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Released January 31, 2023 | SUGAR LAND
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Written by John Egan for Industrial Info Resources (Sugar Land, Texas)--The U.S. Environmental Protection Agency (EPA) (Washington, D.C.) last week proposed to deny requests from owners of six large power plants to continue disposing of coal combustion residuals (CCRs) in unlined surface impoundments.

The six coal-fired power plants are:

  • Belle River Power Plant, a 1,250-megawatt (MW) plant located in China Township, Michigan. This plant, operated and majority owned by DTE Energy Company (NYSE:DTE) (Detroit, Michigan, began operating in 1981.
  • Monroe Power Plant, another DTE Energy power plant. This plant, with generating capacity of 3,294 MW, began operating in 1969. It is located in Monroe, Michigan.
  • Coal Creek Station, located in Underwood, North Dakota. This 1,050-MW plant, owned by Rainbow Energy Marketing Corporation (Bismarck, North Dakota), has been generating electricity since 1979.
  • Conemaugh Generating Station, majority owned by ArcLight Capital Holdings L.L.C. (Boston, Massachusetts), is located in New Florence, Pennsylvania. This 1,742-MW plant went online in 1970.
  • Coronado Generating Station, a 760-MW plant owned and operated by Salt River Project (Tempe, Arizona). Located in St. Johns, Arizona, this plant opened in 1979.
  • Martin Lake Steam Electric Station, a 2,380-MW station located in Tatum, Texas, began operating in 1977. It is owned by a unit of Vistra Corporation (NYSE:VST) (Irving, Texas).
Subscribers to Industrial Info's Global Market Intelligence (GMI) Power Plant Database can click here for a list of the related plant profiles.

In a January 25 statement, EPA Administrator Michael S. Regan said, "With these proposed denials, EPA is holding facilities accountable and protecting our precious water resources from harmful contamination, all while ensuring a reliable supply of electricity to our communities. We remain committed to working with our state partners to protect everyone, especially those in communities overburdened by pollution, from coal ash contamination now and into the future."

The agency added, "Today's action delivers protections for underserved communities already overburdened by pollution, and reflects the Biden-Harris Administration's commitment to advancing environmental justice in impacted communities."

EPA said the owners and operators of the CCR units failed to demonstrate that the coal ash surface impoundments they were using complied with requirements of the CCR regulations. Specifically, EPA proposed denying the applications due to:

  • Inadequate groundwater monitoring networks
  • Failure to prove groundwater is monitored to detect and characterize any elevated levels of contaminants coming from the coal ash surface impoundment
  • Evidence of potential releases from the impoundments and insufficient information to support claims that the contamination is from sources other than the impoundments
  • Inadequate documentation for the design and performance of the impoundment liners
  • Failure to meet all location restrictions.
The EPA said it would entertain requests for additional time to comply with the CCR rules in the interest of maintaining grid reliability. The agency will take public comment for 30 days on its proposed denials. If the agency finalizes these denials, the power plants will either have to adopt other ways to manage coal ash or close the impoundment facilities.

DTE Energy said it disagrees with the EPA's decision. "Comprehensive scientific testing proves that these basins meet and exceed EPA's performance standards and we look forward to providing EPA with additional details during the public comment period," Pete Ternes, a DTE Energy spokesperson, told the "Michigan Live" news organization. "In addition, DTE has a robust groundwater monitoring program, and we publicly report the data on a regular basis."

Coal ash is a byproduct of burning coal in coal-fired power plants that, without proper management, can pollute waterways, groundwater, drinking water and the air. The EPA statement said coal ash contains contaminants like mercury, cadmium, chromium, and arsenic associated with cancer and various other serious health effects.

The CCR Part B Final Rule allowed facilities to demonstrate to EPA that, based on groundwater data and the design of a particular surface impoundment, the operation of the unit has and will continue to ensure there is no reasonable probability of adverse effects to human health and the environment. EPA approval would allow the unit to continue to operate. First proposed during the Obama administration, this rule was finalized in November 2020.

The EPA's January 25 proposed denial followed an agency decision a year earlier, in January 2022, to notify dozens of unlined ash impoundment facilities in New York, Illinois, Michigan, Missouri, Indiana, Ohio, Iowa and Kentucky that they may be out of compliance with the CCR rule.

Overall, the EPA estimated, there are over 500 unlined coal-ash impoundment facilities located across the U.S.

"I've seen firsthand how coal ash contamination can hurt people and communities. Coal ash surface impoundments and landfills must operate and close in a manner that protects public health and the environment," Regan said last January in putting facilities in eight states on notice that they may be out of compliance with the CCR rules. "For too long, communities already disproportionately impacted by high levels of pollution have been burdened by improper coal ash disposal."

Industrial Info is tracking at least 154 CCR projects valued at approximately $15 billion across the country. Construction on 78 of those projects is scheduled to begin between 2022 and 2027.

Attachment Click on the image at right to see CCR remediation projects scheduled to kick off construction between 2022 and 2027.

There are signs that the EPA could further step-up enforcement of CCR rules.

In a January statement, the agency said it was seeking public comment on its proposal to address a variety of "environmental justice and climate change" issues, including, potentially, elevating CCR enforcement to its National Enforcement and Compliance Initiatives (NECIs). Every four years, the EPA said, it selects "national initiatives to focus resources on serious and widespread environmental problems where federal enforcement can make a difference."

"The NECIs identify serious environmental challenges where EPA can make a difference through a coordinated national approach," said Larry Starfield, the EPA's acting assistant administrator for the office of enforcement and compliance assurance. "We look forward to receiving public comment on our proposals for fiscal years 2024-2027, which include both familiar and emerging issues. Of particularly importance, we have built environmental justice considerations firmly into every initiative in order to protect vulnerable and overburdened communities."

Industrial Info Resources (IIR) is the leading provider of industrial market intelligence. Since 1983, IIR has provided comprehensive research, news and analysis on the industrial process, manufacturing and energy related industries. IIR's Global Market Intelligence (GMI) helps companies identify and pursue trends across multiple markets with access to real, qualified and validated plant and project opportunities. Across the world, IIR is tracking over 200,000 current and future projects worth $17.8 Trillion (USD).
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