CPLC Members Call for Stronger Coal Ash Rules

It is part of Clean Power Lake County’s DNA to support state action on toxic coal ash ponds.  So when the Illinois Pollution Control Board (IPCB) held its August hearing on proposed rules for the Coal Ash Pollution Prevention Act, we were there to call for stronger rules. 

Why was that important? Because the groundbreaking Coal Ash Pollution Prevention Act provided an important framework for addressing toxic coal ash waste (see CPLC Celebrates as Governor Signs Milestone Coal Ash Cleanup Bill Into Law) and a rulemaking process. However, it did not establish enforcement standards. Instead, it tasked the Illinois Environmental Protection Agency (IEPA) with drafting the actual rules for enforcing the law. 

The August hearing was IEPA’s first opportunity to testify in defense of its proposed rules. It also was the first time that industry representatives, environmental groups, and other public stakeholders could ask IEPA about the proposed rules.

Several Clean Power Lake County members—including folks who participated in IEPA coal ash listening sessions in Waukegan last September—made virtual statements during the public comment periods of the August hearing. 

Mary Mathews represents the League of Women Voters of Lake County, a coalition member of Clean Power Lake County. Mathews demanded strict measures for coal ash: “In order to protect the groundwater’s chemical integrity, rules for cleanup and closure of coal ash sites must provide permanent protection from coal ash pollution.”

She also stressed the importance of public participation in the decision-making process: “The public has the right to know about pollution levels, dangers to health and environment, and proposed policies and options. Accordingly, the rules should include expanded outreach and require that opportunities, materials, and documents be made available to non-English speaking stakeholders. Additionally, hearings should be held in easily accessible locations, at convenient times, and, when possible, in the area concerned.”

Leah Hartung, an intern for Clean Power Lake County, stressed that improper coal ash management makes drinking water unsafe: “Since groundwater monitoring began in 2010, the groundwater at the Waukegan power plant has been found 400 times to have the contaminants related to coal ash above allowable levels. This is unacceptable. Safe drinking water is a human right, not a privilege.”

When IPCB holds its September 29-October 1 hearing—its second and final hearing on the proposed coal ash rules—Clean Power Lake County members will be there once again. We will stress the importance of adopting the strongest possible rules to protect us and residents of other communities burdened by coal ash pollution. 

Here’s how you can help: Email your comments to Clerk of the Board Don Brown by October 15.

Want background information to use to prepare written comments? Download Coal Ash Rulemaking Document by Prairie Rivers Network and Coal Ash Backgrounder by Earthjustice.

Illinois has the highest concentration of coal ash impoundments in the country.

There are two unlined coal ash ponds at the NRG Energy coal-fired power plant on Waukegan’s lakefront.

CPLC Celebrates as Governor Signs Milestone Coal Ash Cleanup Bill Into Law

The NRG Energy coal-fired power plant on Waukegan’s lakefront has two unlined coal ash ponds. [Lisa Long/CPLC photo.]
For years, Clean Power Lake County has called for state action on toxic pollution from two unlined coal ash ponds at the NRG Energy coal-fired power plant on Waukegan’s lakefront. On July 30, 2019, our calls were answered as Gov. J.B. Pritzker signed SB9, the Coal Ash Pollution Prevention Act, into law.

The most significant step to protect clean water in years, the new law will result in stronger rules for coal ash cleanup, fund cleanup programs, and require companies to set aside money to close and clean up coal ash ponds.

“This is a great win for coal ash communities, especially for Waukegan residents that have been continuously affected by corporate polluters,” said Dulce Ortiz, co-chair of Clean Power Lake County.

“The governor is putting the State of Illinois in a good trajectory in signing SB9 into law, by sending a message that environmental justice communities across the state are being put before profitable industrial polluters like NRG Energy. Waukegan residents commend Gov. Pritzker and our state legislators for making SB9 into law. Our land is our children’s future and we look forward to the State of Illinois continuing to strengthen protections for our vulnerable environmental justice communities,” she added.

The Lake County News-Sun published a nice summary of the law’s potential impact on Waukegan.

The groundbreaking bill addresses the many waste pits filled with coal ash, the toxic byproduct of burning coal, located all over the state:

  • Creates a regulatory framework to ensure polluters, not taxpayers, pay for needed closure and cleanup.
  • Guarantees public participation and transparency around cleanups for affected communities.
  • Provides the Illinois EPA the funds it needs to properly oversee closure and cleanup.
  • Requires Illinois to put in place standards for coal ash impoundments that are at least as protective as federal coal ash rule requirements, with additional protections against dust and water pollution.

Now the Illinois Environmental Protection Agency (IEPA) will begin writing and proposing draft rules. The Illinois Pollution Control Board will finalize the IEPA rules.

Read about the requirements for the new coal ash regulations.

“Illinois joins other states that are putting residents’ health before industrial polluters’ profit. We look forward to working with IEPA to engage communities most affected by coal ash in the rulemaking process,” said Celeste Flores, co-chair of Clean Power Lake County and Lake County Outreach Director for Faith in Place.

Once again, we thank the many Lake County elected officials who supported this important legislation: State Senators Melinda Bush, Terry Link, and Julie Morrison; and State Representatives Rita Mayfield, Joyce Mason, Dan Didech, Mary Edly-Allen, Bob Morgan, and Sam Yingling.

 

CPLC Celebrates Passage of Landmark Legislation to Clean Up Coal Ash

Coal ash pollution seeps into the Vermilion River in central Illinois. [Prairie Rivers Network photo]

Clean Power Lake County joined a dozen statewide and regional partner organizations on May 28, 2019, in celebrating the passage of SB9, The Coal Ash Pollution Prevention Act, by the Illinois Legislature. The bill now heads to the desk of Gov. J.B. Pritzker for signature.

The groundbreaking bill addresses the many waste pits filled with coal ash, the toxic byproduct of burning coal, located all over the state:

  • Creates a regulatory framework to ensure polluters, not taxpayers, pay for needed closure and cleanup.
  • Guarantees public participation and transparency around cleanups for affected communities.
  • Provides the Illinois EPA the funds it needs to properly oversee closure and cleanup.
  • Requires Illinois to put in place standards for coal ash impoundments that are at least as protective as federal coal ash rule requirements, with additional protections against dust and water pollution.

Illinois — which has the highest concentration of coal ash impoundments in the country — now is the third state in the country to pass legislation providing significant coal ash protections above and beyond federal requirements. Virginia and North Carolina also are addressing coal ash through state-level legislation.

The NRG Energy coal-fired power plant on Waukegan’s lakefront has two unlined coal ash ash ponds.

“The passage of SB9 out of the general assembly is a historic step forward for environmental justice communities across the state, like Waukegan,” said Dulce Ortiz, co-leader of Clean Power Lake County. “Environmental justice communities still have a long fight to assure community members have the basic human right of breathing clean air and drinking clean water. We call on Gov. Pritzker to prioritize the voices of a community like Waukegan and protect them from polluters like NRG Energy.”

“The passage of SB9 is a historical win for environmental justice communities throughout our state,” said Celeste Flores, with the Faith In Place Action Fund and co-leader of Clean Power Lake County. “People of faith across Illinois applaud the leadership of our elected leaders in the Senate and House for taking action on coal ash contamination of our land and water and implore the general assembly to continue to hold polluters accountable for injustice, oppression, and environmental degradation.”

The Illinois EPA has found groundwater contamination from coal ash waste sites dating back to 2009. A 2018 report from environmental groups Environmental Integrity Project, Earthjustice, Prairie Rivers Network and Sierra Club analyzing data collected by ash dump owners under the federal coal ash rule found that 22 of 24 of Illinois’ reporting coal ash dump sites have unsafe levels of toxic pollutants in the groundwater.

We thank the many Lake County elected officials who supported this important legislation: State Senators Melinda Bush, Terry Link, and Julie Morrison; and State Representatives Rita Mayfield, Joyce Mason, Dan Didech, Mary Edly-Allen, Bob Morgan, and Sam Yingling.

We also thank everyone who signed petitions, made phone calls, and visited your elected officials. We are stronger together.