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The Lithium War Next Door
By: Alexander C. Kaufman, The Huffington Post May 22, 2022 This story was published in collaboration with The Assembly, a digital magazine about the people, institutions and ideas that shape North Carolina. GASTON COUNTY, North Carolina — Brian Harper opened the door to his back porch, stepped outside, and inhaled the brisk air. Exhaling, he stretched his arms out wide as if to embrace the bucolic scene before him. Moments like this were sacred — and, he feared, fleeting. On that late afternoon in early January, the sun cast a golden tint over the brown frost-nipped fields behind the Harper family’s stately brick home. Just a few hundred feet away was the red barn containing his workshop, where he makes precision gears for clients like Duracell, Dart Container Corp. and Nestlé. Harper, 54, wanted to catch the last bit of light on his quiet stretch of farmland about 45 minutes northwest of Charlotte. He crunched onto his icy lawn and cut a diagonal path across his neatly mowed 12 acres. Past the neighboring home where his sister-in-law and her family live and down a gentle slope, he came to a stop on the squishy banks of a brook. He crouched down and pointed to a small mound of mud — a crayfish burrow. Before long, Harper said, a herd of deer would make its nightly visit to drink and munch on greenery the recent cold snap hadn’t yet claimed. “This, to me, is paradise,” Harper said. “And all this, when they start mining, will disappear.” Brian Harper, a local business owner, walks between his home and his sister-in-law’s on their properties in Cherryville, North Carolina. BRIAN BLANCO FOR HUFFPOST Beneath these rolling hills lies what many investors now call “white gold.” And just beyond Harper’s tree line, the mining startup Piedmont Lithium wants to dig up to four 500-foot-deep pits to pull out the lithium reserves that once made Gaston County the world’s top source of the soft metal now used to make batteries for cellphones and electric vehicles. If permits and local zoning changes clear the way for the project, Piedmont could begin digging as early as next year, making this likely the first major new supply of American lithium since demand started surging over the past two years. The mine has become an unlikely microcosm of a clean-energy conflict starting to take center stage in the debate over how to avert catastrophic global warming. To preserve a planet with hospitable weather patterns resembling what we see today, the world needs to rapidly phase out oil, gas and coal. But quitting fossil fuels means dramatically increasing the supply of minerals such as lithium, nickel and cobalt that make it possible to do with electricity what today requires igniting liquid carbon. And in places from Chile to Serbia, Nevada to now North Carolina, the clashes erupting between mining companies and the people who live near resource deposits are increasingly known as “lithium wars” and could dictate how that transition happens. Lithium’s Tar Heel Foothold Few places in the U.S. better exemplify the demand for battery metals than the American South, where the power grid is especially dirty, the lack of public transit makes personal automobiles necessary, and labor laws that are unfavorable to unions have helped attract car factories. Last December, Toyota unveiled plans for a $1.3 billion battery plant in Greensboro, North Carolina. In March, Vietnamese electric-car maker VinFast announced it would build its first U.S. plant in North Carolina. This week, Hyundai confirmed Savannah, Georgia, as the site of its next big electric vehicle factory. The South Korean battery behemoth SK Innovation was already building its manufacturing hub in northern Georgia to supply lithium packs to the Tennessee factories building Ford’s electric F-150 and Volkswagen’s signature crossover models. Beneath the soybean fields, pine stands and trickling streams of this county is a uniquely pure vein of minerals containing the most valued type of lithium on the market today. The price of the metal overall surged nearly 500% between 2021 and 2022, with forecasts showing demand is set to increase fourfold by the end of the decade. Lithium hydroxide, the type of finished product Piedmont would sell, sold in mid-May for as much as $72,000 per metric ton — a 127% increase since the start of the year. Pines dot the landscape at a farm adjacent to the site of a proposed pit mine in Cherryville. BRIAN BLANCO FOR HUFFPOST But as the Biden administration and lawmakers from both parties push to ramp up domestic mining and processing in hopes of breaking China’s near-monopoly on the metal, local opposition is mounting. In Nevada, Native American tribes, ranchers and environmentalists complain that a big proposed lithium mine in the desert threatens to desecrate sacred land, deplete a drought-dried water table, and kill off rare plant species. In California, plans to extract lithium from the inland Salton Sea have stoked concerns over air pollution and toxic contaminants. Projects to mine copper, nickel and rare earth minerals — all critical ingredients to a post-fossil future — have faced similar complaints across Western states. With the roughly 3,200 acres of land it now controls, Piedmont vowed to make this county — which in the 1950s was the epicenter of global lithium production — the home of “the world’s most sustainable lithium project.” The company is spending millions on infrastructure and equipment that it said will set a new standard for reducing air pollution and noise from a mine of any kind. It has pledged to treat and recycle water, help neighbors whose water wells run dry as a result of the mining, and pay local employees salaries about 50% higher than the county average. “You couldn’t possibly design our project in a more environmentally friendly way — our team is smart, experienced and cognizant of what the rules are,” said Keith Phillips, 62, Piedmont’s chief executive and a former mining banker on Wall Street. “We think it’s the best lithium asset on the planet, and we think the community should be inordinately proud of it.” But that sales pitch is falling flat with many residents here, who fear the mine dooms a community with families who trace their roots back centuries. Unlike projects out West, which are largely located on sparsely populated tracts owned by the state or federal governments, Gaston County has more than 610 people per square mile — nearly seven times the average U.S. population density. There’s no municipal water supply, and the mine will draw millions of gallons from the same water table that replenishes local wells and streams. Residents here worry about pollution: Small-scale mining from decades ago left behind toxic waste. And in a county close to one of the nation’s fastest-growing financial capitals, property owners wince at how much value their land could lose if there’s a mine practically in their backyard. Signs like this one opposing Piedmont Lithium’s proposed pit mine mark the roadsides of Gaston County. BRIAN BLANCO FOR HUFFPOST Piedmont, by its own admission, has been slow to reach out to the community, many of whose members now see the company’s executives as opportunistic carpetbaggers. In a place where children bear surnames etched on gravestones older than the United States itself, many residents worry the horizon for any benefits from the project is short. If mining lasts only 30 years, as company statements have suggested, or alternative battery chemistries make lithium-ion packs obsolete, they fear their sacrifices will have only enriched Piedmont’s shareholders. Now a coalition of those neighbors wants to stop the project in its tracks. For months now, signs calling for Piedmont to leave have fluttered up and down the country roads that crisscross the county. Fearing state and federal mining rules are stacked in favor of permitting the project, these locals have focused on what they see as the most vulnerable chokepoint: persuading the Gaston County Board of Commissioners to reject Piedmont’s bid to rezone the area from agricultural to industrial use. At public hearings so far, these opponents of the mine outnumbered supporters. Both sides of the feud see it as an existential fight. If wells dry up, if contaminants make it less safe to live here, or if the wildlife and landscapes that define the area disappear, many lament the possibility of becoming the final generation of their families to call this place home. But others worry that if a state-of-the-art mine can’t move forward in a place with a history of lithium production at a time when political and market demand is this high, then the chances of seriously slashing fossil fuel use in the world’s largest economy look slim. “Right now, the battery plants that are there in the U.S. are dependent on imports,” said Caspar Rawles, an analyst at the British-based battery supply chain research firm Benchmark Mineral Intelligence. “Having a domestic, secure supply of lithium is critical. And obviously Piedmont is one of those projects.” The sun rises over the Appalachian Mountains near Mt. Pisgah, about two hours west of Gaston County. TERESA KOPEC VIA GETTY IMAGES Old Rocks, New Demand Long before there was a Gaston County or a United States — hundreds of millions of years ago — the tectonic plates beneath northern Africa and North America collided, forming the Appalachian Mountains. Molten magma oozed into cracks in the Earth’s crust and formed veins of igneous rock geologists call pegmatite containing a mineral named spodumene, the ore that is processed into lithium. The deposit, known as the Carolina Tin-Spodumene Belt, is one of the oldest and most economically important formations of its kind in North America. The belt is roughly 25 miles long, snaking northeast from the South Carolina border to Lincolnton, North Carolina. The thickest portion, barely 2 miles wide, is in Gaston County, where outcroppings of the yellowish, flaky mineral are abundant enough that you can pluck samples from boulders in the woods. It’s hard to tell from today’s quiet, rural landscape, but this area was the cradle of the lithium industry throughout the mid-20th century. Small mines along the belt supplied most of the world’s lithium, then primarily used for pharmaceuticals and, later, in nuclear weapons. Demand for the commodity grew quickly after World War II as industry and Cold War arms makers alike increased their appetites. Some mom-and-pop miners even dug trenches in their backyards and sold ore to the federal government. In 1939, the value of lithium mined in the U.S. came out to a little over $500,000 annually, according to inflation-adjusted data from a 1955 U.S. Geological Survey report. By 1953, that output was worth more than $21 million. The next two decades were the heyday of Gaston County’s lithium boom. And it was, quite literally, a boom. Back in the 1970s, when miners set off dynamite to break up rocks at the now-defunct Hallman-Beam lithium mine in Bessemer City, the windows would rattle in Dean Crocker’s home. “Those blasts could be heard for miles and miles,” said Crocker, now in his 80s, a cattle farmer whose family has lived in Gaston County for seven generations. At peak capacity, Piedmont could set off multiple explosions per day as it mines deeper into the ground. That might be an irritation for Crocker and others. But Harper, who runs Stine Gear & Machine Co. from his barn, said even a single routine blast would make it impossible for him to run his business, which relies on highly sensitive machines calibrated to carve precise grooves into metal cogs. The number of explosions will depend on where the miners are in the ore body, Phillips said, noting that local ordinances would bar Piedmont from blasting “when it’s dark, weekends or holidays.” He insisted the company has every incentive to blast as little as possible because it’s a difficult and time-consuming process. “Ideally you blast just enough so the team can move it from the processing area,” the chief executive said. “The fewer times you blast, the better off everybody is.” Harper said he met with Piedmont executives and told them it would cost about $250,000 to move all his equipment to a new location, and asked what they could offer him to help. The company never responded, he said. “That’s completely inaccurate,” Phillips said. “To be crystal clear: A man with a machine shop who needs a quarter-million dollars, do you think we’re going to let him stand in the way? If he needs a quarter-million dollars, we’ll find him a quarter-million dollars. That’s the world’s easiest answer. But we want to really understand it. We’re actually not convinced it’s true that anything we do will have any impact on what he’s doing.” The lithium industry’s legacy in the region is one of the stronger arguments in favor of starting a new chapter. After all, it never fully went away. In the 1980s, the Hallman-Beam and other mines closed down as lithium production shifted overseas, where more lax rules made it cheaper to extract. Australia became a top producer, particularly of lithium extracted via hard-rock mining. South America — Chile and Argentina, in particular — emerged as major sources of lithium produced by a process known as brining, where miners flood pools of water in the desert and collect the metals that remain after evaporation. Little by little, China came to dominate the supply chain: By 2020, it became a top-four supplier of raw materials, the No. 1 refiner of processed lithium, the No. 1 manufacturer of lithium batteries and components, and the No. 1 market demanding more lithium, according to a ranking from the energy consultancy BloombergNEF. In 2021, a newer version of BloombergNEF’s report that laid out its findings in slightly different categories ranked China No. 1 in battery raw materials, manufacturing and demand. The U.S., by contrast, ranked 15th in lithium production in 2020, despite coming in second for market demand, and came in 11th last year for raw materials. That the U.S. placed in the top 20 at all owes on some level to the legacy industry that remains here in North Carolina’s Piedmont region. Albemarle Corp., one of the largest lithium mining companies in the world, is still headquartered in Charlotte. In March, the firm began holding public meetings about restarting production at a shuttered lithium mine in Kings Mountain, just south of Gaston County. Livent Corp., the modern spinoff of the mining company that once owned the Hallman-Beam mine, still operates a lithium refining business in Bessemer City, where in 2019 it said it would spend $18 million to increase its output of the metal. A spokesman for Livent said the company stopped all hard-rock mining in North Carolina in 1996 and sold Hallman-Beam in 1998. Today the site is located next to a quarry owned by Martin Marietta Materials. A spokeswoman for the Raleigh-based building materials seller did not respond to multiple requests for comment. One scar the mine left behind was an artificial pond so polluted with arsenic that two neighbors separately relayed stories of watching birds land there only to die shortly afterward. Arsenic occurs naturally along the spodumene belt, and state regulators have long considered Gaston County a “hot spot” for contamination. Chronic exposure to arsenic causes diarrhea and stomach cramping in the short term and increases the risk of cancer over time. While I could not find any studies or reports that independently verified locals’ claims about avian deaths, federal studies have documented the deadly effect arsenic has on animals, and examples abound of migratory birds dying after landing in arsenic-contaminated ponds. The South Fork River in High Shoals. BRIAN BLANCO FOR HUFFPOST The Catawba Riverkeeper Foundation, a local environmental group focused on the region’s water systems, said modern mining techniques generally produce fewer tailings, or leftover materials, than in the 1950s, so the risk of similar arsenic contamination from Piedmont’s project is lower. But the county’s natural waterways could suffer, the nonprofit said. Last November, the Catawba Riverkeeper joined researchers from the U.S. Fish and Wildlife Service in conducting a survey of the area that discovered two new species of crayfish. The researchers asked Piedmont for permission to survey some of the land the company owns. The firm had no legal obligation to comply and declined, said Brandon Jones, the Riverkeeper’s chief scientist. (Phillips said he did not recall that conversation.) “There’s actually much more diversity and we’re just starting to tell the different crayfish apart,” Jones said. “We’re certainly concerned about losing some of those species.” Well Water Concerns Stirring up arsenic is the least of many residents’ worries. Most of the ore Piedmont plans to dig is below the water table, meaning as the company excavates, water will flood in and it will need to be pumped out. The firm said in regulatory filings that it would pull between 860,000 gallons and 1.1 million gallons of water from the ground per day at peak capacity. “This is certainly going to be dropping the water table, and it will certainly be impacting wells,” Jones said. Piedmont acknowledged in filings that its mining may lower the water table, which is uniquely close to the surface. Abundant streams like the one on Harper’s property are one visible effect of that geological reality. Another unseen one is how shallow some residents here have dug their wells. Some household wells, one resident said, go down only 30 feet. More common, though, are wells dug 300 feet deep. “We don’t think we’re going to impact anybody directly,” Phillips said. “If we do, we’ll be happy to remediate it.” In a state permit application, Piedmont suggested that it would drill new wells for homeowners at its own discretion if its experts determined that mining operations were responsible for a well going dry. A small creek runs through a farm in Cherryville. BRIAN BLANCO FOR HUFFPOST As a secondary solution, the company said it would pay to connect homeowners to a municipal water source. That could prove tricky, since the area around the proposed mine is not currently piped for that, and the nearest municipal supply has, in the past, struggled to service its existing customer base in times of drought. It may not be a popular option, either: Households on wells do not pay for water, and the company said in the application that it would not pay people’s water bills once they’re hooked up to a municipal supply. Piedmont said it “may also” supply neighbors who lose their wells with water tanks and short-term deliveries that “meet the minimum water volume used or needed by the resident prior to the groundwater level decline.” If all else fails, the company said it will “negotiate in good faith” to buy the property. “We know that there’s different depths of where some of the aquifers are. Everybody thinks you drill a hole in the ground, and there’s one big lake under here. It’s not like that,” David Klanecky, then Piedmont’s chief operating officer, told me during an hourlong drive around Gaston County in January. “There are all these different pockets. We’ve done all these different water studies with hydrogeologists out here. There may be some impacts.” (Klanecky and another executive who gave me a tour around Piedmont’s properties, vice president of corporate communications Brian Risinger, have since left the company. Phillips said Klanecky took a job as chief executive of a battery recycling firm, but remains a “technical adviser and close friend” of Piedmont. He said Risinger “left on his own accord.”) Piedmont’s opponents, Klanecky said, think “we’re going to drain all the water in Gaston County and this is going to be a desert in five years. That’s probably not going to happen, right? So, we can talk through this with people.” “The truth is, nobody knows how it will affect our water system,” said Bob Lancaster, 71, a retiree who relies on well water and lives just north of the county. “But once you ring the bell, you can’t unring it.” Bob Lancaster is a retiree in Lincolnton, North Carolina, who relies on well water. Locals are worried mining could lead to pollution. BRIAN BLANCO FOR HUFFPOST On a cold night in January, I met Dan Setzer, 58, at his tidy one-story home near the proposed mine. While we discussed the possibility of relying on bottled water, he hurried to the kitchen sink to fill me a glass. It tasted crisp and mineraly, distinct from the highly treated but prized tap water in New York City, where I’m from. “We’ve got springs and creeks that are some of the nicest around,” the upholstery manufacturing worker said. He just didn’t believe Piedmont’s promises to ultimately restore whatever land it tarnishes with its operation. “They’ll never put that back. … This is just a money grab to them.” Locke Bell, a retired former district attorney who lives with his wife on a sprawling property dense with woodlands and gardens, suspected the company didn’t even have a full picture of which wells its project would affect. He has three operating wells on his land. A map Piedmont submitted in public documents last year showed just one, he said. “I’ve got four creeks, too, and three of them will be dry if they mine,” Bell said, puffing on a cigar on his back porch. “Everybody else, and all the wildlife that lives off these things, it’ll all be gone.” The Catawba Riverkeeper also worries about runoff pollution in the surface streams. Right now, Piedmont is proposing 30-foot setbacks — or undisturbed buffer zones between the mine and streams, which is the requirement under North Carolina law. “We’d prefer 100-foot setbacks,” Jones said. “That’s the gold standard for the industry.” The company would, in fact, have a “different setback for different things,” Phillips said, adding that for “our pits, we’re expecting [the setback] to be 100 feet.” From Australia To North Carolina Piedmont Lithium got its start six years ago, when Taso Arima, an Australian investor who works on mining startups, joined forces with Lamont Leatherman, a geologist who grew up in Lincolnton, near the end of the Tin-Spodumene Belt. Canadian-born Phillips, who previously worked at JPMorgan Chase, joined a year later. In September 2016, the company secured the rights to buy at least five separate tracts of land in Gaston County, according to property records. By the end of 2017, it added at least nine more and registered at least one separate shell company to make land deals in North Carolina. At first, the company planned to mine in Gaston County but build its chemical processing plant near Kings Mountain, just south of the area. But the firm ultimately acquired land adjacent to its mining tracts that it deemed suitable for the facility, and changed its plans to consolidate everything in one area. Piedmont inked its first major deal in September 2020, to supply electric auto giant Tesla with one-third of the mine’s annual output of unprocessed spodumene for five years. Last year, Piedmont, which had until then been headquartered in Australia, officially “redomiciled” in Belmont, North Carolina, roughly 30 minutes away from the proposed mine, on the opposite side of Gaston County. It also currently occupies a small field office closer to the site. Piedmont Lithium has set up a local office near the proposed mining site in Cherryville. BRIAN BLANCO FOR HUFFPOST As of last October, the company controlled approximately 3,245 acres, of which 1,526 acres were claims on private property through option or deferred purchase agreements, 113 acres were under long-term mineral leasing deals, 79 acres were under lease-to-own contracts, and 1,527 acres were owned by Piedmont outright, according to figures in a feasibility study it published. That, the firm said, is more than enough to begin its work, though it claims on its website to be “actively and aggressively adding further options to considerably expand our presence in the region.” “We want to continue to acquire property here, because we think there’s more development opportunity,” Klanecky said. “Realistically, this could be double the size of what we’ve announced today if we continue to acquire more land. We know there’s spodumene on the belt, and we know there’s lithium.” The main obstacle, he said, were landowners who refused to sell their property, or asked the company to pay 10 times what the firm believed the parcel was worth — which Piedmont considered exorbitant. Once the company has mining permits, Klanecky said, that will serve as a “trigger event” where holdouts will lose hope of stopping the mine and instead see the project as inevitable. “Once the state mining permits have been issued, that’ll be another trigger event. People will say, ‘They’re going to mine here, so let’s let them buy the property,’” Klanecky said. “We’re being patient. We’ve done a lot of really good deals with owners. I think we’ve paid them very well.” Asked if Piedmont’s generosity may be more limited if a landowner has a change of heart once mining begins, he said: “If it’s a relationship where it’s contentious, then they’ve got to understand the risk of not doing something. We try to point that out.” Rich Pembleton, left, worries about how the proposed mine will affect his new home and small farm, pictured at right. LeAnne and Rich Pembleton hoped to live out their days at the farm they moved to from Atlanta. BRIAN BLANCO FOR HUFFPOST Perceptions of bad faith cut both ways. Crocker said he suspected Piedmont “thought Gaston County was an ignorant county, and they thought they could hoodwink us.” Harper said his first impression of the company was “gentlemen coming down from New York, thinking we were dumb hicks.” Even newer residents felt the company’s representatives had talked down to them. LeAnne Pembleton, a 64-year-old clinical health researcher who relocated here from Atlanta in 2015 with her husband, Rich, said: “My impression is they feel they’re dealing with a bunch of hillbillies. They acted so hoity-toity.” Klanecky conceded that “there’s some people who truly have an emotional connection,” not just property owners playing hardball. “Their grandfather grew up here. Their whole family lived here forever, and it’s hard to see their property sold or their neighbor’s property sold and be potentially impacted by that. That’s why we’re trying to minimize the impact to the people who can still live here,” Klanecky said. “Those are the hard conversations.” I asked Risinger, the spokesman at the time of my trip, if Piedmont could provide names or numbers for some of the 150 or so landowners who made deals to sell the company their property. He initially said yes, but did not respond to follow-up requests. At least half a dozen residents in Gaston County told me their neighbors had signed nondisclosure agreements with the firm. But what the firm called “trigger events,” Pembleton saw as bullying. “Some people feel they don’t have any choice,” she said at her dinner table one night. “A lot of them were snookered into signing the contracts.” LeAnne Pembleton sits at her kitchen table at her home in Cherryville. BRIAN BLANCO FOR HUFFPOST ‘The Worst Rollout,’ Or ‘Abrasive’ Change? If approved, the project would be a massive undertaking, dwarfing past mining and chemical operations in the county. The mining would start by digging a 500-foot-deep open pit. The miners will bore into the rock, load the holes with dynamite, and clear the area before blasting it apart. Workers would then sort through the remains and use machines to crush boulders into smaller rocks. Normally, at that point, a mining company would fill diesel trucks with excavated materials and drive them to a processing facility. But Piedmont plans to spend over $50 million on an electric-powered covered conveyor system that will snake thousands of feet from the dig site to the neighboring chemical plant. Another, smaller facility on the site will gather other rocks of value such as quartz and feldspar, which the company plans to sell for construction materials. Rocks and dirt without value will end up in a pile more than 21 stories high. At the chemical plant, the spodumene rocks will be roasted at lava-hot temperatures, cooled, crushed and cooked in sulfuric acid, which converts the spodumene from its alpha to beta form, a necessary prerequisite to refining it into lithium hydroxide. The mining operations and sorting plants will be powered completely with solar electricity, but the chemical plant will use natural gas. Despite the natural gas required — it’s difficult to reach the temperatures needed for processing without fossil fuels — Piedmont claims its lithium will be among the cheapest and cleanest in the world because of its local supply chain. Most lithium on today’s market is either mined similarly in Australia and then shipped to China for processing, or produced using the brining method in Chile and Argentina. Much of that, too, typically gets shipped to China for processing. The processed materials then go to battery manufacturers in China, Europe, South Korea or the U.S., where automakers are increasingly sourcing their electric vehicle components. A map of the proposed pit mine. BRIAN BLANCO FOR HUFFPOST “We think our project is, from an environmental perspective, going to be a world leader, located in an area where it can be closer to important customers, car companies and battery companies,” Phillips said. At some point in the next decade, Piedmont plans to dig a second pit, also as deep as the length of two football fields. Once it exhausts the first mine, it will dig a third and backfill the first, then repeat that process again with a fourth pit. Phillips declined to give a timeline for digging all four holes. The plan is to eventually leave the final pit open as a quarry. “You build one, mine one, then mine another and backfill the waste rock,” he said. Despite years of buying up properties and studying the mining potential of the area, Piedmont did not approach the Gaston County Board of Commissioners until April 2020. Phillips said mining projects take years to fully conceive, and a local adviser had told him to wait until the company had finalized its proposal to avoid any kind of confusion over Piedmont’s plans in the county. The firm only made its first public appearance at a hearing last July. It wasn’t exactly a warm welcome. Four of the seven commissioners expressed anger that this was the first time a company with such ambitious plans in the county was coming before the body that would ultimately decide its fate. Commission Chairman Chad Brown called the proposal “the worst rollout of a project from a company I’ve ever seen” in a Reuters interview before the hearing. From behind his wooden dais, he complained at the hearing that Piedmont’s marketing materials included the county government’s trademarked logo, giving the appearance that the officials had already rubber-stamped the proposal. When constituents asked about the proposed mine, Brown said he was made to look foolish because the company had not yet engaged with the commission. “I find it very damaging to me to have to tell these people that I don’t know anything about it,” Brown said. “It’s very frustrating.” Gaston County Commissioner Chad Brown is skeptical of Piedmont’s plans for the mine. “Just because it’s jobs doesn’t mean it’s always the right fit.” BRIAN BLANCO FOR HUFFPOST During a portion in which constituents lined up to speak, Tim Hepler, a truck driver, said he tried selling his house, but had to take it off the market because no buyers wanted to be near a likely pit mine. “Houses are selling for $30 to $50 less per square foot that are going to be near what a lot of people are saying is the big hole in the ground that’s proposed, and near a chemical plant,” he said. “The Piedmont Lithium people, are they going to live near this big hole in the ground and near this chemical plant? That’s a real big question that needs to be asked of them.” Harper warned that the project would destroy his livelihood. “What is happening here may make other people’s dreams,” he said, his voice quivering with emotion. “But mine is going away.” A handful of residents expressed support for the proposal. Kevin Gee said he recently moved to the area and urged a farming community concerned over pollution to take stock of how much pesticide and chemical fertilizer was already used here. “Change is abrasive. It’s hard. I get it … [but] any objection anyone has to this project I can overcome in five minutes,” he said. “I’m a dreamer, and I see the potential of a project like this, so I’m going to embrace it.” In response to the criticism, Phillips — dressed in a sleek, dark suit and fashionable clear-framed glasses — said at the hearing: “We haven’t spent a lot of time on community relations or government relations.” In August, Reuters reported that Piedmont indefinitely postponed its first shipments of spodumene ore to Tesla as it waited to get its permits in order, though in a public filing the company described the move as a “mutual agreement” to “extend” the “initial delivery dates.” “They might have put the cart before the horse a little bit with that deal,” said Gavin Montgomery, a battery raw materials analyst at the energy consultancy Wood Mackenzie. Shortly afterward, shareholders filed two class action lawsuits accusing the company of giving investors and regulators a false picture of the project being ready to go and widely supported in the area. Lawyers representing the investors did not respond to repeated requests for comment. “We’re defending them vigorously and feel very strongly about our position,” Phillips said of the lawsuits. In the months that followed the public meeting, Piedmont seemed to hone its public messaging on jobs. The company promised to hire hundreds of workers — estimates in public statements have ranged from 300 to 500 — in a part of North Carolina that lost some furniture and textile manufacturing jobs to overseas competitors during late 20th century globalization. Salaries, the firm said, would top $80,000 per year in a county where the median annual income is a little over $53,000. It’s hard to tell from today’s quiet, rural landscape, but Gaston County was the cradle of the lithium industry for much of the mid-20th century. BRIAN BLANCO FOR HUFFPOST But characterizations of Gaston County as some post-industrial husk seeking new economic lifeblood clash with what many here see as the potential next beneficiary of nearby Charlotte’s breakneck growth. The county’s unemployment rate in February was about 4%, in line with the national average. Gleaming new office parks line the highways that cut through the county, and in January construction was underway on several new buildings. Brown said virtually all the new corporate space is leased before construction is even complete. The businesses included a food-processing plant, a vehicle-lift manufacturer and an Amazon warehouse, which provided up to 40 jobs per acre of land the companies occupied, Brown said. By contrast, the Piedmont project offered one job per 6 acres. “Just because it’s jobs doesn’t mean it’s always the right fit,” Brown told me over breakfast at Cracker Barrel. “Some of the things they’ve rolled out are that we’re not doing very well economically. Well, I beg to differ.” Klanecky said Piedmont would create jobs for generations of workers in Gaston County, and not just in mining. “We think property values are going to increase once this operation is out here because you’re going to be attracting people making $90,000-plus a year,” he said. “They’re going to want to buy stuff.” At least one native has returned here to work at the mine. Piedmont hired Emily Blackburn, a 26-year-old geologist, to work on both community relations and resource exploration. “Piedmont Lithium brought me back home. I was in Minnesota after college,” Blackburn said. “Now I’m back at church with my parents. I moved back to my hometown. I got a fiancé.” She’s set to marry here in August. Outdated Mining Laws vs. Surging Demand As the sun set over a field that would likely form the entrance to the mine, Eric Carpenter, 52, stood on his mother’s land and crossed his arms. The 5-acre parcel, once part of his grandfather’s cotton farm, is today filled with low, dense foliage and trees. The mine will “render our property worthless,” he said. Piedmont sent a representative to his 85-year-old mother’s home sometime between 2017 and 2018, he said, and proposed leasing the land. But Carpenter, who happened to be there when the employee showed up, asked to see a lease and run it by an attorney. The lease did not materialize, he said, and they never heard from the company again. In the meantime, Carpenter, an insurance underwriter, decided to research who would be liable for restoring the property after the mining was done. He found that the entire legal framework for approving projects like this in the state is the 1971 Mining Act, which caps the money state regulators can require a mine owner to set aside for cleanup and reclamation at $1 million. Eric Carpenter’s family goes back centuries in Gaston County. The spot near his mother’s property may be the site of a proposed pit mine. BRIAN BLANCO FOR HUFFPOST “This is really designed for a farmer who wants to sell sand from his property,” Carpenter said. “It doesn’t contemplate a mine of this size.” As things seemed to be moving forward last November, Carpenter said he spoke to L.T. McCrimmon, director of legislative affairs for Democratic Gov. Roy Cooper. McCrimmon said the governor did not have the authority to issue an executive order halting mine permitting to give the legislature time to review and update the mining law. There didn’t seem to be much appetite in the legislature, anyway. That same month, Carpenter emailed his state legislators to ask about reviewing the law. State Sen. Kathy Harrington, who represents his district and is the Republican majority leader, never responded. State Rep. Kelly Hastings, a Republican, said the legislature had nothing to do with permitting the mine, and directed Carpenter to the governor, who oversees the regulatory agencies responsible for permitting mines. When Carpenter asked if Hastings would look into updating the law, he responded: “The General Assembly is not currently in session. Have a great Christmas.” By coincidence, the same week Carpenter started contacting his state leaders, an effort to reform a similarly outdated national mining law fell apart. On the federal level, the 1872 General Mining Law still governs hard-rock mining. Designed to encourage white settlement of the American West around the time of the California gold rush, the statute allows individuals or companies to stake claims on minerals found on public lands without paying royalties to the government. Mining companies have extracted some $300 billion worth of minerals from gold to lithium to copper from public lands since 1872, according to the environmental group Earthworks. And much like the North Carolina legislature, the U.S. Congress has been reluctant to update the law; last November, Sens. Joe Manchin (D-W.Va.) and Catherine Cortez Masto (D-Nev.) blocked a proposal to reform the 150-year-old legislation. A new bill from Rep. Raúl Grijalva (D-Ariz.) is trying once again to add mining royalties and new protections, though critics have said it does little to require companies to seek input from communities near the projects. Carpenter said the proposed mine would “render our property worthless.” BRIAN BLANCO FOR HUFFPOST When Piedmont started buying property here, Klanecky said the county had no ordinances in place to regulate mining. Since then, he said, the county added some rules that the company supported. Those could help assuage some short-term concerns. But opponents of the project are thinking decades down the line, and remain skeptical of a technology that they do not see as a safe bet. What happens if an alternative battery chemistry seizes the market? In Australia, a company called Graphene Manufacturing Group claims its novel approach to making aluminum-ion battery cells could charge up to 70 times faster than lithium-ion batteries and hold three times as much energy as traditional aluminum-based cells. The company told Forbes it plans to roll out vehicle batteries in 2024. The Canadian startup Salient Energy says its zinc-ion batteries can compete directly with lithium-ion cells and offer a steadier domestic supply chain. But high energy costs and the war in Ukraine have sent prices soaring for a commodity that was already subject to market shocks similar to those that afflict lithium. Researchers in South Korea and a team from the U.S. and China recently made major breakthroughs with sodium-ion battery prototypes, though Arkady Krasheninnikov, a physicist studying the technology at the Helmholtz-Zentrum Dresden-Rossendorf laboratory, told the German broadcaster DW: “Our work is of a purely theoretical nature, and we do not claim that a new generation of batteries will be developed in the foreseeable future on the basis of our results.” Batteries built with vanadium are gaining attention as a potential competitor with lithium, particularly as prices of the latter metal continue to soar. In March, the Department of Energy issued a new category of license to help bring vanadium-based “flow” batteries to market. At an industry conference in May, James Hayter, an adviser at the natural resources investment fund Baker Steel Capital Managers, called vanadium “overlooked” and “more efficient than lithium-ion in the grid storage market,” according to a report from S&P Global Commodity Insights. “We’re bending over backwards to be as accommodating as we can to a lot of people. This is going to be a boom business. ... I think people will look back and come to the realization that this worked out an awful lot better than they thought.” - Piedmont Lithium CEO Keith Phillips But so-called flow batteries, which use external tanks of electrolyte fluids that pump through the device, will more likely “serve a part of the market that barely exists today for energy storage that can last for eight hours or more, while lithium-ion batteries will continue to be the leaders in shorter-duration storage, electric vehicles and consumer electronics,” a researcher from the National Renewable Energy Laboratory in Colorado told Inside Climate News. Analysts say lithium demand is highly unlikely to drop off anytime soon — if anything, the rate of growth has exceeded projections. Piedmont, meanwhile, sees demand for the category of lithium it plans to produce soaring in the years to come. The high-nickel car-battery chemistry that yields longer range — a desirable trait in the U.S., where suburban sprawl means drivers face longer commute times than in other developed nations — tends to use more lithium hydroxide. Ideally, the U.S. could temper surging demand by increasing the availability of both public transit and recycling infrastructure to reuse existing lithium and other minerals, said Thea Riofrancos, an associate professor of political science at Providence College who co-authored a report on the U.S. battery supply chain for the nonprofit Climate and Community Project. “Our entire economic system is resource-intensive — but we live on a finite planet,” she said. “We could extract a lot less lithium, with fewer impacts on rural communities like those in Gaston County, if we took the opportunity of the energy transition to transform our transportation sector, building out mass transit and moving away from car dependency.” But Klanecky suggested some local opponents to the mine may have ideological blinders that make them less sensitive to the urgent realities of climate change. “This isn’t a place where you’re going to see something like the Bay Area, where everyone is going to convert to EVs because they think it’s good for the environment,” he said. Sixty-five percent of adults in Gaston County recognize that global warming is happening, 7 percentage points lower than the national average, according to data from the Yale Program on Climate Change Communication’s 2021 survey. And 55% said local officials should do more to address climate change. But just 47% acknowledged that humans are causing climate change, while 37% said they believed warming was primarily due to natural cycles. That last claim was one Klanecky said he had heard before. “We want to listen to everybody and we want to educate everybody, but it’s hard to educate someone who thinks the Earth is tilted differently and that’s why it’s warmer or colder,” he said. Opponents of the project here say they aren’t numb to the climate concerns at all. Lancaster, the retiree, said he petitioned county officials to approve the big solar farm just down the block from his home. But in the face of ecological destruction on a scale few can reckon with, many here say they just want to preserve what they feel they have control over in their lives. “We have a high population here,” Pembleton said. “If things go wrong, responsibility will fall on the landowner to fight in court.” Phillips said it’s “not irrational” for the community to fear that “we’re some fly-by-night operation, and we’ll start this up and three weeks later we’ll run out of money and leave.” But, he said, “the good news is we’ve become a reasonably substantial company, we have investors like JPMorgan advising us. And we’ll have some very strong partners come into the project.” “We’re bending over backwards to be as accommodating as we can to a lot of people,” he said. “This is going to be a boom business. This is going to grow and grow and will be great for the community. I think people will look back and come to the realization that this worked out an awful lot better than they thought.” Harper doesn’t share that optimism. He had planned out his life. He would pass his business on to his 31-year-old daughter, who already works with him. He thought maybe, someday, his grandchildren would take over. And he would sit out on the porch in the afternoons watching his wife spend meditative hours listening to music on her headphones while she mowed the vast fields behind their home, and evenings observing the deer feast on the clippings. “This is God’s country. Each and every day we see turkey, deer, ringtail hawks, even a bald eagle that nests around here. This is a pristine, beautiful and tranquil area, and it’s going to be decimated,” Harper said. “All I can do is pray.” Read the article on The Huffington Post
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Air Monitors Alone Won’t Save Communities From Toxic Industrial Air Pollution
By: Lisa Song and Lylla Younes, ProPublica May 18, 2022 One summer night last year, air began flowing into a steel canister across the street from the Little Bo Peep Child Development Center in Calvert City, Kentucky. The pollution monitor hummed into the morning as parents dropped off their toddlers and later into the day as the kids played outside. Within a month, a lab analysis would reveal that the canister had captured a troubling concentration of ethylene dichloride, which has been linked to pancreatic and stomach cancers and leukemia. No one, however, raced in to warn parents or alert nearby residents that the air they sucked in with every breath was laced with a poisonous chemical. No one took immediate steps to stop the stream or sue the offending polluter into compliance. In fact, that Calvert City monitor had been running all year, along with two others around town. Each of them had registered more ethylene dichloride than any of the 123 other monitors nationwide designed to detect the chemical. The results had been logged by Kentucky regulators and uploaded to a database managed by the Environmental Protection Agency. If my child attended that day care, “I would be very concerned and working tremendously to get them into another school,” said Wilma Subra, an environmental health expert who advises the EPA on community concerns, after reviewing a summary of the air-monitoring results at ProPublica’s request. It’s examples like Calvert City, experts say, that expose an infuriating conundrum with the U.S. systems for protecting citizens from dangerous pollution: Regulators install air monitors to flag hazardous emissions from local companies, then pull their punches in taking action against the offenders. Meanwhile, the monitors serve as a false promise to residents that the findings will be used to keep them safe. Some people believe the mere existence of monitoring is “protecting them” from harm, said Barbara Morin, an air pollution expert at a nonprofit that advises the environmental regulators of eight Northeastern states. “Unfortunately, sometimes there’s just the monitoring and nothing happens to change the situation.” ProPublica spent the last year crisscrossing the country to detail the failures of the EPA and state regulators to measure and address the community impacts of industrial toxic air pollution. The series of stories resulted in immediate response, including promises by the EPA to install monitors and track outputs — a move hailed as a victory for local communities. Residents of many of the toxic hot spots had spent years begging regulators to install them. But an examination of the long history of air monitors in Calvert City shows that even when the monitors capture years’ worth of evidence that a polluter is putting a community in harm’s way, the path to clean, safe air is rocky and filled with well-funded obstacles, misdirection and inaction. An air monitor maintained by Kentucky environmental regulators has been located behind Calvert City Elementary School for about a decade. In this remote industrial city of 2,500, where manufacturing has long been king, regulators have had proof for at least three decades that residents are breathing dangerous amounts of air pollution. During that time, the EPA and the state have amassed an extraordinary amount of documentation establishing not just how hazardous the air is in Calvert City, but where the worst pollution is coming from. They’ve watched in real time as the problem got worse and as the estimated cancer risks of area residents crossed the threshold level that the EPA considered acceptable — in places, reaching 17 times that limit. Nicole Deziel, a Yale epidemiology professor and environmental health expert, said it could take decades to see the damage. Researchers often find themselves lagging behind, studying emerging cancer clusters and trying to reconstruct the cause, Deziel said. In Calvert City, where there’s already data that pollution levels exceed what’s considered safe, “we have the opportunity to actually intervene,” she said. State and federal regulators have an arsenal of ways to do so and hold the culprits accountable, including levying millions in fines, requiring pollution controls and launching criminal investigations. And yet, as the history of Calvert City shows, such action isn’t a given. In the face of a global petrochemical corporation, in a company town where residents are reluctant to criticize their employers, regulators have, again and again, stopped short of using all the tools at their disposal. “Good Neighbor” Founded on a railroad stop near the Tennessee River, Calvert City began attracting industrial development after the Kentucky Dam brought cheap electricity to the region in the 1940s. By 2020, more than a quarter of the private-sector jobs in surrounding Marshall County came from chemical plants and other manufacturing, with wages well above those in other fields. Every year, local families gather for a “Good Neighbor Night” hosted by a collection of plants whose employees hand out free swag, such as lawn chairs printed with the companies’ logos, as a turtle mascot named Wally Wise Guy teaches kids how to shelter in place in the event of an industrial accident. Westlake Chemical moved into town in 1990, expanding over time into three plants — a maze of industrial boilers, tanks and wastewater ponds, with innumerable smokestacks and vents and pipes. The plants make polyvinyl chloride, better known as PVC, and petrochemicals used in construction, packaging and other goods. The company got regulatory permits that authorized it to release thousands of pounds of carcinogens a year, but almost from the start, additional, unauthorized releases accidentally seeped or leaked into the air, according to EPA records. It wasn’t just ethylene dichloride, but vinyl chloride, which is highly flammable and has been associated with brain, liver and lung cancers. (The company did not respond to multiple requests for comment). A Westlake chemical plant in Calvert City. While a few plants run by other companies nearby also emitted these chemicals, Westlake’s authorized emissions would come to dwarf theirs. According to the most recent four years of available federal data, Westlake released at least 48,000 pounds of ethylene dichloride per year; the other companies combined released just 1 pound. Westlake’s annual vinyl chloride emissions during that time were at least 28 times that of the others. Within eight years of Westlake’s opening, state and federal regulators had already been alerted to problems at the sprawling compound. In the decades that followed, news articles and regulatory documents would chart the company’s checkered record with the chemicals. In 1998, for example, Westlake told the EPA that it hadn’t released any ethylene dichloride into the water when it had actually released more than 8,000 pounds, according to an EPA complaint. In 2001, it waited more than an hour before reporting a 2,727-pound leak; the same happened four years later, after a release of 7,700 pounds, the complaint said. The company was supposed to immediately inform a federal center for chemical accidents if it leaked 100 pounds of the potent carcinogen into the air. Shortly after that leak in 2005, the local emergency response system made thousands of automated calls warning residents to shelter indoors, The Paducah Sun reported. The system had been adopted after 5,000 pounds of leaking vinyl chloride caused a fire and explosion at the plant in 2002. Despite the calls in 2005, a Westlake manager told The Associated Press that air monitors hadn’t detected the carcinogen outside the plant’s boundaries. In 2010, the EPA took the aggressive step of announcing a consent decree, a settlement that involves complex negotiations with the help of the Department of Justice. Under the terms of the decree, Westlake agreed to pay $800,000 and create a vast leak detection plan. Failure to meet those terms could lead to daily penalties of up to $5,000. The EPA predicted this would force Westlake to cut emissions of vinyl chloride by 2,300 pounds a year and of ethylene dichloride by 1,300 pounds per year. Less than a year later, more than 11,000 pounds of vinyl chloride and 2,000 pounds of ethylene dichloride streamed out of a hole in a piece of Westlake piping, according to state and federal records. The leak destroyed the EPA’s goal in a single day; the agency later found Westlake hadn’t inspected the piping for mechanical integrity. “Negligence Loophole” With that leak in 2011, state regulators believed they had three separate air pollution violations, but Westlake wielded its legal might to fight back. In the company’s lengthy response to regulators, a Westlake manager interrogated the definitions of basic terms like “equipment leak” or “standard” and argued that none of the violations were valid. In response, Kentucky regulators rescinded one of them, noting that the federal rule only applied to leaks during startups, shutdowns or malfunctions. Then they offered a startling rationale: The leak didn’t count as a “malfunction” because the problem partly stemmed from “poor operations and maintenance.” “We are left with this loophole,” the regulators wrote. Experts say such exit ramps from regulation are not uncommon. The system often presents a “laundry list of defenses” to polluters, said Seema Kakade, a former attorney in the EPA’s civil enforcement division who is now a law professor at the University of Maryland. Some provide leeway for unavoidable accidents and some are negotiated end-runs around the rules by corporate or other special interests, she said — with large, wealthy companies poised to take advantage. Westlake benefited from what was “basically a negligence loophole” that “allows plants to avoid accountability even for releases caused by their own poor operations and maintenance,” Jim Pew, an attorney for the nonprofit group Earthjustice, said in an email. His organization has spent decades advocating for stronger EPA rules. Left: Calvert City, located in western Kentucky. Right: The Westlake Chemical Corporation facility in Calvert City. Over the next few years, the EPA unearthed four more leaks caused by faulty inspections or testing. However, none of these incidents broke the terms of the consent decree, as the agency concluded that these leaks concerned “alleged violations” of a different regulation from the one cited in the consent decree, said Tim Carroll, deputy press secretary for the EPA. (Carroll said Westlake has continuously demonstrated compliance with the 2010 settlement.) Despite the continued problems, and additional leaks cited by state regulators, Westlake was able to expand one of its plants — a move with so little pushback from the state that then-Gov. Steve Beshear, a Democrat, attended the ceremony. (Beshear didn’t respond to a request for comment.) In 2017, two state environmental investigators were on the highway when they spotted a plume of black smoke, which they traced to a flare at a Westlake plant. Flares reduce pollution by burning off toxic gases, and they’re much less effective when there’s visible smoke. When the inspectors parked outside the facility fence to take photos, a Westlake security officer came out “and, after we had introduced ourselves, asked us to leave this location,” an inspector wrote in a report, which they did. Hours later, the plume of smoke was still visible from 10 miles away. Though this violation and others at the same plant could have entailed millions in penalties, the agency offered Westlake a $350,000 settlement, according to an email from Beth Clemons, a Kentucky environmental enforcement specialist, to Westlake. In the email, obtained through open records requests, Clemons called it “a good deal.” Westlake flatly disagreed. “$350,000 may be a good deal if there were violations, which we clearly believe there are not,” Kevin Sheridan, a Westlake health, safety and environment manager, wrote in an email. Clemons responded that state regulators believed “the violations are valid and we are pretty much in total disagreement with what you are saying.” The parties eventually agreed on a $175,000 penalty and a list of required repairs — a sanction that experts say amounts to a financial hiccup for the corporation that owns Westlake. Last year, Westlake’s parent company, Westlake Corporation, reported $2 billion in net income from dozens of facilities across North America, Europe and Asia. Such penalties are “like a nuisance to the facility. It doesn’t serve as a significant deterrent,” said Scott Throwe, a former senior staffer in the EPA’s Office of Enforcement and Compliance Assurance. Wealthy corporations see it as “the cost of doing business.” In response to questions about the effectiveness of its enforcement actions, John Mura, director of communication for the Kentucky regulator, said in a statement that his agency “remains committed to safeguarding the health of all Kentuckians and believes that it has acted appropriately under its regulatory authority.” Even the better-resourced EPA rarely seeks maximum fines, said George Czerniak, a former enforcement officer in EPA’s Midwest regional office. Doing so involves going to court, and there is no guarantee the judge will rule favorably. The risk, he said, has made the agency skittish about pursuing aggressive sanctions in court. In the 35 years he spent on air pollution enforcement covering six states, Czerniak recalled fewer than 20 cases that ended up before a judge or jury. If the EPA is going to take a case to court, then it needs to be “assured this is an important case,” Czerniak said — and one that “we can win.” Limited budgets and EPA leaders’ changing priorities drove a decline in EPA enforcement actions from 2007 to 2018, according to a recent EPA Inspector General report. In 2009, the office that manages Kentucky conducted 2,700 inspections and other related activities to ensure polluters were following the law; that number plummeted more than 50% over the next decade. After Donald Trump became president, his administration deferred more enforcement cases to the states; Throwe said state agencies are more hamstrung by political pressure and less able to act decisively. “That’s why EPA is supposed to be the neutral entity that goes in,” he said. The EPA wrapped up another investigation of Westlake in 2019, issuing a consent agreement and final order for a series of leaks that occurred more recently. The order, which is less serious than a consent decree, came with a $49,000 penalty. The company also had to buy $183,500 worth of equipment for local emergency responders. Four additional EPA inquiries of Westlake violations over the past decade have resulted in less than $150,000 in penalties. Throwe said it would have been more effective to require Westlake to install no-leak valves and other devices to reduce leaks. “This shows how hard it is to actually effect change,” he said. “You Can’t Use That” Manufacturers in Calvert City benefited from yet another flaw in oversight: Even when regulators stocked the town with air monitors that logged damning evidence, bureaucratic bungles and missed opportunities rendered them virtually useless. Alarm bells about dangerously dirty air began going off as far back as 2005. Some of the more than 10,000 air samples collected statewide by Kentucky regulators over the prior 15 years showed “levels of concern” in Calvert City, and officials announced a work group to investigate “elevated levels of hazardous air pollutants,” the Courier-Journal in Louisville, Kentucky, reported. Between 2005 and 2007, state regulators installed five monitors in town, including the one at Calvert City Elementary School, across the street from the Little Bo Peep day care center. Air monitors installed between 2005 and 2007. Once every six days, the monitors took a 24-hour sample that was analyzed for ethylene dichloride, vinyl chloride and other hazardous pollutants. “What they’ve done here is way more air monitoring than what’s required by any EPA program,” said Morin, the Northeastern air pollution expert. “So the state clearly recognized there was some issue they wanted to deal with.” By 2015, a quarter of the samples from the monitor closest to Westlake’s vinyls plant had levels of ethylene dichloride that violated EPA’s long-term cancer risk guidelines. But an EPA audit that year found a critical flaw in the data; the state had never created a quality-assurance plan for the monitors, detailing the procedures to ensure that the collected data was reliable and accurate. Neglecting to do so, Throwe said, “gives ammunition to the industry to say, ‘You can’t use that.’” Kentucky officials say they didn’t break any rules in their failure to implement a quality-assurance plan. But a spokesperson for the EPA regional office in charge of Kentucky said the federal government required such a plan. The agency ordered the state to develop one in 2015, but two years later Kentucky still didn’t have one. By then, every one of the five monitors had captured elevated cancer risks, with ethylene dichloride and vinyl chloride the chief culprits. The EPA considers a 1 in 10,000 risk as acceptable, meaning that if 10,000 people in an area are exposed to a certain level of hazardous air pollution over a lifetime, at least one person would develop cancer as a result. (These EPA guidelines are used to calculate community cancer risk, and it’s nearly impossible to tie an individual cancer case to emissions from a specific facility.) In Calvert City, at least one sample showed cumulative risk as high as 60 times the limit, according to a 2017 risk screening analysis conducted by the EPA. “Overall, the weight of evidence indicates that high levels of several VOC air toxics are present in the air in the Calvert City area,” concluded a report from Kentucky regulators and the EPA, while acknowledging that the lack of a quality-assurance plan “may affect the potential legal defensibility of the prior data collected.” Mura said the state didn’t develop a plan because “no specific data monitoring objective was identified by EPA or Kentucky for the data collected.” Mura said his agency doesn’t know how many residents were exposed to those concentrations or for how long. The failure to come up with a plan — rendering the results vulnerable to challenge — was baffling to experts and advocates. Monitoring for hazardous air pollutants is a costly, painstaking endeavor; no regulator would operate multiple monitors for years without a good reason, several experts told ProPublica. “You would think you’d want to get data that you can use,” Czerniak said. And despite its worrisome conclusions, neither the EPA nor state regulators told residents about the cancer analysis. Billy Pitts, public health director of the Marshall County Health Department, said no one has contacted his office. “We’ll Cross Those Bridges When We Get There” It wasn’t until 2020 — five years after it was ordered to do so and 15 years after concerns about toxic air pollution were first raised — that Kentucky finally put in place a quality-assurance plan that would make the monitors’ data usable in serious enforcement efforts. It was the seventh straight year that one of Westlake’s plants emitted more ethylene dichloride than any other polluter in the country. In 2020, the EPA installed new monitors in town after conducting air modeling to find the areas with the highest concentrations of the dangerous chemicals. The agency modeled vinyl chloride and ethylene dichloride emissions from the three Westlake facilities and three other nearby plants. Federal data shows that Westlake releases far more of these compounds than the other companies: Since 2010, only one of the non-Westlake plants has leaked vinyl chloride (a 15-pound leak in 2014), and none has leaked ethylene dichloride, according to state records. In contrast, regulators have cited Westlake at least a dozen times for leaking these and other hazardous compounds. EPA and state regulators are analyzing data from the new monitors (and the one at the school) that was gathered from October 2020 to September 2021. A cancer risk analysis will be shared with the community once it’s complete. Air monitors for the October 2020-September 2021 study. The EPA modeled emissions from the six facilities shown in order to determine the monitors’ locations. Two of the monitors were placed to catch the highest concentrations of ethylene dichloride and vinyl chloride; the monitor at the school indicates what people are exposed to near the center of town. If the results show a cause for concern, then “we’ll cross those bridges when we get there,” said Pitts, the health director, during an interview in his office. After ProPublica described the elevated levels from the past decade, Pitts said he wouldn’t “get too concerned until I see the facts that are presented.” He later explained his department conducts a community health assessment once every three years, using data from local hospitals, schools and other sources. After ProPublica showed him air-monitoring reports from the EPA and state regulators, Pitts shared the materials with the team developing the health assessment, he said. The next assessment is scheduled for June, and the community would help decide the top public health concerns. Interim updates from the current study, obtained through public records requests, show higher concentrations than the earlier data. While average ethylene dichloride levels at one monitor near the Westlake plants exceeded the EPA’s cancer risk guideline by 40% in 2017, the newer data showed the levels exceeded the limit by 600%. When ProPublica showed the data to Morin, the concentrations were so high in Calvert City that she initially thought there’d been a mistake. Czerniak, the former EPA regional enforcement officer, said that if he were in charge, he would assign three of the federal agency’s technical experts and a couple of attorneys to do a deep dive on the Westlake plants and neighboring polluters. Czerniak has conducted similar investigations during his time at EPA, he said. If the agency found that specific air-permit violations at any Calvert City facility are pushing air pollution past acceptable cancer risk, he said, it should require the facilities to fix the root cause. If the excessive risk is caused by the sheer quantity of local facilities, the case could be referred to EPA headquarters with the request that tighter emission limits be put on these types of facilities. In an email, Carroll, the EPA spokesperson, said the agency “is continuing to take steps to address noncompliance” at Westlake’s plants. In response to questions about the company’s pattern of violations, Carroll cited the ongoing study in Calvert City and said the EPA “will address any noncompliance identified using the appropriate enforcement tools.” Poison in the Air The EPA is also investigating Westlake’s flares at its Calvert City and Lake Charles, Louisiana, facilities, according to the company’s 2021 annual report to the U.S. Securities and Exchange Commission. The EPA has worked on the case since 2014 and “indicated that it is seeking a consent decree that would obligate us to take corrective actions,” the report said. The decree could lead to penalties “in excess of $1 million,” the report continued. “We do not believe that the resolution of these flare matters will have a material adverse effect on our financial condition, results of operations or cash flows.” (An EPA spokesperson said the agency “cannot comment on potential or ongoing investigations.”) It might be time to raise the stakes by building a criminal case against Westlake, Czerniak said, as even the threat of a criminal investigation could change the facility’s behavior. “I realize that agencies have limited capacity to undertake criminal-type proceedings, but heck, when you have a community that is exposed” to cancer risks up to 60 times the EPA’s acceptable limit, he said, “make no mistake ... there are people who are being impacted.” The motivation to hold the polluter accountable may need to come from regulators, as most residents ProPublica encountered in Calvert City were unaware of Westlake’s environmental record or the pattern of alarming air-monitoring data. When a reporter and photographer visited community leaders in March, we found that no one had heard of ethylene dichloride, and most did not know there was an air monitor at the school. Some expressed concern after learning about elevated levels of carcinogens. “We know the EPA monitors the area,” said Tammy Blackwell, director of the county library system. “I would hope that if anything was significant enough that we needed to be made aware of it, the EPA would let us know.” Tammy Blackwell, Director of the Marshall County Public Library. Marshall County Schools Superintendent Steve Miracle was even blunter: “You can’t just record it. ... You would think if they’re the EPA, they can actually go in and help those companies come up with a solution for correcting that.” Others did not want to talk about the companies that support the tax base and employ their friends and family. Mayor Gene Colburn didn’t respond to multiple inquiries for this story, including messages left in person. (The mayor and three of the six City Council members work for local chemical plants, but not for Westlake.) The principal of Calvert City Elementary School, Kendra Glenn, declined through a representative to listen to a single question when ProPublica reporters visited in March. Connie Monroe, who owns the Little Bo Peep day care across the street, said that she’d want to learn more about the pollution if it’s harming the kids she cares for, but that her husband recently retired from a local chemical plant. “It’s made our living,” she said, “so I’m not going to say anything critical.” Chemical plants “do a lot for the community,” retired nurse Sherry Todd said on a recent spring day while watching her grandson’s soccer practice. The plants pay taxes that go toward “making Calvert City nice.” She had no qualms about air pollution or the plants hurting the town. “I can’t believe they’d do something intentionally,” she said. Sherry Todd, right, watches her grandson's soccer practice. About the Story Last year, ProPublica conducted an analysis of data from the EPA’s Risk Screening Environmental Indicators model to identify hot spots of cancer-causing industrial air pollution across the United States. We then compared the results of our analysis to data from the EPA’s Air Quality System (AQS), which is a database of state, local and federally collected ambient air-monitoring samples. Because the EPA does not require states to set up air monitors near most major sources of toxic air pollution, we were unable to make comparisons in many of the hot spots that we identified. We filtered and sorted the data to understand which air monitors in the AQS network were picking up high concentrations of cancer-causing chemicals. Calvert City stood out, particularly for its concentrations of ethylene dichloride, a potent human carcinogen. Our analysis of the RSEI model indicated that Westlake was the dominant driver of cancer risk in Calvert City, so we began investigating the enforcement history of the facility and the reason the monitoring program was established there in the first place. We obtained documents through public records requests and correspondence with the EPA and Kentucky Division for Air Quality. Read the article on ProPublica
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NC leaders plan to test for lead and asbestos in drinking water at schools
By: Lora Lavigne, WRAL May 5, 2022 Experts say lead or asbestos contamination in drinking water at public schools could be making your child sick. The state’s top education leaders will meet Wednesday to discuss what action is needed. The North Carolina Board of Education will assess how high the risk for lead exposure is and how much should be spent to minimize the exposure. When the school board gathers Wednesday, leaders will refine a policy to take further action on testing and discuss what the cost will be to execute that plan. The plan will be solely focused on eliminating or minimizing…
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Thank You For Inviting Our Team Into Your Communities!
It's been an exciting few months! After over two years of remote Environmental Justice organizing, the Clean Water team is finally back on the road traveling the state to meet with different groups and community members at events, speaking engagements, and local gatherings! We are so appreciative to finally be back in touch with our communities and are looking forward to all the exciting direct advocacy activities we have planned this summer! The Clean Water team would like to say thank you to all the groups and institutions that have invited us to their communities this past year to present on our Environmental Justice advocacy work and opportunities to directly support our efforts. We've met so many new faces and look forward to continue reconnecting with community members and ally organizations. Thank you for promoting Environmental Justice and safe, affordable water for all North Carolinians! Celebrating Earth Day & Environmental Justice Across NC! A big thank you to Piedmont Environmental Alliance for their 2022 Earth Day fair! Clean Water for NC joined the event as an exhibitor and had a lot of fun meeting people, helping kids with a take-home groundwater project, and visiting other vendors. The support from the fair's volunteers was wonderful; they helped us set up and navigate the day! Earth Day at the North Carolina Museum of Art was a blast! Not only did we enjoy talking with community members about groundwater monitoring and our work on poultry operations, it was great to chat with so many other nonprofits also working towards equitable drinking water infrastructure, safe drinking water, and Environmental Justice for all! Educating About Our Work & Opportunities to Get Involved In March, Professor Kata Chillag at Davidson College invited our Environmental Justice Organizer and Researcher, Christine Diaz, to speak to a "Water and Health" class about her work at Clean Water for NC, Environmental Justice, and career opportunities in this field. The presentation focused on current EJ issues in Southeastern NC, including wood pellet production, landfills, concentrated animal feeding operations, and cumulative impacts on communities. Thank you Davidson College! The NC Public Health Association held their annual conference in April: Connectedness and Equity: Public Health Creates a Healthier North Carolina. The annual conference "gathers public health professionals . . from around the state to exchange information and create a healthier North Carolina through effective public health practice and engaged citizens." They invited our Executive Director, Veronica Oakler, to speak on Environmental Justice in NC and Public Health Implications. She focused on Sampson County as a case study of cumulative impacts from pollution and the disproportionate impacts borne by BIPOC communities, in particular health implications. The NC Student Environmental Education Coalition (SEEC) invited our Executive Director, Veronica Oakler, to speak on an EJ Panel to students of the NC School of Science and Mathematics (NCSSM) in April. SEEC engages with key environmental issues and inspires youth to take action for a cleaner world, for all. The panelists discussed the current state and future of environmental justice in NC and beyond, and the role of today's students for a better tomorrow! We spent a lovely Sunday in April with the Ethical Humanist Society of the Triangle to discuss opportunities for their membership to get involved in Environmental Justice advocacy, specifically focused on how their group can contribute to the development of our "Community Toolkit". Thank you for the warm welcome, lively discussion, and enthusiasm in our work! Upcoming Clean Water for NC Engagements! Clean Water for NC is revamping our Community Toolkit to provide resources you can use to advocate for your neighborhood, learn about environmental justice and issues, and protect your rights for a clean environment regardless of time, funding, or previous knowledge. We will be hosting listening sessions in June and have plans for in-person events in Garysburg and Durham, as well as online options to hear better from community members, what would be helpful. Take the "Community Toolkit" survey today! Thank you to everyone who helped make these events possible and for inviting us to participate! If you'd like a member of our team to speak with your group, please fill out our General Inquiries form!
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Climate Change is Pushing Toxic Chemicals into Drinking Wells
By: Erika Bolstad, Pew Charitable Trust April 28, 2022 Don Myron is probably best known as the guy who survived one of the deadliest fires in Oregon’s history by sheltering overnight in a river with a patio chair. So there was never any question that Myron would rebuild his home in Oregon’s Santiam Canyon after the house was destroyed in the Labor Day wildfires of 2020. The well Myron shared with nearby homeowners was no longer available, which meant one of his first tasks was to drill his own new source for drinking water. “It's hard to rebuild without water,” Myron said. “It's hard to do anything without water. It was a priority.” But with climate change confronting communities across the West, people who rely on wells are at particular risk as wildfires grow in intensity and frequency. Without vegetation, fire-scarred land becomes more susceptible to mudslides that can damage watersheds. Drought can increase the concentration of pathogens and other contaminants in well water. And fires can damage the well equipment and piping, leaching toxic chemicals into drinking water and forcing property owners to consider costly repairs, upgrades and filtering systems even as they rebuild their homes and businesses. Beyond the West, heavier rains and floods threaten well water quality, too. In Oregon, about a quarter of state residents rely on private wells for their water supply, according to the Oregon Health Authority. An estimated 2,000 households that rely on private wells were affected by the Labor Day fires of 2020, which, fueled by severe windstorms, rank among the largest and deadliest fires ever experienced in the state. In response, the state established a free voucher program that pays for people affected by the Labor Day fires to test their well water for some contaminants. Once Myron's well was drilled and operational, he used the voucher to have the water tested. It was “as clean as could be,” Myron said. “I was pleasantly surprised.” As States Prepare for Disasters, They Acknowledge Things Will Get Worse Such testing is increasingly common in Western states. After the 2018 Camp Fire nearly destroyed the town of Paradise in northern California, the Butte County Health Department warned residents that creeks and rivers flowing from fire-affected areas could contain elevated levels of heavy metals such as arsenic, a carcinogen, and lead, a neurotoxin. The fires damaged municipal systems and an estimated 2,438 private wells in what is, for now, the deadliest and most destructive wildfire in California history. The county also alerted property owners that contaminants could seep into the aquifers tapped by private wells. Butte County not only warned people to test for contaminants, but also advised them to drink pricey bottled water until they knew the full extent of the fire damage to their wells. If a fire burned or damaged the casing or plumbing around a well, officials warned, such breaches could cause bacterial growth, including E. coli, which can cause severe gastrointestinal distress. Heat damage from the fires also can compromise the plastic components of wells, potentially leaching dangerous chemicals into drinking water. Many of the fire-scarred communities of the West now are using guidelines developed in part by researcher Andrew Whelton, an engineering professor at Purdue University and director of the school’s Center for Plumbing Safety. Whelton studies water safety after wildfires, most recently after the Marshall Fire in suburban Boulder, Colorado. Health departments and state regulators needed a baseline understanding of what they should tell property owners, Whelton said, and in many cases were too overwhelmed by the logistics of disaster management to develop their own. “The people that were most affected by the contamination, the people that were receiving water that may or may not be contaminated, they may or may not have contaminated plumbing,” Whelton said. “They didn't have any single authority to go to, to get advice.” Few States Require Testing Most of the states that require that private wells be inspected or tested for integrity or water quality only do so when they're first drilled or when a property changes hands. It's generally up to an individual homeowner to pay to maintain a well and monitor its water quality. As a result, few wells are tested regularly. Polling shows that many Americans care deeply about water quality. But despite highly visible water crises, including high lead levels in Flint, Michigan, and scarcity within the Navajo Nation, the quality and safety of drinking water often are taken for granted. People turn on their taps and expect it to be fine. A Parched West Remains Divided on Desalinating Seawater In Oregon, only about 200 property owners with private wells have sought testing vouchers following the 2020 fires, said Curtis Cude, manager of the Oregon Health Authority’s domestic well safety program. Public health officials expected more people to apply for the vouchers, though they acknowledge that, because repairs can be expensive, wells may be a lower priority for some families. “One of the things that we were hearing, especially last year, is that people were still buried in ash and debris,” Cude said. “And some of those properties were so extensively damaged that they hadn't the opportunity to even think about getting their well on line.” Nationwide, an estimated 40 million people obtain their drinking water from a domestic well, according to estimates by the U.S. Geological Survey. Many of those people are in rural communities not serviced by municipal water systems. In the West, homes with private wells are often in the places most vulnerable to increasingly hot or intense wildfires or the effects of drought. In states prone to wildfire, water quality remains an existential threat. The burden of sourcing uncontaminated water can be particularly stressful on people who've survived a wildfire. For example, Whelton points to a study of attitudes about water safety, which surveyed 233 households in Butte County, California, after the Camp Fire. More than half of respondents, 54%, self-reported that at least one member in their household had anxiety, stress or depression directly related to securing water, or in connection with water contamination issues. Most people who were surveyed said uncertainty about water and plumbing safety prompted them to alter water use in their homes. About 47% installed in-home water treatment technologies; 85% said they sought out alternate water sources. Wetter Storms Worsen Pollution Yet well contamination is a problem all over the country, including in places where climate change means more frequent and more intense rain events. In the Midwest, the intensity and frequency of rainstorms has increased since 1901, according to the most recent National Climate Assessment. It’s projected only to get worse. Heavy rains can overwhelm sewer or septic systems, transporting pathogens to the groundwater drawn up by wells. In 2018, hurricanes Florence and Michael inundated coastal Florida, Georgia and the Carolinas, dumping more than 30 inches of rain in some places. The storms affected as many as 730,000 wells in the region, according to estimates from the National Groundwater Association. In North Carolina, the rains from Florence flooded more than 30 hog lagoons full of pig waste. The overflowing toxic muck from floodwaters can seep into the aquifer or make its way down into wells from flooding at the surface. Few Wells Tested for Contamination After Major Flooding From Hurricanes In the wake of the storms, North Carolina tested 1,000 private wells, said Wilson Mize, a regional environmental health specialist with the N.C. Department of Health and Human Services. After Hurricane Florence, 13% of the wells tested were positive for E. coli. Typically, with new wells, only about 3% test positive for it. The results gave health officials a good indication that floodwater was entering the wells, Mize said. The positive results for E. coli dropped to about 3% after wells were disinfected. The numbers provided state health officials a baseline for the effects of flood-related pollution on wells, which is a matter of critical public health concern—about 2.4 million people rely on wells for drinking water in the state. Since 2018, North Carolina has developed a program to get information out to people with wells who face heavy rainstorms. In areas with many wells, county officials place door hanger pamphlets with information about how to care for a well before and after a storm. Along with NASA and a researcher at Northeastern University, North Carolina is developing a well water surveillance and response system. It will create a mapping tool that, after flooding, will pinpoint the areas in the state with private wells. It’s aimed at helping the state determine where to emphasize sampling and disinfection after hurricanes, tropical storms and other heavy rains. Midwest Agriculture Can Threaten Wells In parts of the Midwest, nitrate pollution from fertilizer is especially troublesome after heavy rains, said Scott Laeser, the water program director for Clean Wisconsin, an environmental nonprofit. About a third of Wisconsin residents draw their drinking water from private wells, Laeser said. About 90% of nitrate contamination comes from manure and commercial fertilizer application. When heavy rainstorms dump water, they wash away the fertilizer on farm fields. Nitrates are especially mobile, and, once rainwater saturates the ground, the compounds quickly descend into the groundwater. Then, the chemicals reemerge in people’s well water. Nitrates are most notable for causing what’s known as blue baby syndrome, a condition that results in low oxygen levels in the blood. The threat of well pollution from manure is so severe that the state of Wisconsin operates an online risk advisory forecast to help farmers understand how weather conditions and soil temperatures might exacerbate runoff. It is updated three times a day by the National Weather Service. Laeser said the conservation work conducted by Clean Wisconsin to prevent runoff has been based on the assumptions of past climate patterns, not a present and future in which major rainstorms are increasingly frequent. The group’s conservation measures in the state weren't enough before, he said, but now, they look “increasingly inadequate in the face of the extreme weather challenges that we're facing.” “What we are having to do is kind of toss those out because they aren't relevant anymore,” Laeser said. “Places in western and northern Wisconsin are getting 100- and 500-year storms annually or biannually.” Agriculture has the potential to be a big part of climate solutions, Laeser said. Synthetic fertilizer production uses fossil fuels, in particular natural gas. Heavy fertilizer use contributes to greenhouse gas emissions. Reducing synthetic fertilizer use helps both the climate and water quality, Laeser said. So does finding ways for farms to be financially resilient and sustainable—including incentivizing growers to set aside wetlands—that don't “solely reward them based on as much cheap food as possible.” “There's a huge opportunity in that we can address so many water and climate challenges simultaneously,” Laeser said. “The connections between our water and climate challenges are becoming clearer by the day.” Read the article on Pew Charitable Trust
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Coal ash sparks concern for potential Chapel Hill housing development
By: Ian Walniuk, The Daily Tar Heel April 19, 2022 Residents, Chapel Hill Town Council members and lawyers are raising concern over ongoing plans to develop the Chapel Hill Police Department lot. Council members voted 8-1 to pass a nonbinding agreement to continue discussion on potentially developing the area located off of Martin Luther King Jr. Boulevard, during a town council meeting last month. Many of the members argued that moving forward with the site aligns with the Town's goals of building affordable housing and increasing walkability across the area. Town Council member Adam Searing — the lone opposing vote — said during the meeting that developing this site poses risks for surrounding communities. “Every child in Chapel Hill deserves the chance to come to school healthy and ready to learn,” Adam Searing said. “If we decide tonight to let some of our children grow up on giant mounds of hazardous coal ash, that goal becomes far harder to achieve.” Concern surrounding development on the lot has persisted since coal ash was first identified on the site in 2013. According to the Environmental Protection Agency, coal ash contains contaminants like mercury, cadmium and arsenic. Without proper management, these contaminants can pollute waterways, groundwater, drinking water and the surrounding air. The proposed site plan includes a new municipal services center, as well as multifamily housing and a community green space. However, the Town has not approved any construction on the site yet. Nick Torrey, senior attorney at the Southern Environmental Law Center, criticized Town Council members for their concerns surrounding potentially removing the coal ash, citing how tens of millions of tons of coal ash have been safely cleaned up across the southeastern United States. “There are all kinds of protocols and regulations about how to do that safely, and that’s being done safely,” Torrey said. The Town plans to move forward with an economic development agreement in June. They will then enter a 12-18-month environmental risk assessment process, followed by an environmental management plan for site activities that will be prepared by environmental engineers. Risk assessment In 2019, environmental consulting firm Hart & Hickman completed its risk assessment of the site. The report determined the lot can be repurposed safely without removing all of the existing coal ash and debris. It also recommended interim measures to remove coal ash located close to Bolin Creek. Torrey added that the cancer risk threshold of coal ash exposure had been modified from 1-in-100,000 under the 2019 Environmental Risk Assessment to 1-in-10,000 in the 2021 Environmental Risk Assessment conducted by Hart & Hickman. Chapel Hill Economic Development Specialist Laura Selmer said because the risk assessment looks at the site in its current state — as opposed to potential risk once the site is fully developed — it is reasonable to assume any actions the Town takes will lower the risk of exposure to cancer-causing materials even further. “We’re confident that with the proper mitigation measures, we’ll achieve a safe site,” she said. In response, the Town removed around 1,000 tons of coal ash and soil near the Bolin Creek Trail in 2020, though some coal ash still remains on the site. If the site is developed, the Town plans to cap, contain and cover the coal ash, which would reduce community risk and exposure to potential containments. Town officials estimate that removing the coal ash would cost between $13 and $16 million and would take three or more years to complete, in a fact sheet on the Town’s website. They also state that removing the ash could prove hazardous to Bolin Creek and surrounding communities. Concerns persist Despite assurances from Town Council members and local officials, some residents and environmental advocates have been critical of the Town’s proposals. Torrey said that the Town should go beyond the minimum standards to protect the community and to protect clean water. “What we’ve urged all along is that the Town do the maximum possible to protect people and to protect clean water, and that includes being willing to commit to going beyond the minimum standards that the state might allow for this project," he said. "So that’s something they need to do more to commit to.” Pamela Schultz, an environmental engineer and a member of the Chapel Hill Stormwater Advisory Board, was critical of the Town’s claim that 5,000 truckloads would be required to remove all the coal ash. She said that the true number would likely be lower. The estimate was derived from a 2017 report, but the Town’s consultants have recently said the amount of ash on the site is probably lower than their initial estimates. However, the Town has not lowered its estimate of the number of truckloads. "The Town has said many times that they don’t think it’s as much as they originally estimated," Schultz said. The Brownfields Program In 2019, the site was declared eligible for the Brownfields Program, which would allow the North Carolina Department of Environmental Quality to work with prospective developers to clean up and redevelop sites that currently pose a risk of environmental contamination. Environmental lawyer Robert Gelblum said the Brownfields program is typically used when a developer wants to repurpose a site with potential contamination, but is worried about liability. “So they get this agreement whereby, instead of paying millions and millions of dollars to have to literally clean up and remediate the pollution, they negotiate this agreement which typically only requires land-use restrictions,” he said. According to Gelblum, such land-use restrictions include a prohibition on the use of groundwater and the development of senior and childcare centers. He believes developers typically prefer these land-use restrictions to removing environmental contaminants. “There’s no doubt the developer is hoping to avoid actual clean-up costs,” he said. Moving forward, Schultz said that she would favor removing the ash that is easily accessible on the slope. “In remediation, you’d call this source removal, where you know you’re not going to get 100 percent of the contaminated material, but you do your best to try and get the most concentrated potential source of future exposure and risk,” she said. Searing added that he would like to see the Town reevaluate costs associated with removing the coal ash. “I’d like to get three new estimates about how much it costs to move (the coal ash) and where it would go, and not from companies that we’re paying to tell us what we want to hear,” he said. Read the article on The Daily Tar Heel
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Developing the Community Toolkit: A Grassroots Approach to Meaningful Environmental Advocacy
Last chance to participate in giving feedback on your needs and interests as we build our Community Toolkit! We will not be having the virtual session, so please make sure to submit your perspectives via our Survey down below or email us at info@cwfnc.org with an extended deadline of Fri 8/12. North Carolina communities have experienced years of limited opportunities to participate in state officials decision-making processes for environmental policy and permitting. This has been particularly difficult for historically marginalized and underserved communities under traditional power dynamics. It’s not to say that there are no opportunities to engage in state actions as a member of the public, just that there are some significant limitations. To promote all community voices, Clean Water for NC is revamping our Community Toolkit to provide resources you can use to advocate for your neighborhood, learn about environmental justice and issues, and protect your rights for a clean environment regardless of time, funding, or previous knowledge. We want to hear from YOU about what your needs are in being connected to resources and tools. Share your preferences, wants and needs by responding to our 15-question Community Toolkit Survey TODAY! Everyone who submits a survey will be entered into a drawing for a $25 Visa Gift Card. We will also be holding Listening Sessions over the summer. Stay tuned for more information by signing up to our email list.
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Contaminated wells prompt NC county to seek state grant
By: Ben Sessoms, Common Dreams April 19, 2022 The Gray’s Creek community in Cumberland County could receive federal funding to help address the GenX contamination of some residential wells. The county Board of Commissioners unanimously agreed Monday to apply for North Carolina’s drinking water reserve and wastewater reserve grant. The grant, which has two rounds of funding in the spring and fall, is financed through federal allocations to the state as part of the American Rescue Plan Act, or ARPA. The N.C. Department of Environmental Quality will administer the funds and determine which applicants are awarded grant money. If accepted, the county could receive up to $15 million to fund construction of a new central water distribution system in the Gray’s Creek area in southern Cumberland County, according to county documents. The state’s grant is meant for at-risk water systems for which, among other purposes, the applicant’s intention is to connect residences in disadvantaged, underserved communities to a different water system. According to water sampling from DEQ, some residential wells in Gray’s Creek are contaminated with GenX, a chemical substance produced in the nearby Chemours plant. GenX is a trade name for one unregulated per- and polyfluoroalkyl substance, or PFAS, used in manufacturing nonstick coatings, among other purposes, according to the N.C. Department of Health and Human Services. Last month, Cumberland County filed a lawsuit against Chemours and its predecessor company, DuPont, for allegedly releasing millions of pounds of PFAS into the air above its Fayetteville Works facility in the decades following 1970, as reported by Carolina Public Press. To determine how GenX affects the human body, more studies need to be done, according to DHHS. A small, limited study from the state agency suggests the substance, which DuPont started producing in 2009, may leave the human body quickly. Previously, the county had allocated $10.5 million for providing an alternative water system for Gray’s Creek. A pending contract is in place with the Fayetteville Public Works Commission, but the board has not yet finalized and approved that agreement. The county has until May 2 to apply for the state grant. If DEQ doesn’t accept Cumberland County’s application, the department will automatically consider the application for the next round of funding in the fall. The state could grant a low-interest loan to supplement funding if Cumberland County accepts, according to DEQ. If funding is still available after both application rounds, DEQ will give more to accepted applicants in $5 million increments until all the money is exhausted. DEQ will reward applicants in increments in order of priority, which the agency will determine. Read the article on Common Dreams
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Renewables company could transform how millions of tons of hog waste are managed in NC
By: Lisa Sorg, NC Policy Watch April 5, 2022 Montauk Ag Renewable has test site in Duplin County and plans to operate plant in Sampson County, but will it work? Outside a large steel barn in Magnolia, Martin Redeker scooped loads of dried hog waste, composted with carbon, onto a snow shovel for anyone to take a deep whiff. It smelled. Not of acrid ammonia or sulfur, but faintly like dirt. For the past five years at a test site in Duplin County, Redeker and his business partner, Joe Carroll of Montauk Ag Renewables, have been tinkering with a new technology to process the millions of tons of hog waste produced each year in North Carolina. Redeker, an engineer, designed a system that is radically different from conventional anaerobic digesters, whose state draft permits are up for public comment. Instead, if this technology meets expectations, it could change how farmers use their lagoon and spray fields, and possibly negate the need for that antiquated method at all. “We’re running out of room in our lagoons,” said one long-time farmer at a public meeting in Turkey, North Carolina, earlier this year. “We’re running out of spray fields.” While the technology is not an environmental cure-all – it still produces biogas – it still could benefit residents, most of them people of color, who have long endured the odors and drinking water concerns associated with industrialized hog operations in eastern North Carolina. Roy Lee Lindsey, CEO of the NC Pork Council, told Policy Watch in an email statement that “We’ve heard some talk about Montauk Renewables but are not familiar with the details of its technology. We look forward to learning more about the company and the ways it might benefit North Carolina’s pig farmers. “North Carolina pig farmers are always looking for ways to continuously improve how we raise animals. Whether that involves using less water and energy or better manure management, we recognize the value of incremental steps forward.” Whether Redeker’s and Carroll’s invention offers change that is incremental or transformational remains to be seen. Yet it relies on a simple principle of physics that has existed since the Big Bang: “Energy can’t be created or destroyed,” Redeker said. Left to right: Martin Redeker and Joe Carroll of Montauk Ag Renewables; Max Pope, mayor of Turkey, at a public meeting earlier this year. (Photo: Lisa Sorg) Down a long driveway off Blind Bridge Road in Magnolia, sits the barn with a shipping container affixed to its side. Inside the container is a makeshift office, outfitted with a couple of long tables and a whiteboard scribbled with numbers and flow charts. Redeker, vice president of Montauk Ag Renewables, originally worked on technologies extracting oil from plastics in landfills. He splits his time between Colorado and North Carolina. Carroll, the company president, lives in Greensboro and previously worked in environmental mitigation, restoring streambanks and waterways. The two men owned a separate company that Montauk Renewables, a publicly traded company, purchased last year. Inside the barn winds a network of conveyors and ovens, pipes and vacuum pumps. There is no stack, Redeker said, because there are no air emissions. The process would work like this: Montauk would send a truck to the farms, which either would slurp or excavate the waste directly from the lagoons; it’s also possible to intercept the waste before it reaches those pits. The truck would transport the waste back to the new Montauk facility off Highway 24 in Turkey, in Sampson County. There, the waste would be processed in a “closed-loop” system, and converted into biochar, which is essentially fertilizer; bio-oil, a substitute for petroleum; and biogas. As planned, the plant could process 12 tons per day, with the potential to expand to 20 tons. “This isn’t something that we just drew up on the back of a napkin,” Carroll told attendees of the public meeting in Turkey. “There’s a lot of engineering, a lot of iron, a lot of steel that goes into this.” To wring as much as energy from the waste, it must be dried and processed within seven to 10 days. “That’s when a lot of the material starts to degrade and you start to get a lot of that odor,” Redeker said. “We’re in the business of taking advantage of all the energy we possibly can. We’re not stockpiling the waste.” The public meeting in Turkey was prompted by the news that Montauk Ag Renewables had purchased a former Bay Valley Foods warehouse on the west side of Turkey for $5.5 million. Montauk chose the warehouse in part because it is near five hog lagoons holding about 150,000 tons of waste. About 50 people – equivalent to about 20% of Turkey’s population – crammed into the small town hall to hear from Redeker and Carroll, who were invited at the mayor’s behest. Town residents said they were worried about potential odors and flies – the very issues plaguing neighbors of the farms themselves. “I don’t believe we’re bringing in an odor problem,” Redeker said. “And the farms are going to smell less and less as we remove the waste.” Residents were also concerned about being sandwiched between two biogas facilities. On the east side of town, Align RNG is a joint project between Smithfield Foods and Dominion Energy. It is a hub for a conventional biogas system. Farmers install covers on their waste lagoons to capture methane, which is then funneled through a miles of underground pipelines to Align RNG. Align RNG cleans and upgrades the biogas and sends it through a pipeline for Duke Energy to use in its natural gas plants. Montauk Ag Renewables, whose property is outlined in blue, has purchased a former food warehouse on the west side of Turkey, in Sampson County. A separate project, Align RNG, headed by Dominion Energy and Smithfield Foods, operates on the east side of town off Highway 24 and BF Grady Road. (Base map: Sampson County GIS) A pipeline runs along Highway 24, which could be an injection point for Montauk’s biogas, Carroll said. However, pipeline companies usually partner with a single user for injection points, “so we will most likely not be partnering with Align.” If Montauk can’t inject into the pipeline, it plans to contract with a trucking company to deliver the gas to another injection point. Jim Monroe, spokesman for Smithfield Foods, said via email that while the company isn’t “closely familiar with this project and can’t speculate on the outcome of testing, we’re generally supportive of technologies that help farmers manage manure and have the potential to enhance the systems we have in place today. Within our own operations, we’re continually looking for ways to innovate and improve upon available technologies to further support farmers and agriculture and steward the environment.” However, conventional biogas systems like those deployed by Align RNG have shortcomings. Conventional anaerobic digesters are expensive – hundreds of thousands of dollars or more – a cost borne by the farmers. Montauk’s technology, Carroll said, requires no upgrades at the farm. “We work with existing infrastructure. They won’t need to retrofit their farm.” Conventional digesters still leave at least one lagoon uncovered, the main source of the objectionable odors. “High freeboard” – industry parlance for a lagoon that is too full – is a common violation at these farms, according to state records. The Rev. Jimmy Melvin, center, is pastor of Mt. Zion AME Zion Church in Sampson County. The church had to dig a new well after the county board of health found elevated levels of nitrates in the drinking water. The church is near several hog farms. Melvin attended a public meeting in Turkey about Montauk Ag Renewables proposal to convert hog waste for beneficial reuse. (Photo: Lisa Sorg) The feces and urine are pumped from the lagoons and sprayed on adjacent fields. That waste then seeps into the groundwater, which can contaminate streams and drinking water wells. A recent study by three scientists at UNC Wilmington shows that industrialized swine farms, and their lagoon/sprayfield systems, are a source of chronic “nitrogen, phosphorus and fecal microbial” contamination in the soil and waterways in eastern North Carolina. Nitrogen and phosphorus in waterways can stimulate the growth of toxic algae; fecal contamination poses a public health risk. Preliminary sampling data shows that nine sites in the Lower Cape Fear River Basin recorded increases in fecal bacteria. Thirteen sampling stations showed significant upticks in nitrate levels. Some drinking water wells in eastern North Carolina have elevated nitrate levels. The Rev. Jimmy Melvin, pastor of Mt. Zion AME Zion Church in Magnolia, attended the meeting in Turkey. He had to have a new well drilled for the church after the local health department notified him nitrate levels in the drinking water were unsafe. At their test facility in Magnolia, Redeker and Carroll grow switchgrass. If harvested at the right time, switchgrass can clean the soil of excess nitrogen and phosphorus because the plant has absorbed those elements into its stalk. When the plant in Turkey is fully built out, each of the 20 units will processes 12 to 15 tons of waste per day, essentially removing 275 tons of waste from the watershed daily. “That’s what got me interested in this in the first place,” Carroll said. “It wasn’t the energy piece, it was reducing the nitrogen and phosphorus in this watershed.” Since Smithfield and Dominion announced the Align RNG project, many eastern North Carolina residents and climate activists have objected to it because the release of any methane-producing gas escalates climate change. And eastern North Carolina often bears the brunt of those effects, as hurricanes, storms and floods intensify. Injecting biogas into traditional pipelines only entrenches the reliance on fossil fuels, they say. But the methane already exists, Carroll said, generated by the hog, spray field and the lagoon. “We’re able to capture that methane and get a beneficial reuse,” he said, “rather than releasing it into the atmosphere.” Montauk Renewables, based in Pittsburgh, has long captured landfill gas for energy projects. It recently took over a dairy operation in Idaho to convert the waste into biogas. “We harvest the gas,” said John Ciroli, vice president general counsel of Montauk. “We’re not making it.” At the meeting in Turkey, jars of dried hog waste, switchgrass carbon, bio-oil and compost were lined up in a row. Redeker invited attendees to open them. Some smelled like nothing. The switchgrass smelled like tea. The manure smelled like dirt. Read the article on NC Policy Watch
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Appalachia Knows There’s a Climate Crisis. Does President Biden?
By: Russell Chisholm, Common Dreams April 5, 2022 As an Army veteran who served in Desert Storm and a frontline organizer in the fight to stop the Mountain Valley Pipeline, I am certain that a transition to renewable energy is what our world needs right now. We can’t keep watching as fossil fueled wars displace and kill thousands of people around the world, from Ukraine to Iraq. Not only are these wars inhumane; they threaten the possibility of a livable future for everyone on this planet. They underscore the need to stop projects like MVP and transition to renewable energy. In the past few weeks, we have witnessed the fossil fuel industry and its political allies spread lies about the impact of fracked gas and Liquid Natural Gas (LNG). Industry cronies have been baselessly declaring that completing the MVP will help our allies in Ukraine. The industry is taking advantage of a brutal war to put profit over people. But this profiteering does nothing to change our stance that the MVP and any new fossil fuel infrastructure should not be built. Here in Appalachia, we know that we can’t afford to move backward on climate progress. Unfortunately, the Biden administration is not acting in alignment with people on the frontlines of the climate crisis and environmental justice—the very communities it has claimed to put first. This month, the administration announced it will increase US liquid natural gas (LNG) exports to Europe to alleviate their dependence on Russian oil and gas. This is a massive concern for the future of climate action because building new fossil fuel infrastructure could result in the US relying on gas for longer—despite widespread certainty that all countries should be phasing off fossil fuels, including in the newest IPCC report, published Monday. Here in Appalachia, we know that we can’t afford to move backward on climate progress. Stopping the MVP isn’t about completion numbers anymore. It’s not even about permits. We are in the midst of a climate emergency, and that means this project can never be put into service. In order to ensure this happens, we need to see bold action from President Biden. There are several ways he can get back on track and help us stop the MVP. Biden could use executive action to act boldly to stop the expansion of fossil fuels and jumpstart a renewable energy transition without having to go through Congress. If Biden issued an executive order invoking the National Emergencies Act to declare a climate emergency, he could have the power to direct agencies to review their remaining permits through the climate lens, which might result in favorable decisions toward stopping MVP. The MVP is a climate disaster; it would result in the equivalent of emissions from 23 average U.S. coal plants, or over 19 million passenger vehicles annually. The pipeline also increases the risk of methane emissions, which is a greenhouse gas multitudes more potent than carbon dioxide. Stanford University recently found that methane leaking from US oil and gas infrastructure and production areas is several times greater than federal government estimates. If Biden declared a climate emergency, there would be no possible justification for methane-spewing projects like the MVP. Declaring a national emergency isn’t the only solution to the climate crisis, but it could create momentum for more bold climate action and help mobilize funding. It could also increase public pressure on unnecessary projects like the MVP. Another mechanism the Biden administration could use is the Defense Protection Act. That it is currently drafting an executive order invoking the Act to help electric vehicle producers access key minerals for the technology to store energy signals that the administration is open to using executive authority for environmental actions. Biden could also invoke the Defense Production Act to help domestic industries accelerate the production of renewable technology that could drive down costs. Some federal agencies have attempted to make progress on climate. Recently, the Federal Energy Regulatory Commission (FERC) issued policy statements saying it will consider greenhouse gas emissions and environmental justice impacts when assessing fracked gas infrastructure. But the fossil fuel industry and the politicians they bankroll pitched “a fit because they’re worried FERC’s modest proposed policy changes might mean they no longer have free rein to build as many polluting pipelines as they want”, as Kelly Sheehan at the Sierra Club put it. During FERC’s March meeting, the agency hit pause on implementing the policy changes, despite clear direction from courts that FERC can’t continue to ignore climate and environmental justice impacts when assessing projects. If Biden declared a climate emergency, there would be no possible justification for methane-spewing projects like the MVP. Agencies, states, rural communities, and cities need clear and decisive federal leadership in order to effectively address the climate crisis. These entities have repeatedly shown interest in and pursued such action, but they continue to be impeded by the greedy fossil fuel industry. Biden says that he is for environmental justice and workers’ rights. Yet his actions put vulnerable communities like those in Appalachia in danger of being left behind with stranded assets and new polluting infrastructure in a just transition to clean, renewable energy. If he is to be the Climate President he says he is, Biden must also direct adequate and equitable funding for workers who are putting the transition into action and include them in federal policy. I served in Desert Storm. Now I’ve devoted my life to protecting my community’s land and water from the threat of unnecessary fossil fuel expansion. It’s time to turn away from fossil fuels and kickstart a just transition to a renewable and clean energy future. It’s time to declare a climate emergency and ban fossil fuel leasing on federal lands and waters. Here in Appalachia, we’re ready. Are you, President Biden? Read the article on Common Dreams
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