mines, was the top concern resulting from the listening sessions, tied with a desire for coordinate health programs in public schools.

To be honest, I was stunned. I was so sure that the topic would be avoided at a meeting that attracted so much attention. Suddenly, I was hopeful that the health impacts of mountaintop removal would receive some real attention from those that have the power to address the issue.

Unfortunately, the rest of the meeting quickly turned back to lengthy speeches about taking personal responsibility for one’s own health and an announcement of federal funding for the Appalachian Cancer Patient Navigation Project. The talks left me with the distinct impression that those speaking would rather focus on dealing with the prevalence of disease, rather than preventing it.

The Health Impact Series did not improve later that evening in Paintsville. The closest mention of environmental impacts on health came from Rep. Rogers, who referred to dirty streams but then went on to blame water quality degradation on people dumping and straight piping waste into streams. It seemed once again that it was easier to blame eastern Kentuckians, rather than the industry they have been beholden to for generations.

The Opportunity Ahead

There was a strong press presence at both meetings, which may have salvaged some chance of addressing the impacts of mountaintop removal. According to the Lexington Herald-Leader, when “asked whether he would support having the CDC study the public health effects of mountaintop mining in Central Appalachia, Frieden said the agency ‘only goes where it’s invited.’” Following the disappointing Paintsville meeting, I felt like I had one last opportunity to make the most of the meetings and approached Dr. Frieden fully expecting to be turned away. Instead, he listened carefully for a moment and then directed me to his assistant. I spoke with several CDC employees and was disappointed to find that they were unaware of the multitude of health studies linking health problems to mountaintop removal. They did, however, encourage me to contact them directly for follow up on the issue.

Moving forward, Appalachian Voices and our allies intend to follow up with the CDC, to be sure that they are fully aware of the current research that indicates quite clearly that one of the major health issues we should be concerned about in Central Appalachia is mountaintop removal coal mining. We will be sure that the CDC knows that, at least when it comes to the citizens of eastern Kentucky, the CDC is invited to investigate this pressing issue. We will also be sure that the SOAR Health Committee acts upon its finding that citizens are most concerned about environmental impacts on health, because, as the Herald-Leader stated, “when a congressman and governor invite people to ‘listening sessions,’ there’s an obligation to take what they say seriously.”

Endangered Species are New Focus in Legal Case against Kentucky’s Water Quality Protections and EPA

Wednesday, August 13th, 2014 - posted by eric

Contact
Appalachian Voices: Eric Chance, 828-262-1500, eric@appvoices.org
Kentuckians For The Commonwealth: Suzanne Tallichet, 606-776-7970, stallichet1156@aol.com
Center for Biological Diversity: Tierra Curry, 971-717-6402, tcurry@biologicaldiversity.org
Sierra Club: Adam Beitman, (202) 675-2385, adam.beitman@gmail.com
Defenders of Wildlife: Melanie Gade, (202) 772-0288, mgade@defenders.org
Kentucky Waterways Alliance: Tim Joice, (502) 589-8008, Tim@kwalliance.org

LOUISVILLE, Ky. –
A coalition of national and Appalachian conservation groups today asked the U.S. District Court for the Western District of Kentucky to compel the Environmental Protection Agency (EPA) to protect imperiled wildlife in Kentucky. The groups want the EPA to reassess the dangers posed to wildlife by a new set of water quality standards covering Kentucky’s coal mining and agricultural operations.

In November 2013, the EPA approved the weakening of Kentucky’s water quality standards for selenium, a pollutant commonly released by mountaintop removal coal mines. The EPA also approved Kentucky’s weakened standards for nutrient pollution from agricultural runoff, which causes toxic algae blooms in local bodies of water and depletes the oxygen needed to support most aquatic life. A coalition of conservation groups, including Appalachian Voices, Kentuckians For The Commonwealth, Kentucky Waterways Alliance and Sierra Club, immediately filed suit, asserting that the EPA’s new guidelines are insufficient to protect waterways and wildlife under the Clean Water Act.

Today, two national wildlife conservation groups, Defenders of Wildlife and Center for Biological Diversity, joined the case. The groups assert that, in addition to violating the Clean Water Act, the EPA’s approval of Kentucky’s weakened water quality standards also violates the Endangered Species Act. Under that law, the EPA is required to consult with the U.S. Fish and Wildlife Service to assess the impacts of changed standards on federally listed species. The groups allege that the EPA violated the Endangered Species Act by initiating, but failing to complete, that consultation process.

The groups issued the following statements:

Jane Davenport, senior staff attorney with Defenders of Wildlife:
“Coal mining has devastating impacts on water-dependent wildlife. The new, weaker water quality standards were originally proposed by the coal mining lobby so it’s unfortunate to see the Environmental Protection Agency essentially rubber stamp them without even checking to see how imperiled wildlife would be affected. Implementation of these new standards needs to be put on hold until the EPA fulfills all of its obligations under the Endangered Species Act and Clean Water Act.”

Eric Chance, water quality specialist with Appalachian Voices:
“This weakened selenium standard is basically a handout to the coal industry at the expense of the people and streams of Kentucky. The EPA and state are just making it easier for polluters to get away with poisoning streams. This is a misguided rule at odds with well-established science, existing laws and common sense.”

Tierra Curry, senior scientist at the Center for Biological Diversity and a native of Knott County:
“Kentucky is home to more kinds of freshwater animals than nearly any other state. Keeping the water safe for them will also help protect healthy water quality for people.”

Alice Howell of Sierra Club’s Cumberland (Kentucky) Chapter:
“Mountaintop removal coal mining threatens our health and our environment, including our most vulnerable species. The EPA has acted irresponsibly by approving Kentucky’s dangerously weak standards. It’s time for the courts to intervene and uphold the strong protections required under the Clean Water Act and Endangered Species Act.”

Suzanne Tallichet, state chair of Kentuckians For The Commonwealth:
“KFTC members are concerned with the health and well-being of all species. We all share the planet, so when one species is being harmed, we are all at risk – including people. Kentucky state officials and the EPA should help us strengthen – rather than diminish – our natural resources. Many Kentuckians are working hard to build a brighter future for coal-impacted communities. But that bright future depends on having healthy streams that are necessary for wildlife, tourism, communities, and businesses to thrive. Appalachia’s bright future can’t be built on polluted waterways that are doing damage to fish and wildlife, not to mention local communities. Kentucky deserves better than these weakened water quality standards.”

Judy Petersen, executive director of Kentucky waterways Alliance:
“The selenium pollution allowed under these new rules could impact birds and other wildlife dependent on the bugs and small fish in our waterways. And we’ve already seen the impacts of too many nutrients in our waters. Taylorsville and Barren River Lakes have levels of harmful algae that put them in the moderate health risk for recreational exposure. People can get sick and even dogs and pets could die after swimming in these lakes. We must do a better job protecting our waterways from pollution, and not look to weaken protections.”

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Science vs. Mining

Wednesday, July 30th, 2014 - posted by eric

Fish deformed by selenium pollution

It’s no surprise to folks in coal-impacted communities that surface mining is bad for water quality. Orange streams, devoid of life, litter the landscape. But it would seem to most that this is contrary to many environmental laws, like the Clean Water Act and the Surface Mining Control and Reclamation Act.

Unfortunately these laws are filled with loopholes, and the agencies tasked with enforcing them are usually underfunded and understaffed.

There have been numerous studies over the years showing surface mining’s detrimental effects on the health of nearby people and streams. There are two recent notable studies from the U.S. Geological Survey (USGS) alone. The first was aimed at linking air pollution from mountaintop removal mines to the health problems of nearby residents. Unfortunately, this study will not be completed because its funding has been cut. Earlier this month USGS was able to complete and publish a report that showed streams below mountaintop removal mines have two-thirds fewer fish than those in unpolluted streams. The study also found that selenium pollution is linked to declines in fish populations.

Appalachian Voices has been working to keep the U.S. Environmental Protection Agency and industry from opening new loopholes in our environmental laws that would make it easier to poison streams. Along with a number of our supporters and partner organizations, we recently submitted comments to the EPA on their newly proposed standards for selenium.

Selenium is a mineral commonly discharged from coal mines that is extremely toxic to aquatic life at very low levels. It is also very expensive to remove from water so there have been a number of efforts by the coal industry to get agencies to make the standards more lax. This newly proposed EPA standard will make citizen enforcement harder, and will make it easier for companies to get away with discharging toxic levels of selenium.

The new standards are slightly weaker than the selenium standards EPA tried, but failed, to adopt in 2004. A large number of scientists and even other federal agencies came out in opposition to those standards because they were too weak. The U.S. Fish and Wildlife Service, for example, told the EPA that “Based on a large body of scientific evidence, the Service believes these criterion values will not protect federally listed fish and wildlife species. Furthermore, the service believes these values are not even sufficient to protect the aquatic life for which the criteria were developed.”

>> See our comments here and here
>> Look through all the comments here

Take Action: Protect Appalachian Streams from Toxic Selenium

Wednesday, June 11th, 2014 - posted by eric

The U.S. Environmental Protection Agency recently proposed new national recommended water quality criteria for selenium. Because these new standards are weaker and more complex than the current standards, they pose a major threat to the health of streams in coal-impacted communities.

Selenium is a pollutant released from many mountaintop removal coal mines in Appalachia that is extremely toxic to fish at very low levels. Over time, it builds up in fish and other aquatic organisms leading to reproductive failure, deformities and death.

The EPA’s proposed standards are too weak to be protective of aquatic life. Studies have shown negative effects of selenium at levels half as high as the fish tissue standards proposed by the agency. These standards are even weaker than those proposed by the EPA in 2004, which were withdrawn after public comments from agencies and scientists demonstrated that they would not protect aquatic life.

A table of current and proposed EPA selenium standards. Click to enlarge.

By partially basing the standards on fish tissue sampling, the EPA has created a significant burden for citizens and agencies trying to enforce the limits on selenium pollution. Fish tissue sampling will be more expensive and time consuming, and it will require special permits for collecting fish. This is especially problematic in Appalachia, where selenium standards have primarily been enforced through citizen actions. These standards will be more difficult to enforce, and will just lead to more streams being degraded.

Tell the EPA not to weaken Selenium Standards

Please take a few minutes to email ow-docket@epa.gov with the subject line “Attention Docket No. EPA-HQ-OW-2004-0019”, and let them know that we need strong water based standards for selenium, that will protect all aquatic life. The comment period has been extended through July 28, 2014.

Science-backed lawsuits protect clean water in Central Appalachia

Tuesday, June 10th, 2014 - posted by Sarah Caldwell

A citizen’s photo of sediment from George’s Fork entering the South Fork Pound River

On Thursday, June 5, the U.S. District Court for the Southern District of West Virginia ruled that high levels of conductivity in water discharged from mountaintop removal mines are harmful to West Virginia streams.

The Sierra Club issued a press release that calls the ruling a “landmark decision” and quotes the district court’s decision that, “Losing diversity in aquatic life, as sensitive species are extirpated and only pollution-tolerant species survive, is akin to the canary in a coal mine. These West Virginia streams … were once thriving aquatic ecosystems.”

The ruling comes at a pivotal time for citizen action groups engaging in litigation under the Clean Water Act. The same day of the court’s ruling on conductivity, citizen groups including Appalachian Voices filed a suit in Virginia arguing that four mines owned by Red River Coal Company had failed to comply with a state-imposed Total Maximum Daily Load (TMDL) plan for the South Fork Pound River.

The South Fork Pound TMDL stipulates the level of total dissolved solids (TDS) and total suspended solids (TSS) the river can tolerate, while still protecting aquatic life. Mines that discharge into the South Fork Pound watershed are given waste load allocations (WLAs) for their contribution of TDS and TSS. Our case against Red River Coal argues that data from company water monitoring indicates that they have exceeded WLAs for the South Fork Pound River.

At a first glance, these two cases seem to be only distantly related, but with a closer look and some basic science, it becomes clear that they are actually incredibly similar.

Conductivity is the measurement of the ability of a material to conduct electricity. In the case of water, the more positive and negative ions in the water, the more conductive it becomes. TDS measures the concentrations of dissolved ions in the water, so the higher the TDS, the higher the water’s electrical conductivity.

When water has been discharged from a surface mine, it often runs through valley fills and other areas where heavy metals have been disturbed. Dr. Anthony Timpano of the Virginia Water Research Center authored a paper that explores the effects of high levels of TDS on aquatic life. Timpano states that streams impacted by coal pollution can often have a TDS greater than 2000 mg/L. A normal stream should have a TDS of less than 200 mg/L. Ions that typically contribute to high TDS levels include calcium, magnesium, sodium, potassium, chloride, bicarbonate and sulfate. Sulfate has been shown to have deadly effects on aquatic life.

Another theme present in both of these cases is the lack of state oversight and enforcement for water pollution violations in coal-impacted communities. These lawsuits were filed by citizen groups that advocate for clean water in areas where industry is often favored over local communities. The West Virginia Department of Environmental Protection and Virginia’s Department of Mines, Minerals and Energy failed to hold Alex Energy, Elk Run Coal Company, and Red River Coal Company accountable. Instead, citizens have stepped up to the job.

Appalachian Voices’ Water Quality Specialist Eric Chance hits the nail on the head, saying, “Unfortunately, it takes lawsuits like this one to get the Department of Mines, Minerals and Energy to do its job and enforce existing laws that were created to protect the health of people and streams.”

Another coal-related chemical spill in Central Appalachia

Monday, June 9th, 2014 - posted by Erin

Hundreds of fish were killed by a chemical released into Kentucky’s Clover Fork River by Cumberland Coal Company. Photos by Alex DeSha, Sierra Club

On Friday, May 30, another coal-related chemical spill polluted a public waterway in Central Appalachia, killing hundreds of fish and alarming local residents.

The chemical spill happened at a Cumberland Coal Company prep plant in Harlan County, Ky. This time, the spill was not of coal slurry or a coal-washing chemical, but of a flocculant — a type of compound usually used to control other substances in sediment ponds or clean up spilled material in creeks.

Reminiscent of the slurry spill from the Patriot prep plant in February, this spill began when a pipe carrying slurry between the prep plant and an impoundment failed. This time, however, the slurry was contained by the facility’s sediment ponds. Due to concerns about the slurry entering the river, a flocculent called Praestol A6291 was used to help settle the spilled material and prevent it from leaving the pond.

Unfortunately, too much of the chemical was used, causing it to spill into Kelly’s Branch, a tributary of the Clover Fork River. This particular flocculant is toxic to aquatic life and it killed hundreds of fish and other wildlife in the Clover Fork in the days following the spill.

Dead fish in the Clover Fork River. Photo: Alex DeSha, Sierra Club

The Harlan County Emergency Management was notified first, but the state Division of Mine Reclamation and Enforcement was not notified until the next day. When DMRE arrived, there was no evidence that any coal slurry spilled into the creek and water samples taken at that time complied with applicable mining laws. Unfortunately, it does not seem that water samples were taken on the day the spill occurred.

Dead fish in the Clover Fork River. Photo: Alex DeSha, Sierra Club

A Kentucky Fish and Wildlife employee told a local reporter that the chemical spilled was not harmful to humans. However, the material data safety sheet lists two components of this particular Praestol that are known carcinogens in laboratory animals: diethanolamine and coco diethanolamide. Thankfully, this spill was not near a drinking water intake. Still, local residents expressed a great level of concern about both their own safety and the loss of local wildlife.

Cumberland Coal Company has already been cited for a violation of general hydrologic compliance. Although fines cannot erase the damage done to a community and an ecosystem, hopefully further investigation will result in sufficient fines to compel Cumberland and other companies to prevent future spills. They have been, and remain, far too commonplace.

Groups Seek Protection of Virginia Waterways from Mining Pollution

Thursday, June 5th, 2014 - posted by eric


Red River Coal Co. Violating “Last Line of Defense” Clean Water Act Protections

Contact:
Eric Chance, Appalachian Voices, 828-262-1500 eric@appvoices.org
Sean Sarah, Sierra Club, 202-548-4589 sean.sarah@sierraclub.org
Matt Hepler, Southern Appalachian Mountain Stewards, 540-871-1564 mhepler24@gmail.com

Big Stone Gap, VA –Citizen and environmental groups today filed suit in federal court over illegal water pollution from four mines in Southwest Virginia owned by the Red River Coal Company. Virginia regulators previously determined that the South Fork Pound River, which receives the pollution from the mines, does not adequately support aquatic life. To protect the streams, Virginia imposed a “Total Maximum Daily Load” (TMDL) for mining pollutants that harm aquatic life, including total dissolved solids and total suspended solids.

Appalachian Voices, Sierra Club and Southern Appalachian Mountain Stewards filed the case in the U.S. District Court for the Western District of Virginia. The groups found that Red River is violating its permit conditions that require compliance with the state TMDL.

“These mountain streams in southwest Virginia were once known for their purity and served as a habitat for diverse species of aquatic life, but mining pollution’s changed that,” said Jane Branham of Southern Appalachian Mountain Stewards. “It is shameful that citizens must take action to address this issue, but with the failure of the Department of Mines, Minerals, and Energy to oversee and enforce laws that protect our waterways, we are left with no other choice.”

“Every coal mine in Virginia has to get a permit that limits the amount of pollution it can release, but still many streams below these mines are unsafe to fish and swim in,” said Eric Chance, water quality specialist for Appalachian Voices. “Sometimes it takes lawsuits like this one to get the state Department of Mines, Minerals, and Energy to do its job and enforce existing laws that were created to protect the health of people and streams.”

“This case highlights the failure of state regulators to stop the damaging pollution from mountaintop removal mines in our state, even after they’ve recognized the harm that pollution is causing,” said Glen Besa, Virginia Director of the Sierra Club. “Coal companies cannot police themselves and the Department of Mines, Minerals, and Energy is no help, so we feel compelled to take action in order to protect our precious streams and rivers from mining pollution.”

TMDLs are essentially the last line of defense against mountaintop removal mining pollution. Mountaintop removal mines generate high levels of total dissolved solids, which is often measured as conductivity. The Environmental Protection Agency has conducted scientific studies that found high levels of conductivity, dissolved solids, and sulfates are a primary cause of water quality impairments” downstream from valley fills and other mining operations.

The three groups filing today’s suit are represented by Isak Howell, Joe Lovett and Ben Luckett of Appalachian Mountain Advocates.

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EPA Proposal for Toxic Coal Pollutant Won’t Protect Clean Water

Thursday, May 15th, 2014 - posted by eric

Contact:
Eric Chance, Water Quality Specialist, 828-262-1500, eric@appvoices.org
Erin Savage, Water Quality Specialist, 828-262-1500, erin@appvoices.org
Cat McCue, Communications Director, 434-293-6373, cat@appvoices.org

Washington, D.C. – Yesterday, the U.S. Environmental Protection Agency released a draft of new national water quality standards for selenium, a toxic pollutant discharged from many mountaintop removal coal mines and coal ash ponds. Even at very low concentrations, selenium is extremely toxic to fish, causing physical deformities and reproductive failure.

EPA is proposing a more complicated system for measuring selenium. Currently, the recommended standard for selenium consists of a four-day average concentration in water of 5 parts per billion (ppb). As proposed, the new rule will primarily rely on testing for the pollutant in fish tissue, a more complex method of monitoring than stream water testing. The complexity of this new standard will make it more difficult and expensive to implement for state agencies, industries, and concerned citizens.

The new standard does include water-based testing, but increases the recommended testing period from four days to 30 days. The new standard can be adjusted for fewer days of testing, if necessary. Under that provision, the new allowable selenium concentration for a four-day time period would be seven times higher than the current standard.

A statement from Appalachian Voices Water Quality Specialist Eric Chance:

“This new selenium standard is a step backwards. The scientific community has been fairly clear for some time that the current standards were too weak, but this newly proposed standard will actually allow more selenium pollution, not less. Headwater streams below mountaintop removal coal mines in Appalachia, and the people who depend on that water, are going to suffer from this decision.”

“This new rule would make it almost impossible for citizens to exercise their rights under the Clean Water Act to protect waters they care about. Citizens would be required to collect seven times as many water samples as they do now, or they’d have to collect fish to analyze which generally requires a special permit.”

“Fish tissue standards are good for measuring the effects of selenium on fish but they don’t take into account effects on other species like birds, and they are nearly impossible to translate into limits on a Clean Water Act permit for a coal mine that discharges selenium. For these reasons, we are glad to see that EPA has included water-based standards as well, but they aren’t strong enough.”

EPA is collecting public comments on this proposed rule until June 13, 2014. Those wishing to submit comments can email ow-docket@epa.gov with the subject heading: “Attention Docket No. EPA–HQ–OW–2004–0019.”

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Appalachian Voices is an award-winning, environmental non-profit committed to protecting the natural resources of central and southern Appalachia, focusing on reducing coal’s impact on the region and advancing our vision for a cleaner energy future. Founded in 1997, we are headquartered in Boone, N.C. with offices in Charlottesville, Va.; Knoxville, Tn. and Washington, D.C