Utility companies invoke ludicrous technicality in attempt to avoid critical cleanup effort: 'Absurd effort'

A group of utility companies — including the operators of a coal plant considered the deadliest in the United States — is trying to avoid cleaning up millions of tons of toxic waste by claiming that groundwater isn't a liquid.

Yes, really.

What's happening?

As Columbus Underground and the Ohio Capital Journal reported, the operators of several coal-fired plants — including Gavin Power and the Ohio Valley Electric Corporation — asked the Environmental Protection Agency to exempt them from coal ash cleanup requirements. A 2015 rule requires utilities to prevent toxic ash from contaminating groundwater.

The companies say the rule is too expensive to follow and they already comply with other federal laws. In court, they've even argued that groundwater shouldn't count as a liquid under the EPA's rule, which prohibits coal ash from sitting in groundwater since it can contaminate the environment.

"So this whole absurd effort to define liquids as not including groundwater is essentially to prevent them from having to either excavate the coal ash and get it out of the groundwater or figure out some other measure by which they can prevent groundwater from flowing in and out of the coal ash forever, basically," said Gavin Kearney, an attorney for Earthjustice. "The motivation is to avoid the cost or accountability for decades of polluting groundwater."

Why is this important?

Coal ash contains heavy metals such as arsenic, lead, and mercury, and it causes health problems including cancer, lung disease, heart damage, reproductive issues, birth defects, and more.

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The Gavin plant alone, located near Cheshire, Ohio, contains a 300-acre impoundment with more than 8 million cubic yards of ash. That pit, according to Kearney, is already intermixing with groundwater that flows into wells and the Ohio River — drinking water sources for locals.

Not only are these companies trying to reinterpret the rule to get out of protecting communities from coal ash contamination, but some of them also previously received millions of dollars in subsidies that were tied to a massive money laundering scandal.

What's being done about it?

Environmental groups such as Earthjustice and the Sierra Club are working to hold companies accountable in court. Federal judges have already ruled that coal ash can't be stored in contact with groundwater, and any rewriting of the rules would set a dangerous precedent.

Meanwhile, scientists are working on long-term solutions. At RMIT University, researchers have found ways to use coal byproducts as replacements for cement in concrete. Individuals can help by voting for candidates who will take action on the climate and push for stronger environmental policies. On the local level, it starts with education and exploring critical climate issues.