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. 

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

The president said something stupid about wind power, which prompted Deaf Gahan to tweet.

Google divulges little about this situation. There's this from the Indy Star last July: 'Disastrous consequences': EPA changes to toxic coal ash rules could hurt Hoosiers.

What's the plan for our ultimate neighborhood brownfield? What does it mean for us? All I'm hearing are pins dropping and crickets chirping.

Previously on July 4, 2018:

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.

Coffey warned against Duke shirking the clean-up of highly toxic coal ash, and also mentioned that removing the coal ash might require 500,000 truck trips over a period of years.

There were guffaws and the rolling of eyes, but Coffey was right. Here's the source from May, 2017. Did you read it? I didn't.

And May 15, 2017:

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.

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.

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.

At June's second city council meeting, 1st district councilman Dan Coffey raised an important point about Duke Energy's Gallagher power station, which has been burning coal ever since its four units were built during the period 1958-1961.

During speaking time for council members, Coffey suggested vigilance by city officials about Duke Energy’s coal ash pond cleanup, to begin as Gallagher winds down.

Coffey warned against Duke shirking the clean-up of highly toxic coal ash, and also mentioned that removing the coal ash might require 500,000 truck trips over a period of years.

There were guffaws and the rolling of eyes, but Coffey was right. Here's the source from May, 2017. Did you read it? I didn't. Tim Maloney is the Hoosier Environmental Council Senior Policy Director, and Duke Energy's spokeswoman is Angeline Protogere.

Duke Energy plans coal pond closures at Gallagher Station in New Albany
Environmentalists concerned with closure method, by Elizabeth Beilman (Unexpurgated Tom May Content)

 ... "For all these old coal-fired power plants, the real question is what happens to the waste, and is that handled in a responsible way?" Maloney said. "Leaving it sitting there next to rivers and atop shallow groundwater systems, in our view, is just the least desirable option."

But Protegere said removing much of the 9.3 million tons of coal ash at Gallagher Station from ponds would require 500,000 truck trips over the next few decades. Closing ponds in place takes "months or years," she said.

"Obviously that has a major community impact and a significant amount of truck emissions," Protegere said. " ... There are a number of factors that go into this decision."

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.