Court dismisses Ohio coal power plant's opposition to EPA's coal ash pond shutdown decree

In a significant move, the Environmental Protection Agency (EPA) has denied a major coal-fired power plant in Ohio more time to comply with coal ash regulations from 2022. This decision was upheld by a federal judge on Tuesday.

The EPA's decision not to allow a extension for compliance was in accordance with the 2015 coal ash rule (Reg. 2050-AE81), which prohibits storing coal ash in impoundments that could contaminate groundwater. The 2020 follow-up rule, a result of litigation, further requires unlined ponds to be retrofitted or closed to prevent groundwater contamination.

The 2020 rule applies to power plants that have already closed, as well as to "legacy" landfills and ponds at these facilities. The new regulation focuses on coal ash, a waste product containing arsenic and other toxic heavy metals.

This was the first time the EPA had refused a company's request to extend deadlines for stopping the addition of coal ash to unlined impoundments. The EPA's decision was made while the Trump administration was planning to reconsider a more recent coal ash regulation, but it was not influenced by these plans.

The Obama-era coal ash rule, which formed the basis for the 2020 follow-up rule, had already prohibited the storage of coal ash in impoundments that could contaminate groundwater. In 2020, the EPA issued a follow-up rule requiring unlined ponds to be retrofitted or closed to prevent groundwater contamination.

In 2020, the EPA issued a follow-up rule requiring unlined ponds to be retrofitted or closed to prevent groundwater contamination. This rule was a result of litigation. The new regulation covers "legacy" landfills and ponds at already-closed power plants.

The EPA's decision not to allow a coal-fired power plant in Ohio more time to comply with coal ash rules was part of the 2020 follow-up rule. The search results do not contain information on the company owning the power plant in question.

This decision marks a significant step forward in the EPA's efforts to protect the environment and public health from the potential hazards posed by coal ash. The agency's commitment to enforcing these regulations, despite pressure from certain quarters, is commendable and sets a positive precedent for the future.