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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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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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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"Arsenic and Old Waste"--ADEM & AEMC Give Two Toxic State Reps a Top Billing

There’s a wonderful old movie by Frank Capra, “Arsenic and Old Lace,” in which two dotty old sisters poison elderly bachelors by spiking elderberry wine with arsenic. True to screwball comedy style, they were charming and blameless murderers. Unlike Cary Grant, who discovered the plot, the unknowing citizens of Alabama are being fed a similarly poisonous blend by the equally potentially dangerous actions of state representatives Canfield and Marsh-- the lead players in Alabama’s coal ash bill that could be more appropriately titled “Arsenic and Old Waste.”

In the movie, the deceased bachelors are buried in the basement by a crazy brother who thinks he’s Teddy Roosevelt digging the Panama Canal. The citizens of Alabama don’t have a script to follow and aren’t privy to the eventual epilogue of how this recent legislation will really play out, but we’ve had a preview of it in Perry County, Alabama, and the reviews have not been good.

Representative Canfield (1:14 mark in video on regulation of CA), Senator Marsh and our state regulatory agencies supported this legislation as “protective of Alabama’s environment and people” and believing that coal ash has beneficial uses so it can’t be that toxic. We say their claims are about as harmless as the elderberry wine served to unsuspecting gentleman callers in the movie.

For a parallel view, brought into sharp focus by Massachusetts Representative Ed Markey in the video below, you would have to go back to the turn of the century, when arsenic and mercury were considered beneficial ingredients in tooth compounds and beauty products by the general public who didn’t know any better. There were many deaths that resulted from people using them to improve their complexions and relieve pain, and it became obvious, a century ago, what the perils of arsenic and mercury exposure were.

Representative McKinley-WV offers the counterpoint to Rep. Markey and claims that any criticism of the "jobs bill" is "fallacious and found in tabloids, not in science." Who's paying him to be so disingenuous? To suggest the undoing of historical lessons learned and pass weak prohibitions on arsenic and mercury exposure from coal ash is like mandating cocaine to be put back into Coca-Cola for general consumption. We know better.

When it comes to properly classifying coal ash, we’re stuck in a semi-permanent intermission to strictly regulate it as a hazardous toxic waste, because the utility giants and coal lobby refuse to leave the Washington concession counter and let the story play out to its honest conclusion.

Since the legislation passed in the Alabama State House, the two main players in this story have been *awarded accolades by ADEM for their outstanding roles in coal ash legislation. We'll see a replay of the tragedy of Perry County as ADEM proclaims the bill puts "Alabama on the national radar for any company interested in" dumping their coal ash in in this state. Again.
*AEMC meeting 7/23/2011 pg.1 (pgs.1-4) pg. 2 (pgs.5-8)

ADEM CanField/Marsh Recognition

We suspect there were a few behind the scenes directors hired by Alabama Power to urge ADEM to give these two representatives their public ‘award.’ Representative Canfield went on to an even bigger stage as the new head of the Alabama Development Office, and a much cushier salary than the one he enjoyed as a state representative. Canfield benefits nicely from the quasi-governmental alliance created by the merging of the EDPA and the ADO, which Alabama Power plays a starring role in. Senator Marsh may go on to replace the embattled and disgraced Senator Scott Beason as the new senatorial lion in charge of all future Alabama legislation.

Collusion has its rewards and we submit that the entire coal ash scheme was the end result of a collaborative effort between ADEM, Alabama Power and these two representatives to advance all of their interests, profits and own careers over the rights of Alabamians expectations to live free from toxic exposure.

Some of the heavy metals contained in coal ash are known carcinogens (and can actually increase the risk of cancer by 2,000 percent) and some can cause learning disabilities, birth defects or respiratory trouble. Problem is, the most deadly types of health-related issues caused by these substances don't develop overnight, says Dr. Avner Vengosh, a Duke University scientist who studied the impact of the coal ash spill in Tennessee. "I'm not expecting to see an immediate impact on people's health," he says, adding it could take years for certain cancers to metastasize.

To put it all in focus and project the truth on the screen of the public view, run this previous article of ours through your mental projector, and view the behind-the-scenes cut that the cast of characters involved in this horror flick didn’t want you to see.

So Say We The Opinion Board Of The Vincent Alabama Confidential

*Photo credit: Classicfilmsrevisted

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Alabama: State of the Air 2011 - American Lung Association

Alabama: State of the Air 2011 - American Lung Association

INC indicates incomplete monitoring for all three years. DNC indicates there is no monitor collecting data in the county.

The EPA defines particle pollution as "a complex mixture of extremely small particles and liquid droplets ... made up of a number of components, including acids (such as nitrates and sulfates), organic chemicals, metals, and soil or dust particles." Year-round air pollution is an average of the daily levels of particle pollution on all 365 days. Short-term particle pollution measures the number of times in a year when levels spike above healthy standards for several days to several weeks. Ozone pollution has adverse effects on health as well, but is not as dangerous in the short-term.
"All three can kill people, and all three can cause asthma attacks," asserts Nolen. "But short-term and year-round particle pollution are more deadly than ozone."
Closer to the east coast, Pittsburgh, Pa., has long been associated with coal, and it shows in the numbers. The Steel City ranks seventh on the list of most polluted, followed by another metro chock-full of coal-fired power plants: Birmingham, Alabama.

And how does Alabama respond to its perpetually dirty and dangerous air quality? By using the state agency of environmental 'quality', ADEM, and suing the EPA on behalf of the utility giants and other heavy polluters, not for the benefit of her citizens, but for the benefit of big business and its big political money.

It's a sad commentary when the state of Alabama seems to put more importance on industry than it does the well-being of her people. And most importantly her youngest citizens, children and infants, who the most adversely affected by this toxic air. Our oldest residents are a close second.

Someone once said that a good measure of humanity is how the oldest and youngest among us are treated. If that's true, then Alabama gets another big fat "F" and puts itself firmly in the I really don't give a damn about anything but money category.

What makes this even more tragic is our Governor, a medical doctor, seems to be more of a hypocrite than a follower of the Hippocratic Oath and its prevalent theme of "to do good or to do no harm..." that he swore to abide by.

"We're going to go through DTs, but you know what? You have got a doctor in charge of Alabama now!"--Dr. Dr. Robert Bentley

Alabama is in need of a doctor alright, but not one who takes his direction from BARD and their scurrilous lawyers, because following their one-sided bad advice is tantamount to political malpractice.

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Friday Roundup

Alabama is like a carnival ride that goes up and down and round and round. It has thrills and chills and sleight of hand parlor tricks galore. But after a while you begin to wonder what’s real and what’s just a ride.

Shades of "Sir William" and his band of thieves?---Bob Lowry of the Huntsville Times reports on the most expensive school learning software we have ever heard of in Alabama:

Private group receives $13 million in state funds to contract for educational software without state school board approval

Turns out that similar to the "Sir William" looting, public money from the Education Trust Fund was funneled 'somewhere else out of view.' In this case, it went to the CLAS organization, a private entity, which served as a cloak in keeping the state school board in the dark about where the money was being spent. Joe Morton, State Superintendent, admitted he "should have consulted with the Alabama Board of Education" and "he wasn't trying to keep the funds secret" but that he was "proud that the system works."

Works for whom exactly? The highest number of schools ever using the Kids College program was 291, down to 183 as of January 2011. Less than 20% of the 1106 elementary schools in the state are 'benefiting.' Oh, he must mean 'works' for the CLAS lobbyists and the Big Joe Morton discretionary powers.

Republican Speaker of the House of Representatives and Rileyite (a shared trait with Campbell and Morton, anybody seeing a pattern here?) Mike Hubbard owned one of the software programs "Learning Through Sports" and claims he's free and clear of wrongdoing in any way because he sold his interest in LTS in 2005, for $.55 cents a share, but declined to reveal how many shares he owned.

CLAS enjoys the lobbying services of Swatek, Azbell, Howe & Ross. Swatek is another close ally of former Governor Bob Riley.

The republicans favorite target, AEA Director Dr. Paul Hubbert said he had "never heard of a private entity receiving those kinds of state funds" and suspects there is more to this than meets the eye. So does the state school board who have never seen any accounting of the funds.

But one figurehead on the board defends the sleight of hand:

State board Vice President Randy McKinney of Gulf Shores said board members don't necessarily need to know about every dollar spent by the superintendent. But he added that he would like to see a posting on the Internet of all education grants by Morton's office.

Morton and McKinney's claims of woulda shoulda coulda resemble fun house mirror images of accountability because they could have done what they are now suggesting before a savvy news reporter caught on to what they were doing and published it for all to see.

In a later story, Morton proved that he finds it easier to ask for forgiveness rather than permission and apologized for his actions. Let's see the accounting and then we'll decide how much forgiveness.

Isn't it interesting that once the audience figures out the trick the magicians have a lot more to say?

It is becoming increasingly evident that there needs to be a firewall of sorts built into the Education Trust Fund that will protect it from future misappropriations and political shell games.

The EU and Portugal have no respect for Alabama---In a CNBC Story from late March we get a glimpse behind the world curtain and see how the rest of the world feels about our little patch of dirt called Alabama:

Being in the euro zone is actually "a great opportunity" because it makes countries strive to be more productive and make structural reforms, Carlos Moedas added. "If we just keep on cutting an not doing the reform, we have no solution, we will eventually become the Alabama of the European Union and we don’t want that," he said. (note the comment by bigcjim who's upset Alabama's schools went through "forced integration.")

Now there's something to be proud of and Moedas is exactly right--the Alabama Legislature is busy again this year trying to look effective by slashing and burning budgets and refusing to enact effective reforms. Most of the take away game is directed at democratic entities, teachers, seniors, school children and one especially dirty trick by Rileyite Representative Jay Love-R and some members on the House Ways and Means Education Committee in a divided voice vote:

The House Ways and Means-Education Committee voted Thursday for a bill that would transfer $30 million from a fund that provides telephone service for the deaf to the education budget.

Love isn't feeling any love for Alabama's deaf citizens.

Senator Paul Bussman-R and the side show of the lack of common sense---He's proposing (audio link) SB196, heavily lobbied for by rabid father's rights groups, we say rabid because the wording of the bill is extreme and not in the best interest of the child, a bar that is recognized nationwide, and will result in punishing a child when parents divorce.

If Bussman gets his way with this bill, in the absence of a "parenting plan" agreement by the divorcing parents, children will be forced to be uprooted and ordered to live with the other parent for one year, and any money spent for the child will allow for a reduction off child support. Bussman does not admit this fact in the audio link above. He also withdrew from continued mediation on the bill in early April.

The bill seeks to raise the already high bar of proving a parent to be unfit. Most law enforcement and family law attorneys admit that the current burden of proving unfitness allows for a lot of bad behavior that can be physically and mentally very damaging to children before the court will step in. So let's make that even harder to rise to?

We agree with an editorial from the Huntsville Times that says "the trial court should retain jurisdiction based on written findings of fact" rather than a blanket law that seems to puts parent's interests above the child like the one Senator Bussman is proposing.

Clinical Psychologist Kenneth Sullivan explains, "If it’s going to be split half and half, you’d expect that that’s going to impose less stability for the children. The children would be paying a price for the parents’ preference."

The legislature cannot keep their own affairs in order, what gives them the right to meddle in what are already complex and sensitive family court affairs? Maybe the explanation is that some of the 27 sponsors of the bill are ex-husbands with an axe to grind for grievances against their ex-wives that are now years old? And just for the record, if the shoe were on the other foot we would be just as troubled by it. So no H8 mail please.

Alabama spending spree with BP money---Some Gulf States have been unable to resist the thrill of BP money spending it on brand new SUVs, I-Phones, computers and scalawag state senators personal business interests i.e. Alabama Senator Trip Pittman and Baldwin County Commissioner Bob James. Little detail is available for where all the Alabama money went, but this MSNBC story reveals the big time Gulf states have been having on the BP dime.

"Alabama's Emergency Management Agency distributed $30 million without turning down a single request."

We have to wonder how many state employees, special interests, political buddies and elected officials got more than they should have in the deal. That includes the EMC and ADEM.

No detailed accounting has been offered. Big shock under the big top that one is.

Serve the Gulf or Serving Us Up?---The company that brought us the concept of "Alternative education" in the GoBuildAlabama campaign (the commercials are running again on Fox 6 after a hiatus) Big Communications, has put together a new ride and invited the whole world to step right up and delight in the Gulf seafood heartily and often and toss your concerns to the wind.

"It's safe, it's clean and it's dee-licious!"--Dr. Dr. Governor Bentley 

Even NOAA is getting in on the act:

April 12, 2011 Tweets
“Not one piece of tainted seafood has entered the market.” - #NOAA fisheries chief Eric Schwaab about 22 hours ago via TweetDeck

NOAA shows proof that Gulf seafood is safe: http://bit.ly/gwsG18  #oilspill #servethegulf about 22 hours ago via TweetDeck

"The FDA says a person could eat 63 pounds of peeled shrimp, five pounds of oyster meat or nine pounds of fish (18, eight-ounce filets) a day for five years without exceeding health risks." 

Is it really? Never mind the fact that the FDA raised the threshold of acceptable toxic chemical exposure limits after the BP Spill from 10 ppm to 100 million ppm on finned fish and from 50ppm to 500 ppm for shellfish. Many questions still linger and so does litigation about the testing procedures going on with Gulf seafood:

"It is unethical to 'experiment' with the health of the U.S. population or military members who may be admonished to consume TPH-tainted Gulf seafood."

We really do want the Gulf seafood industry to recover, especially for the fisherman who know only one way of life--to fish. But, we are highly skeptical that too many unknowns are at play and information is skewed or suppressed.  
(And please get rid of that damned "oyster czar" who is not helping the oyster fishermen one bit Governor Bentley.)

That's happening right now with tissue samples from sea turtles and dolphins and who defends the 'confidentiality' as they call it? NOAA.

When in doubt call the military out---In an effort to boost the economy in the Dauphin Island area post BP Spill, the Department of Defense has it's eye on the Isle:

“If we can do something to bring economic development to the island, bolster our local businesses and do something for our military men and women, how much better can it get?” Dauphin Island Mayor Collier said. 

Collier is considering the idea after frustration with what he calls "talk from politicians about getting BP money and using it for this and that" and "none of that has happened."

DI may have to 'give up' its golf course and some private beachfront parcels of land owned by residents for this to happen. Not everyone is on board with the proposal. If the residents don't want to sell, watch for Eminent Domain to make an unannounced appearance from behind the side door.

Welcome to Alabama Cockfighting capital of the US---Cockfighting is an old practice that dates back hundreds of years. It's cruel, crime-ridden and distasteful to a modern society. The operative word being 'modern.' Alabama has the weakest penalties in the nation.

A bill is in the legislature this year that would strengthen penalties for this barbaric practice that looks like it is going down in flames thanks to the Cockfighting lobby. Yes they really do have one. And we really are an archaic lot to encourage this lunacy.


Representative Mo Brooks-R does Alabama proud---Brooks was on the floor of the US House of Representatives this morning debating the 2012 budget and criticized "certain socialist members of the body" on their spending decisions. 'You are all socialists my democratic counterparts and yes I said it and whut are yew goin' ta do about it boys?!' 

He didn't get away with it though and was forced to withdraw the word:

After some awkward silence, Brooks was asked by the Republican in the chair if he had a request for unanimous consent, and Brooks then asked for unanimous consent that his use of the word "socialist" be stricken from the record.

Brooks was allowed to finish his remarks on the budget, and said, "For whatever reason I am permitted not to use one word."

He must have forgotten he wasn't in Alabama where such inflammatory language is encouraged. Tolerance is a virtue that gathers a lot of cobwebs when it comes to Alabama politicians. Watch for this on the national evening news.

Good job dunderhead, that will go a long way to help the state's image.

Step right on up folks and witness the greatest show that never was---sense and sensibility in Alabamy.

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"Millions For Defense, Not a Penny For Tribute"--Alabama Would Rather Fight the CAA Than Comply

History buffs know what the phrase by Robert Goodloe Hart meant back in the 1800s which was, in essence, we would rather fight than pay bribes to the French. In modern times, the phrase is flipped on its head by the utility giants who spend millions to thwart the CAA rules. Their dangerous 'mule-ish mindset' is one of resistance and obstinacy--they are willing to pay more for the fight than it would cost them to modernize and comply with federal regulations.

Political donors hold our governmental system captive with their undue influence. Buy a politician here, buy fifty over there, and pretty soon the entire system works for special interests and their agenda over the good of many. In Alabama that has been the way of doing business for decades.

Rules are re-written and adopted for the corporate benefit by spineless legislators and state agency yes men who live in fear of the corporate cash being cut off more so than they fear the ire of their constituents.

Alabama has a long history of bowing to the Big Mules, *Alabama Power in particular, and nothing on the modern day horizon suggests there will be change of this corporate stranglehold any time soon, if ever.
(paragraph #8) 

ADEM has announced it will bring suit against the EPA on behalf of the big polluters.
(story to follow in next posting)

Just one question if we may? Where does the state intend to get the money from?

This recent ruling by the EPA against ADEM illustrates how far the state is willing to go for their corporate masters. Alabama is broke, we have no money, our budgets are in such a state of disarray that it will take years to put them back in order, if ever. Deep cuts are occurring across the board to most state agencies, essential services, education funds and thousands of state workers are receiving pink slips.

We're in deep trouble from years of mismanagement that has been the SOP of not only most state budgetary affairs but the state environmental agency, ADEM, as well.

Filing a lawsuit against the EPA on behalf a corporate giant with profits in the billions is not only wrongheaded, it is something Alabama simply cannot afford to do, especially since the lead agency in this action, ADEM, is also experiencing cuts in operating revenue. Broke means broke and we think the state of Alabama is acting very irresponsibly to even entertain this idea.

President Bush, who never met a big polluter he wasn't sympathetic to, relaxed the Opacity Rule in his last days of office in corporate Alabama's favor. ADEM wants to continue to follow that bad decision even though they know, despite Mr. Glenn's claims below, that the end result was not at all protective of Alabama's air quality.

In a 2008 correspondence from the Alabama Environmental Council reference to an article from Ben Raines writing for the Mobile Press-Register reveals the impetus of the years of back and forth between ADEM and the federal government over SIP:

In a recent newspaper story in the Mobile Register regarding this (SIP) proposal, ADEM’s Ron Gore, Chief of the Air Division, is quoted as saying that this proposal “came about because the state's biggest power providers - including Alabama Power and the Tennessee Valley Authority - and other industrial polluters asked for it.”

Former ADEM director Trey Glenn in a 2009 letter to Governor Bob Riley makes a staggering claim on SIP considering his history of markedly decreased enforcement at ADEM:

In addition to the above issue, I would also like to clarify my view of the Administrator's comments regarding his effort to "determine if the entire package of proposed revisions is approvable and protective of air quality in Alabama." First, this statement suggests that ADEM proposed a rule that may not be protective of air quality in Alabama. I would never propose a rule that would not be protective of air quality in Alabama and certainly have not done so in this case.

Mr. Glenn may have well thought what he was saying was accurate, but he simply had no credibility to stand on based on examination of his record as the director of ADEM. A record that ended in a legal petition to have ADEM's water permitting authority removed and taken over by the EPA that has yet to be decided.

In short, ADEM has failed to serve as an environmental management agency since its inception. What it does serve is the ideal of a collection agency for corporate Alabama to ensure that the huge percentage of money that rolls in from these special interests permits and emissions helps to keep the agency, and Alabama's air, in the black.

When Alabama Power and TVA say attack, they demonstrate through their political clout in the form of "millions for defense" that the preferred course of action is to bray loudly and wield a mighty kick. The thrill of the fight is worth more to the Big Mule mentality than the sensible approach of using their corporate cash in the most responsible way by putting an end to this infighting that's causing Alabamians to suffer needlessly from increased toxic air emissions.

This ruling by the EPA is a victory for Alabama and her citizens. It should be heralded as a step in the right direction for sufferers of asthma, COPD and heart conditions among others. The medical community has firmly linked increased fine particulate emissions (PM3) to scores of health problems, genetic defects and premature deaths. But corporate Alabama doesn't seem to care about that as much as they care about their profits and being forced to dip into their enormous deep pockets and follow the federal rules.

Forcing the state to spend money we don't have for their sole financial benefit is greed with unmitigated gall.

The old adage of stubborn as a mule dovetails with Robert Goodloe Hart's words and ensures that when it comes to putting Alabamians quality of life and health above corporate power, ADEM prefers to stay firmly entrenched in the past and obey the Big Mule mantra of 'us first' and peoples rights a very distant second.
EPARegion4DenialofAlabamaSIP

Accompanying fact sheet on Alabama SIP

*Update Weds. PM--Four dirty air bills go down in defeat in US Senate to stop the EPA:
“Today we saw four separate amendments that were written for big polluters go down in the Senate. The failure of these attempts to boost the profits of the biggest corporate polluters at the expense of the American people is a victory for our country, our future, and for anyone who wants to breathe clean air, especially children, elderly, and the sick."

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Inside EPA--EPA Denial of Alabama SIP May Crimp State's Limits to Ease Opacity Limits

InsideEPA EPA Denial of Alabama0411

Document reprinted with permission. 
Reprinting does not constitute an endorsement of our site and reprinting and excerpts are not allowed without expressed permission from IWP.
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Southern Environmental Law Center Pushes Back Against BARD on SWMP

Clean Water Groups Defend State Effort to Reduce Polluted Runoff

Press Release
March 24, 2011


Gil Rogers, Senior Attorney, 404-521-9900 (email)
Cat McCue, Senior Communications Manager, 434-977-4090 (email)
Representing:
Cahaba River Society - Beth Stewart, 205-322-5326 x411 (email)

Montgomery, AL –The Alabama Rivers Alliance, Black Warrior Riverkeeper and the Cahaba River Society have filed a motion to intervene in a permit appeal by a business organization filed against the Alabama Department of Environmental Management to help defend the agency's stormwater program for small cities.

Represented by the Southern Environmental Law Center, the groups say the lawsuit by the Business Alliance for Responsible Development (BARD) is a delaying tactic aimed at keeping local and state stormwater controls weak and ineffective.  Without adequate programs to control polluted runoff from development and urban uses, downstream communities and businesses will continue to shoulder the high costs to clean drinking water and repair flood damages.

"Rivers, streams, coastal waters and lakes are critical to Alabamians for drinking water, recreation, wildlife and the economy.  Polluted runoff is harming those uses.  Every delay in halting polluted runoff means more degradation of our water and higher long-term clean-up costs for the public," said Gil Rogers, head of the Clean Water Program for the Southern Environmental Law Center, which filed the motion earlier this week in with the Alabama Environmental Management Commission. (Click here for a PDF of the motion to intervene.)

Under the federal Clean Water Act, ADEM is required to set up a permitting program for small cities to control their polluted stormwater runoff. In August 2010, the Environmental Protection Agency rejected ADEM's first version because it did not meet basic requirements of the law.  It was the first time the EPA had ever taken such a step with any state. ADEM subsequently made some modest improvements and issued a final permit on February 1.

Stormwater runoff is widely acknowledged as one of the most serious causes of water pollution in Alabama.

 "Many responsible developers in Alabama are already achieving the standards called for in ADEM's permit. Better stormwater practices that safeguard drinking water and help prevent flooding are proven to save money and make money for developers and communities," said Beth Stewart, Executive Director of the Cahaba River Society. "In these tough economic times, green projects with lower stormwater costs give developers and communities a competitive advantage, but lax stormwater controls undercut innovative developers and transfer costs to local governments and downstream neighbors."  

BARD's challenge of ADEM's stormwater permit represents one more salvo in its continued resistance to improving development practices that protect water quality.  For years, BARD has incited local governments to fight against standards that better manage development.  

BARD's misguided advice that local governments are doing too much to stop stormwater pollution has already made some cities and counties vulnerable to EPA audits and enforcement oversight. In 2009 and 2010 the EPA found that the stormwater programs of cities and counties in the Birmingham-Hoover metro area were not meeting basic requirements of the Clean Water Act.

"Traditionally, our organization has been on the opposite side of ADEM, as we consistently challenge them to do a better job of protecting Alabama's waters," said Eva Dillard, Staff Attorney for Black Warrior Riverkeeper. "We're taking ADEM's side in this appeal because we don't want to see the permit weakened even further, which is BARD's main objective."  

"Enforceable permits are absolutely essential to stopping the devastating impacts of uncontrolled stormwater across Alabama," said Mitch Reid, Program Director of the Alabama Rivers Alliance. "Protecting our rivers is a shared responsibility of government at every level and this permit provides a level playing field so that no community is disadvantaged for doing the right thing for our environment."

The proposed permit will govern the local stormwater programs of about 60 smaller cities and counties for the next five to seven years.  Just as important, ADEM has indicated that this permit will be the basis for other stormwater permits that will be written for larger cities and counties, as well as for the Alabama Department of Transportation.

The Southern Environmental Law Center uses the power of the law to protect the environment of the Southeast.  The Alabama Rivers Alliance is devoted to healthy rivers, healthy people, and a healthy system of government for the state of Alabama. Black Warrior Riverkeeper protects and restores the Black Warrior River and its tributaries.  The Cahaba River Society's mission is to restore and protect the Cahaba River watershed and its rich diversity of life.

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Big Business Uses the Religious Right as its Messengers--EthicsDaily.Com

The Cornwall Alliance is a Big Oil funded greenwashing group connected to many right-wing religious groups, and they are using religion to manipulate people. They are trying to convince gullible people that environmentalism, of all things, is evil and nasty and threatening American’s belief in Jesus. Does that make any sense? Of course it doesn’t.

Reverend James L. Evans writing for Ethicsdaily.com makes the case for why we should care for the environment and the misuse of the poor as political pawns by the religious right and corporate America. The coal ash bill currently moving through the Alabama legislature is a prime example of this nefarious agenda in our opinions, because it will disproportionately affect Alabama's poorer communities. But it must be "good legislation" because 'self-professed upright, Christian lawmakers' in the legislature are pushing for it right? Not!

The Psalmist declares, "The earth is the Lord's, and the fullness thereof."

However, a group of evangelicals known as the Cornwall Alliance for the Stewardship of Creation seems to take issue with that notion. According to Alliance spokesman, E. Calvin Beisner, "God put humans in charge of nature."

The Cornwall Alliance is cosponsor of a recently released DVD series titled "Cult of the Green Dragon."

The message in the DVD series is basically that efforts to save the environment and to curb global warming and pollution are the direct result of "a cult" that worships the creation rather than God.

"Around the world," argues Christian radio talk show personality Janet Parshall, "environmentalism has become a radical movement."

In a promotional video for the DVD series, Parshall expands her criticism. "It's something we call the 'Green Dragon.' And it is deadly to human prosperity, deadly to human life, deadly to human freedom. And deadly to the gospel of Jesus Christ."

I must pause here and ask every serious reader of the New Testament if they really believe that human prosperity was one of Jesus' chief concerns. If I recall, one of the most prosperous individuals Jesus ever encountered was encouraged to take his wealth and give it to the poor, and then become a disciple.

But, I digress.

The Cornwall Alliance, walking in lockstep with conservative political ideology, questions the danger of global warming.

Alliance members, not surprisingly, oppose legislation that would tax carbon use, fearing that such measures will drive up the price of energy, hurting the poor most of all.

Don't you love it when conservatives suddenly begin to care about the poor, especially when it dovetails with efforts to protect corporate polluters?

G. Dodd Galbreath, executive director of Lipscomb University's Institute for Sustainable Practice, has some issues with the logic of the producers of "The Green Dragon."

His view is that the world's poor stand to get hurt most by pollution because they're more likely to work and live around it.

"God expects us to have faith in Him to deliver what we think we are losing when we do the right thing," said Galbreath in an interview with HTRnews.com. "I don't see fear as having anything to do with faith."

Galbreath went on to downplay the notion that environmentalism is a radical movement.

"We've seen this phenomenon when Jesus was introduced," he told HTRnews.com. "He was called radical. Christianity is supposed to grow. It's not a static faith."

The effort of some in the Christian community to demonize the environmental movement is unconscionable.

The image of the "Green Dragon" is an intentional effort to link the environmental movement to images of Satan in the Bible. Alliance director Beisner points to images of the serpent in the Garden of Eden and the dragon of the Book of Revelation as inspiration for the imagery.

While there is certainly room for honest disagreement and debate on the impact of human activity on the environment, there is no room for casting that debate in terms of a contest between the forces of good and evil.

Common sense alone would suggest that the level of industry, coal burning and fossil fuel emissions, along with the introduction of vast urban areas covered with concrete and asphalt, cannot help but impact the environment in some ways.

Calling those concerns demonic, however, contributes nothing positive to the conversation.

James L. Evans is pastor of Auburn First Baptist Church in Auburn, Alabama

**NY Times "Delay in Coal Pollution Rules Took Toll in Lives"
For clean air advocates, the release of the rules is a milestone. But for some they will have come too late.
“This could have been done 20 years ago,” Mr. Bachmann said. “These delays, as they’ve mounted up, have had a cost in people dying sooner. And it’s not trivial.”

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Black Warrior RiverKeeper Press Release on Birmingham City Council Sheperd's Bend Coal Mine Resolution

In a very sensible move, the Birmingham City Council passed a resolution today against the University of Alabama leasing or selling any land for the purpose of coal mining activities, that will discharge toxic wastes into the Black Warrior River directly across river from the intakes of the Birmingham Water Works.

We applaud this resolution and congratulate BWRK for their steadfast devotion to helping to make this a reality. It's one for the win column in what is sure to remain a hard fight against big coal in Alabama. 

BWRK is urging concerned citizens to continue to contact the UofA and voice their opposition. Thank your riverkeepers too for looking out for you Alabama!

The UA System is on Spring Break and their UA System Office voice mail is now full.  

Please relay your Shepherd Bend Mine concerns to their leadership via email today: 

mportera@uasystem.ua.edu
mbownes@uasystem.ua.edu
mspearing@uasystem.ua.edu
rsmith@uasystem.ua.edu
kreinhar@uasystem.ua.edu
stjohnfe@bellsouth.net

witt@pres.ua.edu

cgarrison@uab.edu

And please call them next week when they’re back from vacation: 205-348-5320
2011BWRKPressReleaseBirminghamShepherdBendResolutionMar152011

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Public Meeting on Proposed Coal Ash Regulation Bills in Alabama Legislature 2011

       

WildLaw Community Action Coalition

Contact:  Barbara Evans

Organizing Coordinator

334-324-7222

Barbara@wildlaw.org

  

The Senate Committee on Commerce, Transportation and Utilities will meet at 9 a.m. on Thursday, March 10, 2011 in Room 727 to consider SB 80, sponsored by Senator Del Marsh of Anniston.

While this bill has been described as an attempt to regulate coal ash, in truth it will change the coal ash from being handled as “special waste”  to “solid waste”, which would allow the toxic substance in every household waste landfill in Alabama. 

Residents of Perry County Alabama who live near Uniontown are already experiencing health problems and quality of life issues because of the toxic coal ash brought in from the huge environmental disaster in Tennessee.

The federal Environmental Protection Agency is currently considering regulating coal ash as hazardous waste, which could only be deposited in hazardous waste landfills such as the one in Emelle, Alabama. The EPA decision may not come until 2012.

While SB 80 allows for future compliance with any regulations set forth by EPA, in the interim it would allow coal ash in Alabama’s household waste landfills, even to be used as a cover for household waste, and would “grandfather” in sites currently accepting coal ash, such as the Perry County Landfill. 

At a House Committee meeting last week, residents from Perry County testified about how the coal ash has impacted their lives, health, and made their land worthless. That dump is located right across a county road from an African American community.  The mountain of coal ash can be seen from miles away, and the stench keeps people indoors.

The legislation is backed by the Alabama Department of Environmental Management.

“People need to be extremely concerned about this legislation”, said Barbara Evans, Organizing Coordinator.  “While coal ash needs state regulation, it must be classified as what it truly is….hazardous waste.  The toxic coal ash brought to Alabama from Tennessee to Perry County was still a toxic substance when it got here.  I am concerned that this bill is being rammed through on a fast track without the whole truth being told about what the bill does.”

Courage is not the absence of fear; it is the power, through faith, to overcome that fear.

**Editor's Note--SB80 is the companion bill to HB50 sponsored by Representative Greg Canfield-R.
Senator Del Marsh-R is sponsoring SB181 that seeks to limit and cap the fine amounts for violations determined by ADEM and the EMC:
"c. Any civil penalty assessed or recovered under paragraph a. or b. of this subdivision shall not be less than $100.00 or exceed $25,000.00 for each violation, provided however, that the total penalty assessed in an order issued by the department under paragraph a. of this subdivision shall not exceed $250,000.00.

**It is important to note that ADEM profits off of each ton of coal ash deposited into landfills, yes, as ridiculous as it sounds, the same agency that is charged with enforcing regulations and compliance is on both sides of the fence.

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