EPA proposes denying Midwest Generation’s request for more time to close an unlined coal ash pond at Waukegan, Illinois, facility

Today, U.S. Environmental Protection Agency announced that it  has proposed denying Midwest Generation LLC’s request for an extension to close the East Ash Pond at the Waukegan Generating Station in Waukegan, Illinois. EPA based the denial on preliminary findings that the company failed to comply with the federal coal combustion residuals (CCR) regulations. A community meeting is scheduled for June 27.

“EPA is firmly committed to cleaning up and closing unlined, coal ash impoundments as quickly as possible to protect human health and the environment,” said EPA Region 5 Administrator Debra Shore. “The Waukegan community has been burdened for too long by the effects of improper coal ash disposal.”

EPA is proposing to deny the request because preliminary findings indicate the Waukegan facility is not in compliance with the coal ash regulations, including: 

  • Failure to consider individual waste streams, conduct a site-specific analysis for alternative capacity, and consider removing the coal ash in the berms. 
  • Failure to meet the “closure by removal” standard for the West Ash Pond.   
  • Insufficient groundwater monitoring system, inappropriate groundwater statistics, unmonitored groundwater pathways, and inadequate screening of groundwater wells.  
  • Incorrect identification of alternate sources of contamination.

To maintain grid reliability, the Agency is also proposing a method for power stations that have coal-fired boilers to request additional time, if necessary, to resolve documented problems. This approach, which ensures a dependable supply of energy while preserving public health, is based in part on reliability evaluations by the relevant regional transmission agencies.  

EPA will accept public comments on this proposal until August 4 via the docket on Regulations.gov. Access a prepublication copy of the proposed denial on our website.

On June 27, EPA will hold a community meeting from 5-7p.m. on the 5th floor of the College of Lake County (34 N Sheridan Rd) to discuss the impacts and regulation of coal ash. At the meeting, EPA plans to present information on the national coal ash program, this proposed decision, and information on resources available to the community.

Learn more about coal ash.