City Water, Lights and Power gearing up for possible lawsuit against EPA over new rules
Springfield's main utility provider is eyeing a potential lawsuit against a federal agency.
City Water, Light and Power got the green light from city council in a 7-3 vote to seek counsel outside of the Springfield Office of Public Utilities to sue the U.S. Environmental Protection Agency over new regulations.
On April 25 of this year, the EPA announced a final rule to reduce the discharge of toxic metals and other pollutants into the nation's water bodies from coal-fired power plants.
According to the EPA, when power plants burn coal to produce electricity, large volumes of water are used then returned to lakes and on the way from the plant to river, can include compounds such as bromide, chloride and iodide which can harm ecosystems and create health risks like cancer and liver damage.
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As part of the Clean Water Act, Effluent Limitation Guidelines are regulations based on performance of wastewater tech. There are multiple forms of guidelines for different power outputs, such as steam or in CWLP’s case, coal.
The new regulations establish a zero discharge of pollutants limitation for three wastewaters generated at coal-fired power plants.
CWLP is now looking at alternative directions from the new EPA ruling and the possibility of litigation against the EPA for the Dallman 4 power plant.
To find an alternative to the EPA guidelines, CWLP asked for up to $275,000 from the city to employ the professional services of Chicago-based ArentFox Schiff LLP.
Tuesday's "no" votes were Ward 2 Ald. Shawn Gregory, Ward 3 Ald. Roy Williams Jr. and Ward 6 Ald. Jennifer Notariano.
CWLP Chief Utility Engineer Doug Brown says to reach zero emissions, the Dallman 4 current treatment doesn’t meet the goal, but uses other forms to remove the byproduct of the power plant and the new regulation would cost closer to $50 million to meet regulation.
The $275,000 cap approved by city council would come from the city's Environmental and Regulatory Initiatives and Rebate Fund.
“The fund is the environmental and regulatory initiatives and rebate fund,” Brown said. “This is more of a regulatory matter, it’s a little but about the environment too … What the EPA is proposing would be more environmentally damaging.”
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Advocates with Sustainable Springfield voiced their opposition to the city council to see environmental spending funds used to fight environmental compliance regulations.
“Isn’t this money better spent on current environmental concerns?” said Anu Paruchuri, a Springfield attorney. “We don’t even know why CWLP can’t even comply with the new rules. A study said last week that will require them to move from indirect to direct discharge (anyways). Is it a technical issue?”
CWLP said there have been no water violations at the Dallman 4 power plant since 2016. The state, however, did file a lawsuit against CWLP last fall after 700 tons of coal ash was released into the atmosphere in 2021.
Claire Grant writes about business, growth and development and other news topics for The State Journal-Register. She can be reached at CLGrant@gannett.com; and on X (Formerly known as Twitter): @Claire_Granted
This article originally appeared on State Journal-Register: CWLP gearing up for potential lawsuit against EPA over new regulations
