The river near a proposed cement plant in New Hanover County can't tolerate any more mercury pollution, state officials say, a judgment that could block the controversial factory from opening.
The state environmental agency is considering permits for the plant planned for Castle Hayne near the already mercury-tainted Northeast Cape Fear River. The factory built by Titan America would produce a number of pollutants, including mercury.
The company's request for state air permits is pending. It would also need state and federal water permits.
Titan, an international company based in Greece, promised to bring 160 jobs and millions in tax revenue to the area in exchange for $4.5 million in incentives from the state and New Hanover County. The State Bureau of Investigation is looking into whether political pressure was involved as the company pursued state permits.
In a Jan. 4 letter to state air quality chief Keith Overcash, the head of the state water quality office said federal clean water laws would prohibit the state from letting a new source of mercury pollution flow into an already contaminated river.
Fish in the Northeast Cape Fear already have too much mercury, wrote Coleen Sullins, head of the state Division of Water Quality. The state has told people to eat few of the fish caught there, if any at all.
People living around the proposed plant, which is about 120 miles south of the Triangle, are worried about mercury pollution because eating contaminated fish can harm the brains of fetuses and young children.
Overcash, who asked Sullins for information about mercury pollution, said his office would take the letter under consideration, but the information does not disqualify Titan from getting air permits. The plant must meet limits for pollution discharges to water and air, but the federal regulation that affects the Northeast Cape Fear deals with wastewater, not pollution from a smokestack.
"There's no real tie between discharge and air emissions," Overcash said. "It appears to me that Titan won't be able to get a discharge permit that has mercury."
A decision on Titan's air permit is not imminent, Overcash said.
One way to remove air pollutants is to use machines that would mix them in water. That water would have to be discharged somewhere.
Titan spokeswoman Kate McClain said the company hasn't decided how it would control mercury from the plant.
"Our engineers are constantly evaluating what's new and under development and will make the best decisions," she said.
In a statement, the company said that emissions that end up in the river would not pose a significant health risk. Titan maintains it would be unfair to put limits on air permits because of concerns about water pollution.
"This action would set a precedent that would potentially affect any air permit with mercury emissions in the state," the statement said.
A problem with federal regulations is that air and water pollution are considered separately, said Mike Giles, the Cape Fear coastkeeper for the N.C. Coastal Federation. Air regulations do not take into account what happens to mercury from a smokestack when it lands in water or land, he said.
"If one state division issues a permit that harms a community and people and water, another division can't do anything about it," he said.
Giles belongs to one of the environmental groups suing to make the state conduct a comprehensive environmental review before any permits are approved.
