With Owners of Ohio’s Gavin Plant Pushing for Fewer Safeguards, One Million Gallons of Coal Ash Waste Spill in Minnesota

WASHINGTON, DC –  Just weeks after a court challenge to new coal ash safeguards joined in part by the operators of the General James M. Gavin Power Plant in southeastern Ohio was thrown out, about one million gallons of coal ash wastewater spilled from Minnesota Power's Boswell Energy Center, with some reaching a reservoir of the Mississippi River. The spill was discovered Tuesday. 

The spill raises major new concerns about the health of residents and waterways near coal-fired power plants and major questions about how notorious plants like Gavin will continue to handle such waste. The operators of the Gavin plant previously sought to evade the application of coal ash safeguards that would prohibit them from leaving ash in contact with groundwater indefinitely, but their argument was rejected by the U.S. Court of Appeals in Washington, D.C. last month. Previously, the Trump Administration rolled back major safeguards that curb the levels of coal ash contaminants that can be dumped into rivers and lakes, and new protections for coal ash contamination of both surface waters and groundwater were finalized by the Biden Administration in April of this year.

The Gavin plant – the deadliest plant in the country - is owned by the Blackstone Group – a private equity firm based in New York. The Gavin plant pollutes so much that in an attempt to avoid liability, its former owner bought out a whole town after residents complained about the blue smoke plumes full of sulphuric acid that engulfed the area. The plant’s emissions cause an estimated 244 premature deaths a year. Gavin’s flue-gas desulfurization (FGD) SO2 scrubbers are outdated now at 30 years old, and are proven to be inadequate at protecting the health and wellbeing of the region. Thanks to a recent court order, the EPA is required to take action on Ohio’s plans to reduce haze pollution from plants like Gavin, and that action could result in a requirement for the installation of new pollution controls in addition to compliance with coal ash safeguards

Sierra Club’s Midwest Beyond Coal Campaign Manager Neil Waggoner released the following statement in response:

“Our thoughts are with the communities in Minnesota who are dealing with this devastating coal ash spill. The toxic pollution from coal-fired power plants has been making people sick and contaminating air and water for generations, and we are grateful the Biden Administration is taking steps to ensure disasters like this one are prevented in the future. 

"The Gavin plant in Ohio is a perfect example of why common-sense, life-saving protections from coal pollution are so important -- and why we need to be planning for a responsible transition away from coal. There simply is no safe way to burn coal. Gavin is the nation’s deadliest coal plant, but Blackstone and its partners are doing everything they can to fight off any attempt to get them to clean up their act. It is shameful. We urge EPA Region V to act quickly to ensure Gavin and Blackstone comply with the law to save lives and protect our communities from disaster.”