Johnson County group hopes to put
teeth in ridge law
By Kathy Helms-Hughes
STAR STAFF
Three Johnson County commissioners and a handful
of concerned citizens met Monday night to form a committee
which hopes to rejuvenate Johnson County's ridge law -- a
law some hope will deter a windfarm and energy storage facility
proposed by Tennessee Valley Authority.
According to TVA, the Tennessee General Assembly,
at the request of Johnson County, passed an act in 1996 governing
development on mountaintops in Johnson County. The "Mountain
Ridge Protection Act of Johnson County" required the county
to file with the board of county commissioners and the register
of deeds a map identifying the "crests of protected mountain
ridges."
According to TVA, a map identifying the crests
has not been filed with the board or the register of deeds,
and "more importantly, the restrictions in the act do not
apply to 'equipment used for the transmission of electricity,
communications, or other public utilities.' The act, therefore,
would not apply to the construction on Stone Mountain of a
facility such as a windfarm designed for use as a public utility
generating wind power."
Charles Cutlip, Johnson County commissioner,
said the committee formed Monday night will be presented to
the county court for approval at its meeting Thursday.
"This is not an anti-windmill, per se, committee.
It's just to get something worked out with this new ridge
law we've got here," he said.
According to Cutlip, Johnson County's ridge law
was never completed.
"It was passed in the Legislature and one of
the stipulations was that mountain ranges that met this criteria
had to be put on record in county court, and they were never
defined. The paperwork was never followed through with, actually
defining what mountains restrictions would be put on."
If approved, the committee hopes to revitalize
the ridge law by setting down some specifics.
The committee is made up of Commissioners Cutlip,
Freddie Phipps and Bob Graybeal, with Barbara Hayes, Patty
Young, Mary Sturdevant and Scott Mast representing the public.
Johnson County's ridge law was modeled after
one adopted in North Carolina, which does not allow structures
taller than 40 feet on protected mountain ridges but allows
exceptions for items that include "antennas, poles, wires
and windmills."
North Carolina Attorney General Roy Cooper recently
took TVA to task over the agency's environmental study, which
apparently misinterpreted his state's ridge law. Cooper said
the law did not intend to allow anything other than simple
farm windmills on mountain ridges.
TVA is expected to decide sometime this spring
whether to locate the windfarm and Regenesys energy storage
facility in either Anderson County or Johnson County.
If located at Stone Mountain in Mountain City,
14 to 16 375-foot-high wind turbines would be visible from
parts of Elizabethton, North Carolina and Virginia.
Cutlip said commissioners have not been notified
as to when TVA expects to make its decision.
"We've never been told anything officially. TVA
has never addressed our court or us personally," he said.
Concerned citizens say they have submitted questions
to TVA officials about the proposed windfarm and Regenesys
facility but that TVA has yet to respond to their questions.
Some citizens opposed to the windfarm say they
have received threatening phone calls or other forms of intimidation,
apparently from pro-windfarm citizens.
While residents have expressed concerns about
the 2-mile-long, 800-foot-wide swath that would be cut across
Stone Mountain during construction, apparently only a few
made it through TVA's environmental assessment to Appendix
A, which addresses the proposed Regenesys facility.
According to TVA, the energy storage facility
uses a system which stores and releases energy by means of
a reversible electrochemical reaction between salt solutions
or electrolytes.
The electrolytes would be made up of sodium bromide
and sodium polysulfide. Sodium bromide has the potential to
release bromine gas, an extremely hazardous substance, when
exposed to the atmosphere.
The two electrolytes would be stored in double-walled
tanks, with the sodium bromide tank holding 475,000 gallons
and the sodium polysulfide tank holding 570,000 gallons.
During charging and discharging operations, each
electrolyte would be pumped at a rate of 5,000 gallons per
minute. During normal operation, no releases of either electrolyte
is projected, although according to TVA's assessment, the
process itself is estimated to emit around three pounds of
bromine per year.
If pressure in either tank were enough to open
the pressure-relief valve, bromine released to the air would
be directed by fans to two carbon-bed absorbers designed to
reduce the bromine concentration. According to TVA, the sodium
polysulfide solution is less concentrated than the sodium
bromide solution and does not emit vapors that would pose
an inhalation risk.
The Regenesys facility basically would be operated
remotely and would require personnel only for routine maintenance,
removal of solid waste, replacement of spent absorbent, and
replenishment of electrolyte solution and water treatment
chemicals. Those activities would be done quarterly.
DeNeece Butler of North Carolina, who spoke out
against the windmill project during a January meeting conducted
by TVA, expressed concern over the potential risk of bromine
gas.
"Anytime there are human performance, mechanical
performance, and toxic materials combined in any pursuit,
there exists the potential for failure of one or some combination
of those elements," Butler said.
" 'Normal operation' infers the possibility of
'abnormal operation.' Risk factors are expressed in terms
of percentages, and is subjective. A neighbor to the Regenesys
facility might assess the risk factor at a much higher percentage
than someone living cross country from it.
"Also, there is a time factor involved; the risk
changes with time and normal wear and tear of mechanical parts.
There are no guarantees in life; that includes the part of
life that involves the generation of electrical power with
hazardous materials. It's a crap shoot ... a numbers game,
with the numbers being manipulated based on the 'spin' being
espoused," she said.
"If there weren't the possibility of 'emergency,'
there wouldn't have been an 'emergency plan' established ...
"The question for individuals neighboring the
proposed Regenesys plant is whether or not they might choose
to be included in the 'acceptable losses' for a TVA-assessed
'insignificant' risk of an emergency, for which they have
a plan. The next question is, how will such an 'insignificant
risk' affect their property values?" Butler said.
According to Elgan Usury of Tennessee Emergency
Management Agency, bromine is a sister to chlorine. "It's
an irritant in your lungs. It would be released probably as
a vapor and it does vaporize rapidly," he said.
Once mixed with air, it would be dispersed fairly
rapidly and because it is a little heavier than air, probably
would tend to settle. However, he said, approximately three
pounds of bromine over the course of a year would not be a
large amount.
In the event of an accidental release, according
to Usury, residents probably would be advised to go inside,
close all doors and windows, and allow the vapor to dissipate.
"If it were a serious enough event, they would
try to evacuate people out of the area," he said.
Sodium polysulfide, on the other hand, is caustic,
he said. "Sulfides usually are not real good to breathe."
According to Grady Wray, director of the Division
of Air Pollution Control at the Tennessee Department of Environment
and Conservation in Johnson City, no applications for permits
have been received by his office regarding the Regenesys facility.
Likewise, the Division of Air Pollution Control in Nashville
also has not received any applications. The division regulates
188 hazardous air pollutants.
A spokesman at the Nashville office said applications
for construction permits must be submitted at least 90 days
before construction begins. Once completed, the company then
must apply for an operating permit.
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