Enforcement Initiative, Alert, and Settlements

On this page:

• Coal Ash Enforcement Initiative
• Coal Ash Enforcement Alert
• Settlements

Coal Ash Enforcement Initiative

On August 17, 2023, EPA announced its National Enforcement and Compliance Initiatives (NECI) for fiscal years 2024 to 2027 on protecting communities from coal combustion residuals contamination, also known as coal ash. The coal ash NECI addresses compliance with the Agency’s CCR regulations and includes an enhanced effort to assess facilities’ compliance with the CCR requirements and address areas of noncompliance that are detected. Based on EPA compliance assessments already conducted, EPA will look at areas of recurring detected noncompliance relating to closure of units, sampling and assessing groundwater contamination, and cleanup of contamination, where required.

Coal Ash Enforcement Alert

In December 2023, EPA issued an enforcement alert titled ”EPA Finds Significant Noncompliance with the RCRA Coal Ash Disposal Regulations” (pdf)(330 KB). This alert provides information about the noncompliance areas that will be part of the Agency’s compliance assessment focus.

Settlements

• EPA reaches settlement with Evergy Kansas Central Inc. on actions to address compliance with coal combustion residuals regulations.
• EPA reaches settlement with Public Service Company of Colorado over allegations of noncompliance with coal combustion residual regulations at the Comanche Power Station.

• EPA reaches settlement with Greenidge Generation LLC on actions to address compliance with coal ash regulations.

• EPA completes a series of enforcement actions to protect communities from exposure to coal ash pollution. EPA settles with:
  • AES Puerto Rico, L.P.
  • Keystone-Conemaugh Projects, LLC.
  • Alabama Power Company.
  • Public Service Company of Colorado about Cherokee Generating Station.