Asheville Beyond Coal Archives – Page 2 of 7

Tell DEQ to Stop Duke’s Water Pollution at Cliffside

Action Expired

For years the coal ash dumps at Cliffside have contaminated groundwater and waterways with toxic heavy metals and constituents like arsenic, chromium, cadmium and others, threatening nearby residents and who overwhelmingly spoke out demanding a full clean up of the site in March of this year.

Instead of responding to locals’ call with definitive action and requiring Duke to stop toxic discharges to public waters, DEQ has fallen short of its duty…again. The draft wastewater permit converts existing streams into Duke’s own wastewater channels, papers over illegal discharges by attempting to permit them, fails to define limits for how much toxic heavy metals can flow into the Broad River, purports to waive water quality standards in a 12-mile mixing zone for some discharges and misses other opportunities to require Duke to clean up their mess.

This is unacceptable. Our state should protect people, not polluters, and MountainTrue is encouraging all community members to speak out against DEQ’s proposed permit. Attend the public hearing on November 10 and submit your written comments online telling DEQ to withdraw the proposed permit and amend it to adequately protect water quality in the Broad River. Please don’t forget to share with your friends and family.

Bad Coal Ash Bill Being Rushed Through Raleigh

Action Expired

On the evening of Tuesday, June 28 the North Carolina Senate rushed through a rewrite to H630, the state’s coal ash cleanup law. This bad coal ash bill is quickly making its way through the legislature and we expect the House to take it up as soon as today.

Please call your NC Representative Immediately and ask them to NOT CONCUR with the Senate’s version of House Bill 630.

Official statement by MountainTrue Co-director Julie Mayfield:

“The legislature’s rewrite of the state’s coal ash cleanup law is a betrayal of the people of North Carolina. The General Assembly has abdicated its responsibility to clean up North Carolina’s coal ash and protect us from the ill effects of toxic pollutants.

“HB630 would disband the Coal Ash Management Commission and with it any effective oversight of the Department of Environmental Quality, which has a poor record of protecting our communities and our environment. Worse, this new legislation delays final classification for North Carolina’s coal ash pits and completely guts the criteria the state uses to determine the threat of these pits to our communities. The result will leave coal ash in place to continue polluting groundwater, our rivers and our streams.

“The strength of the Coal Ash Management Act of 2014 (CAMA) was that it used science to guide the coal ash cleanup effort. That science indicated that there are no low priority coal ash sites or low priority communities. Now the legislature wants to scrap the protections that are based on that science – protections lawmakers themselves have repeatedly touted as ‘the best in the country.’ The legislature’s willingness to weaken laws that protect so many people from such harmful pollution is both bewildering and shameful.”

Read the full text of H630.

H630, as passed by the Senate, would:

eliminate the Coal Ash Management Commission and, with it, legislative oversight over the NC Department of Environmental Quality, a deeply politicized agency with a poor track record;
eliminate criteria for risk assessment based on a site’s threats to public health, safety, welfare, the environment and natural resources;
give Duke two years, until October 15, 2018, to provide clean drinking water to affected households through a water line or filtration device;
require that DEQ classify ponds as “low risk” if dams are repaired and public water supply hookups are provided, regardless of whether they continue to pollute ground and surface waters;
allow the DEQ to revise and downgrade their classifications of coal ash pits for 18 months, until November 15, 2018;
delay closure plans for low and intermediate sites until December 31, 2019; and
give DEQ expanded authority to grant variances and extensions to the deadlines above, creating further delay and less accountability for Duke Energy.

The time to act is NOW. Call your representative and tell them that no North Carolina community is a low priority. Tell them to oppose H630.

June 9: Hendersonville Green Drinks: Prioritization of Transportation Projects in North Carolina and Our Region

Hendersonville, N.C. — On Thursday, June 9, Hendersonville Green Drinks welcomes featured speakers Lyuba Zuyeva, Director of the French Broad River Metropolitan Planning Organization, and Tristan Winkler, Senior Transportation Planner with the French Broad River Metropolitan Planning Organization, who will discuss how transportation projects go from concept to funded project.

The State of North Carolina uses a data-driven process that is open and transparent, but not always the easiest to understand. Presenters will go through the process the state uses to prioritize projects, what projects are currently being considered, and how the public can get involved.

What: Hendersonville Green Drinks: Prioritization of Transportation Projects in North Carolina and Our Region
Who: Lyuba Zuyeva, Director of the French Broad River Metropolitan Planning Organization, and Tristan Winkler, Senior Transportation Planner with the French Broad River Metropolitan Planning Organization.
Where: Black Bear Coffee Co. 318 N. Main St. Hendersonville, NC
When: Thursday, June 9 networking at 5:30 p.m. , presentation at 6:00 p.m.

About Hendersonville Green Drinks
Hendersonville Green Drinks is presented by MountainTrue and the Carolina Mountain Land Conservancy. Come to Green Drinks to learn more about current environmental issues, have relevant discussions, and meet with like-minded people. This is a monthly event and everyone is welcome. You don’t have to drink at Green Drinks, just come and listen. Black Bear Coffee offers beer, wine, coffee drinks and sodas. A limited food menu will be available.

What The Heck Is Going On In Raleigh Re: Coal Ash? Some Answers

Action Expired

After approving comprehensive coal ash legislation in 2014, a Supreme Court battle in 2015 and an abrupt end to the state’s Coal Ash Commission in 2016, the North Carolina General Assembly took up SB 71 this week to revise the state’s coal ash clean up laws. The bill would reconstitute the state’s Coal Ash Management Commission, extend the timeline for making final classifications of Duke Energy’s coal ash pits and require Duke Energy to provide a permanent drinking water supply for some residents living near coal ash pits.

The bill’s chief sponsor is Representative Chuck McGrady of Henderson County.

The GOP-controlled House passed SB 71 on Wednesday, May 25 by a vote of 86 to 25 and sent it to the Senate, after speeding the bill through several committees. The Senate could take up the bill as soon as next week. Senate leaders, including Hendersonville Republican Sen. Tom Apodaca, appear to support the legislation but want to fix a largely technical issue with some of the bill’s language.

You can read the current text of SB71 (version 3) here.

Here’s a summary of the major parts of the bill and MountainTrue’s take on each part:

1. Clean Drinking Water. The bill requires Duke Energy to provide a permanent source of clean drinking water to homes where wells are already or will potentially be contaminated by coal ash. Residents whose drinking water is threatened by coal ash contamination will be connected to public water supply, or, where doing so cost is prohibitive, Duke will be required to provide and maintain water filtration systems.

MountainTrue’s Take:
We support the legislature’s efforts to provide a safe, permanent drinking water supply to all residents who are or will be affected by coal ash. (It’s this section of the bill, by the way, that needs fixing in the Senate. An amendment approved during the House debate of the bill inadvertently disqualifies some people from receiving requirement of clean drinking water. Clearly, this mistake must be corrected.) While we support piping in clean water to these residents, requiring Duke Energy to do so does not take the company off the hook for thoroughly cleaning up North Carolina’s coal ash pits; nor should it be used to justify downgrading the risk classification for any coal ash pond.

2. Beneficial Use of Coal Ash. SB 71 requires that Duke Energy find safe, beneficial reuse of 2.5 million tons of coal ash annually, with at least 50 percent coming from existing coal ash pits.

MountainTrue’s Take:
We support a legal requirement that Duke Energy find a safe reuse of coal ash to reduce the amount that must be excavated and stored away from our rivers and drinking water sources. SB 71 specifically and correctly dictates that this coal ash be used to make concrete – a relatively safe application – instead of other less safe products, such as agricultural fertilizer or landscaping infill.

3. Reviving the Coal Ash Commission. The overriding goal of SB 71 is to reconstitute the Coal Ash Management Commission, which was disbanded when the state Supreme Court agreed with Governor McCrory that the commission created under the 2014 legislation violated the state constitution’s separation of powers requirement. In response to the court decision, SB 71 gives the executive branch more oversight of the Coal Ash Management Commission. Under the new bill, the governor would appoint five of the commission’s seven appointees, who would be subject to confirmation by the General Assembly. The previous commission included three members appointed by the Senate, three by the House, and three by the Governor.

MountainTrue’s Take:
MountainTrue supports oversight and review of the Department of Environmental Quality’s (DEQ) coal ash cleanup efforts, which have not inspired confidence in the agency’s leadership. The problem is that under SB 71, reconstituting the commission would also provide an opportunity to change DEQ’s recently announced classifications for most coal ash pits in the state. These classifications dictate the level of clean up at each coal ash pit, including whether a pit must be emptied and the coal ash moved offsite or simply capped in place. Many in the legislature believe these classifications are a political stunt by the McCrory administration to appear tough on Duke Energy – and that Duke will find a way around them. Others believe Duke’s claims that the DEQ classifications will require clean-up efforts that are unnecessarily and prohibitively expensive – and will drive up utility costs for consumers and businesses. We believe these concerns are exaggerated and that, if they prove to be accurate, they can be addressed more narrowly, without revising all of the DEQ classifications.

4. Extended Comment Period. SB 71 reopens the public comment period for the proposed risk classifications for the state’s coal ash ponds until August 1, 2016. Under the proposed bill, DEQ will have until September 1, 2016 to submit new proposed classifications for review by the Coal Ash Management Commission, which is reformed under the legislation. The Commission will have up to 240 days to make a final classification.

MountainTrue’s Take:
We strongly oppose unnecessary delays to the approval of the risk classifications for the state’s coal ash ponds. Under SB 71, final decisions about classifications might not occur until March 2017. That is an unacceptable delay. Duke Energy and the state have been collecting data on coal ash lagoons for years. Earlier this month, DEQ issued its recommended classifications, as required by the 2014 Coal Ash Management Act. The Governor, DEQ and the legislature should accept these classifications. If there is concern about Duke’s ability to meet statutory deadlines for excavation, those concerns can and should be addressed without revising the 2014 legislation altogether.

Bottom Line:

We understand and agree with the motivations of Representative McGrady and other legislators who support this bill, and their desire to help the people of North Carolina who are most directly impacted by coal ash pollution. However, we believe that risks of SB 71 outweigh its benefits. We are concerned that in the process of revising the state’s coal ash laws, the legislature may provide an avenue for the reclassification of many of Duke Energy’s coal ash pits and substantially decrease the quality of their clean up, including the number that are required to be excavated rather than simply capped in place. If there is concern about Duke’s ability to meet statutory deadlines for excavation or other requirements of the Act, those concerns can and should be addressed without running the risk of revising the entire classification process for most of Duke Energy’s coal ash pits.

Making Your Voice Heard

The legislature’s review of SB 71 is ongoing but moving quite quickly. North Carolinians who want to have their voices heard on this important legislation should act now.

We encourage you to contact your legislators and ask them to reject any changes to the state’s coal ash laws that would allow the current classification recommendations submitted by the DEQ to be revised.

> Click here to take action.

If you have questions about this issue or MountainTrue’s coal ash work, please contact Joan Walker, Campaigns Director at joan@mountaintrue.org or 828.258.8737 x205.

Show your support for the Energy Innovation Task Force

This Tuesday, March 22, Asheville City Council will vote on a resolution to establish the Energy Innovation Task Force. Then on April 5, Buncombe County Commission will meet to vote on the same joint resolution. Once established, his task force will bring together representatives from the City, County, Duke Energy and community partners to work toward to a cleaner, affordable and smarter energy future.

The work of the Energy Innovation Task Force will be to strategize and implement a plan that will meet the region’s future energy demand through more energy efficiency and investment in renewable energy infrastructure so that we can avoid the construction of a third natural-gas-powered “peaking” unit at Lake Julian.

Asheville City Council Meeting
March 22 at 5:00 p.m.
Asheville City Hall
70 Court Plaza, 2nd Floor
Asheville, NC 28801

Buncombe County Commissioners Meeting
April 5 at 4:30 p.m.
Buncombe County Building
200 College Street, 3rd Floor
Asheville, NC 28801

Public comment will be accepted. Come to both the Asheville City Council meeting and the County Commission meeting and show your support for the creation of the Energy Innovation Task Force!

Text of the Resolution

RESOLUTION NO. __________

RESOLUTION ESTABLISHING A JOINT CITY, COUNTY AND UTILITY ENERGY INNOVATION TASK FORCE FOR THE PURPOSE OF RESEARCHING, PRIORITIZING, RECOMMENDING AND IMPLEMENTING RECOMMENDATIONS TO CREATE ENERGY EFFICIENCY, DEMAND SIDE MANAGEMENT AND RENEWABLE ENERGY OPPORTUNITIES TO REDUCE ENERGY USE IN BUNCOMBE COUNTY_________________

WHEREAS, Buncombe County adopted a resolution regarding Buncombe County Energy Independence on December 3, 2013; and

WHEREAS, the City of Asheville adopted a resolution Supporting a Clean Energy Economy on October 22, 2013; and

WHEREAS, the region’s beauty, clean air, and clean water are vital to the residents of Buncombe County and the region’s economy; and

WHEREAS, the City of Asheville, Buncombe County, and Duke Energy Progress are committed to working to delay or avoid the construction of an additional fossil fuel-powered combustion turbine electricity generating facility at the Asheville Plant site in 2023; and

WHEREAS, the City of Asheville, Buncombe County, and Duke Energy Progress desire a transition to a cleaner, affordable, and smarter energy future in Western North Carolina, rooted in community engagement and collaboration, that is mutually beneficial to the community, customers and Duke Energy Progress; and

WHEREAS, Duke Energy Progress has agreed to co-convene with the City of Asheville and Buncombe County a joint Energy Innovation Task Force to transition to a cleaner, affordable, and smarter energy future through active community engagement, deliberate investment in distributed energy resources and greater promotion of and access to energy efficiency and demand-side management programs, subject to appropriate North Carolina Utilities Commission approval; and

WHEREAS, supporting a clean energy future will foster protection of natural resources, help mitigate climate change, and facilitate the growth of the clean energy industry in our region; and

WHEREAS, the task force will engage with our community to provide cost-effective services, programs and new products they value and expect through investment in clean and innovative ways to power Western North Carolina, while keeping rates competitive; and

WHEREAS, Buncombe County residents and businesses have the ability to seize this opportunity to use renewable energy and participate in energy efficiency and demand-side management programs to increase the region’s climate resiliency and to become a model to other communities in the state and country.

NOW, THEREFORE, BE IT RESOLVED BY THE BUNCOMBE COUNTY COMMISSION AND ASHEVILLE CITY COUNCIL THAT:

Buncombe County, the City of Asheville and Duke Energy Progress have established a joint task force known as the “Energy Innovation Task Force” that will appoint members from local government, environmental and clean energy advocates, large and small businesses, local institutions and Duke Energy Progress to research, recommend and implement energy efficiency and demand-side management programs and projects and distributed energy technology in Buncombe County, subject to appropriate North Carolina Utilities Commission approval. This Task Force will seek input from and engagement with the public as an integral part of its work.

Read, approved and adopted this __ day of March 2016.

Buncombe County Commission Chair Mayor, City of Asheville

County Clerk City Clerk
Approved as to form:

County Attorney City Attorney

N.C. Utilities Commission Denies Duke Energy’s Application for Third Unit

Asheville Beyond Coal activists protesting the coal-fired power plant during a float on Lake Julian. The power plant produces CO2, SO2 and coal ash which pollutes the French Broad River.

On February 29, the North Carolina Utilities Commission handed down its decision on Duke Energy’s “Western Carolinas Modernization Project” giving Duke the go-ahead to construct two 280 megawatt natural gas combined cycle units, but rejecting a controversial third 186 MW “peaking” unit.

The two new natural gas units will replace the existing 379 MW coal plant when it retires in 2020. Duke had also sought approval of a third “peaking unit” despite having publicly stated that the unit would not be needed until 2023 and that company would work to avoid having to construct it by partnering with local communities, investing in more renewable infrastructure and expanding access to energy efficiency programs. By denying this part of the application, the Commission was respecting the recommendation of its Public Staff and calls from the public.

MountainTrue and the Sierra Club, represented by the Southern Environmental Law Center, were intervenors in the proceedings before the Utilities Commission. We provided the commission with expert analysis conducted by Dick Hahn, a senior executive in the energy industry with over 40 years of technical experience, who determined that Duke’s plan was too big, too expensive and unjustified. We asked the commission to reject the application and to call on Duke to come up with a better plan, one that would save ratepayers money, be less reliant on fossil fuels and help create new green energy jobs. Short of that, we called for the rejection of the third “peaking” unit.

The Commission’s decision falls short of a complete rejection. The full decision is expected to be released in the coming weeks, and, at that time, MountainTrue and the Sierra Club will review our options with our legal counsel and take the appropriate action.

This outcome is not perfect; we can’t ignore the destructive effects of methane and natural gas on our global climate. However, the denial of Duke Energy’s application for the third “peaking” unit by the Utilities Commission should still be seen as a victory for Western North Carolina. Duke Energy’s “Western Carolinas Modernization Project” was a direct result of a years-long campaign to shut down the coal-fired power plant on Lake Julian and to clean up its coal ash ponds. Thousands of MountainTrue and Sierra Club members made their voices heard, took action and won. Then when Duke put forth the first version of their modernization plan, our members took action again and helped defeat the new massive transmission line that Duke proposed to build by clear-cutting a path through the farms, forests and communities of Henderson, Polk and Transylvania Counties.

Face painting at the Protect Our Land Picnic in Hendersonville. Residents rallied in opposition to a transmission line that would have cut through the forests, farms and communities of Henderson, Polk and Transylvania counties and a new substation proposed for Campobello, S.C..

We’ve also secured from Duke, a promise to build 15 megawatts of new solar power infrastructure and 5 megawatts of cutting-edge industrial battery storage. The company has committed to working with the City of Asheville through the city’s Clean Energy Framework to help meet future demand through greater investment in renewables and expanded energy efficiency programs – with the express intent of avoiding the need for a third natural-gas fired peaking unit in the future.

Time and again, our communities have come together to oppose dirty coal, toxic waste, destruction of our natural heritage and beautiful mountain vistas. Because of that hard work, we’ve won a future where coal ash no longer pollutes the French Broad River, where smokestacks no longer spew sulfur dioxide into the air that we breathe, and where Duke has to respond to the concerns of our residents.

For that, MountainTrue thanks you for your ongoing support and dedication to protecting the places we share.

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