As judge, Donald van der Vaart rules on behalf of DEQ, hog farms and against enviro groups

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Black circles show the location of four confirmed farms that will send biogas to the Align RNG facility on Highway 24 in Turkey. Blue circles show the farms closest to the pipeline route, but have not yet been confirmed. Nineteen farms are reported to send biogas to Align RNG but neither Dominion Energy nor Smithfield Foods will disclose names, even to state regulators. (Base map and pipeline route: Land Management Group, submitted to the U.S. Army Corps of Engineers; farm locations based on DEQ mapping tools and documents, and USACE filings)

The NC Department of Environmental Quality is legally right to allow industrialized hog farms to install equipment in their waste lagoons-known as anaerobic digesters-to produce biogas, the state’s chief administrative law judge said. ruled today.

The judge: former DEQ Secretary Donald van der Vaart, appointed to the post of State Supreme Court Cheif Justice Paul Newby in July. Van der Vaart, known for his anti-regulatory stances, served as DEQ secretary under former Gov. Pat McCrory.

Two groups, the Environmental Justice Community Action Network and Cape Fear River Watch, have opposed DEQ’s permission of anaerobic digesters – essentially massive tarps – in waste lagoons on four farms: The Goodson Farm and the Kilpatrick Farm in Sampson County; and the Benson Farm and Waters Farm in Duplin County.

The digesters capture the methane, which is then sent by pipeline to the Align RNG facility in Turkey in Sampson County. From there, Align RNG-a partnership between Dominion and Smithfield Foods/Murphy-Brown-upgrades the biogas and injects it into a natural gas pipeline. Duke Energy uses gas to generate electricity.

Murphy-Brown intervened in the disputed case, siding with DEQ.

The challenge of environmental groups focuses on two issues: whether state law regarding water quality protections applies to DEQ permitting decisions for these farms; and whether digester permits farms to use waste treatment and disposal systems with less harmful impact on the environment.

Biogas systems typically cover a single lagoon, but a second one is needed to capture the overflow; it is usually uncovered. Garbage collected in the second lagoon is sprayed on nearby farms. This lagoon-and-sprayfield system contributes to odors, flies, and in some cases, even groundwater, drinking water and surface water contamination.

The groups also argued that DEQ should also have considered the air quality effects of ammonia emissions from secondary lagoons and sprayfields.

DEQ and Murphy-Brown argued that the agency had no authority under state law to regulate or limit ammonia emissions through these decisions. Ammonia emissions are included in permits only for new or expanding manure systems.

In addition to the four farms named in the disputed case, there are a dozen more with approved digesters, according to DEQ. It is unclear if any of these farms are part of the Align RNG project. More than a year ago, Align RNG refused to disclose t0 DEQ – despite the agency’s request – the locations of 15 of the 19 farms reported to supply biogas to the facility. A DEQ spokesperson told Policy Watch that Align RNG has still not named those farms.

Environmental groups can appeal to New Hanover County Superior Court, where the case was filed. Cape Fear River Watch is headquartered in New Hanover County. The groups are represented by the Southern Environmental Law Center.

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