BWRK Press Release "Alabama Coal Ash Ponds Receive Most Toxic Metals in the Nation in 2010"

For Immediate Release: January 6, 2012
Contact: Nelson Brooke, Black Warrior Riverkeeper: 205-458-0095


New Report: Alabama Coal Ash Ponds Receive Most Toxic Metals in the Nation in 2010

According to the Environmental Integrity Project (EIP), Alabama power plants lead the way in disposal of wastes containing toxic metals into coal ash ponds.

Ten states accounted for three quarters of total pond disposal in 2010, including (in rank order): Alabama, Georgia, Illinois, Kentucky, Missouri, Ohio, Indiana, North Dakota, Minnesota, and Michigan. Just 20 facilities account for more than half of the toxic metals (57 million pounds) contained in power plant waste and disposed of in surface impoundments in 2010. Four of these are in Alabama, with Alabama Power’s Miller Steam Plant (Jefferson County) ranked first in the nation in this category. Alabama Power’s Gaston, Gorgas and Barry Steam Plants round out the top twenty.

These figures are based upon information compiled in a national database called the Toxics Release Inventory. Power companies are required to report by volume the toxic chemicals that are contained in coal ash and other coal combustion wastes dumped into surface impoundments, or ponds, every year. 

In 2010, power plants reported disposal of wastes containing 112.8 million pounds of toxic metals or metal compounds, a category that includes arsenic, chromium, lead, and other pollutants that are hazardous in small concentrations and difficult to remove from the environment once released. According to EIP, that reflects a nine percent increase in toxics disposals since 2009, and is higher than the total reported in 2008.

Most of these surface impoundments are unlined, which means the toxins in the ash are likely to seep into groundwater or nearby creeks and rivers. Monitoring data developed in other areas of the country shows this is happening at many coal ash surface impoundments.

Alabama Power’s Miller Steam Plant (Jefferson County) and Gorgas Steam Plant (Walker County) are both in the Black Warrior River watershed, just northwest of Birmingham. Miller ranked first in the nation for disposing toxic metal wastes into coal ash ponds and Gorgas ranked fifteenth. 

Riverkeeper Nelson Brooke has concerns: “These coal ash ponds discharge wastewater directly to surface waters in large volumes on a daily basis. Miller discharges to the Locust Fork and Gorgas discharges to the Mulberry Fork, two tributaries of the Black Warrior that are heavily used for recreation and fishing. A major concern moving forward is the increase in the amount of toxics being discharged by the coal-fired power plants to these coal ash ponds and ultimately to surface waters due to the addition of scrubbers, which pull some pollutants out of their air emissions and transfer them to our water resources instead.”

Wastewater permits for these plants are up for review every five years, and the next cycle of re-permitting begins soon. Black Warrior Riverkeeper is encouraging residents in the greater Birmingham region and throughout Alabama to insist that ADEM to make Alabama Power's permits more protective of our rivers, lakes, and public health.

Environmental Integrity Project’s coal ash waste disposal analysis can be seen by clicking here.

For pictures of Miller Steam Plant and Gorgas Steam Plant and their ash ponds, click here.

To learn how you can insist that ADEM make Alabama Power's permits more protective of water and public health, contact info@blackwarriorriver.org for more information.

###

Black Warrior Riverkeeper (blackwarriorriver.org) is a citizen-based nonprofit environmental advocacy organization whose mission is to protect and restore the Black Warrior River and its tributaries. A member of Waterkeeper Alliance, Black Warrior Riverkeeper was the Alabama Environmental Council’s 2007 Conservation Organization of the Year and the American Canoe Association’s 2008 Green Paddle Award winner. Nelson Brooke, Riverkeeper, won the Alabama Rivers Alliance’s 2010 River Hero Award. In 2011 the Black Warrior became one of America's Most Endangered Rivers.

Additional reading & resources added by VAC:
2009 -  Dam Safety Inspection Report submitted to EPA RE: Gorgas Plant *(note heavy redaction of information)
2011 - Earthjustice report "State of Failure"
2011 - OIG Evaluation Report "EPA Promoted the Improper Use of Coal Ash Products With Incomplete Risk Evaluation"
2011 SEC documents on SOCO proxy filing submission & proper coal ash disposal
2011 Article: "There's Something About Vernon (and ADEM)" How APCO/SOCO lobbyists & state agency insiders convinced the Alabama Legislature to adopt dangerous coal ash legislation, and the epic problems with ADEM.
EPA Coal Combustion & Impoundment Reports (scroll down to Alabama for docs, all states listed)

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A River of Influence Runs Through It

"Coal Ash in the Coosa Valley"
Coosa Riverkeeeper's Frank Chitwood, takes us on an eye-opening ride through a section of Alabama's Coosa River and the effects of "dirty, dirty coal" from Alabama Power's two coal fired power plants on the historic waterway

Ironically, the capture of the Coosa by Alabama Power translated into another form of pollution affecting Alabamaians--a usurping of our political process by one of the most generous political donors and strongest lobbying forces in the history of Alabama.

When Alabama Power says “It’s always on,” they’re talking about more than energy; they’re describing their tireless and unending efforts to control the Alabama legislature and our regulatory agencies, and to continue their pollution of the once-beautiful Coosa River.

Every year, when Alabama’s legislature meets, APCO’s there, a de facto “shadow government” that serves their corporate interests first, the legislature second, and the citizens last.

How do they do it? By lobbying, political influence, horse-trading, and lots of cash and favors for the people whose votes and decisions affect the people of Alabama in ways many eyes-wide-open but unseeing people don't fully grasp.

Alabama Power's 'absolute power' began over a century ago, back when the mighty Coosa meandered freely through Alabama for centuries until the early 1900's, when three men changed the course of the river, and Alabama's history forever. The vision of William P. Lay, James Mitchell and Thomas Martin, and what was to become Alabama Power, wrestled the Coosa away from the citizens of the state and imprisoned the river to the utility giant's command.

They've not been good stewards of the river despite the bounty of monetary richness the Coosa has provided to Alabama Power for decades. What we've gotten in return is the erecting of an iron curtain around Alabama, effectively shutting out any 'consumer benefits' competition in electric service providers. We've gotten pollution that ranks Alabama at eight out of fifteen for the dirtiest air in the nation according to a recent report from the Environmental Integrity Project 

And we've gotten a form of government that owes their political careers to the demands of the power company. Few politicians have shown the fortitude to stand up to the smokestack bullies and put the interests (and health) of Alabamians before the wants of Alabama Power.

During a fight over rate increases in the late 1970's, The Times, a newspaper that served the black community, ran an account of the experience of one low-income father and his run-in with the power company:

The Times, a Black Montgomery newspaper, quoted a local man, "I have four children. It was about the coldest day of the year when they (power company workmen) came out and cut off my electricity.

"I had not received a light bill. I went down to the office and wanted to pay half of my bill, and they refused me.

"I told them that I had not received my bill, and they said it was my mistake-not theirs.

"I didn't have anywhere to take my family that night, and one of my daughters caught the flu. She almost died," he said.

After that night, he said, his family began using kerosene lamps for light.

The annals of Alabama's history are overflowing with stories of that nature, stories that continue unabated in the modern day. If you're unlucky enough to fall on hard times, and have your electric service cut off, the average cost to have it restored runs upwards of $500, a huge, and often unreachable sum for most economically disadvantaged groups.

The Coosa River has a diligent watchdog in the efforts of Frank Chitwood. Sadly, the same cannot be said of the watchdog agency that serves as the only barrier between the citizens of Alabama and APCO.

The Public Service Commission (PSC) is charged with regulating APCO and they've done very little over the years to reign in the company's harsh business practices. In fact, the PSC has long been viewed as being in league with the company first, contrary to their mission statement of 'fairness' to the rate payers of Alabama.

PSC member Twinkle Andress Cavanaugh serves as a prime example of APCO's ability to influence the commission. Cavanuagh took to the editorial pages earlier this year publicly blasting the proposed EPA regulations on coal fired power plants. She called climate change a "medicine-show tonic of global warming" and made a lot of outlandish and less-than-factual statements designed to garner public support for APCO.

Her claims were based solely on a power point presentation given by APCO. Bama Fact Check researched her rhetoric and found little evidence to support any of them. Of course she's not the only PSC member to act more like an APCO lobbyist than public servant, candidates now vying for a seat on the commission are spouting off the same old tired spiel that the power company has been peddling for years.

If you were to gather up all of the 'unofficial lobbyists' for APCO in one place and then asked to pick the ones that carry 'the water' for the power company, you'd be looking at the entire membership of the Alabama legislature.

But that's the nature of coal, utility companies, politics and undue influence in Alabama--it's always on.

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Circuit Court Rules Against Conecuh Woods Landfill Developers Motions

In a ruling filed October 25th, Conecuh County Circuit Judge Burt Smithhart handed the Town of Repton and their feisty Mayor, Terri Carter, a huge victory against the 5,100 acre landfill development planned for the area.

Opposition to the landfill has been fierce from the Mayor and a well-organized citizen group who can breathe a little easier for a few reasons now. The war is not over by a long shot, but this battle is squarely in the victory column for the citizens.

Not bad for a town whose population was only 261 in July of 2007. We should note that citizens report to us that Senator Richard Shelby and Balch & Bingham have been instrumental in aiding the citizen opposition group.

We're hopeful for once, in both of their careers, that these two very unexpected allies will remain on the right side of this issue, and not be up to any of their usual tricks that could spell big trouble for this small community.
ConecuhWoodsRuling10-25-2011

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Birmingham NAACP Chapter Enters Shepherd's Bend Coal Mine Controversy

NAACPShepherdBendMineLettertoUA

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EMC Hearing Officer's Report on Sheperd's Bend Coal Mine Allowing NPDES Permit Despite Legal Challenge From BWRK and Others

The following document is the record from the hearing on July 20, 2011 regarding the Shepherd's Bend Mine Permit. Black Warrior Riverkeeper issued a subsequent press release in response to the decision on July 22, 2011.

There is a lot to be troubled about concerning the decision of the EMC Hearing Officer, James F. Hampton, who's been a judge, a Special Assistant Attorney General for the State of Alabama and a hearing officer in the BARD Motion to Intervene regarding SWMA. Mr. Hampton has quite a long pedigree as a state inclined legal eagle and his conclusion about this controversial mine permit is not unexpected, but it is disappointing.

Page 7 Item 10 is also disappointing and allows a lot of wiggle room for what ADEM may or may not do if issuing this permit becomes problematic. The chances are high, if the history of mine discharge in Alabama is any indicator, that there will be problems and plenty of them:

"Permit does not contain limitations on chlorides, sulfide, total dissolved solids or aluminum, which are commonly associated with acid mine drainage. Under this permit, ADEM may modify the terms of the permit, if, in the future, it is shown to ADEM's satisfaction that the permit is not protective of water quality."

EMC Docket No 09-04-2011 07 20 Report of Hearing Officer

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"Capitol City Plume"--Fifty City Block Toxic Underground Plume in Montgomery, Alabama

This story has a compelling similarity to the Walter Coke contamination in north Birmingham--state and federal environmental officials have known about the contamination for decades and have been slow to act in cleaning up the area, while development has proceeded at a fast clip. A statewide pattern seems to be finally making its way onto the public radar revealing Alabama to be systemically and dangerously contaminated.

There's a tradeoff cost in human health and life that doesn't seem to figure into our governmental and business leader's plans. We cannot seem to count on EPA Region 4 for help either--they too seem to be carrying the water for the developers and getting into the *PR business outside of their environmental and public safety watchdog purview.

*(linked further on down in article on the phrase "revitalization of downtown Montgomery")

How many other areas in Alabama is the deadly deception going on unbeknownst to the potentially-vulnerable-to-exposure general public? And why?  Here's a list for Alabama from the Center For Public Integrity National Priority sites. Five Alabama sites are on the "Most Dangerous Superfunds Sites" list. The Capital City Plume, according to the census figures from 2000, was affecting a population of 209,615.

News story July 26, 2011 Associated Press via Al.com state wire:

The Environmental Protection Agency has identified the Montgomery Advertiser as one of the entities that may have caused the plume when operating at its former location.

County Commission Chairman Elton Dean said he remains confident that the county did due diligence before purchasing the old newspaper building and turning it into the county's main building after renovations.

News story by Ben Flanagan Al.com September 28, 2010: "Montgomery Commission tests air quality of county building":

"During a search for the source of the problem, a black, sooty substance was discovered in several isolated areas on the original concrete structure, according to a press release. A sample of that substance was collected on Sept. 3 and sent to Sutherland Environmental Company, Inc., where it was analyzed for 58 volatile organic compounds. Fifty-five of the compounds were not detected but small concentrations of *three compounds were detected." *note that the substances are not identified.

Region 4 Superfund

The Capitol City Plume site is located in downtown Montgomery, Alabama. The contaminated ground water plume is believed to exist throughout the downtown area. In September 1993, the Alabama Department of Environmental Management (ADEM) began investigating a report of Tetrachloroethylene (PCE) soil contamination at the Retirement Systems of Alabama (RSA) Energy Plant site at the corner of Monroe Street and McDonough Street.

After 17 months of investigative work, ADEM came to the conclusion that there are a minimum of 6 ground water plumes contaminated with PCE and benzene, toluene, ethylbenzene and xylene (BTEX). The site covers an area from Alabama Street (south) to Pollard Street (north) and Court Street (west) to Union Street (east). 

In 1993, soil containing PCE was excavated during construction of the RSA Tower. The soil was removed and disposed of properly. The discovery of the PCE in the soil prompted ADEM to conduct a preliminary assessment of the area near the RSA Tower. The preliminary assessment performed by ADEM concluded that ground water was contaminated with PCE and BTEX.

Field work for the RI/FS began in March 2000 and was completed in 2003. Soil samples and ground water samples have been collected to delineate the areal extent of the contamination plumes. Analytical results from the ground water indicate that the shallow aquifer in the Montgomery downtown area is contaminated with PCE, BTEX, TCE (Trichloroethylene), and metals. 

Installation of 16 new monitoring wells and 16 temporary wells has been completed. The City has removed and plugged two shallow drinking water wells at the Court Street Pump Station but continues to pump drinking water from deep wells.
The City of Montgomery has implemented a moratorium on well drilling in the vicinity of the site (downtown area). Beginning in May 2006, the City began monitoring the ground water contamination through monitoring wells. Monitoring will continue for five years. The City will be sending the ground water monitoring data to ADEM and EPA Region 4.
The City of Montgomery has also been working with EPA in implementing a voluntary phytoremediation effort in the ground water plume to reduce risk to human health and the environment.

A supplemental remedial investigation took place in stages from August 2008 to the present. *Sample results have identified sources of contamination and the time at which the contamination was discharged to the environment.

*Please note the above sentence which states that there are "identified sources of contamination" while this linked narrative from May 11, 2000 cites only "potential sources" generally identified without a specific business name as "a chemical wholesaler, airport maintenance shops, airport fueling areas, an auto repair shop and a dry cleaner."

Site investigation activities are being led primarily by EPA and the United States Geological Survey.

From August 2-5, 2011, EPA and USGS representatives will conduct field sampling activities to further delineate the groundwater contamination as well as to assess if vapor intrusion is taking place in an existing Montgomery County building.

Who's making the decision to "move forward with privately-funded activities" instead of applying for Superfund monies to clean up this massive twenty year old contamination?

On August 1, 2011, EPA will meet with representatives of two potentially-responsible parties identified in a Site remedial investigation, Alabama Department of Environmental Management, City of Montgomery, USGS, and Montgomery Water Works representatives to discuss moving forward with privately-funded activities related to Site characterization and remediation. 

Alabama could have applied for the $600,000,000 made available for Superfund cleanup from the 2009 Stimulus Funds but they did not make any applications for a percent of the available money in this area: (but they did in many other areas for federal handouts)

Hazardous Substances Superfund - (Alabama will not be receiving stimulus funds for this program)

(National Appropriation: $600,000,000)

Description: This program provides additional funding to the Environmental Protection Agency for the Superfund Remedial Program. This program allows states to enter in competitive agreements with the EPA to conduct certain remedial actions at Superfund sites and receive a credit from the government for 90 percent of eligible expenses.

John Archibald, of the Birmingham News, in one of his recent columns offered this statement about Alabama's rampant pollution and economic development mindset: "That's traditional Alabama values again: better dead than unprofitable." EPA Region 4 seems to go along with that idea, especially since they knew about the CC Plume, in the following statements on the *revitalization of downtown Montgomery and the importance of 'sticking to the plan':

Capitol City Ground Water PlumeGround water in western portions of downtown Montgomery, Alabama, is contaminated with trichloroethylene (TCE) and perchloroethylene (PCE), chemicals commonly used in dry cleaning and cleaning of machine parts. Work to assess the ground water contamination and develop the site’s cleanup plan is currently ongoing. The City of Montgomery is working closely with EPA to facilitate the site’s cleanup. Downtown Montgomery remains open for business during the site’s ground water cleanup. Land uses include retail districts, neighborhoods, parks, offices and industrial areas. The revitalization of Montgomery’s downtown is a major community priority. The area is recognized as the “heart of the city.” Recent redevelopment projects include the Montgomery Biscuits minor league baseball stadium, retail centers, downtown apartments and restaurants.

Have our business leaders, politicians, economic developers and state agencies simply lost their minds from the effects of all the pollution or are they just out to eliminate the undesirable elements of Alabama's communities? The location of the Capital City Plume seems to negate the latter, because a large portion of the businesses and developments in the affected area are housing some of our state elites, primarily in the RSA Tower Complex of Montgomery, located in the toxic zone.

So what other possibility does that leave us as to why Alabama continues to labor under the delusion of their favorite hackney-eyed, overused phrase of describing economic development as "world class?" There's nothing blue ribbon or superior about any development that comes with a staggering cost of health to a large segment of people.

Unless Archibald's right--"better dead than unprofitable."

Or maybe it's something else entirely consisting of the usual BARD suspects and their webs of deceit.

Maybe it's a combination of the two strengthened by the political pay to play system our legislators have grown ridiculously accustomed to.

Whatever the reasons, the citizens of this state deserve truth, accountability and transparency with information that directly affects the quality of their lives and not the same old deadly deceptions of business as usual.

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CBS 42 Reports on the Jim Walter North River Mine Coal Slurry Spill and the First Round of Water Quality Tests

*Updated pictures of spill entering Lake Tuscaloosa BWRK July 28, 2011

CBS 42 continues their out-in-front of the pack environmental coverage of Walter Energy (WE) this time it's Fayette County and not north Birmingham.

The initial water testing results of the North River following WE's Jim Walter North River Steam Mine coal slurry spill are in, and as predicted, they aren't good.

The effects of the slurry spill don't resemble a benign event like the one described by Jim Walter spokesman Dennis Hall as nothing more serious than "mud and rocks after a heavy rain." Something much more ominous is revealed through this testing and raising suspicions of deliberate attempts to downplay the event.

Test results show:

---Levels of increased arsenic are being detected anywhere from a minimum of 3X to as high as 34X the limit of EPA levels

---Lead levels are coming at 3X EPA limits 

---Suspension of solids are registering at 4-5X EPA limits

---Turbidity is running at 8-12X higher than the water quality range limit 

Black Warrior Riverkeeper is conducting additional testing and will release their results soon. ASMC's Randall Johnson seems to be laying the groundwork for other direction finger-pointing by claiming that the elevated levels of toxins and pollutants are above and below the area of the spill. Maybe someone should remind him of the drifting nature of water columns.

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Black Warrior Riverkeeper "Remains Hopeful" Despite Hearing Officer's Decision on Sheperd's Bend Mine NPDES Permit

      PRESS RELEASE JULY 22, 2011

Contact:

Nelson Brooke, Riverkeeper, Black Warrior Riverkeeper: (205) 458-0095
Gil Rogers, Senior Attorney, Southern Environmental Law Center: (678) 891-0410

Shepherd Bend Mine Receives Favorable Recommendation

Birmingham – Yesterday, an administrative Hearing Officer recommended that the state Environmental Management Commission (“EMC”) uphold a National Pollutant Discharge Elimination System (“NPDES”) wastewater discharge permit previously issued to Shepherd Bend Mine by the Alabama Department of Environmental Management (“ADEM”).  Black Warrior Riverkeeper is disappointed by the Hearing Officer’s report, which we believe is not in the public interest.

Now, the Hearing Officer’s report must go before the EMC on August 19, 2011, and the EMC must decide whether to adopt the Hearing Officer’s recommendations.  The EMC can make an independent determination about the adequacy of the Hearing Officer’s findings.  Southern Environmental Law Center’s (SELC) Managing Attorney in Alabama, Keith Johnston, states “I hope the EMC thoroughly considers the ramifications of issuing this permit.  It affects not only the Mulberry Fork, but 200,000 people who rely on the Mulberry Fork for a drinking water supply.”  

If the EMC chooses to adopt the Hearing Officer’s recommendations, Black Warrior Riverkeeper, together with the SELC, will appeal that decision.  Black Warrior Riverkeeper Nelson Brooke adds, “It is a shame that the Hearing Officer failed to understand that this coal mine permit is weak and will allow unacceptable levels of pollution to harm the river and drinking water for people in the greater Birmingham area.  We will continue to fight this permit until justice is served.” 

Black Warrior Riverkeeper and SELC first challenged ADEM’s  issuance of permit because, even if Shepherd Bend Mine strictly adheres to the terms of its NPDES permit, the permit will allow the mine to discharge a variety of pollutants—iron, manganese, total suspended solids, total dissolved solids, sulfates and chlorides—into Birmingham-area drinking water.

Black Warrior Riverkeeper supplied expert testimony in the permit challenge about how the discharge of these pollutants would harm drinking water. Moreover, the Birmingham Water Works Board (“BWWB”) has offered detailed information as to how the allowed discharge from the mine will introduce pollutants and sediment into the source water, leading to increased treatment costs (typically passed on to customers) and possible health risks.  The mine site is located on a bend of the Mulberry Fork approximately 800 feet across the river and upstream of a BWWB drinking water intake on the Mulberry Fork of the Black Warrior River which serves 200,000 area citizens.   

Despite these compelling facts, the Hearing Officer, while expressing reservations, found that “there is not a preponderance of evidence that the permit in question authorizes discharges of pollutants which, upon discharge, will cause or contribute to a detectable contravention of state water quality standards.”  According to the Director of SELC’s Georgia and Alabama offices, David Pope, “this decision is completely detached from the evidence presented, none of which the Hearing Officer’s report references.” 

Black Warrior Riverkeeper’s Executive Director, Charles Scribner states “No matter what, we remain hopeful that the UA System, a majority land owner at Shepherd Bend, will not lease their land for mining so close to a major Birmingham drinking water intake.”

# # #

Black Warrior Riverkeeper encourages citizens to continue sharing their views about the Shepherd Bend Mine proposal with Dr. Robert E. Witt, President, University of Alabama, (205) 348-5100

Black Warrior Riverkeeper (www.blackwarriorriver.org) is a citizen-based nonprofit environmental advocacy organization whose mission is to protect and restore the Black Warrior River and its tributaries.  The Southern Environmental Law Center (www.SouthernEnvironment.org) is a regional conservation organization using the power of the law to protect the health and environment of the Southeast (Virginia, Tennessee, North and South Carolina, Georgia, and Alabama).  For more information contact Black Warrior Riverkeeper Nelson Brooke at 205-458-0095 or Gil Rogers, Senior Attorney, Southern Environmental Law Center, 678-891-0410.     

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Black Water Don't keep On Rollin'--Jim Walter Mine Coal Slurry Spill in Fayette County, Alabama

On Friday July 15, 2011, at the Jim Walter Mine North River Steam Coal Mine in Fayette County, Alabama, a sensor failed to shut off the coal slurry pumping system for an estimated four hours, resulting in toxic waste being discharged into Freeman Creek. The creek flows into North River and on downstream to Lake Tuscaloosa and into the drinking water supply for the City of Tuscaloosa.

Here's a picture of how the water in the *North River usually appears:

Here's how it looks *post spill:

The Alabama Surface Mining Commission's (ASMC) Randy Jackson is assuring viewers that the "sediment will not be harmful" and "it will wind up in Lake Tuscaloosa and settle out there." It should be noted that neither Mr. Jackson or anyone else at the ASMC have any authority over water issues. They're not experts, but they'll try and portray themselves as them on TV.

ADEM's spokesman Scott Hughes says he notified the Tuscaloosa Water Department to "monitor its water" and says "the water is safe to drink."

Dennis Hall, JW North Mine spokesman is quoted as saying this about the spill: "It's like it rained and piles of mud slid into the water."

Everybody involved is attempting to downplay the spill as nothing to be concerned about. 

They're dead wrong and what we should worry about is why they want to mislead us about the dangers of what is really in that 'harmless' slurry:

Below is a list of chemicals found in coal slurry and sludge:

Aniline Acenaphthene Acenapthylene Anthracene Benzidine Benzo(a)anthracene Benzo(a)pyrene Benzo(b)fluoranthene Benzo(ghi)perylene Benzo(k)fluoroanthene Benzyl alcohol bis(2-ethylhexyl)phthalate bis(2-chloroethoxy)-methane bis(2-chloroethyl)ether bis(2-chloroisopropyl)ether Butyl benzyl phthalate Chrysene Dibenzo(a,h)anthracene

Dibenzofuran Dibutyl phtalate Diethyl phthalate Dimethyl phthalate Dioctylphthalate Fluoranthene Fluorene Hexachlorobenzene Hexachloroethane Indeno(1,2,3-c,d)pyrene Isophorone N-Nitrosodi-n-propylamine N-Nitrosodiphenylamine Naphthalene Nitrobenzene Phenanthrene Pyrene

Acrilamide Hexachloro-1,3-Butadiene Hexa-Cl-1,3-Cyclopentadiene 1,2,4-trichlorobenzene 1,2-Dichlorobenzene 1,3-Dichlorobenzene 1,4-Dichlorobenzene 2,4-Dinitrotoluene 2,6-Dinitrotoluene 2-Chloronaphtalene 2-Methylnapthalene |2-Nitroaniline 3-3'-Dichlorobenzidine 3-Nitroaniline 4-Bromophenyl phenyl ether 4-Chloroaniline 4-Chhlorophenyl phenyl ether 4-Nitroaniline

Specific Elements and Compounds
Source: Kentucky Division of Water. DOW-DES Analytical Data File.
Electronic File: Martin Co.Coal.Co.Slurry Release Data.xls

Jim Walter Resources (aka Walter Energy) is not a small company bringing in peanuts for profit. In the first quarter of 2011, the company brought in higher than 2010 profits of $408.7 million. It's a hugely successful company with money to burn who springs generously for some hay bales, a few truckloads of gravel and near-site pumping to mediate their spill of 'no consequence' in Fayette County.

We would like to ask ABC 33/40 why they did not check out these claims of 'no big deal' before they ran their story on the incident. By not doing that, what we're left with is propaganda and half-truths, and even more reasons to view Walter Energy as an extensively problematic operation in Alabama.

Shame on all of them.
*Photo credits Tuscaloosa News and: psellers

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Sustainable Ecosystems and Community News--Book Review: "Currents of Deceit"

Amazon.com one-click ordering

On April 20, 2010, the infamous BP oil rig exploded. Americans and the rest of the world alike were in shock and feared how much oil would be released and how much damage it would do. After three months, the spillage of the oil was stopped and restoration has slowly begun. But what if there was a spill of something invisible and the company responsible wanted to keep it a secret. In the book Currents of Deceit, Professor Ronald Perkins writes about such a situation.

Currents of Deceit begins with Scott Simmons, a marine biologist with the Florida Fisheries Commission, and his girlfriend Linda Stevens, a graduate student in biochemistry. Perkins also wrote himself into the book as Dr. Alexander, Linda’s old professor, a character based on his own experiences and interests. In the book, Simmons and Stevens find unusually high levels of PCBs and mercury in fish from the local market They are immediately intrigued and worried by their discovery.

Read more here

Would a company purposefully and knowingly keep a dangerous environmental and public health threat secret in the name of profit? It's a rhetorical question of course because it happens all the time with pernicious consequences. What happens when the governmental regulatory agency, the EPA, participates in this kind of subterfuge by relying on powerful lobbying groups and industry insiders to be the 'scientific' sources for regulatory mandates?

We've seen this happen with coal ash and bio-solids (sewer sludge). The federal regulations for both of these were based on the recommendations of powerful lobbyists for special interests who's only consideration was the bottom line--the proverbial 'profit over people and sensibility' worn-out model they have been using now for decades.

Now big business has turned its sights on doing away with the only federal regulatory agency that stands between us and a repeat of the flaming rivers of the late 1960s.

The EPA is currently under unprecedented enemy fire from the republicans who are calling for de-funding the agency at minimum, and doing away with it all together at most, describing them as a "loony left-wing job killing organization that's hell bent on an environmentalist whacko vision."

There are problems with the EPA we'll agree, big ones, but to consistently fight against the only agency that we have in place to enforce regulations on corporate America is wrongheaded and dangerous. On the other side of the coin, for the EPA to consistently cave-in to special interests and allow the rules to be written by industry is equally disconcerting.

It's a catch-22 situation that illustrates the pressing need for watchdog journalists, environmental groups and citizen advocates to keep a keen eye on the system and its players. Activism is not a dirty word--apathy and indifference might be.

Winston Churchill warned of the age of indifference (paraphrasing): 

'You can only have so many decades and years that are the "last chance" to avoid unalterably horrific effects. We have already passed these points. The age of consequences has begun.'

We would be wise to remember that even though Mr. Perkins book is a 'fictional work' in the literal sense, malefic corporate "Currents of Deceit" are always swirling around our communities and it's incumbent upon us to pay attention.
*Recommended reading:
Paving Paradise: Florida's Vanishing Wetlands and the Failure of "No Net Loss"
"The Ripple Effect": The Fate of Fresh Water in the Twenty-first Century

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Second Permit Filed for Coal Mine Near Mulberry Fork--Cordova, Alabama

The Mayor who feels no shame in the wreckage of the 'church of secrets'

Reed Minerals, Inc. has filed a permit with the Alabama Surface Mining Commission dated July 5, 2011 for a second mine to be located near the contested Sheperd's Bend Mine along the eighth most threatened river in the US, the Black Warrior River. The land for the Reed Mine belongs to the Cordova Industrial Board and Reed claims it will "bring twenty jobs and have a payroll of $1.5 million."

Read more here

In an article we wrote on June 1, 2011 entitled "World Class Jack" a reference to Cordova Mayor Jack Scott, we surmised that his refusal to allow FEMA trailers for victims of the April 27th tornado devastation had everything to do with coal. Mayor Scott had to have another reason for his stubbornness that garnered world wide attention and heaped huge embarrassment on him and the city leaders of Cordova.

Scott has heard all the complaints, and he isn't apologizing. He said he doesn't want run-down mobile homes parked all over town years from now.

"I don't feel guilty," he said. "I can look anyone in the eye."

And whatever that reason was it had to be a good one, in his mind at least, but he did very little eye to eye looking at anyone and refused repeated requests for interviews by national media outlets. 

We are not pleased to report we were correct in our suspicions of why Jack Scott was acting like a typical 'Big Mule' about the whole thing--payday was coming for him.

The Cordova Industrial Board (CIB) owns the land the Reed mine will be sited on and they'll make a bundle off the mineral rights. Earlier this year, the CIB acquired a 47 acre tract of land that will allow the transport of materials by river and rail, a site well-suited for coal transport and it's no surprise coal connoisseur Alabama Power approves:

The property is valued at $350,000. It was obtained at no cost by the Cordova Water and Gas Board through negotiations in exchange for services rendered in the past to Warrior River Steel, the land’s previous owner.
The Cordova Industrial Development Board will be responsible for marketing it.
Jack Drummond, chairman of both the Water and Gas Board and CIDB, said city officials have been trying to obtain the site for approximately two years.
Drummond said the area was called prime property during a meeting with Alabama Power representatives last year. Mayor Jack Scott added that the city has the option of buying some adjoining acres, which would bring the site’s total to 150.“It gives us the potential to bring jobs into the city. We need jobs in Walker County and Alabama,” he said. 

Walker County owes its soul to coal and to the Drummond family. In a 2009 Walker County Annual Report, it's clear who wants a piece of Walker County's 'black gold' from the generous contributions rolling into the county coffers. 

Mayor Scott isn't going to be left in the coal dust he had to endure when he worked the mines, he's moving up and on his way to easy money street with the Reed Minerals deal.

Scott claimed that jobs and having young people move into the area were part of his reasoning for disallowing Cordovians access to FEMA trailers within the city limits. He called FEMA trailers an "eyesore" and an impediment to a "young, professional class" of potential residents wanting to move Cordova and "put down roots" translating to new folks will mean jobs coming closely behind.

The mine will bring twenty jobs. Hardly an employment boom by any logical measure.

Mines aren't normally a draw for "young professionals" to pour into an area. Who wants to raise a family in an area with a loud, filthy and destructive coal mine as their next door neighbor? Not many we can think of would see that as idyllic portrait of family living.

But in the world of Jack Scott, a former coal miner himself, it's a winner. 

All the way to the bank.
*photocredit: Gawker.com 
Facebook page--"Cordova-The Truth"
*Update--Public Meeting Notice 7/12/2011 on Reed Mine posted on Cordova-TheTruth 

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Reanimating a "Zombie Nuclear Reactor" in Hollywood, Alabama--TVA's Bellefonte 1

The TVA recently announced plans to revive it's half century old reactor the Bellefonte 1 to the tune of almost $9 billion dollars--$4 billion has already been invested and another $4-5 billion is required to get it up and running. Skeptics say the reactor is "too expensive and too antiquated, and it lies in an earthquake zone." 

They're right about all three. 

But it's moving forward anyway despite known problems with all of the TVA'S nuclear facilities.

Excerpt from a June 15, 2011 NY Times story on Bellefonte:

Thomas Kilgore, the authority’s president and chief executive, said finishing it now would make more sense later. “Why nuclear?” he said. “Once you get the unit built, you’ve got inflation locked out.”Mr. Beaumont, the industry analyst, said that “based on cost, I absolutely think you can say it’s crazy.” But that assessment might change over time, he allowed.

The Environmental Protection Agency could force additional coal-generated power plants to close as it polices greenhouse gas emissions, increasing the demand for cleaner sources of energy, he said. The price of natural gas will eventually rise, making nuclear energy more competitive, he added, and at some point, existing nuclear plants will wear out.

T.V.A. executives have another troublesome variable to deal with, unpredictable changes in demand, which is what they say caused them to shut down construction in 1988.

“I can’t forecast out 8 or 10 years,” Mr. Kilgore said, but “we just know when we get there, Bellefonte 1 is a good economic proposition."

The TVA has a long track record of problems with its nuclear facilities. Brown's Ferry is notorious for safety issues, and the Watts Bar 1 facility was shut down in 1985 after employees came forward with safety and operating concerns that kept the plant closed for eleven years. That eleven year down time has been described as a "lax period" where "proper construction procedures were not followed, and documentation was poorly maintained." During this same time of troubling ineffectiveness, construction of the Bellefonte site was completed.

In the years between then and now, it was scavenged for parts to other facilities to within a shadow of its former self. Tearing it down and starting over would make more prudent sense, but TVA has firmly demonstrated by their own actions they are not known for sense and prudence. Or safety.

Another one of TVA's facilities in Tennessee, Watts Bar, is scheduled to have a second reactor online by October 2012 and it too is swirled in controversy and questions.

In a meeting on June 20, 2011 in Athens, Tennessee between the NRC and TVA Watts Bar representatives, questions were raised "about the TVA's nuclear track record and the NRC's oversight" in addition to the safety of nuclear energy after the Fukushima disaster in Japan. The NRC is still reviewing a backlog of 500 whistle-blowing complaints about the TVA's Watts Bar facility. Robert Haag, NRC construction chief reported that "the agency has reviewed and closed 79 of those allegations."

James Moorman, director of the NRC's Southeast division construction projects, is markedly more optimistic about allowing the TVA to expand Watts Bar than some in the audience:

From the mid-1970s when construction began at Watts Bar to Unit 1’s startup in 1996, whistle-blower allegations raised concerns about everything from quality control to fire protection. When work stopped on Unit 2, the whistle-blower allegations pertaining to that reactor were shelved by NRC.

“We think we’re on schedule with what we have [in that new look],” Moorman said after the meeting.

But several listeners at the meeting were full of questions and concerns.

Ann Harris, one of the whistle-blowers and former Watts Bar employees, took TVA and NRC officials to task for not checking what she said were far more than 500 allegations long ago.

“This is snake oil you’re spinning,” she told the officials.

Brian Paddock, an attorney working with the Southern Alliance for Clean Energy, asked NRC how the recent evaluations of failures at Japan’s Fukushima Dai-ichi nuclear plant might affect the scheduled October 2012 Watts Bar startup.

“I haven’t heard anything about that,” he said.

He also questioned whether NRC’s recent re-evaluations of seismic risks to the plant are being applied at Watts Bar.

NRC officials told him they would get back to him with answers.

Sometimes dead is better when it comes the TVA's archaic nuclear facilities--they continually exhibit a morbid pattern of pouring millions of federal dollars into antiquated ideas that one day we may all pay for in deadly consequences.

Stephen Smith writing for the Institute of Southern Studies made a convincing argument against "zombie reactor" resurrection in a 2009 article:

If TVA decides to go forward with Bellefonte despite serious questions about financial and safety issues, the plant would likely not be completed until 2020 or beyond. Given that initial construction began back in 1974 and a standard operating life is 40 years, the reactor at Bellefonte could be operating at a ripe old age of nearly 90. A potential NRC-granted 20-year license extension down the road could make for an almost 110-year-old operating reactor. If in 2080 someone asks whether anyone still uses nuclear reactor technology from the Nixon era, hopefully that will be a laughable question. Yet it is deadly serious.

Mr Smith concluded his article with the hope that the TVA would "make a better and safer decision" regarding the Bellafonte reactor. Sadly, his words and hope have fallen on the usual deaf ears of most quasi-governmental agencies like the TVA.

In our opinions, all that stands between us and disaster is the NRC, and so far they have signaled a frightening unwillingness to act in the best interests of the public with nuclear energy oversight. It's almost as if Fukushima was a fluke, an anomaly that gets obligatory lip service of 'we have learned from that disaster' but we are not really going to make any big changes.

That's flirting with disaster on epic levels.

Just how safe are the US nuclear plants anyway? 

According to a recent investigative report from the Associated Press "radioactive tritium has leaked from 3/4 of all US commercial nuclear plants into groundwater from corroded buried piping." The NRC continues to "extend the licenses of more and more reactors across the nation" despite the occurrence and severity of the leaks increasing.

Tritium leaks have also been documented at The Southern Company's (SOCO) nuclear plants in Georgia and Alabama: Vogtle (Ga.) & Farley (Ala.) SOCO's Farley plant requires massive amounts of water to keep their reactors cooled and they aren't going to allow a decrease in available water supplies without putting up some huge resistance. The long-standing water wars between Georgia and Alabama figures into nuclear and the utility plants of Alabama Power. This link sheds some light on what's driving the issue and it's not all about over-development-- it's mainly about "Power and Water Colliding" 

Governor Bentley, inheriting the water wars battle from the previous administration of Bob Riley, signaled his readiness earlier this year to put an end to the twenty-year fight.

Lastly, it is worth considering the role extreme changes in weather will have on our nuclear facilities. What's happening in Fort Calhoun, Nebraska right now might give us a big clue and another cautionary warning we would be wise to heed:

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