Tuesday, February 25, 2014

Maybe West Virginians Really Aren't Happy With King Coal After All


I’ve been blogging about my apparent dismay that there doesn’t seem to be that much of a sense of outrage in West Virginia when those folks have been denied basic drinking water for weeks on end. Well, this recent poll by the Sierra Club may indicate that, though they are not carrying signs and marching down the street, West Virginians are not happy with the situation in their state.
            Across party lines in this poll of 504 West Virginia voters a great majority favor more regulation of the coal industry, with an overwhelming 68 percent, including 57 percent of Republican respondents, saying that greater regulation would have prevented last month’s toxic spill in the Elk River that poisoned the drinking water for 300,000 West Virginia residents. Another 65 percent of respondents thought that the coal industry bore “some” or “a lot” of responsibility for air and water pollution in their state. And 61 percent believe that coal companies have too much influence in their state’s politics.
            These people are voters. Let’s hope that their beliefs and convictions accompany them to the polls in the next election.

When the river looks like this, maybe it's time to call in the regulators.

West Virginia Governor Tomblin Meets With EPA Administrator McCarthy, Maddening Irony Ensues

Gov. Tomblin criticizes ‘unreasonable’ EPA rules

The above link takes you to Ken Ward’s Coal Tattoo blog in which he reports on the meeting between West Virginia governor Earl Ray Tomblin and EPA Administrator Gina McCarthy. In the same meeting in which the two discussed the poison water crisis in southern West Virginia, Tomblin complained about the Environmental Protection Agency’s “unreasonable” rules.
            Tomblin’s comments about unreasonableness concerned the agency’s greenhouse gas regulations and not regulations on chemical containers and toxic spills in rivers, but even still the irony meter must have gone off the charts while the governor spoke to the Washington official.

Monday, February 24, 2014

D.C. Court Throws Out Bush Gutting of Mountaintop Mining 100-Foot Buffer Zone Protection


This is some good news. The eleventh hour rewrite that the George W. Bush administration gave to the 1977 Surface Mining Control and Reclamation Act that stripped the 100-foot buffer zone for streams and rivers has been struck down by the Washington, D.C. district court.
            The Obama administration has been unsuccessful in its efforts to reinstate the buffer zone. So this ruling is some progress. The court, in its ruling in this case that was filed by the Southern Environmental Law Center, said that in doing away with the buffer zone, the Office of Surface Mining did not adequately consult with the Fish and Wildlife Service as to the effects the rule change would have on endangered species. The court ruling is here.
            The buffer zone rule applies to the disposal of what is called ‘overburden,” the soil and rock that lays atop the seams of Appalachian coal. In mountaintop mining this overburden is blasted away to get at the coal underneath. As the rock and soil are removed from the mountain, it is dumped into adjacent valleys. The buffer zone protects the streams in these valley from being covered over with the overburden.

Just 100 feet to protect the stream, that's all.


This ruling give us hope, but mountaintop mining will continue. And in many ways the 100-foot rule had been merely symbolic, due to the history of its lax enforcement. Even with the buffer zone regulation, 2,400 miles of Appalachian streams, the length of the Mississippi River, have been destroyed by mountaintop removal. And since the ruling, some Washington lawmakers are voicing support for H.R. 2824, the Preventing Government Waste and Protecting Coal Mining Jobs in America Act, which would turn the 100-foot buffer zone regulation over to state regulators, essentially gutting the federal law.
            Hat tip to Andy for notifying me of this news.

Sunday, February 23, 2014

United For Coal? What About United For People and Safe Drinking Water?


Just one to three more weeks, and we might know if the water in southern West Virginia is safe to drink. Not one to three weeks till it’s safe to drink, but one to three weeks before we can determine if it MIGHT be safe.
            The poisonous spill of 4-methylcyclohexane methanol in the Elk River occurred on the ninth of January, over six weeks ago, and we might have to wait another three weeks before we can determine any amount of safety of this water. In the meantime we’ve had school closings and businesses straining to stay open.
            Back in 2012 an organization called United For Coal got turnout in the hundreds, perhaps thousands to “take a stand for coal” against an imaginary “war on coal” that was to be blamed on Barack Obama as he ran for reelection. Where are those people now? Do they not have any concern for themselves, their neighbors, and their children as they are denied basic drinkable water? Those folks lined highways carrying signs and wearing bright yellow T-shirts. A United For Coal website claims that our government, is committing, “Regional Genocide” in relation to Appalachia and the coal region. The site goes on to say, “They have summarily executed the entire coal industry thru (sic) overreaching environmental regulation.”

Line up, wear T-shirts, and wave flags for coal and Mitt Romney while your water gets poisoned


I try to avoid similar over-the-top rhetoric—like using the word genocide when I’m not talking about historical situations in Rwanda and Nazi Germany—as the United For Coal site does. But think about it for a while, what comes closer to genocide than poisoning drinking water for 300,000 people? Where are these protesters? Where are their signs and T-shirts? If you’re going to line up along highways and freeways and wave to supporters as they drive by and honk their horns, what does it take to motivate you? A 100-foot stream buffer rule as part of surface mining regulations, or not being able to bath for weeks on end and having to pick up plastic containers of water down at the shopping mall?

Friday, February 21, 2014

West Virginia, Ever More Unequal and Not a Nice Place to Live, Either


It seems that ripping up all their mountains for the coal that lies underneath doesn’t do West Virginians much good at all. A quick look at the news today reveals that only a few benefit from the commerce and resources of the Mountain State, and for most of the West Virginia’s residents life remains just as crappy as ever.
            A report from the Economic Analysis and Research Network, a nonprofit research center in Washington, D.C., found that more than half of West Virginia’s income growth over the past three decades went to the state’s top one percent of taxpayers. The report is titled “The Increasingly Unequal States of America: Income Inequality by State, 1917 to2011” and was released this past Wednesday.
            In some ways it could be worse. In four states, Nevada, Wyoming, Michigan, and Alaska, it was only the one percent to experience any increase in income. Average folks in West Virginia received at least some increase in their incomes. The top one percent nonetheless took home the lion’s share, 53 percent, of the income gains in the Mountain State in the past 30 years.
The folks over at Gallup have been tracking the overall well-being of Americans since 2008. For the fifth year in a row West Virginia has ranked dead last. The survey looks at things like personal life evaluation, emotional health, work environment quality, physical health, the practice of healthy behaviors, and access to basic necessities. Except for work environment quality, West Virginia ranked last on all indices used in the survey. On a scale of 0 to 100, 100 being the absolute highest quality possible, the highest state ranking was that of North Dakota, with a score of 70.4. West Virginia scored a 61.4. The next lowest ranking state was Kentucky, with a score of 63.0.
So things are crappy in West Virginia. But there are still people who want to put a positive spin on a revealing study like this. This piece from WCHS, an ABC affiliate in the Charleston-Huntington, West Virginia area, portrays the study’s findings in the context of a “controversy” that is caused by “an out of state report knocking West Virginia.” Instead of examining the findings of the study and explaining them to the audience, the reporter, Stefano DiPietrantonio, sums up, “Despite our troubles, critics don’t know what they’re missing. And everywhere you look there are reasons to love West Virginia.” He conducts a few man-on-the-street interviews and reads a few twitter comments in which folks offer words of praise for West Virginia.
OK, I love West Virginia, too. That’s why I blog about it so much. But love should not blind you to some obvious problems. And, after the portrayal of the science linking smoking to lung cancer as a “controversy” and the science of global warming being a “controversy,” haven’t we wised up to this canard? Did they explain to DiPietrantonio in journalism school that a small collection of opinions and data are two different things?
Maybe it’s because they watch news programs like this in West Virginia that folks there are not marching in the streets demanding that their water be suitable for drinking.

Wednesday, February 19, 2014

Fourth Poisonous Spill in Appalachia This Year


So now there is a second toxic spill in North Carolina's Dan River from the decommissioned Duke Energy power plant. So how many toxic spills have gone into the waters of Appalachia this year? Four?
            And it’s only February.

Coal ash in the streams now a common sight in Appalachia?

Tuesday, February 18, 2014

More Bad Water-and Bad Business and Bad Politics-in Appalachia


The days, weeks, and yes, the months are passing by and still the drinking water in southern West Virginia remains questionable. Schools were in session yesterday, though it was Presidents’ Day. Even still, students at Grandview Elementary School in North Charleston were sent home early after teachers at the school said that they smelled the licorice smell characteristic of the 4-methylcyclohexane methanol that was spilled into the Elk River, a source of drinking water for 300,000 West Virginians, back in January. Students at the school complained of headaches.
            West Virginians have poisoned water, but at least they have been warned off by the licorice smell. North Carolinians have no instant way to tell if their water is fouled. The toxic mercury, lead, selenium, and arsenic that wound up in their water as a result of the coal ash spill in the Dan River on the third of this month don’t readily give off tell-tale fumes when they have reached toxic levels in drinking water. So should they trust state regulators and business executives when they tell their state lawmakers that their water is safe to drink? Seriously, would you feel safe drinking the water that came out of the Dan River?
            And in a typical George W. Bush type of delaying tactic—the 43rd president repeatedly said that legislation and action on global warming should commence once more research had been performed—North Carolina state legislators said that they lacked sufficient information to do anything and months would pass before solutions to the problem became clear to them.
            Tons and tons of toxic coal ash poured into one of your rivers. Coal ash has been around since people started burning the fossil fuel; folks have known about lead and arsenic being toxic for hundreds, even thousand of years; and you need a few more months to get clear on this topic?
            The New York Times has a pretty good take on things in North Carolina. As I touched on the cozy relationship between utilities and North Carolina regulators before, the NYT editorial board notes how the state protected Duke Energy in three lawsuits brought by environmental groups over the company’s coal ash storage facilities. In light of the disasters in West Virginia and North Carolina, the National Geographic asks appropriately if the water is good to drink in the rest of the country. After all, it is not only coal ash and 4-methylcyclohexane methanol to poison our rivers and streams. CAFOs (Confined Animal Feeding Operations) can put things like coliform and e-coli in water. Click here and you’ll see the number of these meat factories that dot the land just in Ohio.

 
When you get a whole bunch of livestock in one place like this, the rain can create runoff problems big time photo naturalgrocers.com

And this story intrigued me. The Jewish community of Charleston has responded to the water crisis in their city, and yet they admit that their response is not as vibrant as what you might expect from a similar temple or synagogue in another city. It seems that no matter what, whether you attend a church, synagogue, mosque, living in the Mountain State saps folks of their sense of community.

Friday, February 14, 2014

The Winners and Losers in Appalachia


It looks like somebody at least is doing his job when it comes to the toxic spill in North Carolina. The United States Attorney’s Office in Raleigh, North Carolina issued grand jury subpoenas to Duke Energy, the company that owns and ran the retired power plant that spilled between 50,000 and 82,000 tons of coal ash into the Dan River, and the North Carolina Department of Environment and Natural Resources.
            The subpoenas are asking for emails, memos, and reports related to the spill that occurred nearly two weeks ago. The subpoenas also want information on the state of North Carolina’s oversight of Duke Energy’s 30 other coal ash dumps.
            It turns out that environmental groups had tried to force Duke to clear out leaky coal ash dumps, suing the energy company under terms of the Clean Water Act. In every case, the state of North Carolina blocked the lawsuits. Do you think that the subpoenas have anything to do with this?
            One of the most graphic and sickening pieces of journalism on mountaintop removal is published today over at businessinsider.com. Rightly, they identify this destruction as a product of addiction, our addiction to cheap coal. WARNING: these are graphic and disturbing images. You might think twice before clicking.
            The same website also examines the paradox that is mountaintop removal. Even while billions of tons of coal are being dug out of the mountains of Appalachia, coal jobs have sharply declined in the last couple of years. The article cites the booming of gas production, which is true in this case, as well as environmental regulation, which is false in this regard, as the causes of the downturn.  Quoted in the article is Luke Popovich, a spokesman for the National Mining Association. He says, “There's a gross inconsistency, in our view, of this administration's insistence that it wants to create high-wage jobs and more of them, and the reality that their policies are having on the employment marketplace.”

This is regulated, Mr. Popovich?

The canard of environmental regulation reducing coal jobs is risible. If you had the fortitude to click on the images of mountaintop mining, you can easily see that environmental regulation of this type of mining is nonexistent. As West Virginia Senator Jay Rockefeller recently told NPR, when it comes to coal and West Virginia, he says, “So the industries always win, the people always lose.”

Tuesday, February 11, 2014

Third Toxic Spill In Appalachia In a Month: Is It Time to Start Taking This Stuff Seriously?


What coal slurry looks like when it flows into a stream



Yet another coal-related spill in Appalachia. This time it’s coal slurry. More than 100,000 gallons of the black liquid poured into a stream in Kanawha County, West Virginia. Kanawha County is one of the counties that was also affected by the toxic spill of 4-methylcyclohexane methanol in the Elk River just over a month ago. The coal slurry came from a Patriot Coal processing facility.
            Like the Elk River spill, no one is quite certain how toxic coal slurry is. Despite there being thousands of impoundments of coal slurry, one of which in West Virginia is so large the earthen dam that impounds the sludge is as tall as the Eiffel Tower, there have never been sufficient tests as to its toxicity. The EPA says the toxins could originate from the coal, the coal matrix (the other rock and minerals dug up with coal in a mine), the chemicals used to “wash” the coal, such as kerosene and fuel oil, or chemicals like polyacrylamide that used to aide coagulation of the coal slurry.
If these were incidents of schools shootings, the press would be all over these stories. If they happened to be a dozen or so folks burning flags on two or three occasions, then talk radio and Fox News would blanket the airwaves with ceaseless blather on the subject. But these are toxic spills in Appalachia, an industrial sacrifice zone. No talking head on Fox News will mention this.
The Brushy Fork coal slurry impoundment in southern West Virginia shown in relation to the Eiffel Tower

From Ken Ward Writing in the Charleston Gazette: Hearing Provides Few Answers on Water Safety

Hearing provides few answers on water safety  - News - The Charleston Gazette - West Virginia News and Sports -

Ken Ward covered yesterday’s Congressional hearing on the toxic spill that poisoned the drinking water for 300,000 West Virginians last month. The link above takes you to his story. A month after the spill, no one, not a single official, would say that the water is now safe to drink.

Monday, February 10, 2014

OOPS! Sorry, You're Water's Not Safe To Drink After All

North Carolina officials said water from the Dan River was safe to drink.



This sounds familiar. A toxic is spilled in a river; residents are warned about drinking the water; later officials declare that the water is safe to drink; then, big surprise, the water is found to still be poisonous.
            This scenario played itself out in southern West Virginia this past month, where a chemical spill poisoned the drinking water for 300,000 residents. The water was declared unsafe, then safe, then unsafe again. Now the very same story is playing itself out in North Carolina, where a leak spilled between 50,000 and 82,000 tons of coal ash into the Dan River last week. Coal ash contains arsenic, lead, mercury, and selenium, all of which are toxic. Officials in North Carolina declared the water safe to drink on the third of this month, the day on which the coal ash spill had initially occurred. The officials now confess that the water was still toxic when they had declared it safe for drinking, saying that their erroneous nihil obstat for the water was due to “an honest mistake.”
            Well, well, well, “an honest mistake.” When they say this, do they think that it makes it OK? “Sorry, folks. We made a little goof about your drinking water. Hope it’s no biggie.” Is that what they are saying? From this LA Times story, it doesn’t seem like anybody is particularly contrite. It doesn’t seem like anybody’s job is on the line for his or her “honest mistake.”
            I guess I’ll side with Senator Jay Rockefeller, who admits that after working with the coal companies for decades, he doesn’t trust them in the slightest. Officials in West Virginia say the water is safe, but Rockefeller says that he’s not drinking it.

Sunday, February 9, 2014

Congresswoman Capito To Hold Hearings On the Elk River Toxic Spill


This is something to keep an eye on. Congresswoman Shelley Moore Capito, who represents West Virginia’s Second District—which includes Charleston and much of the area affected by last month’s toxic spillwill be holding hearings tomorrow morning on the spill.
            Witnesses include Gary Southern, the president of Freedom Industries, the company responsible for the spill that poisoned water for 300,000 West Virginia residents, as well as representatives from Homeland Security, West Virginia’s Department of Environmental Protection, and other officials.
            No one representing the people affected by the chemical spill is scheduled to speak at this hearing, nor will there be any attendees who represent environmental groups.

UPDATE 2/10/14: I don't see this in any of the press from this hearing, but this is good news from the West Virginia Highlands Conservancy. Bowing to pressure from activists and citizens, public comments were added o this hearings agenda, and the testimony of Dr. Rahul Gupta, Director of the Kanawha-Charleston Health Department and a critic of the official handling of this disaster, was entered into the Congressional Record. A very small victory, but a victory nonetheless!

Saturday, February 8, 2014

I Wouldn't Drink That Water and Other Frank Words From Senator Rockefeller


Some honest words from retiring Senator Rockefeller


Part of me is thinking that this is a day late and a dollar short, but at the same time it’s one of the most amazingly honest assessments to come out of a political leader from West Virginia. As Joe Manchin does his best to deflect and distract from Rachel Maddow’s questions about the poor state of affairs in West Virginia, the Mountain State’s other senator, Jay Rockefeller, who is retiring from the Senate after 20 years in office, has been saying some very honest things about the state of affairs in West Virginia.
            I blogged about Rockefeller yesterday and the honest words he had to say during a hearing of the Senate Environment and Public Works Committee’s water subcommittee. Well, West Virginia’s senior senator is continuing his frank talk about the state in which he made his political career since the early seventies. The water that was poisoned for 300,000 residents a month ago has been declared safe by the West Virginia Department of Environmental Protection and the Centers For Disease Control and Prevention, but Rockefeller is having none of it. The former governor of West Virginia, citing the state’s history of “lack of regulatory control” said, “And even if some expert group told me it was safe I don’t think I’d believe it. They can say it’s not hazardous or this or that, but it doesn’t mean anything.” Rockefeller made his statement to WCHS, an ABC affiliated television station that broadcasts to Charleston and Huntington, West Virginia. Rockefeller continued his remarks:

 It just gets into the degree of control that corporations have over people. They dominate in West Virginia’s life. Governors get elected—and I was a governor once—and they appoint people to regulatory jobs who helped them in campaigns. What does that tell you?

Indeed, Senator Rockefeller, what does that tell you? I applaud and very much appreciate your present honesty. We need more of it, what you said yesterday and today. This broadcast should be played and replayed throughout West Virginia—as well as the rest of the United States, for corporate control of the way we think goes beyond the borders of the Mountain State—until the folks whose tap water was poisoned by Freedom Industries wake up to the fact that untainted drinking water is not optional and should never be at risk from an unregulated storage tank; until the folks whose wells have dried up or otherwise been fouled by mountaintop mining realize that precious resources have been unfairly stripped from their lives; and until all those whose lives have been unduly plagued by cancers, kidney stones, learning disabilities, and other diseases see that their health and their lives have been sacrificed for the profits of outside corporations.
            And yet my applause is muted. I know you mean well, Senator Rockefeller. But I do not think that the chemical spill in the Elk River last month was your personal wake up call, your moment of clarity on a Road to Damascus. You’ve known the score in West Virginia for decades. You knew how King Coal controlled the state when you were governor in the seventies. Back then you played along. Perhaps it can be said that the grip of the coal industry is so tight on the politics and the mindset of West Virginia that no politician who does not toe the line for King Coal will make it into office. So perhaps politically you were caught between an anthracite rock and a bituminous hard place. If you didn’t play along with the powerful people who own the mines and the minerals under the land of West Virginia, you would have never sat in the governor’s office and never become a senator to my home state.
            You played along. But wasn’t there somehow—as the mines grew larger and larger, as more and more miners lost their jobs to the huge draglines, as the valleys filled with debris from the mountaintop removal operations, as hundreds of miles of West Virginia’s streams were buried forever—that you could have said, “Enough” to the mining companies. Wasn’t there a time to tell them that they had scored their hundreds of millions of dollars and that it was time to treat the land and people of your state with the respect due them?



Friday, February 7, 2014

Do We Trust the Water? And Frank Words From Senator Jay Rockefeller


It seems that there is more confusion than anything else when it comes to the toxic spills in Appalachia. A month after the Freedom Industries spilled a large amount of 4-methylcyclohexane methanol, a chemical that is used to “clean” coal before shipping, into the Elk River in Charleston, West Virginia, poisoning the drinking water for 300,000 residents, the word from the Center For Disease Control was that the water is now safe to drink. Yet some schools are still closed. Two schools were closed Wednesday and Thursday due to the persistence of a licorice smell coming from the schools’ water supply. One student went to the hospital after complaining of burning eyes, and a teacher was taken to the hospital after the teacher fainted.
            It’s kind of the same story in North Carolina. An international group of water advocates testing the water of the Dan River, which received between 50,000 and 82,000 tons of coal ash residue from a retired Duke Energy power plant, said the river showed, “extremely high levels of arsenic, chromium, iron, lead and other toxic metals typically found in coal ash,” while Duke Energy claims that tests by the company and North Carolina officials indicated no adverse effect on the water supply from the river.
            I guest I know whom I would trust in this case.
            I don’t quite know what to think of this story from Politico about Jay Rockefeller, who served as West Virginia’s governor from 1977 through 1985 and has served as the Mountain State’s senator for the past 20 years (now retiring).

Frank words from Senator Rockefeller: Now that he's retiring, can he voice what he really thinks? photo AP


At a hearing of the Senate Environment and Public Works Committee’s water subcommittee Rockefeller had some unexpectedly frank words concerning the spill in the Elk River and Appalachia in general. He lamented the characteristic fatalism that runs through the deepest parts of the Appalachian Mountains that perversely has people delighting in the hardships foisted on them by outside business interests. And he paired this fatalism with what he called an “Appalachian myth,” which is “the idea that somehow God has it in his plan to make sure that industry is going to make life safe for them.”
            These words seem contradictory fatalism paired with a sense of blessedness, that the Good Lord somehow considered the folks of Appalachia special and His providence will work things out for these hardworking yet unlucky people. Having spent his entire adult life representing West Virginia, Rockefeller will tell you that these seemingly contradictory traits are two sides of the same twisted psychological coin that he rightly identifies with the remnants of the Scotch-Irish who had been the original white settlers throughout West Virginia.”
            Rockefeller again hits the nail on the head when he goes on to say that this mythology, that “somehow God has it in his plan to make sure that industry is going to make life safe for them,” is not true. He goes on to say:

Industry does everything they can and gets away with it almost all the time, whether it’s the coal industry, not the subject of this hearing, or water or whatever. They will cut corners, and they will get away with it. The world is as it is; we accept the world as it is. And the point is you don’t accept the world as it is, but as it should be, and you make it in that posture. I’m just—I’m here angry, upset, shocked, embarrassed that this would happen to 300,000 absolutely wonderful people, who, you know, work in coal mines and that stuff, but they’re depending on the fruit of the land, wherever it may be, for survival. They’re making it, but barely.

The fatalism of West Virginia, and indeed much of Appalachia, spread through the hillsides and hollers of that region long before Jay Rockefeller entered that state as a Vista volunteer in the 1960s. As senator, as governor, he has been powerless to change that. And yet, it is still disheartening to hear Rockefeller confess that his many years representing my home state have not been years of good stewardship and he was unable to ameliorate the lives of his constituents despite their fatalistic view of their world.

Wednesday, February 5, 2014

Would You Drink the Water In Danville?


So try to swallow this. This is a photo of someone who grabbed a piece of driftwood in the Dan River, where between 50,000 to 82,000 tons of coal ash were spilled from a retired Duke Energy power plant two days ago.



This image is from 20 miles downstream of the spill and just a stone’s throw upstream of the drinking water intake in Danville, Virginia. Keep in mind that the ash contains arsenic, lead, mercury, and selenium, all of which are very toxic. Would you drink the water in Danville?
            The image is from Appalachian Water Watch. The person whose hand is covered in gray goop is Amy Adams, North Carolina Campaign Coordinator for Appalachian Voices.

Tuesday, February 4, 2014

West Virginia: Where the Water and Politics Are Both Hard to Swallow


In the big playpen for King Coal that is known as West Virginia the old pattern of political and governmental support for the coal industry continues, all the while residents and those concerned about the environment are disfranchised.
            This just in: Two weeks ago, West Virginia governor Earl Ray Tomblin unveiled proposed legislation in response to the chemical spill in the Elk River that had occurred earlier in  January. The day before, the governor had a meeting “with the stakeholders” according to an email from Jason Pizatella, governor Tomblin’s Deputy Chief of Staff.
            The only problem is that the meeting of “stakeholders” included business lawyers and industry lobbyists, and no one from the environmental community had been invited for their input to the proposed legislations.
            Don’t you think that is an oversight?
            Donald S. Garvin, the chief lobbyist for the West Virginia Environmental Council, said that his organization had not been included in the meeting concerning the proposed legislation. “Neither I nor anyone else I know of in the environmental community knew about that meeting,” he told Ken Ward of the Charleston Gazette yesterday. Needless to say, the bill, which was later passed by the West Virginia Senate, now lists a number of different types of chemical storage tanks that would be exempt of environmental oversight.
            Considering the hand-in-glove relationship West Virginia's political leaders have with the coal companies, this shutout toward the environmental community is unsurprising. It is wholeheartedly wrong and almost virtually guarantees that the 4-methylcyclohexane methanol flowing into the Elk River will not remain the last such unfortunate disaster. If this bill passes, the safety of West Virginian’s water will remain tenuous and at the mercy of King Coal.
            Ken Ward has many more details of this story here.
Schools are still flushing their pipes almost a month after the spill in the Elk River and a lot of southern West Virginia and residents are still using bottled water.

Monday, February 3, 2014

Another Toxic Spill in Appalachia


There has been another coal related spill in Appalachia. This time it is coal ash, the toxic residue that is left over from the burning of coal. Coal ash contains arsenic, lead, mercury, and selenium. Today 50,000 to 82,000 tons of coal ash and up to 27 million gallons of water flowed into the Dan River near Eden, North Carolina.
The water and ash were released from ponds at a retired Duke Energy power plant through a 48-inch pipe that drained a 27-acre coal ash holding pond. Coal ash has washed up on the banks of the river and the river is now tinted gray. Water districts downstream have been notified, but no reports of water problems have cropped up yet.
Will this be another ho hum disaster? Tens of thousands of tons of toxic ash drains into a river. I think that’s a big deal.

Saturday, February 1, 2014

Who's to Blame For the Chemical Spill in West Virginia?


A lot—but not enough, really—has been written about the chemical spill in West Virginia’s Elk River. More than three weeks after the area around the spill started smelling like a licorice factory and residents started showing up at local emergency rooms complaining of ailments such as nausea, health officials in West Virginia are still urging folks not to drink the water.
            Dr. Rahul Gupta, the director of the Kanawha-Charleston Health Department, which is ground zero for the disaster, has said that ultimately scientists don’t know the possible health effects of exposure to the 4-methylcyclohexane methanol, the chemical that was spilled into the Elk River on January 9th. He says that officials have only confused folks by declaring the water safe, then changing their minds over the matter. Scientists have also criticized the declaration made by state and federal officials that the water was safe to drink, citing the lack of testing of the chemical’s health effects on humans. They go on to say that the safety standard on 1 part per million set by the Center For Disease Control is based on faulty or incomplete data.
            The questions troublingly linger. How could such a disaster happen? How does a tank filled with a substance that is known to kill laboratory animals and whose health effects on humans is unknown, wind up stored along the banks of a river that has a water processing plant just a stone’s throw from the tanks that hold that chemical? How is it that the people of the Kanawha Valley and surrounding area are not surrounding the state capitol building, which is not very far away from the spill, and demanding immediate action to ensure the safety of their water?
            Soon after the spill Washington Post columnist Eugene Robinson in his column Too Much Silence Over West Virginia Chemical Spill took note that officials in West Virginia were taking a, “OK, it’s time to move along, folks,” attitude, noting that Senator Joe Manchin had told CNN that he was “not going to cast guilt on anybody.” The chemical has not been properly tested for human safety; the tank that held the MCHM had not been inspected since the early nineties; a water processing plant that provides water to 300,000 people is downstream from this leaking facility; and there isn’t some sort of responsibility to be had by anybody for this disaster, Senator Manchin? And West Virginia Representative Shelley Moore Capito still claims that the EPA is “overreaching.” Is ensuring that folks have safe water to drink overreaching, Ms. Capito?
            Over at Salon, Trish Kahle, in an essay titled How West Virginia Became the Dumping Ground for the Nation’s Energy Policy writes about the invisibility of the Mountain State. Except for a few caricatures of thick-accented inbred hillbillies, we West Virginians are pretty invisible to most other folks in the U.S. As a native West Virginian who now lives in southern California, I can attest to the truth of what Kahle says. On occasion, when I’ve mentioned to someone that I’m from West Virginia, folks have confessed to me that they have never heard of the state. Commonly, people hear “Virginia” and assume that “West” is a modifier like the southern in southern California or the upstate of upstate New York.
            Kahle observes that coal, which used to be stockpiled in people’s cellars to heat their homes through the winters, is no longer seen by most Americans, although 37 percent of their electricity comes from this fossil fuel. As their heat and lights are brought on with a flick of a switch and they no longer shovel coal into furnaces, they no longer think of the miners who pulled the coal out of the ground or the trains and trucks that shipped the coal to their homes. Out of sight, out of mind.
            Kahle gives a great deal of background to West Virginia turning into the land of industrial waste and national forgetfulness and takes a rather cogent view of the concerted effort of business to systematically beat down the populace into corporate compliance and the failure of state politicians to protect their constituents. She says:

And, as with the Elk Creek disaster, the state almost always failed to step in to protect residents from the destructive policies of the companies.  After the Buffalo Creek disaster, for example, the state demanded $100,000,000 for disaster relief and damages, but settled for only $1,000,000 – a settlement that reflected the power of the companies in shaping state politics and suggested that the state was less interested in winning justice for its citizens than it was in maintaining a relationship with the coal industry.
The attacks perpetrated by the companies went far beyond disasters like Buffalo Creek, extending into public policy, workplace safety, and into people’s communities.  In an effort to cut costs, the companies expanded the use of strip mining after WWII.  They invested in uranium mines. They fought every environmental and safety regulation put forward by lawmakers under pressure from organized miners.  The energy companies were determined to emerge victorious in the midst of an energy crisis they had helped to manufacture.
To do so, they attacked the people of West Virginia on every front.  They harassed and assaulted residents who tried to block strip mine operations.  They attacked workers who unionized, and then fought against a union leadership that claimed, “if coal cannot be mined safely and burned cleanly, it should not be mined or burned at all.”  The coal industry even went so far as to say that in lieu of sustainable energy alternatives being developed, government resources should detonate nuclear weapons underground to increase natural gas reserves. (When they tried that, they acted shocked that the resulting gas was radioactive … and therefore unusable.)

The most damning and visceral criticism of the disaster comes from Eric Waggoner, an English professor at West Virginia Wesleyan College and a West Virginia native. His blog post on the chemical spill on his blog Cultural Slagheap, which went viral and was picked up by the Huffington Post, damns the usual suspects, King Coal and its political enablers. But he winds up his rant with a very pointed finger directed at our fellow West Virginians. He says:

To hell with all of my fellow West Virginians who bought so deeply into the idea of avoidable personal risk and constant sacrifice as an honorable condition under which to live, that they turned that condition into a culture of perverted, twisted pride and self-righteousness, to be celebrated and defended against outsiders.  To hell with that insular, xenophobic pathology.  To hell with everyone whose only take-away from every story about every explosion, every leak, every mine collapse, is some vague and idiotic vanity in the continued endurance of West Virginians under adverse, sometimes killing circumstances.  To hell with everyone everywhere who ever mistook suffering for honor, and who ever taught that to their kids.  There’s nothing honorable about suffering.  Nothing.

I don’t have as much anger toward my fellow West Virginians as Waggoner feels. As someone who grew up in West Virginia, I remember seeing people take great pathological joy in hurting themselves. But I think that Kahle gets it right. West Virginians think like West Virginians because of decades of abuse. Abusive relationships do not end, however, because the abuser finds enlightenment. The abused has to take control of the situation.
Washington and the state house of West Virginia are not the places where hope and change are going to happen for West Virginia. If anything has any chance of changing, the people with the fouled water need to know that other people don’t take pride in being beaten down. The have to realize that you are not admirable for putting up with mountaintop removal and the ills that it brings. You are not special for enduring poverty so as a few others can enrich themselves by mining the coal that lies under your land and streams. Your suspicion and feelings of false superiority to outsiders should extend to the outsiders who own the mines and the mining companies.

Who is responsible, West Virginia?