Kim Adams: ADEM permit for Plant Barry closure a victory for facts over sensationalism
Last week, state regulators with the Alabama Department of Environmental Management (ADEM) finalized a permit allowing Alabama Power Company to move ahead with its plan to permanently close its coal ash site at Plant Barry near Mobile. That’s good news for a number of reasons, and state regulators should be applauded for looking past the sensationalism surrounding the proposed plan and focusing instead on the facts and science at hand. Although many independent experts concluded that the coal ash site at Plant Barry could be safely closed in place, a handful of activists nonetheless called on ADEM to require Alabama Power Company to excavate the material to some other, unnamed community. Doing so would have been foolhardy and dangerous, especially considering that the material would take three decades to relocate. Moreover, history has shown clearly that half a century of hurricanes and major storm events have never remotely threatened Plant Barry’s coal ash site, even without the robust site improvements that will now be made under the approved permit. There’s also the issue of where Plant Barry’s coal ash would be moved anyway. Groups like Mobile Baykeeper never bothered to suggest a new home. At least one community, the MOWA Band of Choctaw Indians, raised serious concern that Plant Barry’s coal ash could be transported through tribal land north of Mobile, disrupting traffic, schools, and community life for decades, not to mention the danger of thousands of trucks traveling local roads. In the end, attempts by Mobile Baykeeper and others to label the closure in place method as unsafe simply couldn’t compete with the facts. Other utilities have also elected to close large coal ash sites in place rather than move them, and, in fact, a majority of the volume of coal ash in the Southeast is being handled that way. That’s because the method was approved by both the Obama and Trump administrations and has been deemed safe by experts who understand that every coal ash site is different. By sticking to the facts, ADEM’s regulators made the right decision. The plan they considered was well-conceived and supported by independent experts in geology and hydrology. It was also supported by many local leaders who understood that closing the coal ash site in place was a more sensible option than disrupting the southwest Alabama community for decades with truckloads of coal ash competing with local traffic daily. It’s always worthy of applause when truth overcomes hype. Kudos to ADEM for tuning out the noise and making the right call. Kim Adams is the Executive Director of Jobkeeper Alliance. She is a native of Hurtsboro, Alabama. Adams is helping lead the fight to support American workers and combat efforts that threaten jobs.
Lies and coverups: Did Ethics Commission attorney lie?
The narrative that an Alabama environmental group, activists and some journalists sold in November sounded menacing: “Indictments had been brought against Donald Trump‘s Regional EPA appointee Trey Glenn and former business partner, Scott Phillips, a state environmental board member.” But the problem with this narrative, in their own words, is that these charges were an effort of the environmentalists at Alabama’s GASP themselves. GASP claimed in a November tweet, “Just so y’all know, Gasp made this possible. We were the ones whose presentation was shared by Glenn and Phillips. We paid for the exhibits in PACER so we could piece this story together. We did the leg work and the organizing. We need your support to keep doing it.” Once GASP “did and the leg work and organizing,” the indictments were spearheaded and pushed for by Ethics Commission lawyer Cynthia Propst Raulston. If Raulston’s maiden name sounds familiar, it’s because her sister, Stacie Propst, is the former the Executive Director of GASP. Stacie Propst and others took issue with the fact that a presentation she was to give before the Alabama Department of Environmental Management (ADEM) commission, which Phillips sat on, was given to Glenn before the meeting. The presentation, which had been formally submitted to the commission, was already subject to Alabama’s open records laws, but that didn’t stop Propst’s supporters from crying foul once it was brought to light Phillips shared it with Glenn (who then shared it with his clients). AL.Com’s John Archibald described Propst’s in a column decrying the fact it was shared saying, “So Propst walked headlong into a buzz saw. She was, according to videos and minutes of the meeting, greeted with tough questions about data, degrees of health danger and whether you’d have to have a condition that makes you eat dirt to be harmed…” Certainly, there’s more to the charges being brought than just GASP and their former executive director’s sister, right? Kyle Whitmire from AL.Com broke the news of the indictments with a statement provided by the ethics commission. Whitmire reported, that, “The Alabama Ethics Commission lead the investigation after being asked for help by the Jefferson County District Attorney’s office.” He supported that with the following statement from the commission. “The Alabama Ethics Commission is committed to working with Alabama’s District Attorneys, and all enforcement agencies, whenever needed and asked to do so, to ensure enforcement of Alabama’s Ethics laws on behalf of the citizens of Alabama; and these indictments are evidence of that,” Alabama Ethics Commission Director Tom Albritton said in a press release. “I want to recognize the hard work from the Jefferson County DA’s office which requested our assistance in this important matter; and from our office, Cynthia Raulston, the Commission’s General Counsel, as well as Special Agents Dustin Lansford, Byron Butler and Chief Special Agent Chris Clark for their hard work and dedication to the enforcement of our Ethics laws.” That would be great except, The former Jefferson County DA, Mike Anderton, under penalty of perjury, has filed a formal declaration with the Circuit Court of Jefferson County that directly contradicts Whitmire’s reporting and the referenced Ethics Commission press statement. In it he says that Raulston was behind the entire case and that his office “had no plans to present any related matter to the grand jury.” He goes on to say his entire role in the case was just to facilitate Raulston’s use of the Jefferson County grand jury again, at her repeated request. Read Anderton’s declaration, as filed, below: So at the end of the day either the statement and claims from Allbrighton are factually incorrect or the sworn statement from Anderton is. Fortunately, we have the answer to how this all started, the tweet from Gasp says it all. So what’s next for those involved? At the February 11 arraignment of Glenn and Scott, where the charges were changed and some dropped, the defense filed for dismissal of the case in part for “malicious prosecution.” The judge made it clear that he would hold a hearing on the motion and that Raulston should be prepared to deal with the facts. The facts seem to point very clearly to misconduct on the part of the Ethics Commission and toward malicious prosecution.
Terri Sewell, Randall Woodfin weigh-in on Birmingham indictments surrounding EPA clean-up site
A Jefferson County grand jury on Tuesday indicted the Southeast regional administrator of the Environmental Protection Agency (EPA) and a former Alabama Department of Environmental Management (ADEM) Commissioner for violating state ethics laws in his work to stop the listing of North Birmingham’s Superfund site on the EPA’s National Priorities List (NPL). The North Birmingham 35th Avenue Superfund Site consists of contaminated soil from industrial pollution. Alabama 7th District U.S. Rep. Terri Sewell believes the indictment is “a step in the right direction.” “This week’s indictment is a step in the right direction for residents of North Birmingham who were the victim of corruption and hazardous pollution,” Sewell said in a statement. “We still have work to do seeking justice for families whose homes and communities have been contaminated… North Birmingham should be reconsidered for the National Priority List. No family should have to live with a contaminated backyard, and no community should be left to clean up decades of industrial waste. We must continue fighting for a full cleanup of North Birmingham until our whole community is made safe.” In August, Sewell led a tour of the Superfund site along with Birmingham Mayor Randall Woodfin and other city, state and neighborhood leaders. The site consists of contaminated soil from industrial pollution. Sewell, Woodfin, and Sen. Doug Jones have called on the EPA to consider North Birmingham for the NPL. According to EPA Region 4 Superfund Division Director Franklin Hill , the study site of roughly 2,000 properties revealed that 390 sites have undergone the contamination removal process; 127 sites are in need of treatment. “The corruption and the appearance of corruption has destroyed the public’s confidence in this process, which has hijacked efforts to clean up the North Birmingham community,” Woodfin added. “The people of North Birmingham deserve a transparent process in order to restore their community and the resources needed to make them and their neighborhoods whole.” History of the site According to EPA guidelines, a site may be included on the NPL if it scores 28.50 or greater on the agency’s Hazard Ranking System. The North Birmingham 35th Avenue Superfund Site scored a 50. On July 19, 2018, a federal jury convicted a coal executive and an attorney who represented the coal company in a criminal conspiracy to prevent the North Birmingham 35th Avenue Superfund Site from advancing to the NPL. On November 13, it was reported that EPA Southeastern regional office administrator Trey Glenn and a former business partner, Scott Phillips, were charged with multiple ethics violations in Birmingham in keeping the site off of the NPL.
Finally, Alabama ranks #1 for something other than football
The Yellowhammer State has been selected as the nation’s top state for manufacturing in a new ranking. Global Trade, a publication focusing on international business, put Alabama in the top spot of a combination of factors — “like an existing industrial base, the availability of talent, investment incentives, and favorable tax and regulatory environments.” In addition, the publication credited the AdvantageSites program for the state’s success in the manufacturing industry. This program pre-certifies sites for development and is known for rapid permitting, which is coordinated by the Alabama Department of Environmental Management (ADEM) to accelerate projects. “Alabama has a strong heritage in manufacturing, which remains a key pillar in the state’s growing economy,” Governor Kay Ivey said. “Alabama workers have shown the world that they have the expertise to manufacture high-quality products that set industry standards, and this ranking is more confirmation of that fact.” “Alabama is open for business! We should all be proud of the strong workforce development initiatives that continue to help our state succeed,” Alabama 2nd District U.S. Rep. Martha Roby posted on Facebook after hearing the news. Open for business There are more than 270, 000 manufacturing workers in Alabama, representing over 13 percent of the state’s workforce. That’s the fifth highest concentration among the states, according to data from the National Association of Manufacturers. “Alabama’s manufacturing workers bring energy and passion to their jobs, and they’re always willing to learn new skills that will enhance productivity,” added Greg Canfield, secretary of the Alabama Department of Commerce. “These qualities set them apart from their counterparts in other states and allow them to manufacture a sweeping variety of top-flight products that are in demand all over the world.” Global Trade’s selection of Alabama as the top manufacturing state comes one month after Business Facilities, a publication focused on economic development, named Alabama the No. 1 state in a business-climate ranking. “The state has seen a continued influx of manufacturing investment — much of it from the international auto industry — and it’s not hard to understand why,” Global Trade writes. A 2017 Gallup poll found that Alabama has the highest percentage of highly involved and enthusiastic workers among U.S. states. These rankings come at a time when Alabama is moving to streamline and improve its overall workforce development program, with many of these functions centralized in the Alabama Department of Commerce. New initiatives include AlabamaWorks and Apprenticeship Alabama.
Colonial Pipeline Company to pay $3.3M to Alabama for damages
Both the Alabama Attorney General Steve Marshall and the Alabama Department of Environmental Management (ADEM), announced an agreement with the Colonial Pipeline Company on Thursday. The agreement resolves environmental claims made when the company’s gasoline pipeline ruptured in Shelby County, and three other areas in Alabama, in September and October 2016. During the September 9, 2016 disaster, Colonial’s gasoline pipeline leaked into a rural area of Shelby county, southeast of Helena. While a portion of the gasoline was recovered, reports indicate that the pipeline leaked approximately 250,000 gallons into the area. The leak was caused by pipe fatigue that resulted from improper compaction of soil below that portion of the pipeline. The October 31, 2016 pipeline explosion and fire killed one and injured six workers, and involved the release of over 180,000 gallons of gasoline near County Road 251 in Shelby County. Gov. Robert Bentley declared a month-long State of Emergency after the disaster. It was reported that the explosion was caused by an accidental strike to the pipeline by excavating equipment. The strike to the pipeline ignited gasoline, which resulted in releases into the environment. The three remaining releases totaled approximately 21 barrels of petroleum products, a portion of which was recovered. “This agreement first and foremost addresses the environmental damage to land and water caused by significant gasoline spills in Shelby County during 2016,” said Marshall. “I am pleased by the outstanding work of ADEM’s legal team who worked closely with our lawyers to achieve a settlement which I believe is fair, reasonable and benefits the people of Alabama.” The settlement includes several specifications for Colonial including: Colonial must complete the cleanup of petroleum products released into the soil and waters of the State, which will be overseen by ADEM $1.3 million civil penalty $1.8 million in projects to benefit the State of Alabama $200,000 to the Alabama Department of Conservation and Natural Resources as restitution for damages incurred by the closure of its Cahaba River Wildlife Management Area for nearly three months
Alabama Environmental Director to Donald Trump: Rein in Barack Obama’s EPA
Alabama’s top environmental official is urging President-Elect Donald Trump to rein in President Barack Obama‘s environment regulations. Lance LeFleur, Director of the Alabama Department of Environmental Management, co-signed a letter last week with environmental leaders from four states — Nebraska, North Carolina, North Dakota and West Virginia — urging Trump a to rein in the Environmental Protection Agency in order to “move America forward.” The letter requests the Trump transition team to consider four things: Return environmental leadership to the states. Place a moratorium on currently proposed and new federal regulations. Work with state governors and environmental directors to eliminate federal overreach. End secret policy-making by Washington insiders. On the campaign trail, Trump pledged to “dismantle” the EPA. “We’re going to have little tidbits left but we’re going to get most of it out,” he said at one point. “Environmental Protection, what they do is a disgrace,” he said at another. His statements have not gone unnoticed by the letter’s environmental leaders. “Statements you made during the campaign give us confidence that we can achieve your goals by working together, as these are goals that are also important to the citizens of our states.” Read the full letter to Trump below:
Ethics questions abound, who will investigate?
As Alabama legislators struggle over budgets for the state’s environmental agency, one lawmaker appears to have a tough time keeping his hands clean. Almost as questionable however are the actions of those who identified and knew the possible wrong doing and did nothing. It’s uncertain who, if anyone, will step up to investigate both issues but it’s clear someone needs to. Last week, Alabama Today reported on the fight over Alabama Department of Environmental Management’s (ADEM) budget between the agency and the Legislature. Shortly thereafter, ALToday received a copy of a letter purportedly written by ADEM Director Lance LeFleur and hand-delivered to Senator Arthur Orr in which he accuses Representative Steve Clouse of protecting the Underground Storage Tank Trust Fund (UST Trust Fund) for his own personal gain. In the letter he says, “It is clear the UST Fund ‘sacred cow’ is for the benefit of Clouse’s family business. This is outrageous.” The letter goes on to say, “Rep Clouse did not reach out to us before submitting the amended budget…” ALToday spoke to ADEM Director LeFleur about ADEM’s budget and recent fee increases as well as the authenticity of the letter. He said that he would “reserve comment on the letter” until he could see it, however he added that he wrote several letters. In the interview, LeFleur echoed all of the same sentiments about the “sacred cow” restrictions noted in the letter and when asked about specific points made in the letter went on to describe in detail the what was meant by them. He used the same language and in several instances verbatim word choice. This letter prompts five questions: Why didn’t LeFleur file a formal ethics complaint against Clouse? Why didn’t Senator Arthur Orr take LeFleur’s ethics questions to the ethics commission? Did Representative Clouse indeed propose language that would benefit his family business? Why didn’t LeFleur inform the Environmental Management Commission (EMC) in one of his regular memos or in his most recent report to them? What is the position EMC on the letter and Director LeFleur’s actions or inactions related to the ethical dilemmas it calls into question? You can read the letter here: LeFleur_Orr_Letter and a copy of Director LeFleur’s comments at the last EMC meeting (provided by the director via email) here. To read Rep. Steve Clouse’s response to this story please visit: Rep. Steve Clouse disputes Lance LeFleur allegations with facts
State environmental department at odds with Legislature on budget future
Amid the ongoing budget fiasco has strained almost every relationship in Montgomery, you can add another pair of fiscal foes to the list: the Alabama Department of Environmental Management (ADEM) and the state Legislature, particularly the House. The state governmental institutions are at odds over agency funding and the source and amount of fees collected by ADEM being transferred to the state’s general revenue fund to cover an expanding budget shortfall. As funding from the state general fund has bottomed out to zero in recent years – or even negative levels, like it’s expected to next year – at the request of Lance R. LeFleur the Director of ADEM, it has begun to implement a program that would cut their reliance on the state and be completely reliant upon funding from permitting fees granted to agricultural firms and other industry players who must pass muster with ADEM in order to do business with the state. In other words, the regulators are relying on the regulated for their existence. While ADEM also receives funding from federal EPA grants and fees levied on Alabamians for certain purchases to mitigate environmental damage, permits held by industrial interests provide by far the bulk of the agency’s budget. The Alabama Environmental Management Commission (EMC) must approve fee increases prior to them changing. Alabama Environmental Management Commissioner Terry Richardson sees an inherent conflict there. “We’re being asked to shift the burden of the people to the permit holders, again,” Richardson said earlier this month. “I see an agency whose primary function is to manage the environment for the people of this state, more and more, being funded by the people we’re managing or protecting this environment from. “I don’t see that as a good situation to get into. It almost seems that it makes us more beholden to these industries and these permit holders,” Richardson continued. While the Legislature by and large does not see that state of affairs as compromising the agency, ADEM faces a threat in the wake of the cuts nonetheless. The agency will almost certainly seek permission to raise even more revenue from permit holders when the EMC meets in December, a move that will likely prove unpopular aside from the fact that it may exacerbate ADEM’s dependency on private sector sources. ADEM permitting fees were raised by 19 percent in 2011, just raised by 50 percent back in 2013. Some fear that may damage their already-weakened leverage when it comes to dealing with polluters, easement holders and other actors the state agency regulates. The state’s current budget for FY 2016 – banged out over two contentious Special Sessions in Montgomery which saw Gov. Robert Bentley veto an early version of the plan, and lawmakers nearly overriding the veto right back – contains just $280,000 in appropriations for ADEM. Adding insult to injury, says agency administrators, is a requirement the department pay back into the state’s general fund some $1.2 million the department collected for scrap tire and solid waste disposal. The situation is stoking fears in Montgomery that the EPA will revoke Alabama’s state water permitting authority, a move Director LeFleur says would be catastrophic. “EPA taking over the program would have a devastating impact on both attracting new industry and retaining existing industry,” LeFleur said. LeFleur and Richardson have yet to indicate publicly that such move – called for by environmental activists in years past, who see the state incapable of managing its own land and water – is imminent anytime soon, it is raising what Alabama Environmental Management Vice-Commissioner W. Scott Phillips called “hard questions” about the viability of the agency going forward. Testimony by Terry Richardson earlier this month at a department meeting summed up the budgetary situation best. “Are we a critical state agency? Or aren’t we?” Richardson intoned twice during ADEM’s most recent confab. “It doesn’t seem like our colleagues in the Legislature believe that we are.”
