DUKE ENERGY GALLAGHER PLANT OVERVIEW

Transcription

1 DUKE ENERGY GALLAGHER PLANT OVERVIEW Current lawsuit with EPA for illegal air emissions update Now operating at 50% (2 of 4 generators) Notorious polluter well known nationally History of deceit and illegal practices Good likelihood of soil and groundwater issues

2 JASON FLICKNER Eco Advocates Consulting, LLC 2011 to present Kentucky Waterways Alliance, Waterways Resources Program Director 2006 to Present Hoosier Environmental Council 1998 to 2005 New Albany Resident What kind of hazards are we dealing with and what is coal ash? What about Gallagher makes it a good target? Initial feedback from others who are targeting Gallagher What are the basis of the claims? CWA and permitting regulations Comparison of Gallagher to similar plants in area Methods of investigation to pursue

3 GALLAGHER GENERATING STATION IS A FOUR-UNIT 600 MEGA- WATT COAL-FIRED GENERATING FACILITY. UNIT 2 BEGAN OPERATING IN 1958; UNIT 1 IN 1959; UNIT 3 IN 1960 AND UNIT 4 IN 1961.

4 RED APPROX. PLANT SITE BOUNDARIES GREEN POTENTIAL INVESTIGATIVE AREAS

5 ABOUT COAL ASH December 2008, TVA s Kingston Fossil Plant s coal ash impoundment spills 1.1 billion gallons of coal ash slurry into the Clinch & Emory rivers and the community of Kingston, Tennessee

6 The Gallagher Generating Station owned by Duke Energy in New Albany, Indiana is ranked 91 st in the U.S. generating 260, pounds of coal ash per year. SOURCE: TOXIC RELEASE INVENTORY (TRI) ON-SITE SURFACE IMPOUNDMENT RELEASES FOR 100 TOP POLLUTING U.S ELECTRIC UTILITY FACILITIES, 2006 COMPILED BY THE INSTITUTE FOR SOUTHERN STUDIES, JANUARY 2009

7 TOXIC CONTENTS OF COAL ASH

8 GALLAGHER COAL ASH PONDS

9 EMISSIONS DATA COMPILED BY THE SIERRA CLUB ENVIRONMENTAL LAW PROGRAM Gallagher Generating Station, Duke Energy, New Albany, Indiana Population: 146,050 (within 5 miles) Mercury per Year: 156 lbs. Carbon Dioxide: 1,797,754 tons Sulfur Dioxide: 50,819 tons (Considered dirtiest coal plant in the U.S. in 2006) Nitrogen Oxides: 3,088 tons Hydrochloric Acid: 2,300,000 lbs. Sulfuric Acid: 79,105 lbs.

10 "THE TOLL FROM COAL: AN UPDATED ASSESSMENT OF DEATH AND DISEASE FROM AMERICA'S DIRTIEST ENERGY SOURCE," CLEAN AIR TASK FORCE, SEPTEMBER Death and disease attributable to fine particle pollution from Gallagher Generating Station Type of Impact Annual Incidence Valuation Deaths 70 $510,000,000 Heart attacks 110 $12,000,000 Asthma attacks 1,100 $59,000 Hospital admissions 50 $1,200,000 Chronic bronchitis 42 $19,000,000 Asthma ER visits 68 $25,000

11 RECENT FINDINGS ABOUT REGIONAL COAL POWER Indiana has the most coal ash ponds in the nation, followed by Kentucky Regulatory officials and employees at a similar coal power plant in the region have admitted leaking pollution discharging to the Ohio River Standard industry practice discourages and budget cuts of state and federal regulatory agencies have restricted inspection and enforcement

12 RECENT EPA ACTION ADDRESSING COAL POWER PLANT EMMISSIONS AND COAL ASH Hazardous and Solid Waste Management System; Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals From Electric Utilities AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. Steam Electric Power Generating Effluent Guidelines (New); EPA ICR No , OMB Control No NEW AGENCY: Environmental Protection Agency (EPA). ACTION: Notice.

13 INVESTIGATION METHODOLOGY Obtain/review permits and monitoring records o Prepare to comment on and challenge permit issuance Independent site testing requirement Consult with engineer concerning levees

14 CLEAN WATER ACT CITIZEN SUIT PROVISION 33 U.S.C : US CODE - SECTION 1365: CITIZEN SUITS (a) Authorization; jurisdiction Except as provided in subsection (b) of this section and section 1319(g)(6) of this title, any citizen may commence a civil action on his own behalf - (1) against any person (including (i) the United States, and (ii) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of (A) an effluent standard or limitation under this chapter or (B) an order issued by the Administrator or a State with respect to such a standard or limitation

15 PROBLEM(S) Present settlement agreement has nothing for remediation for city Poor chance at intervention in present suit unless Consent Decree is amended Caused considerable ill effects from violations No present action under CWA or other means

16 CHOICES FOR CITY OF NEW ALBANY 1. Do nothing. 2. Voice an opinion. 3. Be a catalyst. 4. Be a leader.

17 DO NOTHING Risks and harm increases with age of plant Others may not act without local support Duke will never be as vulnerable as now Loss of redevelopment potential Loss of remediation possibilities

18 VOICE AN OPINION May spur others to act and start investigating Informs public of environmental issues Informs public of redevelopment potential Costs nothing No action or results guaranteed

19 BE A CATALYST Wage information campaign to spread word Recruit others to join effort and contribute Fund initial investigative efforts for evidence Share redevelopment and remediation ideas Generate discussion and public knowledge

20 BE A LEADER Create a new vision for the site to share Pursue positive environmental change locally Stand up against a nationally known offender Recruit others to join and spread message Initiate and drive an effort for enforcement

21 REDEVELOPMENT Site is approximately 450 acres Estimated 1.7 Miles of riverfront Located in long struggling west end On a high traffic 111 route to casino Parks, wetland, and recreational areas Mixed use developments New west end anchor

22 POSSIBILITIES ß BEFORE AFTER?à

23 Regional View Plant Site in Yellow

24 Regional View Plant Site Removed

25 WHAT NOW?