9 million tons of Duke Energy's coal ash, the EPA's proposal to loosen regulations about it, and Earthjustice's lawsuit against the EPA.

The press release from Earthjustice is reprinted verbatim, which I'm doing because it's a very big deal, literally and figuratively, that nine million tons of coal ash reposes on the property of the soon-to-be-shuttered Gallagher Station plant, which lies precisely two miles from the Reisz Mahal.

A friend recently asked Duke Energy about the situation.

We received your question about coal ash at Gallagher Station. We’re pursuing a combination of both excavation and capping in place at Gallagher. All decisions are based on science and engineering and have to be approved by state environmental regulators. Please let us know if you have further questions.

For background, a few previous posts.

9.3 million tons of dangerous coal ash right here in Anchor City? Good thing it's not a campaign issue.

Dan Coffey wasn't making it up: 500,000 truck trips would be necessary to remove Duke's toxic coal ash from the Gallagher plant's ponds.

Tonight is the public meeting about Duke Energy's coal ash disposal. Gahan to send summer intern with information about the Bicentennial Park Concert Series.

Here's the release. 

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Good afternoon. Today the nonprofit Earthjustice sent EPA formal notice of its plan to sue for EPA’s refusal to hold an in-person public hearing on proposed coal ash regulatory rollbacks. This action is being taken on behalf of impacted communities throughout the nation, including New Albany with the Lower Ohio Riverkeeper based there as a plaintiff, as well as a resident of Louisville who lives near the Mill Creek Plant and recreates on the Ohio River. There are more Indiana plaintiffs based in Indy (Hoosier Environmental Council), Lafayette (Wabash Riverkeeper) and a resident of Lawrenceville.

The EPA’s decision to hold a hearing via an online conference call with no video eliminated the ability for many people affected by the rollbacks to participate. Here’s the notice.

The rollbacks would have serious adverse impacts on the health of individuals across the country and the environment. Specifically, this proposed rollback would make it easier for utilities to keep leaking coal ash ponds operating and polluting longer and allow millions of tons of additional toxic coal ash waste to be dumped into leaking and/or dangerously sited ponds.

The decision to eliminate in-person public hearings impairs public participation. The virtual public hearing was announced online and requires that participants register and call-in via an online platform. These hearings are particularly challenging for communities with limited internet access, which coincide with communities that are disproportionately impacted by coal ash. Only having a virtual hearing strikes at the very heart of democratic, public participation - participants have no opportunity to face and speak directly to EPA officials, to use visual aids, and bring people who are very sick from exposure but aren’t up to speaking out. At the January 7, 2020 virtual hearing several commenters openly questioned whether anyone was listening to them at all. Virtual hearings can be a useful supplement to in-person hearings but should not replace them. In addition, this comment period coincided with the holidays.

These concerns led 87 public interest organizations to write EPA requesting that it hold an in-person public hearing and to extend the comment period.

EPA rejected that request in December. Meanwhile, EPA did have the time to privately meet in-person with over 50 coal industry officials on November 19, 2019. 

Tonight is the public meeting about Duke Energy's coal ash disposal. Gahan to send summer intern with information about the Bicentennial Park Concert Series.

But remember, no Boomtown for you.

City Hall is as silent as a Bud Light & Clamato Chelada, but we're inferring that Boomtown Ball will NOT be held in 2017.

The Courier-Journal helpfully provides information on a public meeting, which (I'm guessing) few of us knew was slated to occur.

If you go:

The public meeting is 5-7 p.m. at Scribner Middle School, 910 Old Vincennes Road, New Albany.

How to comment:

The Indiana Department of Environmental Management is accepting written comments on the plan through May 28. Those comments can be sent to IDEM, Solid Waste Permits Section, Office of Land Quality, 100 North Senate Ave., IGCN 1101, Indianapolis, Indiana, attention Nick Batton.

Batton can also be contacted for more information at nbatton@idem.in.gov, according to a public notice.

C'mon, you know exactly what Team Gahan is thinking: just get on with the power plant decommissioning, and those outlawed public housing residents can be placed there, safely out of view.

Duke to close coal-ash ponds at Gallagher power plant in New Albany, by James Bruggers (C-J)

There is a Monday meeting in New Albany with Duke officials and the state has opened a public comment period

Duke Energy on Monday will be explaining its plans to close the coal combustion waste ponds at Gallagher Station power plant in New Albany.

They contain 9.3 million tons of coal-burning waste such as bottom ash and fly ash. Permanent storage or disposal of coal ash is regulated because it contains toxic metals ...

 ... The utility plans to dig out coal ash from two of Gallagher's storage ponds, according to an informational flier from the company. For three others, the ponds are to be capped, leaving the plant's coal ash in place. The company also promises long-term environmental monitoring.

Hoosier Environmental Council objects to the proposal, and its coal ash expert, Tim Mahoney, said his reading of the company's plans show the ash being consolidated on the Gallagher property. Whatever ash cannot be safely recycled should be sent to a modern landfill designed to handle the waste, said Mahoney, the council's senior policy director.

What they're saying: Al Knable on possible wetlands expansion; also, Diane Benedetti and David White.

As the weeks go past in route to May's primary election, I'll try to provide periodic unedited candidate statements of approximate substance, as lifted from social media and news reports, and as opposed to familiar gems (although they certainly have their place) like "yard signs win elections, not people" or "donate to my campaign first, and maybe I'll have something of merit to say much, much later."

That's because it is my aim to determine whether our declared candidates have anything to say at all, and I'll quote all candidates, whether or not they're in a contested race. Just promising change and new ideas without divulging them won't cut the mustard, aspirants.

With most Democratic candidates preoccupied with party directives to plant yard signs and sing kumbaya, there nonetheless were bits of wheat amid the chaff.

In the mayoral race, David White (Fb site reference) got cogent with his challenger's centerpiece, a $9 million aquatics center.

(Quoting an N and T story) "Though an exact operating budget per year hasn't been established, city officials have received projected cost estimates to maintain and staff the pool" ...  you've got to be kidding me! How can one agree to such a high dollar project without knowing it's overhead and financial impact on the city? 

5th district incumbent Diane Benedetti now has a campaign site at Facebook, and will be joining builders:

Look for Team Benedetti in the upcoming New Albany-Floyd County Habitat for Humanity Women Build Team, part of National Women Build Week.

You may notice Al Knable's name popping up here frequently, and that's because of all the candidates currently declared for council (he's seeking an at-large seat as a Republican), he's the one who has most often dared expound at length on a variety of topics. It would be an understatement to note how very refreshing this is.

Like this one, at his Fb campaign page. Finally, someone who sees the opportunities afforded by seeming reversals.

I reconnected with my inner-biologist today, toured some of the swamps near NOLA via airboat with my family.

I caught the kids by surprise when I told them during a quiet lull that we have areas similar to this near New Albany (sans alligators of course) and that I believe we can expand upon them to boot! I reminded them of the great resource we have in Loop Island and of the generosity that made that wetland's preservation possible.

The possible expansion? Gallagher Station.

I think the writing is on the wall. With the EPA's last round of regulations, Duke's options are very limited and I believe G.S. will be moth-balled in the near future.

This will create short term hardship as NA will face lost employment and revenue. Long term- great opportunity!

We need to start conversing NOW with state and federal agencies to assure the transition of this facility to protected wetland habitat.

This would allow for Green Belt continuity between Loop Island and G.S. wetlands. What a treasure for naturalists and fishing and hunting enthusiasts!

Clearly this goes beyond the scope of our City Council, but we need to be part of the discussion if we want to guide our future. I've actually already started this discussion with our current and former Governors and hope to continue the conversation as one of NA's elected representatives.

This is a decade's long project! We'll need leaders with foresight and discipline to pull it off. Please help me spread the word!