NEW ALBANY CITY COUNCIL

Executive Session August 3, 2011

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

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

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

RED APPROX. PLANT SITE BOUNDARIES GREEN POTENTIAL INVESTIGATIVE AREAS

ABOUT COAL ASH

December 2008, TVAs Kingston Fossil Plants coal ash impoundment spills 1.1 billion gallons of coal ash slurry into the Clinch & Emory rivers and the community of Kingston, Tennessee

 The Gallagher Generating Station owned by Duke Energy in New Albany, Indiana is ranked 91st in the U.S. generating 260,183.20 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

TOXIC CONTENTS OF COAL ASH

GALLAGHER COAL ASH PONDS

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 Nitrogen Oxides: 3,088 tons Hydrochloric Acid: 2,300,000 lbs. Sulfuric Acid: 79,105 lbs.

(Considered dirtiest coal plant in the U.S. in 2006)

"THE TOLL FROM COAL: AN UPDATED ASSESSMENT OF DEATH AND DISEASE FROM AMERICA'S DIRTIEST ENERGY SOURCE," CLEAN AIR TASK FORCE, SEPTEMBER 2010. Death and disease attributable to fine particle pollution from Gallagher Generating Station
Type of Impact Deaths Heart attacks Asthma attacks Hospital admissions Chronic bronchitis Asthma ER visits Annual Incidence 70 110 1,100 50 42 68 Valuation $510,000,000 $12,000,000 $59,000 $1,200,000 $19,000,000 $25,000

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

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.2368.01, OMB Control No. 2040 NEW AGENCY: Environmental Protection Agency (EPA). ACTION: Notice.

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

CLEAN WATER ACT CITIZEN SUIT PROVISION 33 U.S.C. 1365 : 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

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

CHOICES FOR CITY OF NEW ALBANY

1. Do nothing. 2. Voice an opinion.

3. Be a catalyst.
4. Be a leader.

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

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

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

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

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

POSSIBILITIES

BEFORE

AFTER?

Regional View Plant Site in Yellow

Regional View Plant Site Removed

WHAT NOW?