Waterkeepers Take Legal Action to Stop Toxic Coal Ash from Contaminating Groundwater

Waterkeeper Alliance
Conservation groups today asked the N.C. Environmental Management Commission (EMC) to require Progress Energy Carolinas and Duke Energy Carolinas to clean up groundwater contaminated by old, unlined coal ash lagoons at 14 coal-fired power plants that have been leaking toxic substances for decades. Coal ash is the toxic waste that remains after coal is burned. The Southern Environmental Law Center filed the complaint with the EMC on behalf of the Cape Fear River Watch, Sierra Club, Waterkeeper Alliance and Western North Carolina Alliance.
“It’s irresponsible to North Carolina’s families that utilities know coal ash slurry is seeping poisons into groundwater and rivers without cleaning it up,” said DJ Gerken, senior attorney at the Southern Environmental Law Center who represents the groups in today’s filing.
Self-monitoring by Progress Energy Carolinas confirms that contamination around its coal ash waste ponds at its Asheville and L. V. Sutton facilities exceeded state standards for groundwater quality. Progress and Duke Energy Carolinas’ own reporting also confirms contamination at 12 other facilities across the state. Despite the acknowledged contamination, the North Carolina Department of Environment and Natural Resources has not required the utilities to cleanup these sites. Today’s filing asks the state to take decisive action to protect North Carolina’s residents.
“Burning coal leaves behind toxic pollutants in coal ash which have the potential to damage every major organ in our bodies. In Asheville and around the state, residents deserve protection from leaking coal ash lagoons,” said Kelly Martin, Beyond Coal campaign representative with the Sierra Club. “It’s time for Duke and Progress to clean up its waste.”
Among the coal waste contaminants that exceeded state standards in groundwater at the Asheville plant near the French Broad River and L.V. Sutton plant near the Cape Fear River are thallium and selenium. Thallium is a poison and suspected to cause cancer in people. Additionally, thallium is highly water-soluble and nearly tasteless, making it difficult to detect in groundwater and hard for residents to identify its presence and protect themselves. In high amounts, selenium causes illness and neurological damage in people, even death in extreme cases.
“The celebration of the French Broad River as a world-class recreation destination is well deserved,” said French Broad Riverkeeper Hartwell Carson. “Progress Energy needs to hear from all of us that our community embraces a future for the French Broad River as a world-class recreation destination—and that we no longer want to see it used as a dumping ground for toxic coal ash.”
“Groundwater monitoring at the Sutton coal ash ponds show arsenic levels 27 times higher than safe groundwater standards, just half a mile from drinking water wells,” said Kemp Burdette, Cape Fear Riverkeeper at the Cape Fear River Watch. “The risk to human health is too great to ignore any longer.”
Arsenic levels exceeded state groundwater standards at the Sutton plant on the Cape Fear River. Epidemiological studies have suggested a correlation between chronic consumption of water contaminated with arsenic and the incidence of cancer and many leading causes of death.
"Years ago, I found 681 exceedances of the North Carolina groundwater standard for arsenic, boron, cadmium, chloride, chromium, iron, lead, manganese, pH, sulfate and total dissolved solids at ash ponds across NC," said Donna Lisenby of Waterkeeper Alliance. "Levels of these pollutants were up to 380 times higher than the North Carolina groundwater standard, yet Duke and Progress completely failed to take any meaningful steps to clean up their toxic water pollution. Today, we acted to safeguard the health of our communities and waterways by demanding that the state of NC force these irresponsible utilities to clean up the poisons they put in our groundwater.”
Progress Energy Carolinas and Duke Energy Carolinas confirmed contamination from older coal ash waste ponds at 14 of their facilities across the state, including:
- L.V. Sutton Power Station in Wilmington, NC near Lake Sutton and the Cape Fear River
- Asheville Power Station in Arden, NC near the French Broad River and Lake Julian
- Allen Steam Station in Belmont, NC near the Catawba River and Lake Wylie
- Belews Creek Steam Station in Belews Creek, NC near the Dan River and Belews Lake
- Buck Steam Station in Spencer, NC near the Yadkin River
- Cliffside Steam Station in Mooresboro, NC near the Broad River
- Dan River Steam Station in Eden, NC near the Dan River
- Marshall Steam Station in Terrell, NC near the Catawba River and Lake Norman
- Riverbend Steam Station in Mount Holly, NC near the Catawba River and Mountain Island Lake
- Cape Fear Power Station in Moncure, NC near the Cape Fear River
- Lee Power Station in Goldsboro, NC near the Neuse River
- Mayo Power Station in Roxboro, NC near Mayo Creek, Mayo Reservoir, Crutchfield Creek, and Roanoke Basin
- Roxboro Power Station in Semora, NC near the Hyco River, Hyco Lake, and Sargent’s Creek
- W.H. Weatherspoon Power Station in Lumberton, NC near Jacob Swamp and Lumber River
Coal ash waste ponds came to national attention on Dec. 22, 2008 when a dam burst at the TVA Kingston Fossil Plant and spilled coal ash waste slurry through nearby homes and into the Emory River in Tennessee. Today, toxic coal ash waste still remains less regulated than household waste.
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About Southern Environmental Law Center - The Southern Environmental Law Center is a regional nonprofit using the power of the law to protect the health and environment of the Southeast (Virginia, Tennessee, North and South Carolina, Georgia, and Alabama). Founded in 1986, SELC's team of more than 50 legal and policy experts represent more than 100 partner groups on issues of climate change and energy, air and water quality, forests, the coast and wetlands, transportation, and land use.
About Sierra Club - The Sierra Club is America's largest and most influential grassroots environmental organization, with more than 1.4 million members and supporters nationwide. The Sierra Club works to to safeguard the health of our communities, protect wildlife, and preserve our remaining wild places through grassroots activism, public education, lobbying and litigation.
About Waterkeeper Alliance - Waterkeeper Alliance unites more than 200 Waterkeeper organizations that are on the front lines of the global water crisis patrolling and protecting more than 1.5 million square miles of rivers, lakes and coastlines in the Americas, Europe, Australia, Asia and Africa. Waterkeepers emphasize citizen advocacy to defend the fundamental human right to swimmable, drinkable, and fishable waters, and combine firsthand knowledge of their waterways with an unwavering commitment to the rights of their communities and to the rule of law.
About Western North Carolina Alliance - For 30 years, the Western North Carolina Alliance (WNCA) has been a trusted community partner, marshaling grassroots support to keep our forests healthy, our air and water clean, and our communities vibrant. WNCA empowers citizens to be advocates for livable communities and the natural environment of Western North Carolina.
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How to Stay Safe With a More Contagious Coronavirus Mutation on the Loose
By Suresh Dhaniyala and Byron Erath
A fast-spreading variant of the coronavirus that causes COVID-19 has been found in at least 10 states, and people are wondering: How do I protect myself now?
Airborne Particles Are Still the Biggest Problem
<p>The <a href="https://theconversation.com/why-it-matters-that-the-coronavirus-is-changing-and-what-this-means-for-vaccine-effectiveness-152383" target="_blank" rel="noopener noreferrer">SARS-CoV-2 variants</a> are believed to spread primarily through the air rather than on surfaces.</p><p>When someone with the coronavirus in their respiratory tract coughs, talks, sings or even just breathes, infectious respiratory droplets can be expelled into the air. These droplets are tiny, predominantly in the range of <a href="https://www.sciencedirect.com/science/article/pii/S0021850211001200?casa_token=KtyrsEfbeqcAAAAA:vv10sSxm33tzg0EQvNMIFtV7GCu5gE9QAzuyzHKr2_4Cl0OFkUJoGwzn4d0ZnEWS19NsOTuH" target="_blank" rel="noopener noreferrer">1-100 micrometers</a>. For comparison, a human hair is about 70 micrometers in diameter.</p><p>The larger droplets fall to the ground quickly, rarely traveling farther than 6 feet from the source. The bigger problem for disease transmission is the tiniest droplets – those less than 10 micrometers in diameter – which can remain suspended in the air as aerosols for <a href="https://academic.oup.com/cid/article/50/5/693/325466" target="_blank">hours at a time</a>.</p><span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="bb67b83dcafe589f350daf3df60fa29d"><iframe lazy-loadable="true" src="https://www.youtube.com/embed/UNCNM7AZPFg?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span>
Daily case reports and 7-day rolling average as of Jan. 16, 2021.Chart: The Conversation, CC-BY-ND Source: COVID Tracking Project Get the data
What Can You Do to Stay Safe?
<p>1) Pay attention to the type of face mask you use, and how it fits.</p><p>Most off-the-shelf face coverings are not 100% effective at preventing droplet emission. With the new variant spreading more easily and likely infectious at lower concentrations, it's important to select coverings with materials that are most effective at stopping droplet spread.</p><p>When available, N95 and surgical masks consistently perform the best. Otherwise, face coverings that use <a href="https://www.sciencedirect.com/science/article/pii/S2352431620301802?casa_token=-Dj6nGBAm24AAAAA:qq9BpbzCKaPDFcV73ohA2fCnhE_Zlkss6Bei3kUwq9QYndhHj0Vafbbd-ef_855lx6knDfUt" target="_blank">multiple layers of material</a> are preferable. Ideally, the material should be a tight weave. High thread count cotton sheets are an example. Proper fit is also crucial, as gaps around the nose and mouth can <a href="https://pubs.acs.org/doi/10.1021/acsnano.0c03252" target="_blank" rel="noopener noreferrer">decrease the effectiveness by 50%</a>.</p><p>2) Follow social distancing guidelines.</p><p>While the current social distancing guidelines are not perfect – <a href="https://theconversation.com/what-a-smoky-bar-can-teach-us-about-the-6-foot-rule-during-the-covid-19-pandemic-145517" target="_blank" rel="noopener noreferrer">6 feet isn't always enough</a> – they do offer a useful starting point. Because aerosol concentrations levels and infectivity are highest in the space immediately surrounding anyone with the virus, increasing physical distancing can help reduce risk. Remember that people are infectious <a href="https://medical.mit.edu/faqs/COVID-19#faq-10" target="_blank" rel="noopener noreferrer">before they start showing symptoms</a>, and they many never show symptoms, so don't count on seeing signs of illness.</p><p>3) Think carefully about the environment when entering an enclosed area, both the ventilation and how people interact.</p><p>Limiting the size of gatherings helps reduce the potential for exposure. Controlling indoor environments in other ways can also be a highly effective strategy for reducing risk. This includes <a href="https://theconversation.com/what-a-smoky-bar-can-teach-us-about-the-6-foot-rule-during-the-covid-19-pandemic-145517" target="_blank" rel="noopener noreferrer">increasing ventilation rates</a> to bring in <a href="https://theconversation.com/keeping-indoor-air-clean-can-reduce-the-chance-of-spreading-coronavirus-149512" target="_blank" rel="noopener noreferrer">fresh air and filtering existing air</a> to dilute aerosol concentrations.</p><p>On a personal level, it is helpful to pay attention to the types of interactions that are taking place. For example, many individuals shouting can create a higher risk than one individual speaking. In all cases, it's important to minimize the amount of time spent indoors with others.</p><p>The CDC has warned that B.1.1.7 could <a href="https://www.cdc.gov/mmwr/volumes/70/wr/mm7003e2.htm?s_cid=mm7003e2_w" target="_blank" rel="noopener noreferrer">become the dominant SARS-CoV-2 variant</a> in the U.S. by March. Other fast-spreading variants have also been found in <a href="https://virological.org/t/genomic-characterisation-of-an-emergent-sars-cov-2-lineage-in-manaus-preliminary-findings/586" target="_blank" rel="noopener noreferrer">Brazil</a> and <a href="https://www.who.int/csr/don/31-december-2020-sars-cov2-variants/en/" target="_blank" rel="noopener noreferrer">South Africa</a>. Increased vigilance and complying with health guidelines should continue to be of highest priority.</p>- FDA Approves First In-Home Test for Coronavirus - EcoWatch ›
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By Tara Lohan
A key part of the United States' clean energy transition has started to take shape, but you may need to squint to see it. About 2,000 wind turbines could be built far offshore, in federal waters off the Atlantic Coast, in the next 10 years. And more are expected.
Threats to Birds
<p>One of the gravest threats facing birds is climate change, according to Audubon, which found that rising temperatures threaten <a href="https://www.audubon.org/2019climateissue" target="_blank" rel="noopener noreferrer">nearly two-thirds of North America's bird species</a>. That's why the impending development of offshore wind is a good thing, says Shilo Felton, a field manager in the organization's Clean Energy Initiative, but it also comes with dangers to birds that need to be better studied and mitigated.</p><p>The most obvious risk comes from birds colliding with spinning turbine blades. But offshore wind developments can also displace birds from foraging or roost sites, as well as migratory pathways.</p><p>Along the Atlantic Coast four imperiled species are of top concern to conservationists: the endangered piping plover, red knot, roseate tern and black-capped petrel, which is being considered for listing under the Endangered Species Act.</p><p>"Those four species are of utmost importance to make sure that we understand the impacts," says Felton. "But beyond that there are many species that are protected under the Migratory Bird Treaty Act and the Fish and Wildlife Conservation Act that could potentially see more impacts from offshore wind."</p><p>Northern gannets, for example, are at risk not just for collision but <a href="https://www.researchgate.net/publication/308703197_Possible_impacts_of_offshore_wind_farms_on_seabirds_a_pilot_study_in_Northern_Gannets_in_the_southern_North_Sea" target="_blank">habitat displacement</a>.</p>A northern gannet flying along Cape May, N.J. Ann Marie Morrison / CC BY-NC-ND 2.0
<p>"There's <a href="https://www.sciencedirect.com/science/article/abs/pii/S0006320716303196" target="_blank">some evidence</a> that they just won't use areas where turbines are, but that also excludes them from key foraging areas," says Felton. Researchers are still studying what this may mean for the birds. But a <a href="https://www.sciencedirect.com/science/article/pii/S0141113620305304" target="_blank">study</a> published in December 2020 conducted at Bass Rock, Scotland — home to the world's largest northern gannet colony — found that wind developments could reduce their growth rate, though not enough to cause a population decline.</p><p>Other birds, such as great cormorants and European shags, are <a href="https://www.sciencedirect.com/science/article/abs/pii/S0006320716303196" target="_blank">attracted to wind developments</a> and use the infrastructure to rest while opening up new foraging areas farther from shore.</p><p>"There's plenty of potential for a bird to use a wind farm and still to avoid the turbines themselves," says Felton.</p><p>Birds like pelicans, however, are less versatile in their movements and are at particular risk of collision because of their flight pattern, she says.</p><p>But how disruptive or dangerous offshore turbines will be along the East Coast isn't yet known.</p><p>Federal and state agencies, along with nongovernmental organizations, says Felton, have done good research to try to better understand those potential impacts. "But these are all theoretical, because we don't have a lot of offshore wind yet in the United States."</p>Threats to Ocean Life
<p>Birds aren't the only wildlife of concern. More development in ocean waters could affect a litany of marine species, some of which are already facing other pressures from overfishing, pollution, habitat destruction and climate change.</p><p>Scientists have found that marine mammals like whales and dolphins could be disturbed by the jarring sounds of construction, especially if pile driving is used to hammer the steel turbine platform into the seafloor.</p><p>The noises, though short-lived, could impede communication between animals, divert them from migration routes or cause them to seek less suitable areas for feeding or breeding. Research from Europe found that harbor porpoises, seals and dolphins may avoid development areas during construction. In most, but <a href="https://iopscience.iop.org/article/10.1088/1748-9326/7/4/045101" target="_blank">not all cases</a>, the animals were believed to have returned to the area following construction.</p><p>The biggest concern for conservation groups in the United States is the critically endangered North American right whale. There are fewer than 400 remaining, and the species' habitat overlaps with a number of planned wind development areas along the East Coast.</p><p>"Offshore wind is in no way the cause of the challenges the whales face, but it's going to be another pressure point," says John Rogers, senior energy analyst for the Union of Concerned Scientists.</p><p>Researchers aren't sure how right whales will respond to the noise from pile driving.</p><p>"But we are concerned, based on what we know about how whales react to other noise sources, that they may avoid [wind development] areas," says Kershaw.</p><p>And if that displacement causes them to miss out on important food resources, it could be dangerous for a species already on the brink.</p><p>There are a few other potential threats, too.</p><p>Ships associated with the development — more plentiful during construction — also pose a danger. In the past few years cargo ships, fishing boats and other vessels have caused half of all deaths of North Atlantic right whales.</p>A juvenile right whale breaches against the backdrop of a ship near the St. Johns River entrance. Florida Fish and Wildlife Conservation Commission / NOAA Research Permit #775-1600-10
<p>And after construction, the noise from the spinning turbines will be present in the water at low decibels. "We don't quite know how the great whales will react to those sounds," says Jeremy Firestone, the director of the Center for Research in Wind at the University of Delaware.</p><p>Other marine mammals may also perceive the noise, but at low decibels it's unlikely to be an impediment, <a href="http://www.int-res.com/abstracts/meps/v309/p279-295/" target="_blank">research has found</a>.</p><p>And it's possible that wind development could help some ocean life. Turbine foundations can attract fish and invertebrates for whom hard substrates create habitat complexity — known as the "reef effect," according to researchers from the University of Rhode Island's <a href="https://dosits.org/animals/effects-of-sound/anthropogenic-sources/wind-turbine/" target="_blank" rel="noopener noreferrer">Discovery of Sound in the Sea</a> program. Exclusion of commercial fishing nearby may also help shelter fish and protect marine mammals from entanglements in fishing gear.</p>Ensuring Safe Development
<p>Despite the potential dangers, researchers have gathered a few best practices to help diminish and possibly eliminate some risks.</p><p>When it comes to ship strikes, the easiest thing is to slow boats down, mandating a speed of <a href="https://biologicaldiversity.org/w/news/press-releases/vessel-speed-limits-sought-protect-endangered-north-atlantic-right-whales-2020-08-06/" target="_blank">10 knots</a> in wind development areas, and using visual and acoustic monitoring for whales.</p><p>Adjusting operations to reduce boat trips between the shore and the wind development will also help. A new series of service operating vessels can allow maintenance staff to spent multiple days onsite, says Kershaw, cutting down on boat traffic.</p><p>For construction noise concerns, developers can avoid pile driving during times of the year when whales are present. And, depending on the marine environment, developers could use "quiet foundations" that don't require pile driving. These include gravity-based or suction caisson platforms.</p><p>Floating turbines are also used in deep water, where they're effectively anchored in place — although that poses its own potential danger. "We have concerns that marine debris could potentially become entangled around the mooring cables of the floating arrays and pose a secondarily entanglement risk to some species," says Felton, who thinks more research should be conducted before those become operational in U.S. waters — a process that's already underway in Maine, where a <a href="https://composites.umaine.edu/2020/08/05/diamond-offshore-wind-rwe-renewables-join-the-university-of-maine-to-lead-development-of-maine-floating-offshore-wind-demonstration-project/" target="_blank" rel="noopener noreferrer">demonstration project is being built</a>.</p><p>If loud noises are unavoidable during construction, noise-reducing technologies such as bubble curtains can help dampen the sound. And scheduling adjacent projects to conduct similar work at the same time could limit the duration of disturbances.</p>The foundation installation of the off shore wind farm Sandbank using a bubble curtain. Vattenfall / Ulrich Wirrwa / CC BY-NC-ND 2.0
<p>Once turbines become operational, reducing the amount of light on wind platforms or using flashing lights could help deter some seabirds, NRDC <a href="https://www.nrdc.org/sites/default/files/harnessing-wind-advance-wind-power-offshore-ib.pdf" target="_blank" rel="noopener noreferrer">researchers reported</a>. And scientists are exploring using ultrasonic noises and ultraviolet lighting to keep bats away. "Feathering," or shutting down the turbine blades during key migration times, could also help prevent fatalities.</p><p>"We need to make sure that offshore wind is the best steward it can be of the marine ecosystem, because we want and expect it to be a significant part of the clean energy picture in some parts of the country," says Rogers. "We also have to recognize that we're going to learn by doing, and that some of these things we're going to figure out best once we have more turbines in the water."</p><p>That's why environmental groups say it's important to establish baseline information on species before projects begin, and then require developers to conduct monitoring during construction and for years after projects are operational.</p><p>Employing an "adaptive management framework" will ensure that developers can adjust their management practices as they go when new information becomes available, and that those best practices are incorporated into the requirements for future projects.</p>Putting Research Into Action
<p>Advancing these conversations at the federal level during the Trump administration, though, has been slow going.</p><p>"We didn't really have any productive discussions with the administration in the last four years," says Kershaw.</p><p>And when it comes to birds, Felton says the Bureau of Ocean Energy Management's recently completed "draft cumulative environmental impact statement" covering offshore wind developments had a lot of good environmental research, but little focus on birds.</p><p>"Part of that comes from the current administration's interpretation of the Migratory Bird Treaty Act," she says.</p><p>President Trump has been hostile to both wind energy <em>and</em> birds, <a href="https://www.nytimes.com/2021/01/05/climate/trump-migratory-bird-protections.html" target="_blank">and finished gutting the Migratory Bird Treaty Act</a> in his administration's the final days, removing penalties for companies whose operations kill migratory birds.</p><p>There's hope that the Biden administration will take a different approach. But where the federal government has been lacking lately, Kershaw says, they've seen states step up.</p><p>New York, for example, has established an <a href="https://www.nyetwg.com/" target="_blank" rel="noopener noreferrer">Environmental Technical Working Group</a> composed of stakeholders to advise on environmentally responsible development of offshore wind.</p><p>The group is led by the New York State Energy Research and Development Authority, but it isn't limited to the Empire State. It's regional in focus and includes representatives from wind developers with leases between Massachusetts and North Carolina; state agencies from Massachusetts to Virginia; federal agencies; and science-based environmental NGOs.</p><p>New York's latest solicitation for clean energy projects includes up to 2,500 megawatts of offshore wind and <a href="https://www.nyetwg.com/announcements" target="_blank" rel="noopener noreferrer">requires developers</a> to contribute at least $10,000 per megawatt for regional monitoring of fisheries and other wildlife.</p><p>Environmental groups have also worked directly with developers, including an agreement with Vineyard Wind — an 800-megawatt project off the Massachusetts coast that could be the first utility-scale wind development in federal waters — to help protect North Atlantic right whales.</p><p>The agreement includes no pile driving from Jan. 1 to April 30, ceasing activities at other times when whales are visually or acoustically identified in the area, speed restrictions on vessels, and the use of noise reduction technology, such as a bubble curtain during pile driving.</p><p>"The developers signed the agreement with us, and then they incorporated, most, if not all of those measures into the federal permitting documents," says Kershaw. "The developers really did a lot of bottom up work to make sure that they were being very protective of right whales."</p><p>Environmental groups are in talks with other developers on agreements too, but Felton wants to see best practices being mandated at the federal level.</p><p>"It's the sort of a role that should be being played by the federal government, and without that it makes the permitting and regulation process less stable and less transparent," she says." And that in turn slows down the build out of projects, which is also bad for birds because it doesn't help us address and mitigate for climate change."</p><p>Kershaw agrees there's a lot more work to be done, especially at the federal level, but thinks we're moving in the right direction.</p><p>"I think the work that's been done so far in the United States has really laid the groundwork for advancing this in the right way and in a way that's protective of species and the environment," she says. "At the same time, it's important that offshore wind does advance quickly. We really need it to help us combat the worst effects of climate change."</p><p><em><a href="https://therevelator.org/author/taralohan/" target="_blank" rel="noopener noreferrer">Tara Lohan</a> is deputy editor of The Revelator and has worked for more than a decade as a digital editor and environmental journalist focused on the intersections of energy, water and climate. Her work has been published by The Nation, American Prospect, High Country News, Grist, Pacific Standard and others. She is the editor of two books on the global water crisis.</em></p><p><em style="">Reposted with permission from <a href="https://therevelator.org/offshore-wind-wildlife" target="_blank" style="">The Revelator</a>. </em></p>- U.S. Offshore Wind Power Blown on Course - EcoWatch ›
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