With legislation pending in the Illinois General Assembly to govern coal ash, and proposed U.S. Environmental Protection Agency (EPA) rules under consideration to regulate both coal ash and Ethelyn Oxide (EtO), a local sense of urgency is growing with changes coming in Washington, D.C.
For nearly three years, state Rep. Rita Mayfield, D-Waukegan, pushed legislation to require NRG to remove rather than fill the two coal ash ponds at its decommissioned Waukegan electrical power plant.
After Illinois enacted legislation in 2019 regulating EtO, Medline Industries began taking measures to reduce emissions at its Waukegan plant, and Vantage Specialty Chemicals did the same in its Gurnee facility. The EPA began taking a closer look at Lake County over the summer.
Appointing former U.S. Rep. Lee Zeldin, D-N.Y., to head the EPA on Nov. 11, President-elect Donald Trump promised “fair and swift deregulatory decisions” under Zeldin’s tenure, prompting Mayfield to work harder on her legislation between now and then.
“It’s important to do something now before Jan. 20,” she said, referring to Trump’s inauguration date. “This is about protecting Lake Michigan, and that affects drinking water in Michigan, Illinois, Wisconsin and Indiana. Now it’s much more important than ever.”
Local officials and activists feel a sense of urgency now to deal with the quality of Lake Michigan water, and the air in northeast Lake County, with the prospective regulations from the EPA dimming.
State Sen. Adriane Johnson, D-Buffalo Grove, said in a text Illinois has already taken steps to deal with the risks from EtO and coal ash and will continue its mission, regardless of changes at the federal level.
“While environmental challenges remain, we are committed to mitigating the exposure risks and protecting Illinois water and (air) quality, and ensuring affected communities are heard and supported throughout that process,” Johnson said in the text.
After NRG announced nearly three years ago it was going to remove one of the two coal ash ponds and cap the other — it subsequently changed its plans to cap both — Mayfield introduced a bill in the 102nd General Assembly to force removal which passed the Senate and stalled in the House.
When the 103rd General Assembly convened in early 2023, Mayfield posed her bill again and said she remains five votes short. Some of her Democratic colleagues fear it could cause coal-fired power plants in their districts to close, putting people out of work.
Mayfield said she hopes to get it done in January’s lame duck session which convenes a few days before the 104th General Assembly takes office.
“More things get passed in the lame duck session,” Mayfield said. “I will be making a strong effort to flip those no votes. They’re all Democrats. There is no bipartisan support for this.”
Ann Duhon, a spokesperson for NRG, said in an email all actions taken by the company for its Midwest Generation power plant in Waukegan are subject to state and federal regulations.
“NRG has a strict policy to comply with the laws and cannot make a unilateral decision to remediate the coal ash without state and federal regulatory approval,” Duhon said.
Celeste Flores, a co-chair of Clean Power Lake County, said her organization continues to work with Mayfield, Johnson and Waukegan Mayor Ann Taylor to support legislation to eliminate the coal ash ponds. Afraid the EPA may not continue to pursue its coal ash rulemaking, she said she is looking to the state.
“This bill will do what the community is asking for,” Flores said. “Under President-elect Trump we may not see the EPA rules happen. It’s a good thing Illinois takes steps to safeguard our land, air and water.”
Doug Ower, the chair of the Woods and Wetlands chapter of the Sierra Club, is also a longtime advocate for the environment who pays close attention to both the coal ash deposits in Waukegan — both the ponds and the grassy field. He also worries about EtO in the atmosphere.
Ower said his concern is growing with the prospect of a less aggressive EPA in Washington, especially with rules currently being written to govern coal ash and EtO. He, too, wants to see the Illinois legislature act on the coal ash.
“I’m very concerned because it looks like they’re going to roll back regulations, and this is taking us in the wrong direction,” Ower said. “These regulations protect all of us. I hope the state takes steps to make needed regulations.”
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