Judge dismisses Ohio coal power plant's legal objection to EPA's instruction for coal ash pond shutdown
In a recent development, a federal judge has upheld the Environmental Protection Agency's (EPA) decision not to grant more time to a coal-fired power plant in Ohio for complying with coal ash rules. This ruling was made on Tuesday.
The EPA's decision in 2022 marked the first time it refused a company's request to extend deadlines for stopping the addition of coal ash to unlined impoundments under the 2015 coal ash rule (Reg. 2050-AE81). Coal ash, a waste product from coal-fired power plants, contains toxic heavy metals like arsenic.
The EPA's 2020 rule required unlined coal ash impoundments to be retrofitted with linings or closed to prevent groundwater contamination. The coal-fired power plant in Ohio was seeking more time to comply with these regulations, but the EPA denied this request.
The Obama-era coal ash rule, enacted in 2015, prohibited storing coal ash in impoundments that could contaminate groundwater. In 2020, a federal judge ordered that unlined coal ash ponds must be equipped with a final cap to prevent groundwater contamination, although the exact issuer of this order is not specified in the search results.
Interestingly, the Trump administration is planning to reconsider a more recent coal ash regulation covering "legacy" landfills and ponds at already-closed power plants. This move could potentially impact the future of coal ash management across the United States.
The EPA's decision to uphold its 2022 ruling is a significant step towards ensuring the safety and protection of our environment from the potential hazards of coal ash contamination. This decision underscores the EPA's commitment to enforcing regulations designed to protect public health and the environment.
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