State Coal Plants Meet A New EPA Standard, Except For One

The EPA proposes a revision to its Mercury and Air Toxics Standards to lower emissions of nickel, arsenic and lead from coal-burning power plants.

The U.S. Environmental Protection Agency has proposed stricter standards on non-mercury metal pollution, and one West Virginia power plant may not meet the new requirements.

The EPA proposes a revision to its Mercury and Air Toxics Standards to lower emissions of nickel, arsenic and lead from coal-burning power plants.

According to the agency, most West Virginia power plants can meet the new standard. However, the Mon Power Harrison Power Station in Harrison County may have to be upgraded.

The updated rule is under interagency review, according to the EPA. When implemented, power plant operators will have three to four years to comply.

Hannah Catlett, a spokeswoman for Mon Power, said the company reviews all new and proposed rules for operational impacts.

“As proposed, we do not currently believe that this rule change will have a material impact to the operations of the Harrison Station,” she said.

The original Mercury and Air Toxics rule, issued in 2012, resulted in the retirement of numerous older coal-burning power plants in Appalachia.

Those included Appalachian Power’s Philip Sporn plant in Mason County, the Kanawha River plant in Kanawha County and the Kammer plant in Marshall County.

The EPA estimates the original rule led to a 90 percent reduction in mercury emissions from coal plants by 2021. 

The revised rule would reduce filterable particulate matter, including non-mercury metals, by 67 percent.

According to the agency, emissions of mercury and non-mercury metals can cause fatal heart attacks, cancer and developmental delays in children.

Bill That Would Strike Down ‘Rolling Coal’ Sparks Senate Committee Debate

A bill that would restrict “rolling coal” — a form of protest in which drivers release thick clouds of smog from there vehicles — advanced in the West Virginia Senate on Monday, but not without pushback from some lawmakers.

A controversial bill that would prohibit “rolling coal” on roadways advanced in the West Virginia Senate Transportation and Infrastructure Committee on Monday — but not without pushback from some lawmakers.

Rolling coal refers to modifying diesel fuel in a motor vehicle in order to pollute the air with thick, dark smog. For years, rolling coal on highways has served as a display of allegiance to the coal industry in spite of mounting environmentalist pushback.

Elsewhere in the United States, lawmakers have restricted the form of protest in light of environmental, health and safety concerns associated with emitting a pollutant into the air.

Now, West Virginia legislators are considering their own restrictions on the practice. The West Virginia Senate is actively reviewing Senate Bill 436, which would render the contentious form of protest a misdemeanor.

The bill reached the Senate Transportation and Infrastructure Committee on Monday, where discussions focused on the safety risk associated with reduced visibility on West Virginia roads.

Sponsored by Sen. Jack Woodrum, R-Summers, the bill penalizes deliberately selling, making or using diesel additives to produce “visible smoke emissions.” It would apply to all motorized vehicles on public roadways, but not on private land.

The bill passed through the committee Monday but drew pushback from senators who described it as a crackdown on pro-coal West Virginians, or an unnecessary piece of legislation to focus on.

Rolling coal refers to the deliberate emission of thick, black smog from a motor vehicle.
Credit: toa555/Adobe Stock

Sen. Robert Karnes, R-Randolph, was an outspoken critic of the bill during Monday’s meeting. Karnes alleged the pending law would suppress some West Virginians’ right to protest.

“People who are doing this rolling coal are simply expressing their support for West Virginia’s coal industry,” Karnes said. “This is an attack on people who support our coal industry.”

“We may not like that particular statement,” he continued. “But they have a right to express their political views.”

Others who voted to advance the bill said that, regardless of their own perceptions of the protests, the law would not mark a clear enough suppression of coal supporters’ rights to preclude it from further consideration.

“I don’t see this as an anti-coal bill,” said Sen. Glen Jeffries, R-Putnam.

Regardless, members of the committee agreed to scale back penalties for those who violate the law.

Under an earlier draft of the bill, repeat rolling coal offenders could face up to six months imprisonment. The committee deemed this excessive, and amended the bill so that violators would only incur fines up to $500.

With the committee’s approval, the amended bill will now return to the Senate where lawmakers will determine whether to send it to the House of Delegates.

W.Va. Ranks Poorly In National Lung Cancer Report

Lung cancer and smoking rates in the state lag behind the rest of the country and aren’t showing any signs of improvement, according to a new report.

The American Lung Association’s 2023 “State of Lung Cancer” report ranked West Virginia 47 out of 48 states included in the report for new lung cancer cases.

“Unfortunately, West Virginia ranked second highest in the nation for new lung cancer cases, and the worst in the nation for adults who currently smoke,” said Aimee Van Cleave, advocacy director for the American Lung Association in West Virginia. “So there’s so much more work that is needed to reduce the burden of lung cancer, particularly in West Virginia.”

According to the report, West Virginians aren’t surviving lung cancer, either.

Bob Herron, a thoracic surgeon and the director of lung cancer screening at WVU Medicine Wheeling Hospital in Wheeling, said while the numbers say the state is making slow, steady progress, there’s still a lot of work to do.

“We are at the bottom of the lists of a lot of the major categories such as the new lung cancer cases,” Herron said. “I believe we were 47 out of 51. And we also ranked 37 out of 42 in lung cancer survival at 22.4 percent.”

The national survival rate is 26 percent. While rates of smoking in West Virginia are alarming, Van Cleave said there are other contributing factors to West Virginia’s rates of lung cancer.

“The bottom line is, if you have lungs, you can get lung cancer,” Van Cleave said. “So while smoking is the leading risk factor for lung cancer, there are so many other things that contribute to that as well, including environmental air quality, including exposure to radon and even your genetics.”

Radon is a naturally occurring, colorless, odorless and tasteless gas. Van Cleave said homeowners should keep Radon detectors up to date to avoid exposure. West Virginia ranked 31 out of 51 states and Puerto Rico surveyed in Radon exposure.

“If you’re breathing things in the air that your body is not meant to breathe, that has detrimental impacts on your body, which is why we spend so much time at the lung association looking at all of the different risk factors related to lung cancer,” Van Cleave said.

Van Cleave and Herron encouraged people who might be at high risk to take a survey at savedbythescan.org. It helps determine eligibility for a new kind of low-dose CT scan to check for lung cancer.

“I would implore people who fit that bill to ask their primary care physician about it and to get the ball rolling to get a low dose CT to evaluate for a lung nodule, or potential lung cancer that could be potentially, discovered in the earlier stages as opposed to the later stages, which, as everybody knows, an early stage cancer is so much more feasible and easier to cure than the latter stage,” Herron said.

According to Van Cleave, a long-term solution to the lung cancer and smoking problem could be brought about by legislative action from state lawmakers.

“That is why the lung association calls on state legislators to increase funding for tobacco control of cessation efforts, which have been dramatically underfunded year after year to the cost of countless lives,” Van Cleave said.

While West Virginia has shown improvement over the past five years in new cases, survival and early diagnosis, experts say there is still plenty of work to do.

Appalachia Health News is a project of West Virginia Public Broadcasting with support from Charleston Area Medical Center and Marshall Health.

New Cumberland Manufacturer To Pay Millions In Environmental Violations

A manufacturer in Hancock County will have to pay close to $2 million for environmental violations. 

A manufacturer in Hancock County will have to pay close to $2 million for environmental violations. 

Messer, LLC, an industrial gas manufacturing facility located in New Cumberland, West Virginia, will pay a $1.9 million civil penalty for violations of its Clean Water Act permit and the West Virginia Water Pollution Control Act.

According to court documents, Messer exceeded permit limits when it discharged pollutants into the Ohio River on at least 186 occasions since February 2016.

The company’s EPA permit imposed limits for the discharge of specific pollutants, including copper, aluminum, iron, residual chlorine and phenolics.

In addition to the civil penalty, Messer, LLC must take steps to prevent future violations including the construction of a new treatment system at its New Cumberland facility, implementation of a response plan in the instance of future violations, mandatory internal inspections, and quarterly reporting requirements to federal and state agencies. 

A consent decree was entered by the United States District Court on Sept. 11, 2023. Messer, LLC did not admit any liability to the United States or the State of West Virginia arising out of the transactions or occurrences alleged in the complaint.

Justice-Owned Bluestone Coke Sued Over Water Pollution In Alabama

The complaint alleges that Bluestone is in violation of the Clean Water Act by discharging pollutants into a stream that exceed levels allowed by its permit.

Environmental and community groups have sued a company owned by the family of Gov. Jim Justice in federal court in Birmingham, Alabama.

Black Warrior Riverkeeper and a local group called GASP filed the complaint against Bluestone Coke in the U.S. District Court for the Northern District of Alabama.

The complaint alleges that Bluestone is in violation of the Clean Water Act by discharging pollutants into a stream that exceed levels allowed by its permit.

It also alleges that Bluestone has been discharging pollutants not allowed by its permit such as barium, strontium, E.coli, semi-volatile organic compounds and volatile organic compounds.

It further alleges that the company deposited coal, coke, slag and sediment into a tributary of Five Mile Creek, an unpermitted fill into Waters of the United States.

The Bluestone Coke plant in North Birmingham is currently not in operation.

In December, Bluestone reached a consent decree with the Jefferson County, Alabama, Department of Health to pay a $925,000 penalty, the largest in the agency’s history.

In May, Black Warrior Riverkeeper reported that Bluestone had failed to pay $283,000 of the penalty and would owe an additional $1,000 for every day the payment was late.

Bluestone Coke is one of the numerous companies listed on Justice’s annual financial disclosure to the West Virginia Ethics Commission.

Justice, who is not named in the complaint, is a candidate for the U.S. Senate in 2024.

Justice faces other lawsuits, including one brought by the U.S. Justice Department over unpaid fines and penalties.

Storing CO2 And Carbon Credits On This West Virginia Morning

On this West Virginia Morning, concerns over CO2 build up in the atmosphere causing climate change have people asking where to store that CO2 so it doesn’t cause problems. But not everyone agrees with storing it back underground. Eric Douglas has the story.

On this West Virginia Morning, concerns over CO2 build up in the atmosphere causing climate change have people asking where to store that CO2 so it doesn’t cause problems. But not everyone agrees with storing it back underground. Eric Douglas has the story.

Also, in this show, forests can help fight climate change by storing planet-warming carbon. That’s the basic premise behind carbon credits – where companies can buy offsets for their pollution from organizations or landowners that maintain woodlands. The Allegheny Front’s Kara Holsopple reports on one program that started in Pennsylvania and sells carbon credits on behalf of smaller family forest owners.

West Virginia Morning is a production of West Virginia Public Broadcasting which is solely responsible for its content.

Support for our news bureaus comes from Concord University and Shepherd University.

Caroline MacGregor is our assistant news director and produced this episode.

Teresa Wills is our host.

Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning

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