INDIANAPOLIS — Duke Energy has a plan to dispose of millions of gallons of coal ash waste, but environmental groups are asking policy makers to reject it, saying it poses a health hazard.

Indiana is requiring Duke to prepare closure plans for 20 coal ash lagoons, many of which are leaking and are in the Wabash and Ohio River floodplains. These lagoons aren't lined, and Duke has proposed a plan to "cap in place" in some areas, and to excavate in others, and the company calls those plans "clean closures.

But Earthjustice attorney Jenny Cassel said there would be no barrier between the ash and the shallow aquifers that adjoin the rivers. She described that a prescription for pollution, just as Duke experienced in North Carolina in 2014 when the utility caused a massive spill of coal ash wastewater into a 70-mile stretch of the Dan River.

"Folks saw what happens when you leave unstable, dirty leaching ash ponds right next to a river,” Cassel said. "They saw exactly what the threat of that is, and decided that they weren't going to stand for it in North Carolina. And I think we need to absolutely do the same thing in Indiana."

Cassel said one option preferable to Duke's "cap in place" plan is to excavate the ash and transfer it to dry, lined landfills away from streams and rivers. Duke says it is doing that, as well as excavating at plants in both North Carolina and South Carolina.

The Indiana Department of Environmental Management will consider Duke's plan within the next couple of months.

Waterkeeper Alliance attorney Pete Harrison said Duke should have learned from its mistakes, but instead the company wants to drain the coal ash ponds and walk away while the toxic waste sits beneath the state's water tables. He predicted it will endanger people, fish and the rivers for decades to come.

“It comes down to a question of Duke Energy's attempts to pinch pennies and help its bottom line,” Harrison said. “But our position is, let's get it right now and deal with this, so we're not dealing with it for the next ten, 20, 30, 100 years."

Cassel added the state should require safer technology.

"They can't let it stand that Duke would plan to just throw some dirt and potentially a liner on the top of the ash that's sitting in the water table, soaking wet - that they're not going to stand for their water to be polluted here in Indiana,” she said.

Duke said closing ash basins requires 30 years of groundwater monitoring and that its plans are based on extensive engineering and scientific studies by independent experts for each basin.

More information is online here.


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The Iowa Environmental Council has petitioned the Environmental Protection Agency to invoke emergency powers to protect sensitive soil and groundwater in northeast Iowa.

The council is holding a public webinar today and wants the EPA to address groundwater contamination in northeast Iowa's so-called Driftless region. The groundwater there has a well-documented history of nitrate contamination.

Alicia Vasto, director of water program for the council, said the highly porous and soluble karst soil prevalent in the region is susceptible to contamination from centralized animal feeding operations.

"We did some analyses of private well data and public water systems and found that there was a lot of contamination of nitrate in those drinking water sources," Vasto reported. "The state has really failed to take action meaningfully that would address those problems."

The state has said it is constantly working to upgrade groundwater quality standards and is in the process of taking public input on creating yet another set of rules.

Vasto emphasized since the state has failed to address the water safety concerns for decades, the council and a coalition of other environmental groups have, in effect, gone above the state's head to the EPA, asking the agency to implement an emergency stop gap on nitrate pollution the way the agency did in neighboring Minnesota last year.

"We're asking that at, at minimum, the EPA would require the state of Iowa to do what they required the state of Minnesota to do under the same petition," Vasto explained. "Because the geology of northeast Iowa is the same as of southeast Minnesota."

The council's recommendations include calling on the EPA to create a communications plan with residents whose water could be at risk, create a drinking water sampling plan, and establishing a thorough permitting process for centralized animal feeding operations.


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A Knoxville-based environmental group is advocating for the Radiation Exposure Compensation Act expansion, currently awaiting House approval.

It would provide compensation to more states such as Tennessee for radiation exposure from U.S. government nuclear activities such as weapons testing and uranium mining.

Tanvi Kardile, coordinator for the Oak Ridge Environmental Peace Alliance, said the current act fails to compensate Tennesseans exposed to nuclear waste from the Y-12 weapons complex, a significant part of the Manhattan Project.

"This expansion bill does extend compensation to people in Tennessee," Kardile acknowledged. "It will directly affect us because it would allow people here to receive that compensation for being exposed to radiation from nuclear waste, which is a big issue here. "

Uranium miners, millers, and ore transporters may be eligible for a one-time payment of $100,000. The law would create a grant program for the study of epidemiological research. The research would focus on how uranium mining and milling affects the health of people directly involved, such as the families of miners and millers.

Kardile emphasized the importance of Tennesseans collaborating with lawmakers to work on expanding the Radiation Exposure Compensation Act since the existing program expires in less than sixty days.

"The Speaker of the House, Mike Johnson, has to bring up the vote in the House, and he hasn't done that yet," Kardile noted. "He has to bring it up by June, which is when RECA is set to expire. So we do want to urge people to call Speaker Mike Johnson."

Kardile added the U.S. Senate passed the reauthorization of The Radiation Exposure Compensation Act on March 7. However, current benefits are limited to specific regions, excluding areas affected by events such as the Trinity atomic test in New Mexico.

The State of Arizona has received $156 million to invest into solar systems for Arizona families.

Adrian Keller, Arizona program director for the nonprofit Solar United Neighbors, said the group is "thrilled" about the grant made available through the federal solar policy known as Solar For All. The policy sets out to expand or create new low-income solar programs, which the Environmental Protection Agency claims will enable more than 900,000 homes across the nation to benefit from.

Keller expects the funding will help between 10,000 and 11,000 Arizona families.

"These are all low- to middle-income families," Keller pointed out. "The state is projecting somewhere around 61 megawatts of new solar throughout the state of Arizona and there are a bunch of different funding pools and mechanisms to make sure that this funding is disbursed equitably and throughout communities in the state, not just hitting certain metro areas."

Despite Arizona ranking second for solar energy potential in the nation, Keller acknowledged there are still many in the Grand Canyon State who would like to transition to solar but cannot afford to do so. He stressed the federal funds are a step in the right direction. He added through the Greenhouse Gas Reduction Fund, Solar for All will allocate $21 million to support clean-energy job creation and train workers.

Keller argued while there are significant federal dollars flowing into Arizona for solar systems and incentives, some of the state policies around solar energy are lackluster. Keller noted the Arizona Corporation Commission is in the process of determining how rooftop solar customers in the state will be compensated, but could end up lowering bill credits.

"We're kind of in this interesting place with the current landscape of solar in Arizona," Keller explained. "In some ways it's really good, because we've got these great federal policies, but at the same time the state is sending mixed signals, particularly the corporation commission about the value of solar in Arizona."

Keller considers Solar for All to be a "transformative opportunity" to change the narrative surrounding solar-energy accessibility and added his organization is eager to partner with the state to start rolling out the program later this year. He said 300 rural households will also benefit from solar plus battery systems for their homes, protecting them from electricity service disruption.