120 Webster St, Ste. 217
Louisville, KY 40206
(502) 589-8008
www.KWAlliance.org
Protecting and Restoring Kentucky’s Waterways
CONTACT: Tim Joice
Phone: (502) 589-8008
Email: Tim@kwalliance.org
For Immediate Release: September 5, 2013
Dangerous Chemicals Pose Public Health Risk for Ohio River Basin Communities
Conservation groups in the Ohio River Basin joined together today to oppose the Ohio River
Valley Sanitation Commission’s (ORSANCO) proposal to allow two more years of dangerous
chemical discharges to the Ohio River. Since 2003, the Ohio River Valley Sanitation
Commission (ORSANCO) had required that all permitted facilities eliminate their “mixing
zones” for bioaccumulative chemicals of concern (BCCs), including dangerous chemicals such
as mercury, by October 2013. ORSANCO is now proposing to extend that deadline to October
of 2015. This proposal is of great concern to the eight states in the ORSANCO compact and to
all of the communities located downstream.
ORSANCO is an interstate commission that was established to control and abate pollution in the
Ohio River Basin. All member states pay a portion of ORSANCO’s operating costs, and in
return, ORSANCO is responsible for ensuring that the river and its tributaries can be used for
drinking water, industrial supplies, and recreational purposes, and can support a healthy and
diverse aquatic ecosystem.
For many years, it has been common practice for coal fired power plants and other permitted
facilities to create special “mixing zones” in the river where they were able to dilute their waste
water in order to meet the legal limits for water quality.
Research has shown that certain pollutants can remain in the water and pose significant concerns,
even after being diluted to lower concentrations. Of particular alarm are those substances - such
as mercury, PCBs, dioxin and various other chemicals - known to accumulate or magnify as they
travel up the food chain and subsequently pose serious health threats to humans. It was this
rationale that led ORSANCO and other states to initially propose mixing zone bans.
Unfortunately, ORSANCO has not met its obligations.
Kentucky Waterways Alliance, Ohio River Foundation, Ohio Environmental Council, West
Virginia Rivers Coalition, Cumberland and Hoosier Chapters of the Sierra Club, and American
Rivers are extremely concerned with ORSANCO’s recent actions. First, ORSANCO created a
variance procedure in 2011 that allowed polluters to delay compliance with the mixing zone ban.
Then, in 2012, ORSANCO failed to accept their own staff’s mercury fish tissue sampling data
for the Ohio River, which indicated that fish in some areas of the Ohio River already exceeded
the “safe” limit for mercury. Instead, the Commission chose to use a technique to assess the
120 Webster St, Ste. 217
Louisville, KY 40206
(502) 589-8008
www.KWAlliance.org
Protecting and Restoring Kentucky’s Waterways
river that is not recommended by the U.S. EPA. In October 2012, ORSANCO proceeded to
grant a variance to the largest mercury discharger on the Ohio River, PPG Industries.
After decades of polluting, any further delay to eliminate mixing zones for BCCs is inexcusable.
Further, any extension of the mixing zone deadline must have clearly articulated accountability
measures.
To that end, in order to ensure that the health of both our rivers and our citizens are protected,
ORSANCO must utilize EPA-recommended methods to complete a full assessment of mercury
in fish tissue for the Ohio River. If the river is already “impaired” for mercury, ORSANCO and
the states must make plans to enforce the mixing zone ban as soon as possible. Regardless,
ORSANCO must enforce the proposed October 2015 deadline as final and, to meet that timeline,
all dischargers must develop compliance timelines immediately. Further, the state agencies
responsible for permitting these facilities must integrate the compliance timelines retroactively as
permit requirements. These are minimum measures that ORSANCO must take in order to regain
the public’s trust, and ensure the health of our rivers and our citizens are sufficiently protected.
Additional quotes:
“Now, ten years after enacting the ban on mixing zones for these most dangerous chemicals, the
Commission is considering extending the deadline for all dischargers because no one has
determined who may need a variance and who can comply with the limit for chemicals like
mercury. This is unacceptable and the public’s health should not be held hostage to industry’s
failures,” stated Tim Joice, Water Policy Director for KWA.
“West Virginians share a heritage of fishing and recreating in the Ohio. The Commission should
be standing up for our right to safely enjoy this aspect of our way of life,” said Angie Rosser,
Executive Director of West Virginia Rivers Coalition. “ORSANCO’s actions are like telling a
teenager every time he misses a curfew he can stay out later – eventually, he will be out all night
because there is no curfew to take seriously.”
"Anyone who eats fish that contains mercury can be at risk of severe health problems, but
mercury is particularly harmful to young children and the unborn babies of pregnant mothers
who eat the fish," said Bowden Quinn, Conservation Director for the Sierra Club's Hoosier
chapter. "ORSANCO must do much more to protect the people who enjoy fishing on the river
and eating their catch."
"The solution to pollution is not dilution," said Kristy Meyer, Managing Director, Agricultural,
Health & Clean Water Programs for the Ohio Environmental Council." As of spring last year
mixing zones have been banned in the Great Lakes. Ohioans in the Lake Erie basin already have
more protective water quality standards than the other 2/3rds of the state. After giving industries
in the Ohio River watershed nearly a decade to comply with this ban, ORSANCO needs to stop
playing Russian Roulette with millions of Ohioan's health and not extend the deadline."
120 Webster St, Ste. 217
Louisville, KY 40206
(502) 589-8008
www.KWAlliance.org
Protecting and Restoring Kentucky’s Waterways
###
Working statewide for over 20 years, Kentucky Waterways Alliance has won better protection
for Kentucky’s waterways through community‐based efforts, advocacy, and educational
outreach. With a mission to protect and restore Kentucky’s waterways, our work is making a
difference in the quality of life for all Kentuckians one victory at a time.
Visit us at: www.KWAlliance.org
Organizational Contacts:
 Betsy Bennett, Cumberland Chapter of the Sierra Club, (502) 897-0040,
conservation@kentucky.sierraclub.org
 Rich Cogen, Ohio Rivers Foundation, (513) 460-3365, rcogen@ohioriverfdn.org
 Liz Deardorff, American Rivers, (717) 763-0742, ldeardorff@americanrivers.org
 Tim Joice, Kentucky Waterways Alliance, (502) 589-8008, tim@kwalliance.org
 Kim Knowles, Prairie Rivers Network, (217) 344-2371, kknowles@prairierivers.org
 Kristy Meyer, Ohio Environmental Council, (614) 638-8948, KMeyer@theOEC.org
 Bowden Quinn, Hoosier Chapter of the Sierra Club, (317) 695-3046,
bowden.quinn@sierraclub.org
 Angie Rosser, West Virginia Rivers Coalition, (304) 637-7201, arosser@wvrivers.org