The Hoosier Environmental council said it would continue to challenge Duke Energy Corp.’s legality, despite the company agreeing not to rethink its plan to close the two potentially toxic coal-ash ponds that run along the Ohio River.
The HEC opposes Duke Energys 2016 planTo close coal ash impoundments at the Gallagher Generating Station, Floyd County. This involved leaving approximately 3 million tons of coal-ash in unlined landfills.
HEC argued that the 2016 plan violated federal and state laws. It allowed coal ash, which is toxic and heavy with chemicals, to be in permanent contact of groundwater, thereby posing a threat to human health and the environment.
The fact that the polluted groundwater from the Gallagher site’s Dukes coal ash flows into the Ohio River, further increasing the environmental risk, said Dr. Indra Frank, HECs environmental director. Climate change is causing more severe storms, which are increasing the likelihood of coal ash being left in flood-prone areas like the Gallagher ash lakes.
Duke Energy submitted the plan BelieveFour of the seven impoundments could be regulated by state regulations, instead of the stricter 2015 regulations of the U.S. Environmental Protection Agency. Coal Combustion Residuals RuleThe, which establishes rules for coal ash storage, including requirements on structural integrity and groundwater monitoring, record keeping, and other criteria.
In 2019, the Indiana Department of Environmental Management approved the plan. The HEC appealed to the Office of Environmental Adjudication. upheld IDEMs decision.
The HEC requested that the Marion County Superior Court review the OEAs decision.
In January 2022, the EPA stated that impoundments would have to comply with federal rules. Duke Energy withdrew their plan in April. The company stated that it would submit a revised one to the state.
HEC stated it will appeal the decision of the OEA on the original plan.
According to Kim Ferraro, HECs senior attorney, Duke Energys decision not to withdraw its illegal Closure Plan for the Gallagher coal ash ponds shows that it doesn’t believe it can defend its unsupported readings of the federal coal-ash rule. The company’s pending review of its closure plan is not yet in compliance with the federal rule. Its ability to protect groundwater quality and public health will remain to be seen. HEC is still challenging the OEAs decision that Dukes Closure Plan was erroneously approved by IDEMs.
Duke Energy announced that its new plan to close coal ash impoundments includes a below-ground wall and a synthetic liner covering that will reduce groundwater mixing with the coal. The company will also monitor groundwater over a minimum of 30 years.
The company has not yet indicated when it will submit its new plan to IDEM for approval.
