EPA Settlement with AES Puerto Rico, L.P. Requires Action to Comply with Coal Ash Regulations

EPA Settlement with AES Puerto Rico, L.P. Requires Action to Comply with Coal Ash Regulations

Settlement Advances EPA's National Enforcement Priority of Protecting Communities from Coal Ash Contamination

October 17, 2024

The settlement is part of EPA's National Enforcement and Compliance Initiative, Protecting Communities from Coal Ash Contamination. This Initiative is needed given the breadth and scope of observed noncompliance with the federal coal ash regulations. Coal ash, which is produced from the burning of coal for energy, is a large industrial waste stream (by volume) and contains certain contaminants known to cause cancer and other serious health effects. Prior to 2015, the management and disposal of coal ash was not regulated at the national level; instead, it was regulated to varying degrees, if at all, by some states. Historically, coal ash was typically disposed in unlined landfills and unlined surface impoundments many of which are in contact with groundwater.

Without proper containment and management, contaminants from coal ash can pollute waterways, groundwater, drinking water and the air.The additional enforcement resources under EPA's National Enforcement and Compliance Initiative to address this issue will help protect both water sources, including drinking water, as well as the often-overburdened communities who live near these units.

"Every person deserves equal protection under environmental law and EPA is working to ensure that for communities impacted by the AES facility in Puerto Rico," said Lisa F. Garcia, Regional Administrator. "In addition to the action taken to ensure compliance with coal ash rules, EPA is continuing to assess this facility to ensure the safety of the community and compliance with the law."

EPA alleges that AES violated requirements under the coal ash program. These include:

• Failure to report results of statistical analyses of groundwater monitoring data in a timely manner;
• Failure to notify the public of significant groundwater protection standard exceedances on its website; and
• Failure to monitor certain groundwater wells at least twice a year.

The settlement requires AES to better assess groundwater contamination from the coal ash pile at its facility by improving its groundwater monitoring program. In addition to monitoring it is already performing, AES must monitor twice a year from nine additional wells it installed in 2019, including sampling and analysis of groundwater contaminants at seven of the wells and measurement of groundwater elevations at all nine wells.

The company must make all groundwater data publicly available and use the data to determine whether additional wells off-site are needed, and to assess the effectiveness of the measures it has taken to address the contamination. AES must also conduct statistical analyses and report statistical data in its annual groundwater monitoring and corrective action reports, amend its 2017 through 2022 reports to include additional information, post the amended reports on its CCR website, and place retroactive notifications of all statistically significant groundwater protection standard exceedances on its CCR website.

In April 2015, EPA established national rules for coal ash management and disposal to address:

• Risks from disposal and discharge of coal ash, including leaking of contaminants into groundwater,
• Blowing of contaminants into the air as dust, and
• Catastrophic failure of coal ash surface impoundments.

These rules established a comprehensive set of requirements for the safe handling and disposal of coal ash from coal-fired power plants, including technical requirements for coal ash landfills and surface impoundments.

For more information on coal ash and the Agency's coal ash program activities, please visit EPA's Coal Ash (CCR) website.

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