May 2, 2014 Heather Mcteer Toney Regional Administrator for EPA
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May 2, 2014 1.866.522.SACE www.cleanenergy.org P.O. Box 1842 Heather McTeer Toney Knoxville, TN 37901 Regional Administrator for EPA Region 4 865.637.6055 Environmental Protection Agency 34 Wall Street, Suite 607 Asheville, NC 28801 Atlanta Federal Center 828.254.6776 61 Forsyth Street, SW 250 Arizona Avenue, NE Atlanta, GA 30303-3104 Atlanta, GA 30307 404.373.5832 11 W. Park Avenue Dear Administrator McTeer Toney, Savannah, GA 31401 912.201.0354 On behalf of our organizations and other advocates working to protect Southeastern waters P.O. Box 1833 Pittsboro, NC 27312 and residents from toxic coal ash, we thank you and your staff for taking time to meet and 919.360.2492 listen to our concerns on April 23, 2014. We very much appreciate the opportunity to discuss P.O. Box 50451 Jacksonville, FL 32240 some of the critical issues and problems surrounding coal ash waste disposal in the Southeast 904.469.7126 and hope that you will be an ally in protecting environmental and human health from this P.O. Box 13673 waste stream. Charleston, SC 29422 843.225.2371 We strongly encourage you and your team in Region 4 to become the national leaders in protecting our communities and waterways under current and pending regulations. This is an opportunity for you to create a lasting legacy, since our Southeastern coal ash sites seem especially vulnerable to disasters. There is no need for any other state to go through the crisis currently facing North Carolina but, without proper intervention, it could only be a matter of time until the next Kingston or Dan River disaster. Per our discussion, specifically, we request that EPA Region 4: 1. Become a champion for the Southeast in advocating for a strong, comprehensive federal regulatory framework to adequately regulate coal ash as toxic waste. 2. Advocate for full removal of coal ash from unlined impoundments to safe, dry, lined facilities sited away from waterways, with ground and surface water monitoring as the best, most achievable solution for remediation of existing coal ash dump sites. 3. Ensure that EPA enforcement of federal laws regulating coal ash compliments ongoing enforcement of state law and does not interfere with or supersede enforcement of any more stringent requirements at the state level. 4. Take all steps necessary to prevent environmental justice problems in other communities as existing coal ash lagoons are closed and remediated. 5. Establish a dedicated task force to address coal ash issues across the region. The task force could be internal to EPA or include stakeholders and advocates and should be geared toward definitive action. 6. Work with state environmental regulatory agencies, community and environmental advocacy groups, perhaps through creation of a regional task force, to proactively address coal ash across the region, rather than reacting to coal ash emergencies as we’ve seen in Tennessee and North Carolina by: Issuing a memo directing state agencies to renew and issue coal-fired steam o plant NPDES permits with appropriate monitoring requirements (including groundwater monitoring) and limitations for pollutants of concern, including heavy metals, toxins, and radionuclides (keeping in mind additional loading o from new scrubbers), and follow protocols set forth in EPA’s own Hanlon memo. o Objecting to state-issued NPDES permits that do not follow the Hanlon Memo or establish limits and monitoring requirements consistent with those established by EPA Region 1 in the Merrimack Station Permit (http://www.epa.gov/region1/npdes/merrimackstation/pdfs/MerrimackStationDraftPer mit.pdf). o Including in EPA’s civil enforcement actions in North Carolina those citizens groups that have filed litigation or been allowed to intervene in ongoing litigation against Duke Energy seeking to cease coal ash pollution. These groups should be treated as a partner to the civil enforcement efforts in North Carolina, every bit as much as NC DENR. o Requiring additional monitoring and data collection to establish a baseline understanding of coal ash sites where EPA does not have access to critical data about water quality and structural integrity (e.g. ground and surface water monitoring, detailed inspection reports). o Lending your support to lawsuits and 60-Day Notices of Violations brought against utilities whose coal ash impoundments violate the Clean Water Act. o Coordinating with regional Waterkeepers and other organizations to visit coal ash impoundments with strong indication of surface water, groundwater and/or air pollution. We would appreciate written response to these requests and would also like to request a conference call with you and the appropriate EPA staff within 3 months. We look forward to having an open dialogue on the commitment of EPA Region 4 to address this issue and the ways that our group of advocates can continue to effectively engage with your office to advance regulation of coal ash. Again, thank you for your time, and please let us know if there is any information or assistance that we can offer. Sincerely, Ulla Reeves, High Risk Energy Program Director, Southern Alliance for Clean Energy Joan Walker, High Risk Energy Coordinator, Southern Alliance for Clean Energy Julie Mayfield, Co-Director, Western North Carolina Alliance Lane Boldman, Energy and & Health Coordinator, Kentucky Environmental Foundation Amy Adams, North Carolina Campaign Coordinator, Appalachian Voices Jenny Edwards, Rockingham County Program Manager, Dan River Basin Association Barry Sulkin, Coal Ash Expert, Environmental Science Consultant to NGOs Charles Robbins, Cape Fear River Adventures in New Hanover County, North Carolina impacted by L.V. Sutton Power Station coal ash pollution Esther Calhoun, Black Belt Citizens Fighting for Health and Justice Sarah McCoin, Resident of Swan Pond, Tennessee impacted by Kingston coal ash disaster Frank Holleman, Senior Attorney, Southern Environmental Law Center Yolanda Whyte, MD, Physicians for Social Responsibility and National Medical Association Emily Feinberg, Eastern Regional Coordinator, Waterkeeper Alliance Nelson Brooke, Riverkeeper, Black Warrior Riverkeeper Sam Perkins, Catawba Riverkeeper, Catawba Riverkeeper Foundation Juliet Cohen, General Counsel, Chattahoochee Riverkeeper Sara Behnke, Board member, We Love Mountain Island Lake Kathy Little, W. Louisville, KY, Community Member impacted by Cane Run Coal Ash Landfill Seth Gunning, Beyond Coal Campaign Organizer, Sierra Club Kelly Martin, NC Campaign Representative, Beyond Coal Campaign, Sierra Club Heather Ward, Executive Director, Waterkeepers Carolina Kemp Burdette, Cape Fear Riverkeeper, Cape Fear Riverwatch Adam Johnston, Alliance Coordinator, Alabama Rivers Alliance Mitch Reid, Program Director, Alabama Rivers Alliance Stephanie Schweickert, Affiliate Organizer, NC Conservation Network Matthew Starr, Upper Neuse Riverkeeper, Neuse Riverkeeper Foundation Stephanie Stuckey Benfield, Executive Director, GreenLaw .