Titan Cement: The Conversation Continues

Before I begin this diary, I want to ask a question in all seriousness: why is this diary even necessary? Is adding 161 jobs, probably half of which will be filled by technicians moving here from another state, worth the destruction of 1,000 acres of precious wetlands, adding a carbon footprint so big you could count the toes from space, and scattering methyl mercury around like a kid adding sugar to his cornflakes? Of course it isn't worth it. But we're not talking about common sense here, are we? We're talking about politics, and the irrational behavior of those who engage in it.

Some of you may be aware that Senator Julia Boseman sponsored SB699, a bill to:

impose a moratorium on the consideration of Permit applications and issuance of permits for the construction and operation of cement plants in the state until September 1, 2010, and to direct the environmental review commission to study issues related to the environmental impacts of cement plants and the siting, design, and operational requirements governing cement plants in order to protect public health and the environment.

This bill spent two months in Committee already, was finally sent to the floor to be voted on, and was promptly sent back to another Committee. Now, you folks know that I love a good conspiracy theory, so when I read this over at StopTitan, I knew I had to share it with you:

Last week, after Julia Boseman’s moratorium bill (SB-699) was denied a vote on the Senate Floor, Titan released a public statement thanking “Governor Perdue and her office, along with North Carolina Department of Commerce for lending their support” in efforts to defeat SB-699.

Titan now has nine lobbyists in Raleigh. The top lobbyist is John Merritt, who was former Governor Mike Easley’s Chief of Staff (2002-2003). Mr. Merritt, along with four other Titan lobbyists, works for a massive Richmond-based law firm called McGuireWoods. It turns out, Mr. Merritt was lobbying for Titan when Gov. Easley approved a $300,000 grant to bring the company to NC. Recently McGuireWoods made another new hire: a former governor named Mike Easley. And now, as reported in the New York Times, Easley is being investigated by a Federal Grand Jury for allegedly taking private flights and other incentives from businesses while he was governor.

But where does the Department of Commerce come in? (this is interesting…)

SB-699 was up for a vote in the Ag Committee last Tuesday, May 12th, where it was expected to be approved and sent to the Senate floor. Hours before the Ag Hearing began, however, Deputy Secretary of Commerce Dale Carroll began calling key Senators on the Committee telling them the Commerce Department had issues with SB-699—according to one Senator who got the call. The warning from a high-level commerce official was enough to turn a few votes (apparently Commerce trumps Senate) and SB-699 was withdrawn from the hearing without a vote.

So we called the Commerce Department and asked why they were weighing in on this bill. Their spokesman said Mr. Carroll did indeed call Senators on the Ag Committee hours before the vote, but he was not weighing in on SB-699, nooooo….he was just calling to re-iterate the Commerce Departments support for Titan’s project—minutes before the vote. How coincidental. But the Senators weren’t about to vote on whether to approve Titan, they were just voting on a bill that would make Titan wait on all permits until the Federal Environmental Impact Statement was complete.

So, Mike Easley gives Titan Cement a $300,000 grant to bring them here, then their lobbying group turns around and hires Mike Easley. Wonderful.

Okay, I need to step away from corporate manipulation of corrupt public officials for a moment before I lose my dinner. As I mentioned in another diary, there's a new EPA in town. In addition to the state-level environmental impact studies that need to be done before permits are issued to Titan, the EPA has some proposals for sweeping changes (huge pdf) in the regulation of portland-style cement plants, like the one Titan's planning to build. I'm going to try to get some smarter people to look at this, but one thing that jumped out at me was (what appears to be) a new requirement that calls for CEMS (Continuous Emission Monitors) for Mercury. The current plan for Titan only calls for periodic monitoring.

So, for the General Assembly members reading this: Senator Boseman's moratorium needs to be passed. There are State-mandated and citizen-demanded environmental impact studies that need to be done, and new Federal regulations that will probably go into effect before the moratorium expires. To ignore these things and allow this project to go forward at this time would be a mistake, and one you won't be able to hide from.

But don't just take my word for it, listen to the Southern Environmental Law Center:

“State law demands that the Division of Air Quality evaluate all of the impacts of Titan’s proposed cement plant and quarry,” said Geoff Gisler, staff attorney, Southern Environmental Law Center. “DAQ must not shirk its responsibility to protect public health by rushing through a draft air permit based on an incomplete analysis.”

In a letter sent to the DAQ today, the two organizations urged the withholding of any draft air permit until a thorough review could be conducted in keeping with legal requirements. DAQ’s review should take advantage of information gathered in an upcoming evaluation of the environmental impacts by a U.S. Army Corps of Engineers stakeholder group. Working with the Corps, a team of state and federal agencies, local community groups, and environmental organizations will conduct an extensive environmental analysis of the project and its impacts on the surrounding area.

“A project of this magnitude deserves careful and thorough study and public input, especially considering the potential impacts on human health and water resources,” said Michelle Nowlin, supervising attorney at the Duke Environmental Law and Policy Clinic. “The U.S. Environmental Protection Agency will publish new regulations governing some of the toxic air emissions from cement kilns in the spring. We should be careful about a rush to permit before the new EPA information is available.”

The proposed site for the Titan cement plant is located on the Northeast Cape Fear River--a river that the state has already listed as impaired due to mercury contamination--near Wilmington. According to the Centers for Disease Control and Prevention, eight percent of American women of childbearing age have mercury in their bodies at levels high enough to put their babies at risk of birth defects, loss of IQ, learning disabilities and developmental problems. Toxic mercury accumulates in people and wildlife that breathe contaminated air and eat contaminated fish.

Speaking of those contaminated fish, here's a list of the ones you don't want to eat:

Avoid Fish HIGH in mercury:

Ocean fish:

Albacore (white) tuna** fresh or canned
Almaco jack
Banded rudderfish
Cobia
Crevalle jack
Greater amberjack
South Atlantic grouper (gag, scamp, red and snowy)
King Mackerel
Ladyfish
Little tunny
Marlin
Orange roughy
Shark
Spanish mackerel
Swordfish
Tilefish
Tuna, fresh or frozen**

Freshwater fish:

Blackfish (bowfin)*
Black crappie***
Catfish (caught wild)*
Jack fish (chain pickerel)*
Largemouth bass (statewide)
Walleye from Lake Fontana and Lake Santeetlah (Graham and Swain counties)
Warmouth*
Yellow Perch*

*High mercury levels have been found in blackfish (bowfin), catfish, jack fish (chain pickerel), warmouth, and yellow perch caught south and east of Interstate 85.

**Different species from canned light tuna

***High mercury levels have been found in black crappie caught south and east of Interstate 95.