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The EPA’s wastewater standards for coal plants date back to the 1980s and went decades without major updates, even as coal plants continued to use rivers and lakes as part of their waste-handling systems.
Adobe StockIndiana coal plants discharging wastewater into rivers under state permits are under renewed scrutiny after the U.S. Environmental Protection Agency delayed tougher pollution rules by five years.
The EPA decision affects the Rockport coal plant in Spencer County. It regularly discharges treated coal wastewater into the Ohio River and would have faced stricter cleanup deadlines under the original rule. The delay applies to limits on pollutants like arsenic, mercury, bromide and lead.
Thom Cmar, deputy managing attorney for the Midwest Regional Office of the environmental law organization Earthjustice, said the timing of the announcement stood out.
"The night before Christmas, EPA announced that it was going to be taking action to push back the deadlines for coal power plant owners to decide whether to invest more in cleaning up their toxic coal ash wastewater," Cmar explained.
The EPA said the delay gives power companies more flexibility as electricity demand rises and concerns grow about grid reliability and affordability. Industry groups have argued forcing rapid upgrades could drive up costs for consumers or accelerate plant closures.
Cmar pointed out the agency’s own research undercuts the argument. He noted EPA findings, which showed modern treatment technology already exists.
"EPA in 2024 found that it's affordable for power plants to move away from using water altogether and eliminate this pollution," Cmar stressed. "But of course, that would require the owners of the power plants to spend more money."
The EPA estimated the delay will allow hundreds of millions of pounds of pollutants into U.S. waterways each year. Environmental groups said they plan to challenge the rule in court.
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