EPA Settles with Keystone-Conemaugh Projects, LLC for Failure to Meet Coal Ash Regulations

EPA Settles with Keystone-Conemaugh Projects, LLC for Failure to Meet Coal Ash Regulations

Settlement is part of EPA's larger initiative to protect communities from coal ash contamination

October 18, 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.

Conemaugh is a coal-powered electric generation facility and has disposed of coal ash infour Ash Filter Ponds (surface impoundments). KEY-CON has made improvements at its facility, such as installing geosynthetic liners in its Ash Filter Ponds and adding additional groundwater monitoring wells. If groundwater monitoring reveals contamination above the federal groundwater protection standards, then KEY-CON will be required by regulation to design and implement a corrective action program to address the detected contamination.

In the agreement, EPA alleges that KEY-CON did not meet certain requirements under the coal ash program, including:

• Failure to install a groundwater monitoring system that accurately characterizes the quality of groundwater passing the waste boundary of the coal ash unit;
• Failure to monitor all potential contaminant pathways and install a sufficient number of wells to achieve the general performance standard of accurately representing the quality of both background groundwater and groundwater passing the waste boundary of Ash Filter Ponds;
• Failure to adequately document the basis for including the minimum number of wells in the facility's groundwater monitoring system; and
• Failure to perform assessment monitoring after a statistically significant increase (SSI) over background levels was detected for one or more constituents listed in Appendix III to 40 C.F.R. Part 257.

Read EPA's Consent Agreement and Final Order here

Background

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.