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T
a ge OR
-P EP THURSDAY, SEPTEMBER 26, 2002
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ECI
SP
LANDFILL
by the Kentucky Natural Resources and Envi- ‘‘The state’s position is absurd,’’ countered COUNTY 80
ronmental Protection Cabinet to install a syn- lawyer Tom FitzGerald, director of the envi- Pikeville
thetic liner. ronmental group Kentucky Resources Coun-
The result of a legal challenge from local cil, who, along with attorney Michael deBour- 80
residents, the liner was intended to prevent bon of Pikeville, helped negotiate the order. 80
contaminants in the ash from getting into the The state should have forced the company
Levisa Fork of the Big Sandy River, which to extend the liner, FitzGerald said. Hazard Louisville
supplies drinking water to Pikeville in neigh- ‘‘Our assumption was that liner would be
AREA
boring Pike County. extended if the facility was expanded,’’ Fitz- ENLARGED
Costain Coal, now operating as Lodestar Gerald said.
Energy, installed the liner in Stratton Branch At the very least, state officials could have
hollow and piled ash on it during the first informed the Kentucky Resources Council or BY STEVE DURBIN, THE C-J
stage of its dumping. deBourbon of the situation so local residents
But when it ran out of room and moved into could have had a chance to request a liner for
the second stage, the company placed ash di- the dump’s second phase, FitzGerald said. awareness that ash landfills can cause
rectly on bare ground farther up the hollow. Records on file in Frankfort show that state groundwater pollution problems, Gilbert said,
State regulators did nothing to stop the officials are coming around to FitzGerald’s adding that he’s not aware of such a problem BY STEWART BOWMAN, THE COURIER-JOURNAL
dumping of ash beyond the liner because the position that a liner is needed for the entire at the Ivel fill. Bill Justice, a Lodestar Energy engineer, stood atop coal ash at a landfill in Ivel, Ky., that
original order only covered the first stage, landfill. The plan will leave some ash in direct con- the company plans to expand. ‘‘We’ve been here eight years, and no problems,’’ he said.
said George F. Gilbert, a high-ranking envi- In July 2001, Lodestar applied for a permit tact with the ground. The state doesn’t know
ronmental engineer in the cabinet. to extend the life of the ash landfill to 40 how much ash rests on bare earth, Gilbert Chapter 11 bankruptcy protection, has found a that’s on bare ground, said Bill Justice, an en-
That order, through the cabinet’s Office of years from about 12 years. It intends to dump said, because the company’s permit did not replacement for $3.4 million in environmental gineer with Lodestar.
Administrative Hearings, required that the lin- a total of 14.7 million cubic yards of ash on 71 require such accounting. performance bonds that the state considered But Justice said that neither the original lin-
er extend only so far up the hollow, Gilbert acres, piled 600 feet high at its deepest point. Groundwater monitors around the landfill at risk of default, York said. er nor the planned new one, to be constructed
said. It was signed by representatives of local The state intends to require the company to will be able to detect pollution if it occurs, Lodestar is working to secure the new at a cost of $20 million, are needed because
residents, the cabinet and the company, al- install a liner under all ash that will be York said. bonds as part of its reorganization, said Mike the ash is environmentally benign.
though never written into the company’s sepa- dumped after the permit is approved, said No decision will be made on Lodestar’s pro- Francisco, a Lodestar vice president. ‘‘We’ve been here eight years, and no prob-
rate waste management permit. Mark York, spokesman for the cabinet. posed landfill expansion until the Pikeville- The landfill expansion will be engineered to lems,’’ he said. ‘‘I don’t expect that to
‘‘I assumed all parties knew that only the In the past decade, there’s been a growing based company, which is operating under minimize any potential effect from the ash change.’’
THURSDAY, SEPTEMBER 26, 2002 — A18
RECYCLING
A ROUND-TRIP DEAL
COAL ✖
COMBUSTION ASH PONDS
WASTE
DISPOSAL ✖ ASH LANDFILLS
ASH MINE-FILLS
Coal-fired power I N D I A N A
plants dispose of ash
and other
combustion wastes in
settling ponds and Source: Indiana Department of
landfills, and Environmental Management and
ver
Kentucky Natural Resources and
sometimes by Environmental Protection Cabinet
sh Ri
sending it to old
strip mines.
Waba
MAP BY STEVE DURBIN,
THE COURIER-JOURNAL
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ive
eR
✖
it
Wh
✖ ✖
✖
✖
✖ Kentucky
Ri hio
✖ River
r
ve
O
Louisville ✖ Big Sandy
BY DURELL HALL JR., THE COURIER-JOURNAL
‘‘Agencies that are supposed to protect the public interest didn’t,’’ said Phyllis DaMota, whose well water in
✖ ✖ River
Pines, Ind., was ruled unsafe to drink. Her home is within sight of a landfill where tests have found high levels
✖
of boron, which can be toxic. The Environmental Protection Agency is supplying her with bottled water.
✖✖ K E N T U C K Y ✖
✖
Ash from coal-fired plants ✖
✖
Green
River Cumberland
River
✖
1,093,235
When water was tested from a have done so was reversed after in-
ditch that flows next to the landfill, it Indiana lawmakers have granted dustry lobbying.
Indianapolis
4,293,320
showed considerably higher levels of these legislatively defined ‘‘beneficial EPA officials still intend to propose
pollutants than water tested upstream reuses’’ of ash a complete exemption
from environmental laws, said Bruce a national rule on ash disposal to
from the landfill, he said.
270,364
254,806
320,000
185,942
150,804
148,908
292,388
274,072
205,261
Palin, deputy assistant commissioner make sure that states follow a set of
‘‘A coincidence? I don’t think so,’’ minimum protections, Ruddy said.
for the Indiana Department of Envi-
Theisen said. Louisville ‘‘We’re trying to keep track of
ronmental Management’s Office of
The company that owns the land-
0
BY STEVE DURBIN, THE C-J Land Quality. where you put it for future genera-
fill, Brown Inc. of Michigan City, de-
Palin said he knows of no abuses. tions,’’ he said. ‘‘We’re trying to pre-
clined to comment for this story. Re-
Robl, associate director of the Univer- In Kentucky, power plants must re- vent future problems.’’
gina D. Biddings, a spokeswoman for
sity of Kentucky’s Center for Applied ’89 ’90 ’91 ’92 ’93 ’94 ’95 ’96 ’97 ’98 ’99 ’00 ’01 ’02* GRAND port once a year how much of their He acknowledged that the rules
the NIPSCO power plant that sent ash TOTAL
Energy Research, which works close- *1st quarter ash goes to beneficial uses and identi-
to the landfill, said her company was might call for long-term monitoring of
ly with industry. ‘‘No, we are not, fy them.
cooperating with the EPA team. INDIANA DEPARTMENT OF NATURAL RESOURCES BY DEVON MORGAN, THE C-J
But there’s no requirement that ash landfills and places where ash is
‘‘If the landfill is contributing to the and is the material hazardous? Not dumped in strip mines.
really.’’ power plants, haulers or building con-
community’s groundwater problem, tractors file any advance notice so With mine-filling, he said, the gov-
the company will work with the land- However, environmentalists and COAL ASH RESEARCH regulators can make sure the dump- ernment may require companies to
fill operator, the community and state other scientists — typically biologists Research on tadpole development in coal ash ponds at the University of
or ecologists — point to a variety of ing follows proper engineering princi- post environmental performance
and federal agencies to find the best Georgia Savannah River Ecology Laboratory has linked deformities with ples and is not merely being done to
resolution,’’ Biddings said. sites where ash has been blamed for bonds that extend for decades, ensur-
heavy metals in the water. avoid the cost of using a landfill. ing a pot of money to pay for future
The state of Indiana earlier this polluting water and in some cases
harming aquatic life. There’s also no requirement that remediation.
year proposed placing contaminated the companies obtain a permit that
sections of the town on the nation’s With two other researchers, Wil- NORMAL DEFORMED Originally, the EPA promised it
liam Hopkins of the University of assures the construction fill will be
Superfund list of most toxic places. would release the draft rules next
‘‘I’m upset about the whole situa- Georgia’s Savannah River Ecology TADPOLE TADPOLE designed to prevent pollution.
Hancock County Judge-Executive year. It has since moved the deadline
tion,’’ said teacher Phyllis DaMota, Lab recently completed a survey of back to early 2004 because of a need
Jack B. McCaslin discovered how
who can easily see the privately more than 300 reports on ash ponds
loose the beneficial-use regulations for additional analyses, he said.
owned landfill from her front yard and animal toxicity for the EPA.
were last year, when a constituent Indiana’s Natural Resources Com-
and whose well water was the first to According to Hopkins, ash-settling complained about ash dumped on
be deemed unsafe to drink. ‘‘Agencies ponds can be problematic for indig- mission in July preliminarily ap-
eight acres of rural land in his West- proved the state’s groundwater pro-
that are supposed to protect the pub- enous aquatic organisms and those ern Kentucky county.
lic interest didn’t.’’ that use these sites seasonally. The property was being filled so tection standards. The DNR also an-
Activist Jan Nona, a retired steel ‘‘By building these large contami- the landowner could put up a storage nounced it will seek a per-ton charge
mill secretary, said the lesson of her nated wetlands, power plants are ac- building, McCaslin said. for ash dumped in old strip mines to
town of 790 people is that communi- tually attracting wildlife away from But the ash pile looked like an open raise money for future environmental
ties need to be vigilant about where surrounding uncontaminated sites,’’ dump to him, so he contacted the en- cleanups if they’re needed.
coal combustion waste goes and how he said. vironmental protection cabinet. The
Coal combustion waste refers to The groundwater standards also
it’s monitored. cabinet stepped in and stopped West-
‘‘If someone thinks ash can’t cause several kinds of ash and other materi- Top view Underside may force restrictions on ash ponds,
ern Kentucky Energy, filing a notice said Tim Method, deputy commission-
problems, I’ve got a bridge to sell als, including cinders, slag and bot- of violation.
them in San Francisco.’’ tom ash collected at the bottom of the SOURCE: UNIVERSITY OF GEORGIA SAVANNAH RIVER ECOLOGY LABORATORY er for the Indiana environmental
The fill was too large in relation to
The EPA two years ago stopped boilers; fly ash collected from flue BY DEVON MORGAN, THE COURIER-JOURNAL the size of the building, said Ron Gru- management department.
short of declaring coal ash a hazard- gases; and sludge from scrubbers de- zesky, environmental engineering ‘‘We are going through a process to
ous waste. The agency is developing signed to remove sulfur dioxide — a hodgepodge, even within states. questions about mine-placement of branch manager in the cabinet’s Divi- identify any activities that currently
disposal standards that are scheduled cause of acid rain — from air emis- Consider that Kentucky — which ash to Nat Noland, president of the sion of Waste Management. are not regulated or are under-regu-
to be released in early 2004. sions. now says that new ash or scrubber Indiana Coal Council. LG&E Energy, the parent company lated,’’ Method said. ‘‘Ash ponds
The regulators’ task won’t be easy, The environmental questions arise sludge landfills most likely will need It’s important that Indiana coal of Western Energy, said in a letter
from other natural elements in ash — would fall on that list.’’
though. Despite the situation in Pines, state-of-the-art plastic liners, water companies be allowed to return ash to from its legal staff to state officials
there remains a contentious debate small amounts of heavy metals or The moves address only some of
collection systems, and pollution mines, because some power compa- that it had done nothing wrong with the critics’ concerns.
over the threat posed by coal ash. metal-like substances, such as boron, monitoring wells — permits power nies don’t have enough space for the the Hancock County ash. The com-
Industry leaders describe coal com- selenium, arsenic and manganese. companies to put ash in ponds with pany said the Hancock project was The coal industry will likely fight
material, Noland said.
bustion waste as environmentally be- The effects of ash may be subtle or no plastic liners and has no require- This is something that Illinois al- like many others the state allowed. any tax on ash disposal, said Noland
nign or nearly so. drastic, from changes in blood chem- ment for groundwater monitoring lows, and Indiana coal companies The company later decided not to of the Indiana Coal Council.
‘‘There are some very legitimate istry to birth defects to death, Hop- near or beneath the empoundments. need an even playing field with its proceed with the project, said Caryl ‘‘We are so close to seeing what the
concerns in certain situations, but kins said. Kentucky does require power competitors across the state line, he Pfeiffer, environmental affairs direc- EPA is going to recommend to the
generally there should not be concern Most of the evidence of harm to plants to test the effluent from ash said. tor for LG&E Energy. states,’’ he said. ‘‘To get ahead of the
for heavy metals (washing) out of wildlife came from eight power plant ponds for toxicity to fish. Indiana In addition, the practice has proved McCaslin said the state never
sites in such states as North Carolina, EPA at this point does not make a lot
coal ash,’’ said Bill Caylor, executive does not. to be safe, Noland said. would have known about the dump-
director of the Kentucky Coal Associ- Texas and Wisconsin, Hopkins said. of sense.’’
Randy Bird, project consultant for Indiana Department of Natural Re- ing if he hadn’t called. ‘‘I know we
ation. ‘‘This public fear of heavy met- None of the studied sites were in Ken- Lexington-based EnviroPower, dis- Kentucky’s environmental protec-
sources officials agree with Noland’s gotta have power. But I think the state
als is blown out of proportion.’’ tucky or Indiana. agreed that the liner for the com- needs to get a better handle on this tion has called for several changes,
An internal EPA document from assessment. among them:
However, the critics are moving at pany’s Kentucky Mountain Power stuff.’’
March 2000 concluded there were 11 The relatively impermeable soil on
least some in government to suggest plant in Knott County was necessary. State officials agreed with McCas- Ω The establishment of statewide
cases of proven water pollution from the bottom and sides of the strip mine
that coal ash needs to be treated with ‘‘We agreed to line it just to expe- lin’s assessment. groundwater standards.
coal waste in the United States — pits will slow the movement of any
more caution. dite our permitting process. We didn’t Absent a permit-approval process,
‘‘Even though certain regulations with none in Kentucky or Indiana. potential contaminants, said Bruce Ω Groundwater monitoring at all
feel like we wanted to fight the bat- Stevens, director of the DNR’s Divi- sometimes inspectors must rely on
are on the books, are they protec- Environmental groups and scientists tle.’’ tips from the public or local officials, ash ponds.
tive?’’ asked Bob Logan, commission- hired by them as consultants maintain sion of Reclamation. Ω Greater scrutiny of ash when
Kentucky also prohibits the place- ‘‘We look and see where people’s said Bill Burger, manager of the
er of the Kentucky Department for there are dozens more cases, includ- ment of ash in strip mine pits within waste management division’s field op- used as construction fill, including
Environmental Protection. ‘‘We have ing several in Indiana. drinking-water wells are,’’ Stevens
four feet of the water table — a law said. ‘‘We are going to err on the side erations branch. groundwater monitoring.
always had a question. Is this material Much of the problem involves older that has virtually prevented the prac- As a remedy, the agency has re-
landfills or ponds, where ash has of caution.’’ Patton administration officials have
what it’s supposed to be?’’ tice. cently recommended that power
been exposed to water for many The well shared by Zink and the little hope that the General Assembly
But it’s a different story in Indiana, plants and their haulers come to it
Where’s the harm? years, said Donald S. Cherry, a pro- where filling mines with ash has Divelys ‘‘is a mile away from the will tighten the rules on coal ash. Too
first with their construction fill plans
Typically, power plants put their fessor of aquatic ecotoxicology at Vir- raised the hackles of environmental- nearest mining,’’ Stevens said. ‘‘Their — even if the law doesn’t require it. many people in Kentucky think envi-
ash in landfills or settling ponds. In- ginia Tech University, who conducted ists and some residents since the state well supply won’t be impacted.’’ ‘‘For the majority of cases, individ- ronmental regulations have gone too
dustry officials say this is designed to research for the Indianapolis-based authorized the practice in 1988. The But Roland Baker, a neighbor, said uals are coming to us ahead of time,’’ far and are too costly, said Logan, the
keep pollution from getting into the Hoosier Environmental Council. ash can be dumped by itself or mixed nobody is worried about the wells go- said Robert Daniell, director of the environmental protection department
environment. ‘‘The longer the fill sits there with dirt directly in the water table, ing bad in just a year or two. ‘‘It may waste management division.
not take until our grandkids,’’ he said. commissioner. So his cabinet is look-
At Cinergy’s Gallagher plant in through time, there will be seepage and with no long-term monitoring or Using ash for construction fill is a ing at what can be done within exist-
New Albany, Ind., for example, com- down-gradient,’’ Cherry said. ‘‘It’s long-term financial assurances that ‘‘But by then, nobody will be respon- legitimate practice and one that the
pany environmental managers point just a matter of time.’’ sible.’’ ing laws, he said.
future pollution problems will be cor- EPA wants to encourage, said Dennis
visitors to an egret that is fishing in rected. Ruddy, the EPA’s point person on Regulators may not need to look
one of two ash ponds, and say the States set own rules This worries Perry and Linda Dive-
Construction fill further than the state’s new power
coal waste issues. But that’s only if
ponds, which drain into the Ohio Riv- For 25 years, the EPA has exempt- ly, and their neighbor, Ethel Zink. concerns ash is tested in advance for potential plant siting law, which requires great-
er after ash has settled to the bottom, ed coal ash from its ‘‘hazardous The three share a drinking-water Environmentalists are also worried toxicity, and if its placement is engi- er scrutiny of new power plants.
are coexisting well with nature. waste’’ definition. This decision, well near the Black Beauty Coal Co. about one increasingly popular use of neered to minimize its contact with ‘‘The legislature made it clear that
‘‘We’re monitoring so many of which it ‘‘tentatively’’ reaffirmed two mine in southwestern Indiana near Pi- ash as construction fill. water, he said. if (new) plants are going to site here
these facilities, and they’re showing years ago, exempts the ash from more mento, south of Terre Haute. Black Kentucky and Indiana allow any ‘‘If you back up a dump truck and in the state, they will be expected to
no impact,’’ said R. James Meiers, restrictive and expensive disposal Beauty has one permit to dump ash volume of ash to be used this way, fill up a hollow with no pre-planning pay the full cost of doing business
coal combustion waste expert for Cin- methods, including detailed tracking and is seeking a second one. requiring neither liners nor ground- and engineering . . . that is what we
ergy Power Generation Services. of waste shipments, special liners and ‘‘If we don’t have water, we’re not water monitoring. here,’’ said Tom FitzGerald, director
are trying to avoid.’’
Some scientists back the industry’s long-term pollution monitoring. going to have anything here,’’ Zink Some cities, with rugged terrain of the environmental group Kentucky
assertions. The absence of federal regulations said. ‘I’ve never heard anything good and few buildable flat surfaces, are An eye to the future Resources Council, who helped write
‘‘You get the impression we are leaves each state to set its own rules about ash.’’ grateful for what amounts to free or EPA officials came close to classify- the bill. ‘‘They can’t shift those costs
drowning in the stuff,’’ said Tom for disposal. The result is a regulatory Black Beauty officials referred nearly free construction material from ing ash destined for landfills, ponds . . . by undermanaging their wastes.’’
THURSDAY, SEPTEMBER 26, 2002 — A24
MA
IN
ST
EA
M
Turbine
A device consisting of fan-type blades attached to a shaft that is spun by expanding
steam, converting the kinetic energy of the steam into mechanical energy.
NEW TECHNOLOGY
PROPOSED VIGO
SULLIVAN IN D IAN A
COAL-FIRED MASON
POWER PLANTS
PIKE
Louisville
MARTIN
CLARK
HENDERSON
Source: Indiana ESTILL
Department of
Environmental K EN TUC K Y KNOTT
Management and
Kentucky Natural MUHLENBERG
Resources and MARSHALL BY CHRIS HALL JR., SPECIAL TO THE COURIER-JOURNAL
Environmental A worker last month loaded gypsum for transport from the Louisville Gas & Electric plant in Bedford, Ky. The plant
Protection Cabinet
BY STEVE DURBIN, THE COURIER-JOURNAL produces a synthetic gypsum using calcium sulfate waste from the plant’s scrubbers.