A Louisiana utility hopes to get more time to close its 4 coal ash ponds under a new rollback

A new federal rule aimed at providing more flexibility for coal-fired facilities may give one Louisiana utilities company several more years to close its coal ash storage ponds.

Central Louisiana Electric Company Corporate Holdings LLC, better known as Cleco, is headquartered in Pineville and serves more than 288,000 customers across 24 parishes on the North Shore, in Acadiana and throughout central Louisiana. It also owns three of the four coal plants remaining in the state — the industry has declined dramatically with the rise of cheap natural gas — and it manages the only four ash “ponds,” or impoundments, in Louisiana.

Nine environmental groups, represented by the environmental law group EarthJustice, are suing President Donald Trump’s administration over the rule, arguing that the rollback by the U.S. Environmental Protection Agency improperly weakens a 2015 rule on coal ash waste imposed by the Obama administration. That regulation initiated the mandatory closure of unlined coal ash ponds; its relaxation by Trump’s EPA gives the pits more time to pollute nearby waterways.  

The ponds in question hold a slurry of water and coal ash in an earthen pit. Coal ash, a fine powder that is produced when plants burn coal, carries high concentrations of carcinogenic heavy metals like arsenic, mercury and lead. Companies mix it with water to prevent the toxic metals from polluting the air.  

Wastewater stored in unlined ponds can seep into the soil and contaminate the groundwater, potentially making its way to other water bodies or wells, said Lisa Evans, an EarthJustice attorney. 

“The safest way to close the coal ash pond is to remove the ash and put it in a landfill that’s fortified with failsafe mechanisms to keep communities safe if and when it leaks,” said Evans. 

In 2008, 1.5 million tons of coal ash escaped from a pond managed by a Tennessee power plant, covering 300 acres with a thick gray sludge, polluting nearby rivers and leading to health problems in local communities. That spill, which cost the company more than $1 billion to clean up, spurred the first-ever regulation on coal ash disposal. 

Across the country, 91% of coal ash ponds are leaking contaminants, according to a study by EarthJustice and the watchdog Environmental Integrity Project that looked at groundwater monitoring data provided by facilities. That same study stated that all of Cleco’s sites had seen pollutants reach twice the level deemed safe by the federal government. 

Power companies were granted a six-month extension in August by the EPA and are now required to close unlined coal ponds by April 11. In that order, the EPA also gave companies the chance to request more time to close storage ponds if they planned to stop generating coal-fired power by a certain date. 

EPA administrator Andrew Wheeler, a former lobbyist for the coal industry, said the rule aimed to “enhance protections for public health while giving electric utilities enough time to retrofit or replace unlined impoundment ponds.” 

Cleco submitted requests for more time for all three of its coal facilities: Big Cajun II in New Roads near Baton Rouge, Rodemacher near Alexandria and Dolet Hills in Mansfield. 

The company has pledged to close the 66-acre Big Cajun II pond, adjacent to the Mississippi River, and the 45-acre Rodemacher pond by Oct. 17, 2028. It has promised to close of its coal-fired units at Rodemacher by that same date, while closing the unit at Big Cajun II in April 2025. At Dolet Hills, Cleco said it would close its two 33-acre ponds by Oct. 17, 2023 and cease burning coal at the same time. It plans to close all of its ponds in place rather than transfer the waste to another site, stating that no alternative disposal options for the coal slurry were viable.

When companies choose to close in place, they commit to separating the water from the ash and capping the remaining waste in the unlined pond. Sometimes companies also consolidate the pit into a smaller footprint that’s farther away from any water sources. Companies are required to continue monitoring the groundwater around the pit for at least 30 years after their closure.

“Cleco has committed to discontinue the use of coal at three of its coal units and is in compliance with EPA and LDEQ regulations as it pertains to the closing of the impoundments,” said a utility spokesperson in an emailed statement.  

Sierra Club attorney Josh Smith, who has worked on the group’s Beyond Coal campaign in Louisiana, said it was good to see the regulations encourage facilities to develop binding plans to stop burning coal.

“Ultimately, that will be a good thing for the environment,” he said.

But, Smith added, nearby communities should stay vigilant as Cleco moves to close the various sites. He is especially concerned with the Rodemacher site, which sits on the man-made Lake Rodemacher, also known as Cleco Lake, which is popular with recreational fishers.

“While the impoundments continue to contaminate the groundwater, it really is going to come down to whether the community is vigilant in monitoring and pushing these companies to clean up after themselves,” said Smith. “Some of these are ticking time bombs in a way. They are inherently dangerous. Despite plans to retire in seven years, they’re going to produce a lot more coal ash in that time.”