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DEP Files Final Consent Decree Stipulating Changes At The Keystone And Conemaugh Coal-Fired Power Plants To Resolve Wastewater Violations And Allow For Continued Operation

On April 21, the Department of Environmental Protection announced they were seeking final approval from the Indiana County Court of Common Pleas of a consent decree with Keystone-Conemaugh Projects, LLC (Key-Con), operator of the Keystone and Conemaugh Generating Stations in Indiana and Armstrong Counties, to allow continued operation of both power plants with required upgrades to meet federal wastewater discharge standards. The Keystone and Conemaugh Generating Stations each produce approximately 1,700 megawatts of electricity--  enough to power hundreds of thousands of homes.  [In December 2025, DEP filed a complaint in court seeking to enjoin Key-Con from discharging wastewater to waters of the Commonwealth in violation of the state Clean Streams Law.  Read more here. [Key-Con chose to shut down the Keystone and Conemaugh generating stations in the face of a difficult market for electricity at the time. Since then they reevaluated their position in light of “unprecedented increase in electricity demand, according to the US Environmental Protection Agency.  Read more here.] Both plants had been scheduled to cease operations on December 31, 2028, but this consent decree would allow the plants to continue operating through 2032 due to upgraded wastewater treatment equipment at both plants. “This consent decree keeps electricity on the grid and ensures that these power plants reduce their impact on Pennsylvania’s waterways,” said Pennsylvania Department of Environmental Protection (DEP) Secretary Jessica Shirley. “DEP now has an enforceable schedule for required improvements, as well as enforceable penalties if milestones are missed.” Federal agencies and grid operators, including PJM Interconnection, have raised concerns about the reliability impacts of premature plant retirements amid increased growth in electricity demand.  At the same time, labor and legislative leaders have urged continued operation of these facilities to protect jobs, local economies, and grid stability. “On behalf of the hardworking men and women of IBEW Local 459, we appreciate Governor Shapiro’s commonsense leadership on energy policy, as evidenced by this decision to help keep Keystone and Conemaugh producing power for longer,” said Aric Baker, IBEW Local 459 President. “When Governor Shapiro visited us at Keystone and spoke to the men and women who operate and maintain the facility, it was clear that he understood the importance of an all of the above energy strategy, particularly at a time where the demand on our grid and concerns about energy affordability continue to grow. With this action, the Governor helps protect hundreds of family-sustaining union jobs, our local economies, and energy consumers all across Pennsylvania.” "I was glad to work with Governor Shapiro on this and appreciate his decision. The extension of the Keystone and Conemaugh Generating Stations will guarantee more power and keep great-paying jobs in Pennsylvania. These plants generate the reliable baseload power that Pennsylvania families, manufacturers, schools, hospitals, and emergency services rely on every day. Thanks to President Trump's energy dominance agenda, Pennsylvania will continue to lead the way on generation and power the transformation of our great Commonwealth,” said U.S. Senator Dave McCormick. “Pennsylvanians are worried about rising energy costs right now and they need reliable, affordable sources of power to ensure our homes and businesses can keep the lights on without breaking the bank,” said Governor Josh Shapiro. “I’m an all-of-the-above energy Governor, and by upgrading the environmental controls at the Keystone and Conemaugh Generating Stations to keep them operating for longer, we will protect energy jobs and ensure Pennsylvania generates enough energy to support the regional grid while reducing their impact on our environment.” Allowing the plants to continue operating under enforceable environmental requirements will help avoid supply shortfalls that can drive up electricity prices for consumers across the region.  The required upgrades will ensure compliance with federal wastewater standards, significantly reducing the potential for pollutants to enter Pennsylvania waterways. DEP notified the Court in December 2025 of the proposed consent decree and then solicited public comment.  Read more here. After receiving and responding to more than 700 comments, DEP is now asking the Court to make the consent decree final. Under the agreement, the facilities must: -- Submit complete applications for all necessary permits and authorizations to construct required Bottom Ash System upgrades within 60 days of the Court’s approval of the consent decree; -- Begin construction within 90 days of receiving required permits and authorizations from DEP; -- Complete construction within 180 days of commencement; and -- Begin operating the upgraded systems within 60 days of construction completion. The agreement also includes financial penalties to ensure accountability. Key-Con will be required to pay daily penalties while operating the facilities until the upgrades are complete, along with additional penalties if milestones are missed. This approach allows Pennsylvania to meet federal environmental obligations while responding to real-time energy market conditions and stakeholder concerns about reliability, affordability, and economic impact.  Click Here for a copy of the consent decree. Click Here for the DEP announcement. Reaction Molly Parzen, Executive Director of Conservation Voters of Pennsylvania, issued the following statement-- “It is deeply disappointing that during Earth Week--  a week intended to celebrate our progress toward a cleaner, healthier future-- we are instead seeing a commitment to extend the life of two of Pennsylvania’s largest sources of toxic pollution.  “While we appreciate the protections against water pollution in this agreement to limit the discharge of toxic metals like arsenic and mercury, these are the bare minimum standards for protecting our local watersheds.  “They do not change the fundamental reality: Doubling down on coal is the wrong direction for Pennsylvania’s energy future. “Coal is not only a primary driver of the climate crisis, but it is also an increasingly expensive way to power our grid.  “Continuing to rely on outdated fossil fuel infrastructure places a financial burden on Pennsylvania’s working families and a health burden on the communities that live in the shadow of these plants. “If we want to lower energy rates in both the short and long term, the best path forward is to invest in homegrown, renewable energy like solar, wind, and battery storage.  “The transition to clean energy is an opportunity to create thousands of family-sustaining union jobs, stabilize our energy prices and protect the health of our children and families.  “And it’s an opportunity that Pennsylvania is missing out on. “While other states, like Texas, are lowering their energy prices by moving aggressively to bring new wind and solar energy online, Pennsylvania remains stuck in the past.  “And there is plenty of blame to go around: a grid operator, PJM, that prioritizes dirty energy; the Trump administration that ripped away investments for a clean energy transition; the perpetual gridlock in Harrisburg; and a Governor for whom an “all of the above energy” approach doesn’t seem to include any clean energy.  “We urge Governor Shapiro to prioritize a 21st-century energy policy that accelerates our transition away from dirty fossil fuels rather than finding ways to artificially keep them on life support.” Resource Link: -- DEP Invites Comments On Proposed Consent Decree Covering Wastewater Discharges To Continue Operation Of The Keystone And Conemaugh Coal-Fired Power Plants In Indiana And Armstrong Counties [PaEN] Related Articles This Week: -- The Sun Also Rises In Washington County: MarkWest Harmon Creek Cryogenic Natural Gas Processing Plant Creates New Sun - At 4:47 a.m April 20, Again On April 21 - And It’s Still Burning  [PaEN]  -- DEP Tells House Committee It’s Not Sure What Will Be In Its Plan To Reduce Methane Emissions From Oil & Gas Operations It Needs To Submit To EPA In January  [PaEN]   -- Appalachian Voices: Groups Sue Federal Office Of Surface Mining Over Rollback Of Coal Mining Citizen Oversight Rule  [PaEN] -- President Invokes Wartime Powers To Fund Coal, Natural Gas Pipelines, Storage, Processing, LNG, Petroleum, Power Grid Infrastructure Projects [PaEN]   -- Join May 7 Webinar On Energy Rate Cases And Energy Affordability Advocacy At The PUC  [PaEN]   ​ NewsClips: -- Philadelphia Business Journal: PECO CEO David Vahos Out Following Rate Hike Backlash: Mike Innocenzo To Return  -- Pittsburgh Business Times: Cleveland-Cliffs $170 Million Butler Works Steel Plant Electrification Project On Track For 2028  -- PennLive Guest Essay: Pennsylvania’s Energy Future Hinges On Affordability And Reliability - By Eugene DePasquale, PA Democratic Policy Chair, Natural Allies For A Clean Energy Future [Natural Gas Industry Front Group] -- Utility Dive: Sudden, Unexpected A.I. Data Center Load Loss Events Prompt North American Electric Reliability Corp Alert, Recommendations  [Posted: April 22, 2026]  PA Environment Digest