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Earlier today Appalachian Voices and a number of partner organizations sued the EPA over their approval of Kentucky’s new, weaker standard for selenium pollution.
Selenium is extremely toxic to fish, and causes deformities and reproductive failure at extremely low levels. The pollutant is commonly discharged from coal mines and coal ash ponds, but currently Kentucky does not regulate its discharge from these facilities.
These new standards were proposed at the behest of coal industry groups, likely motivated by citizen groups’ success at requiring companies in other states to clean up their selenium pollution. We have also seen the state governments of Virginia and West Virginia take steps towards making similar rollbacks to their own standards, making the EPA’s approval of Kentucky’s weakened standards even more alarming.
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Thursday, December 5th, 2013 | Posted by Sarah Kellogg | 4 Comments
Coal ash, the toxic waste produced by coal-fired power plants continues to plague communities across the country. A new study, conducted by Dr. Dennis Lemly, research associate professor of Biology at Wake Forest University and a leading expert on selenium poisoning, found that selenium from coal ash discharges into Sutton Lake near Wilmington, N.C., is killing more than 900,000 fish each year and causing deformities in thousands more. (more…)
Read More ...Wednesday, November 27th, 2013 | Posted by Tom Cormons | 4 Comments
Friday, November 15th, 2013 | Posted by Erin Savage | 3 Comments
Just today, after several months of delays, the U.S. Environmental Protection Agency announced its decisions on the Kentucky Department of Water’s (DOW) amendments to the Kentucky Water Quality Regulations. Unfortunately, the EPA has approved substantive changes to the selenium freshwater chronic standard that will not adequately protect aquatic life and will be difficult, if not impossible to enforce at mountaintop removal coal mining sites throughout eastern Kentucky.
In theory, states review their water quality standards every three years in an effort to make sure these standards are up-to-date with current science and are protective of aquatic life. In some cases, however, the review becomes an opportunity for special interests to influence state agencies. This year, under pressure from the coal industry, the Kentucky DOW proposed to weaken selenium standards. Standards are used to set permit limits for industries that may discharge pollutants into public waterways. Though some mines in Kentucky are known to discharge selenium into streams, the Kentucky general permit for valley fills does not currently include selenium permit limits.
Selenium is a naturally occurring element that can be released into streams through mountaintop removal coal mining. Once in the water, selenium bioaccumulates in fish and other aquatic life, increasing in concentration up the food chain. Selenium is toxic to aquatic life at very low levels. For these reasons, Appalachian Voices and our allies have been working to challenge Kentucky’s proposed selenium standards.
Kentucky DOW proposed to raise the acute selenium standard from 20 ug/L in the water column to 258 ug/L in the water column. They also proposed changing the chronic standard of 5 ug/L to a more complicated system where a level of 5 ug/L in the water column would not be enforceable, but instead would trigger the need to sample fish tissue. The new chronic standard would be 8.6 ug/g in fish tissue, or 19.2 ug/g in egg/ovary tissue. The 5 ug/L water concentration would only be an enforceable limit if no fish were available for sampling.
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Friday, August 23rd, 2013 | Posted by | No Comments
By Nolen Nychay
Editorial intern, Fall 2013
Researchers at Duke University’s Nicholas School of the Environment identified three unique isotopes, or irregularly formed elements, that seem to have a direct correlation with mountaintop removal coal mines. The isotopes identified were sulfate, strontium, and inorganic carbon — all occur naturally but are found in unusually high concentrations adjacent to mountaintop removal sites.
Dr. Avner Vengosh, a professor of geochemistry at Duke and author of the new study, believes that measuring these isotopes can not only help identify the degree of contamination within watersheds, but also determine how much of the contamination is directly affiliated with mountaintop removal.
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Thursday, July 25th, 2013 | Posted by Erin Savage | 3 Comments
In February, we wrote about the new selenium water quality standards being proposed by the Kentucky Division of Water and urged concerned citizens to express their concern to the state. Now, Kentucky has gone ahead with its proposal, submitting the new standards to the EPA for review. While the EPA may deny Kentucky’s proposed standards, concerns are growing that the EPA, influenced by states beholden to their mining industries, may release its own inadequate standard. That is why we are urging people to tell EPA to stop Kentucky, and to require strong, enforceable standards in every state.
Selenium is of particular concern in Kentucky and other Central Appalachian states because it is often released into streams through mountaintop removal coal mining and is toxic to aquatic life at very low levels. Even though many high-selenium coal seams are mined in Kentucky, companies typically claim there will be no selenium discharge when first applying for a permit, so that the pollutant is not included on the permit. Selenium has rarely been included on mining permits in Central Appalachia, effectively allowing companies to avoid monitoring or treating it, unless citizens force them to with lawsuits. A recent victory in a lawsuits over illegal selenium discharges from a Virginia surface mining operation indicates that selenium pollution is a widespread problem at mountaintop removal mines across Central Appalachia.
Kentucky has faced increased pressure from citizens and the EPA to include selenium standards on pollution discharge permits, so that water quality is adequately protected. Unfortunately for the coal companies, selenium is expensive to treat and difficult to keep out of streams impacted by surface mining in high-selenium coal seams. Adding selenium to permits would mean that many coal companies have to start paying for a much larger portion of the damage they create. It appears that the state is helping coal companies find a way to avoid responsibility for selenium discharges. By increasing the legal limit of selenium allowed in streams and including fish tissue-based standards that are difficult, if not impossible to enforce, the state will allow many companies to continue to skirt their responsibility to the land and the people of Kentucky.
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