NASHVILLE, Tenn. – Environmental groups in Tennessee are figuring out their next move after the Trump Administration this week rolled back some Obama-era regulations regarding coal ash disposal.
Acting EPA Administrator Andrew Wheeler said the new rule will provide utilities and states more flexibility in how coal ash waste is managed, while ensuring human health and environmental protections. However, Earthjustice Senior Administrative Counsel Lisa Evans contends the industry will be able to operate coal ash ponds in dangerous areas that are known to be leaking.
"It allows them to accept more toxic waste for a longer period of time instead of closing,” says Evans. “It allows them to lift monitoring requirements. It lessens the scrutiny that would be placed on technical certifications. All in all, this is a great step backwards for public health and the environment."
Evans says nearly 95 percent of all coal-ash dump sites have contaminated groundwater with toxins deemed by EPA unsafe to drink. Earthjustice and other organizations are examining the new rule and considering a court challenge.
The new rule weakens drinking water protection standards for several hazardous chemicals, including lead, cobalt and lithium. And Evan notes it allows state officials to decide if sites are following regulations, instead of qualified engineers.
"What this rule does, therefore, is politicize the science, allow those decisions to be made by a person now who can be influenced by the industry, who may be in programs that are under-staffed, may not have technical knowledge,” says Evans.
She adds this is just part one of an extended effort to water down the coal-ash rule.
"We will see – perhaps this fall, perhaps early next year,” says Evans, “additional rule makings by EPA that will erode the public health and environmental protections established by the Obama administration."
The worst coal ash disaster in U.S. history occurred here in Tennessee, when in 2008 more than one billion gallons of coal ash sludge were spilled because of a dam failure at the Kingston coal-fired power plant. It covered more than 300 acres, damaged homes, contaminated waterways and killed thousands of fish.
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A new report found four dams in the Columbia River Basin are big emitters of methane.
Research from the organization Tell The Dam Truth showed the four lower Snake River dams in eastern Washington emit the equivalent of 1.8 million metric tons of carbon dioxide each year.
Robin Everett, deputy western region field director for the Sierra Club, said it undercuts some of the claims the dams are helping provide the region with clean energy.
"It's really clear from this report that we have to take this a lot more seriously that there are some real impacts as far as emissions go from these dams," Everett asserted.
The reports showed the dams produce the equivalent emissions of burning 2 billion pounds of coal annually. Defenders of the dams counted they are important for barging and irrigation for the area's agricultural lands.
But Everett pointed out the dams have another effect on the region: they block the dwindling population of salmon and steelhead from traveling upstream on the Snake River. She noted it not only hurts fish populations but the tribes relying on them.
"We have an obligation for them to be able to fish and if there are no fish to fish, we have broken the treaties," Everett contended
Chinook salmon are also an important source of food for orca on the West Coast. Everett added protecting salmon is important for tribes and the region as a whole.
"Our moral obligation to the salmon and the orca that depend on them are met as well," Everett concluded.
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A proposed pumped-storage hydroelectric facility for Cuffs Run near the Susquehanna River in York County has been challenged by the Chesapeake Bay Foundation.
The foundation filed a motion to intervene in the proceedings with the Federal Energy Regulatory Commission, which is considering granting a preliminary permit to build a 1.8-mile-long dam for the project.
Harry Campbell, science policy and advocacy director for the Chesapeake Bay Foundation, said they are working to stop the project in order to protect the unique Cuffs Run area and its ecological benefits for future generations.
"If approved, this project would destroy it about 580 acres of prime farmland, fields and forests, some of which have not been disturbed in about 100 years," Campbell pointed out. "Those farms, fields and forests exist harmoniously with and in support of a plethora of plant and animal life."
The foundation is circulating an online petition and encouraged Pennsylvanians to provide comments before Sunday.
The stream is home to naturally reproducing brook trout. Advocates worry the $2.5 billion project would also be harmful to the Susquehanna River. Campbell noted about 40 families would be displaced.
"For those who call Cuffs Run home, it's more than just a place to live. It's their heritage and they want it to be part of their legacy," Campbell asserted. "This project just simply is the wrong idea in the wrong place. In order to honor that heritage and that legacy, we need to preserve this area."
Campbell emphasized the Cuffs Run project is about 993 acres of land draining into a 2.5-mile unnamed tributary. He added in terms of stream habitat, the rocks, pebbles and woody material have been identified as among the best in the region for supporting critters living in the water.
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Tennesseans want more say in how the Tennessee Valley Authority plans for their future electricity needs and a bill now in Congress could give the public more influence.
The "TVA Increase Rate of Participation Act," would require a more open decision-making process for the utility.
Brianna Knisley, director of public power campaigns for Appalachian Voices, said the TVA is currently developing its new Integrated Resource Plan to meet future energy demands. The bill would require more public participation in the plan's proceedings.
"Right now the stakeholders who get to provide input early on in the IRP process are all hand-selected by TVA," Knisley pointed out. "You can't choose to be in that IRP working group. And those are the only folks who get substantial input in the architecture of the IRP, as it's being designed."
The utility serves more than 10 million people across six states. The TVA said it is reviewing the legislation. A draft of the plan will be published at a later date. The TVA said it already has a "robust stakeholder engagement plan."
After the plan is released, Knisley noted public input happens during what's known as the scoping phase of the National Environmental Policy Act. Open houses are set up, where the TVA answers questions from the public. Knisley encouraged Tennesseans to raise any of their concerns during the public and virtual hearings.
"I think additional public input into our region's long-term energy plan is only going to strengthen outcomes," Knisley contended. "And make that long-term energy plan better meet the needs of the Tennessee Valley, as a whole."
She added it is important for Tennesseans to work with Congress on the best way to improve public input in the TVA decision-making process.
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