Dayton Power & Light’s J.M. Stuart Station is a 4 unit, coal fired power plant with a generating capacity of 2,400 megawatts. The facility is located on State Route 52, 4 miles east of Aberdeen, Ohio.  The facility discharges to Little EPA objected to Ohio’s draft wastewater discharge permit for the Dayton Power & Light’s J.M. Stuart Power Station.  U.S. EPA objected because the permit record did not demonstrate that the temperature limits in Ohio EPA’s proposed permit would adequately protect aquatic life in Little Threemile Creek. U.S. EPA held a public hearing on the issue on March 23, 2011, in Georgetown, Ohio. On September 28, 2011, U.S. EPA notified Ohio EPA that the objection was upheld and required Ohio EPA to submit a revised permit within 30 days.

Ohio EPA submitted a proposed permit addressing the U.S. EPA objection and in December 2012, U.S. EPA withdrew its objection, clearing the way for the State to issue the permit on Jan. 7, 2013. The final permit and response to comments is available at Ohio EPA's website. The permit has been appealed and is currently awaiting hearing with the Environmental Review Appeals Commission in Ohio.

Documents Related to EPA's Objection to Dayton Power & Light J.M. Stuart Station’s NPDES Permit