Are state authorities fumbling the coal ash spill and its aftermath? Plus more news, this week in CIB:
Executive Watch: Coal Ash Cover-Up?
About a week ago, a collapsing pipe draining the coal ash storage pond at the old Dan River coal power plant set loose what appears now to be the third-worst coal ash spill in American history. Public and private testers are still scrambling to measure the extent of the damage to the river and wildlife, and checking for threats to drinking water and human health.
The Groundhog Day Disaster released as much as 82,000 tons of coal ash including arsenic, lead, mercury, and radioactivity into the Dan River – a volume that would fill 677 rail cars. The 53-year-old ash pits had dilapidated stormwater pipes known to be leaking since EPA inspections in 2009. Owner Duke Energy waited over a day after discovering the massive spill before it reported it to the public. More here.
In the aftermath of the spill itself, and while the extent of the disaster is still unfolding, questions are being raised about why it took the state so long to notify the public. Even worse, is the state now trying to under-report the degree of contamination by manipulating its testing sites? Conservationists and other public watchdogs (including the media) are concerned.
According to the Waterkeeper Alliance and Yadkin Riverkeeper, sampling and analysis of water immediately downstream from the spill found “extremely high levels of arsenic, chromium, iron, lead and other toxic metals typically found in coal ash.” More here.
Sampling by the state Dept. of Environment and Natural Resources (DENR) and Duke Energy, taken two miles downstream from the spill site, reportedly show “safe” levels of contaminants. Critics are not reassured.
In fact, some are pointing to two major spills in the state within a week’s time – the other was a major spill of raw sewage into the Haw River near Burlington – both with delayed notification to the public, as pointing out a disturbing pattern of reluctance to advise the public of health risks.
NCLCV executive director Carrie Clark said in a message to contacts last week, “While the agencies involved argue they followed proper procedure, they put the health of unknowing citizens at risk [by delaying public notification of the spills].”
The coal ash spill and its timing serve to dramatically underscore the need for action on this issue at the state and federal levels. Conservationists point out that it’s past time for the adoption by EPA of rules demanding better safeguards for ash storage, as well as action to clean up pollution already out there. (Last week, CIB reported on EPA’s agreement, under court order, to finalize this year its first rules on disposal of coal ash as toxic waste.)
Moreover, the spill and the state’s handling of it shine a new spotlight on the consequences of the McCrory Administration’s determination to downsize our pollution control watchdogs – and pull their teeth by turning them into so-called “business-friendly” lapdogs, whose role is to say ‘yes’ as quickly as possible to whatever an industry requests.
Millions of pounds of spreading gray sludge in the Dan River remind us of the consequences of such follies.
Administrative Watch: MEC Approves Fracking Setbacks
The state Mining and Energy Commission (MEC) has approved specific setback distances for fracking operations from residences, wells, streams, wetlands and flood plains. The longest setbacks, 650 feet, are from homes and water wells. Setbacks of 200 feet will be required from streams, wetlands, and flood plains. The new rules were approved on a 10-1 vote, with commissioner Charles Holbrook, retired from the Chevron Corporation, as the dissenter–criticizing the rules as too strict. More here.
As with all the other fracking rules being developed, the legislature will have the final say. More details on the MEC and the fracking rules development process can be found here.
NCLCV Enforcement Program Director Robin Smith reports that the January MEC meeting also discussed the latest legislative acceleration of the rules development process. Some members expressed concern that the commission is being required to send to public hearing rulemaking proposals before the statutory authority is in place for the rules’ adoption.
Washington Watch: Farm Bill Boosts Conservation Programs
The U.S. Senate passed and President Obama signed into law last week the long-delayed federal farm bill, a trillion-dollar bill of which the bulk goes to pay for food stamps and nutritional support. The legislation adopted this year will fund federal agricultural programs and guide their policies for the next five years.
Of special interest to conservationists, the bill also guides and funds agricultural programs and policies related to land conservation. Among the bill’s key provisions, it re-establishes the requirement for farms that receive subsidies to follow a series of conservation measures in their practices, including wetlands protections. It also provides $56 billion for conservation programs, including funding for land trusts, soil conservation, habitat protection and wildlife conservation. A statement from the National Wildlife Federation called it “overall…a very strong bill”.
Campaign Watch: LCV Action Fund Hosts Hagan Event
The national League of Conservation Voters Action Fund (LCVAF) will host an event for U.S. Sen. Kay Hagan on February 17 in Raleigh at the home of past NCLCV president Nina Szlosberg-Landis and Kel Landis. Other sponsors of the event include the Environmental Defense Action Fund PAC. The Hagan Senate seat contest is considered by many analysts to be the most likely “tipping point” race this year for control of the U.S. Senate.
In a written statement, LCVAF president Gene Karpinski said, “As a U.S. Senator, Hagan has been an advocate for public lands, cosponsoring the Land and Water Conservation Authorization and Funding Act of 2013, introducing bipartisan legislation to protect thousands of acres around the Blue Ridge Parkway, and sponsoring the Community Parks Revitalization Act.” Karpinski also cited Hagan’s votes against unwisely located offshore drilling, and for ending tax subsidies to oil companies.
LCVAF is the connected federal political action committee of the League of Conservation Voters. More info on LCVAF can be found here.
Conservationists: Kingerys Recognized for Energy Leadership
Maria and Bob Kingery, founders of Southern Energy Management (SEM) were honored recently with Energy Leadership Awards for 2014 by the Charlotte Business Journal. SEM, founded in 2001 and based in Morrisville, specializes in solar energy systems and efficiency efforts for homes and businesses. Maria Kingery is also the president of NCLCV.
That’s our report for this week.
