A federal judge on Tuesday upheld EPA’s 2022 decision not to allow a major coal-fired power plant in Ohio more time to comply with coal ash rules.
It was the first time EPA had refused a company’s request to extend the deadlines to stop adding coal ash, a toxic byproduct of burning coal for electricity, to unlined impoundments under the 2015 coal ash rule (Reg. 2050-AE81).
The ruling comes as the Trump administration plans to reconsider a more recent coal ash regulation covering “legacy” landfills and ponds at already-closed power plants.
Background: The Obama-era coal ash rule prohibited storing coal ash, which contains arsenic and other toxic heavy metals, to impoundments where it is likely to contaminate groundwater. After some litigation, EPA in 2020 issued a follow-up rule that required unlined ponds to be retrofitted with linings to protect against groundwater contamination — or be closed and stop receiving new coal ash.
