The U.S. Environmental Protection Agency (EPA) has reached a settlement with AES Puerto Rico, L.P., concerning its electrical generating plant in Guayama, Puerto Rico. This agreement mandates AES to address issues related to groundwater monitoring and ensure accurate reporting on its coal ash landfill under the Resource Conservation and Recovery Act. Additionally, AES will pay a penalty of $71,845.
This settlement is part of the EPA’s National Enforcement and Compliance Initiative aimed at protecting communities from coal ash contamination. The initiative addresses widespread noncompliance with federal coal ash regulations. Coal ash, produced from burning coal for energy, contains contaminants that can cause cancer and other serious health effects. Before 2015, coal ash management was not regulated nationally and often disposed of in unlined landfills or surface impoundments that could contact groundwater.
Improper containment of coal ash can lead to pollution of waterways, groundwater, drinking water, and air. The EPA's initiative aims to protect these resources and the communities living near such facilities.
“Every person deserves equal protection under environmental law and EPA is working to ensure that for communities impacted by the AES facility in Puerto Rico,” stated Lisa F. Garcia, Regional Administrator. “In addition to the action taken to ensure compliance with coal ash rules, EPA is continuing to assess this facility to ensure the safety of the community and compliance with the law.”
The EPA claims that AES failed to report statistical analyses of groundwater monitoring data promptly, did not notify the public about significant exceedances in groundwater protection standards on its website, and neglected to monitor certain wells biannually.
Under the settlement terms, AES must enhance its groundwater monitoring program by assessing contamination from its coal ash pile more effectively. This includes additional biannual monitoring from nine wells installed in 2019. The company is required to make all groundwater data publicly accessible and use it to evaluate whether further off-site wells are necessary and assess remediation measures' effectiveness.
AES must also conduct statistical analyses for annual reports on groundwater monitoring and corrective actions while amending reports from 2017 through 2022 with extra information. These amended reports must be posted on its CCR website along with retroactive notifications of any significant exceedances in groundwater protection standards.
In April 2015, national rules were established by the EPA for managing and disposing of coal ash to mitigate risks associated with contaminant leakage into groundwater, dust emissions into air, and potential failures of surface impoundments containing coal ash.
For further details about coal ash management activities by the agency, visit EPA’s Coal Ash (CCR) website.
