Victory for Waukegan! Draft revisions to EPA rule address legacy coal ash dumps and landfills

COAL ASH VICTORY! banner superimposed over photo of Waukegan coal plant

As part of a settlement between the Environmental Protection Agency (EPA) and public interest groups represented by Earthjustice, the agency on May 17 published proposed revisions to federal safeguards for coal ash.

In a major win for communities near coal plants—like Waukegan—the draft rule extends federal monitoring, closure, and cleanup requirements to hundreds of previously excluded older landfills, legacy ponds, and fill sites.

The revisions would close an important loophole in the 2015 Coal Combustion Residuals (CCR) rule, which excluded coal ash at power plants that stopped producing power and landfills that stopped receiving new waste before the law went into effect.

At least 566 landfills and ponds at 242 coal plants in 40 states were exempted from the 2015 federal regulations, according to Earthjustice.

View the Earthjustice map of coal ash dump sites.

The exempted coal ash ponds and landfills are sited disproportionately in low-income communities and communities of color.

Since October 2015, many coal plant owners have evaded cleanup requirements almost entirely by blaming nearby unregulated dumps for any pollution detected.

This practice would end under the proposed EPA rule: Site owners would be required to monitor and clean up all coal ash at a given site, rather than trying to regulate each dump at a site individually.

“We are hopeful this rule will hold these industries accountable and send a message that community members and taxpayers will no longer be responsible to clean up their mess. We all deserve healthy communities and environments that our families and future generations can enjoy,” said Dulce Ortiz, co-chair of Clean Power Lake County.

Proposed rule falls short

Unfortunately, the proposed rule does not address all coal ash dump sites at former coal plants. It leaves out ponds that did not contain water as of the original rule’s effective date (October 2015) or after.

In addition, it does not address coal ash that was used as construction fill at playgrounds, schools, and throughout neighborhoods.

Earthjustice and its partners, including Clean Power Lake County, insist that the EPA should extend federal coal ash regulations to all coal ash disposed at current and retired power plant sites to address immediate threats and prevent further contamination.

“As the EPA works to finalize these reforms by next year, there are a few things they need to do,” said Lisa Evans, senior counsel for Earthjustice. “The EPA must close the loophole tightly, so utilities cannot avoid cleaning up any toxic waste. It doesn’t matter when or where it’s been dumped; it needs to be dealt with. The EPA must keep close tabs on whether the utilities are complying with federal health protections. We’ve learned polluters rarely do the right thing unless they know
there are serious consequences. Enforcement will make or break these new safeguards.”

Once the rule is published in the federal register, there will be a 60-day public comment period and public hearings.

Nonprofit legal organization Earthjustice filed the coal ash landfill litigation in 2022 in US District Court on behalf of plaintiffs Statewide Organizing for Community eMpowerment (Tennessee), Indiana State Conference and LaPorte County Branch of the National Association for Advancement of Colored People, Hoosier Environmental Council (Indiana), Clean Power Lake County (Illinois), Environmental Integrity Project, and Sierra Club.

Earthjustice filed litigation to address legacy ponds in 2015 on behalf of Clean Water Action (Washington, D.C.), Comité Dialogo Ambiental Inc. (Puerto Rico), PennEnvironment (Pennsylvania), Hoosier Environmental Council, Tennessee
Clean Water Network, Environmental Integrity Project, Prairie Rivers Network, Sierra Club, and Waterkeeper Alliance.

CPLC: Statement on proposed expansion of Waukegan Airport and loss of public land

Passenger airplane being pushed out from an airport terminal.
The Waukegan Port District has not engaged the public in a transparent process around impacts of the proposed expansion of Waukegan National Airport. [Photo: Thor Jorgen Udvang/Dreamstime]

The vision of Clean Power Lake County is to build a sustainable community that promotes the healthy development of all Lake County communities, especially those most vulnerable, by addressing environmental racism, practicing participatory democracy, advancing self-determination, and empowering BIPOC community members. The proposed expansion of Waukegan National Airport, specifically to replace the current runway with one longer than runways used at Midway and Chicago Executive Airports, completely undermines this vision. 

The Waukegan Port District, which owns and operates the airport, has failed to engage the public in a transparent process around impacts of the proposed expansion. Moreover, the municipal corporation failed to provide a thorough environmental impact statement for members of the public or the Lake County Forest Preserve District (LCFPD) to review before asking it to approve the proposal. 

For the planned expansion to proceed, the Port District needs to acquire 52 acres of designated public land entrusted to the LCFPD. This land is in a part of Lake County that has significantly less public green space than more affluent portions of the county, and where existing public lands have not been improved in ways that support public access. This area cannot afford to lose more green space. 

Clean Power Lake County believes it would be a violation of public trust for the LCFPD to enter into a Memorandum of Agreement with the Port District before the full environmental impact report is released and public hearings are held. 

The people of Wadsworth, Zion, Beach Park, and Waukegan have the right to access complete and accurate information about this proposal and must be allowed to exercise their rights as community members who will experience the negative impacts of airport expansion. 

The LCFPD has the responsibility to act in the best interests of both the people of Lake County and the green spaces entrusted to their care. Airport expansion is not urgent and does not require a rushed process. A change of this magnitude requires public engagement, transparency, and a thorough process.

The LCFPD must exercise its authority and require the Port District to demonstrate substantial value to the community, minimal negative environmental impacts, and assurance that there will be no loss of accessible green space in northeastern Lake County. Anything less would further erode the trust we place in our elected officials and jeopardize the future of our communities. 

CPLC: 2022 highlights

  • Dulce Ortiz in video clip
  • Dulce Ortiz at podium in Waukegan City Hall
  • CPLC interns in Facebook post
  • Eddie Flores poses with environmental coloring book.
  • Fire and smoke from explosion in a middle of a cityy

WE DID IT! In 2022, after working together as a community for more than 10 years, we shut down the last two coal-burning units at the Waukegan Generating Station’s Lake Michigan site.

The coal plant’s closure definitely stands out as the biggest milestone of the year for Clean Power Lake County (CPLC). Yet it is just one of several moments in 2022 worth noting.

January

January 11: State Rep. Rita Mayfield and State Sen. Adriane Johnson introduced legislation (House Bill 4358/Senate Bill 3073) requiring removal of all coal ash from the Waukegan Generating Station site. The toxic waste has contaminated groundwater at the Lake Michigan site for more than 10 years.

February

February 18: CPLC supporters met virtually with state legislators to lobby for bills addressing environmental injustices in the issuance of permits, requiring removal of all coal ash from the Waukegan Generating Station site, and more.

February 25: The Illinois Senate passed a bill requiring removal of all coal ash from the Waukegan Generating Station site. If enacted, it would safeguard Lake Michigan, the main source of drinking water for nearly 6 million people.

April

April 7: Despite widespread community support and Illinois Senate approval, a bill requiring removal of all coal ash from the Waukegan Generating Station site did not advance in the Illinois House during the last week of the spring legislative session.

April 27: ComEd filed new rates with the Illinois Commerce Commission to give direct credits of more than $1 billion to customers—a result of the Climate and Equitable Jobs Act (CEJA).

June

June 1: NRG shut down the last two coal-burning units at the Waukegan Generating Station. Huge win for our community! Closing the lakefront coal plant has been CPLC’s top priority for almost 10 years.

June 9: WBEZ-Chicago and WGN-TV highlighted serious concerns about hazardous coal ash waste left behind at the newly closed Waukegan Generating Station. CPLC co-chair Dulce Ortiz, Sierra Club’s Christine Nannicelli, State Rep. Rita Mayfield, and Waukegan Mayor Ann Taylor were interviewed.

June 13: CPLC celebrated the delivery of the first of six battery-electric Pace buses slated for Waukegan. The transit agency decided to make the North Division in Waukegan its first Zero Emission Facility in response to a strong campaign led by CPLC Steering Committee member Leah Hartung.

June 27: Citing newly identified flood risks at the Waukegan power plant, CPLC co-chair Dulce Ortiz demanded NRG be held accountable for cleaning up toxic coal ash at the site as soon as possible. Joining the call for action were Waukegan Mayor Ann Taylor, State Rep. Rita Mayfield, State Sen. Adriane Johnson, and Congressman Brad Schneider.

July

July 28: CPLC offered a fond farewell to Summer 2022 interns: Waukegan native Michelle Aguilar, a government and politics major at Scripps College in Claremont, California; and Maddie Young, an environmental studies major at American University in Washington, D.C.

August

August 16: President Joe Biden signed a sweeping $750 billion health care, tax, and climate bill into law. Thanks to the Climate and Equitable Jobs Act (CEJA), Illinois is in a strong position to use the historic climate funding included in the Inflation Reduction Act.

August 20: CPLC co-chair Eddie Flores signed copies of Eddie’s Environmental Justice Journey during a downtown Waukegan event. The bilingual coloring book was a collaborative effort by Brushwood Center at Ryerson Woods, CPLC, and local artist Diana Nava.

August 25: Earthjustice—on behalf of CPLC and other groups—sued the US Environmental Protection Agency (EPA) for exempting at least half a billion tons of coal ash in nearly 300 landfills in 38 states from standards designed to protect people from cancer-causing chemicals.

September

September 15: One year after the Climate and Equitable Jobs Act (CEJA) was signed, the Illinois Clean Jobs Coalition saluted volunteers across Illinois—including CPLC supporters—who fought like the planet depended on it (it does) for a #FossilFreeIL.

September 2628: CPLC Steering Committee member Celeste Flores urged the US EPA to require chemical facilities to prepare for climate change by implementing safer chemicals and processes. Our message during the virtual hearing: Voluntary measures aren’t enough to prevent chemical disasters.

November

November 4: A project to monitor ethylene oxide (EtO) in Lake County will receive a US EPA grant funded by President Biden’s Inflation Reduction Act. “ Testing is a good start,” said CPLC Steering Committee member Celeste Flores in a Lake County News-Sun article.

December

December 14: Earthjustice—on behalf of CPLC and other groups—sued the US EPA for failing to take legally required action to protect the public from carcinogenic air emissions from ethylene oxide (EtO) sterilization facilities.

2023 vision 

Now that pandemic lockdowns are behind us (forever, we hope!), we are excited about the opportunity to work with you in person once again!

Priorities for 2023: 

  • Ensuring all coal ash is removed from the Waukegan Generating Station site. It should not be allowed to contaminate Lake Michigan, the source of drinking water for 6 million people in four states.
  • Working to ensure workforce training programs under the Climate and Equitable Jobs Act (CEJA) increase access for marginalized communities and include community-driven approaches that lead to jobs, capital to complete projects, and more.
  • Supporting federal action to protect our community from emissions of ethylene oxide and other harmful chemicals.

To support CPLC’s work, please make a gift today.

CPLC: 2021 highlights

  • Clipping of Chicago Tribune front page
  • Volunteers in Zoom room
  • Volunteers with rainbow "Love Wins" sign
  • Youths with signs at Illinois statehouse
  • Volunteers with trash bags at park
  • Youths at desk in CPLC office
  • Governor Pritzker at Chicago lakefront
  • Dulce Ortiz of Clean Power Lake County
  • CPLC leaders at Chicago lakefront
  • Man with award at Brushwood Center
  • Dulce Ortiz on beach by coal plant

As we reflect on the events of 2021, we feel grateful for—and empowered by—our community and our shared vision to make our world a better place. Clean Power Lake County (CPLC) is proud to highlight some of our recent accomplishments.

February

  • February 7: CPLC co-chair Dulce Ortiz joined the Illinois Environmental Justice Commission as a voting member. The commission advises the Governor and state entities on environmental justice and related community issues.
  • February 8: Four members of CPLC’s steering committee joined a one-day hunger strike to protest the move of General Iron Industries’ metal shredding facility from Chicago’s affluent, predominantly white Lincoln Park neighborhood to Chicago’s predominantly Latino Southeast Side.

April

  • April 15: The Illinois Pollution Control Board adopted rules for closing more than 70 coal ash ponds across the state—including two on Waukegan’s lakefront. CPLC members worked hard to make this happen!
  • April 18: CPLC demanded that President Joe Biden’s administration address the Environmental Protection Agency’s failure to investigate ethylene oxide (EtO) polluters in Lake County—or to warn residents about the carcinogen.

May

  • May 17: “Transparency is key,” said CPLC co-chair Celeste Flores in a Chicago Tribune front-page story about Medline’s failure to report toxic ethylene oxide emissions to the Environmental Protection Agency.
  • May 24: CPLC organized one of several phone banking events supporting the Clean Energy Jobs Act (CEJA).

June

  • June 2: CPLC participated in the Waukegan Pride Drive for the second consecutive year to help celebrate LGBTQ Pride Month. 
  • June 14: CPLC and allies told the Chicago Tribune that toxic waste left behind by coal-fired power plants could endanger drinking water for years to come.
  • June 15: CPLC volunteers journeyed to Springfield to advocate for passage of Gov. J.B. Pritzker’s comprehensive, equitable climate bill.
  • June 17: NRG announced plans to close the coal-fired power plant in Waukegan. “Hundreds of volunteers, thousands of hours, helped make this day a reality,” said CPLC co-chair Dulce Ortiz. 

July

August 

  • August 2: Big win! After meeting with CPLC, the Environmental Protection Agency decided to revise rules for how coal-fired power plants—including the one in Waukegan—can dispose of contaminated wastewater.
  • August 7: CPLC partnered with Illinois Sen. Adrianne Johnson to organize a clean-up at North Chicago’s Foss Park. 

September 

October

  • October 2: CPLC steering committee member Eddie Flores received the Environmental Youth Leadership Award from Brushwood Center at Ryerson Woods. 

December 

  • December 5: CPLC’s fight for clean air, clean water, and healthy soil in Waukegan was the subject of the front-page story in the Sunday edition of the Chicago Tribune. CPLC co-chair Dulce Ortiz and steering committee members Eddie Flores and Karen Long MacLeod were interviewed.
  • December 15-16: CPLC volunteers asked dozens of questions during Midwest Generation’s public meetings on proposed plans to close coal ash ponds on the Waukegan lakefront.  

2022 vision 

This year, we feel all the more energized to accomplish our mission: ensuring clean air, clean water, and healthy soil for every Lake County community member and achieving the self-determination of those disproportionately impacted by environmental pollution.

Priorities for 2022: 

  • Continue pursuing a just transition for the Waukegan coal plant. This means ensuring that coal ash is removed so it cannot contaminate Lake Michigan, the source of drinking water for 6 million people in four states. It also means ensuring proper notification and public engagement if and when the company plans any demolition at the site. 
  • Monitoring efforts to implement the Coal Ash Pollution Prevention Act (signed into law in 2019) to hold coal plant owners accountable for clean-ups.
  • Serving in key working groups to ensure effective implementation of the Climate and Equitable Jobs Act (signed into law in 2021).

CPLC: New Illinois Law Will Help Build Equitable Clean Energy Future

Governor Pritzker at Chicago lakefront
Illinois Gov. J.B. Pritzker signs the historic Climate and Equitable Jobs Act. [Photo courtesy of Celeste Flores]

Illinois’ Climate and Equitable Jobs Act—designed to build an equitable clean energy future for Illinoisans—is now the law of our land.

Clean Power Lake County is proud to have joined fellow members of the Illinois Clean Jobs Coalition as well as Illinois House and Senate leaders in Chicago on Sept. 15 to see Gov. J.B. Pritzker sign the sweeping bill into law.

The Climate and Equitable Jobs Act combines appropriate pollution regulations with equity protections to help establish responsible transition timelines for fossil fuel plants like the one on Waukegan’s lakefront. These equity protections are essential to prevent abrupt retirement announcements that leave no room for planning and force communities to fend for themselves against profit-focused corporate giants. 

Clean Power Lake County has been fighting for nearly a decade to end toxic pollution from the coal-fired power plant in our front yard.

Waukegan deserves a just transition from coal to a clean energy future. And now we will get it: The Climate and Equitable Jobs Act invests $41 million per year in former fossil fuel communities and workers. It will replace lost property taxes, help workers with training, and support equity-focused workforce programs to help communities like ours become part of our clean energy future.

Dulce Ortiz of Clean Power Lake County

For far too long, Black and Brown lives have been sacrificed for the sake of corporate profits. The Climate and Equitable Jobs Act finally stops putting the profits of inefficient and dirty fossil fuels over the health and safety of our Black and Brown sisters and brothers. 

This act addresses the historic inequities of pollution, creates jobs in the communities that need them the most, and invests in projects critical to our communities. Most importantly, we will leave a better community, a better world for our many generations to come, a healthy and clean energy future beyond coal.

—Dulce Ortiz, co-chair of Clean Power Lake County

CPLC Celebrates LGBTQ Pride Month With Waukegan PrideDrive

Car decorated for Waukegan Pride Drive
This year, Clean Power Lake County will make its second appearance in Waukegan’s PrideDrive. In 2020, CPLC and Faith in Place volunteers collaborated on entries. [Image: courtesy Celeste Flores]

As a community organization committed to justice for all people, Clean Power Lake County is pleased to celebrate Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) Pride Month. We gratefully acknowledge the impact that lesbian, gay, bisexual, and transgender individuals have had on local, national, and international history.

To kick off Pride Month, we are excited to participate for the second year in Waukegan’s PrideDrive. Members of our steering committee will decorate a car to show solidarity with the LGBTQ+ community.  

PrideDrive 2021 is Saturday, June 5, from 1 pm to 3 pm. Vehicles will roll out from 269 W. Clayton St., near Jack Benny Plaza in downtown Waukegan. For route information, visit the PrideDrive Facebook page. 

The celebration will continue with an after-party in front of Nightshade and Dark’s Pandemonium Brewing, 216 W. Clayton St. 

The Lake County Health Department (LCHD), Waukegan Main Street and the LGBTQ+ Center of Lake County will fill the streets with friends, fun and pride. 

This event will follow CDC, Illinois Department of Public Health and LCHD social distancing guidelines. 

CPLC: Statement on EPA’s Failure to Protect Lake County Residents From EtO

EPA map of cancer risk levels associated with ethylene oxide in Lake County, Illinois.
Residents of Lake County, Illinois, face elevated cancer risk levels due to ethylene oxide emissions. [Image: US EPA]

Political appointees in the Trump administration blocked the Environmental Protection Agency (EPA) from investigating ethylene oxide (EtO) polluters and prevented staff from warning Lake County residents about the carcinogen, according to a new report issued by the inspector general for the EPA.  

Clean Power Lake County is deeply troubled to learn of yet another example of Trump’s EPA standing with polluters instead of communities. But we are not surprised. 

Although the EPA was aware of the dangers posed by EtO, it buried this information. EPA’s action put tens of thousands of disproportionately Black and brown Lake County community members in harm’s way. The EPA failed in its mission to protect human health and the natural environment by allowing corporations to continue jeopardizing the well-being of our already overburdened communities and exposing us to highly carcinogenic toxins. 

It should not be radical for us to demand a healthy living environment. 

We will hold the Biden administration to its promise to address these findings and demand continuous, independent, fenceline monitoring for EtO in every impacted community across the nation. 

We applaud the Biden administration for creating the Environmental Justice Advisory Council—and we remind council members that tailored action must follow for each EJ community. 

The EPA must provide the necessary support and proper communications to state EPAs and county health departments. This administration must hold the EPA accountable for communicating with local governments and EJ leaders; supporting state, county, and local priorities; and enforcing federal regulations. 

We look forward to continuing to work with Senators Tammy Duckworth and Dick Durbin of Illinois—two of the four members of Congress who requested an investigation into EPA’s handling of ethylene oxide emissions—and all of our elected officials to hold the EPA accountable and to address the many EJ issues our community members face.

For more information: 

CPLC: Statement on Anti-Asian Hate Incidents

In March, thousands participated in protests in Atlanta, New York, and other cities denouncing anti-Asian sentiment. [Jason Leung/Unsplash photo]

As a community organization committed to justice for all people, Clean Power Lake County condemns the troubling trend of violence toward Asian American and Pacific Islander communities.

The mass shootings that killed eight people—six of whom were Asian women—in Atlanta, Georgia, on March 16, are one devastating instance of violence against the Asian American community.

The Stop AAPI Hate Center received 3,795 reports of anti-Asian hate incidents in the United States between March 19, 2020, and February 28, 2021. This number represents only a fraction of the number of hate incidents that actually occur. Still, it shows how vulnerable Asian Americans are to discrimination that ranges from shunning to verbal slurs to physical violence.

Most attacks target the most vulnerable members of the Asian American community. Women report 68% of incidents. Youths (0 to 17 years old) report 12.6% of incidents and seniors (60 years old and older) report 6.2% of the total incidents.

Our hearts are with all of the Asian, Asian American, and Pacific Islander communities.

For information on how you can be an ally to AAPI communities, visit stopaapihate.org/actnow/.

CPLC Stands With Chicago’s SE Side in Hunger Strike Against General Iron Move

Today, four members of Clean Power Lake County’s Steering Committee joined a growing hunger strike to protest the move of General Iron Industries’ metal shredding facility from Chicago’s affluent, predominantly white Lincoln Park neighborhood to the predominantly Latino Southeast Side (East 116th Street along the Calumet River).

Clean Power Lake County co-chair Celeste Flores explains why she, Lupe Bueno, Eddie Flores, and Leah Hartung participated in today’s one-day solidarity hunger strike:

[As residents of] Waukegan, Illinois, we know all too well how environmental justice communities bear the burden of the health and economic impacts from corporate polluters. We stand in solidarity with community members on the Southeast Side of Chicago, who are on the fifth day of their hunger strike.

Fasting is used as a method of protesting injustice. In this case, the injustice is environmental racism—something environmental justice communities experience on a day-to-day basis. Mayor Lightfoot has had plenty of opportunities to stand with the people and not with corporate polluters. Today I am calling on Senators Durbin and Duckworth to intervene before it is too late for the community members they represent. 

Just [as they did with] the community members in Little Village—who in April 2020 experienced the demolition of the Crawford smokestack in the middle of a global pandemic that affects the respiratory system—Mayor Lightfoot and her team have shown over and over again they do not have the best interests of community members in mind when approving permits that favor corporations over people. 

Senator Durbin and Senator Duckworth, it is not enough for you to come out with a statement after the permit is issued. This community deserves to hear you denounce the approval of the General Iron operations permit for the Southeast Side of Chicago, and they deserve it today. We look forward to you choosing to stand with people who live and work in the Southeast Side and holding Mayor Lightfoot accountable for her actions in this beautiful community.

A local teacher and two activists initiated the hunger strike to draw attention to their plight. They have vowed not to eat solid foods until the City of Chicago denies General Iron’s application for an operating permit. (For updates, go to #StopGeneralIron Hunger Strike on Twitter.)

According to a news report in the Chicago Sun-Times, the U.S. Department of Housing and Urban Development (HUD) is investigating residents’ complaints that operation of the car-shredding facility would violate their civil rights.

As far as Clean Power Lake County is concerned, adding yet another polluter to a community already burdened by other industrial companies in the area is unconscionable. 

If you agree, please call on Senators Tammy Duckworth and Richard Durbin to intervene and condemn General Iron’s proposed move.  

CPLC Co-chair Joins Illinois EJ Commission

Dulce Ortiz of Clean Power Lake County in a video clip
Dulce Ortiz, seen here in a 2020 video stressing the urgency of passing CEJA.

Dulce Ortiz, co-chair of Clean Power Lake County, recently was appointed by Gov. J.B. Pritzker to Illinois’ Commission on Environmental Justice. She will serve through September 2022.

Ortiz currently is one of three commissioners who stand for communities concerned with environmental justice. She is the only voting member from Lake County.

The EJ Commission advises state entities and the Governor on environmental justice and related community issues. Members analyze current state laws and policies for their impact on the issue of environmental justice and sustainable communities. They also prioritize areas of the state that need immediate attention.

Voting members include 10 representatives of various state agencies and 14 members of the public.

Gubernatorial appointees include residents of EJ communities, experts on environmental health and environmental justice, and representatives of business, labor, and environmental organizations.

Ortiz has been a leading voice for clean air, clean water, and healthy soil for every Lake County community member—especially those disproportionately impacted by environmental pollution—since 2013.