20070812 Ver 2_Calls for EPA Criminal Investigation_20101210

Dorney, John
From: Massengale, Susan [[e-mail]]
Sent: Friday, December 10, 2010 2:06 PM
To: [e-mail]
Subject: NC Senator Stan Bingham Calls for EPA Criminal Investigation of Alcoa
Attachments: ATT00001..c
From the Stanly News and Press
NC Senator Stan Bineham Calls for EPA
Criminal Investigation of Alcoa
Report That Alcoa Has Knowingly Dumped Large
Quantities of Raw Hydraulic Oil and Grease Into the
Yadkin River Prompts Move to Investigate Clean Water
Act Violations
CNHI
Thursday, December 9, 2010 - DENTON, N.C. Senator Stan Bingham (R-Davidson County) has formally requested that the Environmental
Protection Agency (EPA) investigate Alcoa Power Generating, Inc., a subsidiary of Alcoa, Inc., for violations against the Clean Water Act
relating to that company"s pollution of the Yadkin River. A recent tip from an anonymous current employee alleges that for years Alcoa has
been knowingly releasing large quantities of raw hydraulic oil and mechanical grease through the dams at its hydroelectric turbines at the
Yadkin Hydroelectric Project, which incorporates four reservoirs on the Yadkin River.
Senator Bingham sent a letter to EPA Criminal Investigations in Atlanta on November 24th after a whistleblower spoke to investigative
reporter Keith Barber at the Triad publication Yes! Weekly. The source alleged that Alcoa"s antiquated hydroelectric equipment at the dams,
possibly including leaky turbine seals, was the likely cause of this long-standing and still ongoing release of environmental contaminants into
the River. When questioned about the claim, Alcoa refused to answer. (The story appeared in the publication"s Nov. 10 edition, see
http://npger-wehaa.com/yes-weekly/2010/ 11 /1 0/?g=print#?article= 1070409.)
The senator"s request preceded a Dec. 1 announcement by the N.C. Department of Natural Resources (NC DENR) that it was revoking the
401 Water Quality Certification it issued to Alcoa in 2009. During a now-suspended trial in Raleigh related to the certification"s merit,
internal Alcoa emails revealed that Alcoa had intentionally withheld information from the state agency in order to obtain the certification.
Alcoa knew, but failed to disclose, that its dissolved oxygen improvements in Tuckertown Dam would not meet water quality standards based
on the dam"s usual outflow.
"When I heard Alcoa lied to the NC DENR during the trial, 1 could not help but wonder what else Alcoa might have lied about, said Senator
Bingham. I am glad I requested the investigation because it has become more apparent than ever that Alcoa has a long track record of being
deceitful to the public and to our regulatory agencies. Unfortunately, Alcoa has seldom been held accountable for their actions," he added.
Allegations of Alcoa"s illegal oil dumping into the Yadkin River surfaced earlier this year. Senator Bingham contacted the FBI this past
summer to inquire about a potential investigation. But when these allegations surfaced again in YES! Weekly Bingham felt compelled to
write a formal request asking the EPA to investigate. Alcoa has insisted that the company has been a good environmental steward of North
Carolina"s natural resources.
"Based on the article, there appears to be a regular and ongoing discharge of hydraulic oil, possibly laden with PCB"s, and mechanical grease
into the Yadkin River," said Senator Bingham. "Furthermore, the turbines at Alcoa"s older dams may have been leaking these toxic
compounds for many decades, he said. Thus, the extent and scope of Alcoa"s contamination of the Yadkin River may be even greater than is
being reported in this news article."
PCB contamination was recently linked to Alcoa at Badin Lake, a 5,300-acre body of water below Tuckertown Dam that flows into the
Yadkin River. The lake is one of four reservoirs along a 38-mile stretch of the Yadkin that comprise the Yadkin Hydroelectric Project.
Environmental concerns associated with Alcoa"s now-defunct aluminum smelter at Baden Lake have persisted for decades and include
allegations that Alcoa has consistently discharged contaminants such as PCBs into the air, land and waterways in the area.
N.C. Department of Health and Human Services (NC DENR) issued a fish consumption advisory for Badin Lake Feb. 11, 2009 after elevated
PCB levels were found in fish caught at the reservoir. The advisory was specifically targeted toward pregnant and/or nursing women, and
children under age 15, as PCBs are carcinogens that have been associated with health risks such as anemia; damage to the liver, stomach or
thyroid; changes in the immune and reproductive systems; acne-like skin conditions; and behavioral problems. Alcoa has repeatedly denied
that PCB-contaminated fish in Badin Lake are linked to PCB"s from its smelting facility.
A report issued by EPA to NC DENR on February 24th, 2010, EPA Review Comments for Badin Lake Documents definitively linked PCB
contamination in Badin Lake to Alcoa. NC DENR also issued two Notices of Violation (NOVs) to Alcoa earlier this year, on Feb. 22, 2010
and again on May 20, 2010, for cyanide violations at Badin Lake. Cyanide is a highly toxic chemical, the exposure to which has the potential
to cause grave environmental and human health effects. High exposure in humans affects the brain and heart, and may cause convulsions, low
blood pressure, slow heart rate, loss of consciousness, lung injury, respiratory failure, coma, or death. Even lower exposure may cause
breathing difficulties, heart trouble, vomiting, blood changes, headaches, and enlargement of the thyroid.
Alcoa produced aluminum at its Badin Works from 1917 to 2007. The aluminum smelting process involves a number of highly toxic
chemicals, including cyanide, fluoride, and PCBs. A 2001 Resource Conservation Recovery Act (RCRA) study revealed that some of the
land at the Baden site is contaminated with these chemicals. In 1995 DENR issued an NPDES (National Pollution Discharge Elimination
System) permit to set limits and monitoring requirements for the discharge of these chemicals and to ensure Alcoa"s compliance. Alcoa has
violated the provisions of its NPDES permit numerous times since 1995, yet the facility has ceased production of aluminum.
"I think many of the environmental and human health issues linked to Alcoa are only beginning to come to light," said Senator Bingham.We
need a full scale investigation and eventual remediation of the Alcoa site."
Alcoa must receive a 401 Water Quality Certification before the Federal Energy Regulatory Commission
(FERC) will consider approving its application for a renewal of a 50-year license to continue operating dams along the Yadkin River. Badin
Lake is one of the reservoirs for the Project that Alcoa has overseen for decades.
"I hope the EPA will pursue a thorough investigation to get to the truth of whatever misdeeds Alcoa has allowed to occur during its neglectful
stewardship of the Yadkin River, and that the results will confirm Alcoa does not deserve a 50-year federal license because of its activities
and pattern of misbehavior. Alcoa is a known global polluter and a bad corporate citizen," said Senator Bingham.
Susan Massengale
Public Information Officer
DENR- Division of Water Quality
1617 MSC, Raleigh, NC 27699-1617
[phone]; fax [phone]
Please note: my e-mail address has changed to sttsan.massengale(a?ncdenr.gov
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.