ANNAPOLIS, Md. — Environmental advocacy groups are criticizing a recent Environmental Protection Agency decision to delay stricter wastewater treatment standards for coal-fired power plants, a move they say will allow more than 600 million pounds of additional pollutants to enter U.S. waterways.
Earthjustice, an environmental law organization, announced the critique following the EPA’s action. Thom Cmar, deputy managing attorney for the Midwest Regional Office of Earthjustice, described the delay as “a massive handout to the coal power industry.” He stated, “It’ll cost all of us in the long run because it will encourage more expensive, dirty coal plants to continue operating for longer and it will mean more arsenic, mercury and lead in our waterways.”
The EPA justified the delay by citing the need to maintain high electricity production amid rising demand and to address affordability concerns for consumers. The agency stated that the extension provides facilities additional time to plan for eventual compliance with the updated rule.
Maryland, which has largely phased out coal-fired generation, operates one remaining facility affected by the policy: Brandon Shores in Anne Arundel County. Originally slated for closure last year, the plant received an extension to remain online until 2029 to help meet the state’s energy stability requirements during peak demand periods and grid transitions.
Cmar challenged the EPA’s rationale linking coal plant operations to lower electricity costs. “There’s no specific analysis showing these old, expensive, dirty coal plants are the right ones to be propping up to lower peoples’ electric bills,” he said. “This action is really just designed to maintain a dirty, dying technology in burning coal for electricity.”
Electricity prices in Maryland increased more than 5% between 2024 and 2025, according to data from the U.S. Energy Information Administration. The state continues to experience staged rate adjustments as utilities recover costs associated with infrastructure upgrades, renewable integration, and capacity needs.
National trends show a significant decline in coal use. Since 2007, coal consumption for electricity generation has dropped 64%, driven primarily by the retirement of coal-fired power plants, per the Congressional Research Service.
The EPA’s delay applies to effluent limitation guidelines originally finalized in 2024, which set stricter limits on discharges of toxic pollutants such as arsenic, mercury, selenium, and nickel from coal ash ponds and flue gas desulfurization systems. Environmental groups argue the postponement extends the timeline for plants to install advanced wastewater treatment technologies, prolonging pollution risks to rivers, lakes, and drinking water sources downstream.
In Southern Maryland and the broader Chesapeake Bay region, water quality remains a priority due to ongoing efforts to reduce nutrient and toxic pollutant loads. While Brandon Shores is the state’s last coal plant, its continued operation through 2029 keeps Maryland connected to national coal policy decisions. The facility’s wastewater discharges fall under federal oversight, and any changes to national standards directly influence local compliance requirements.
Earthjustice and allied organizations have indicated plans to pursue legal challenges to the delay, asserting that the EPA lacked sufficient justification under the Clean Water Act to postpone implementation.