A Christmas Malfunction

On December 25, 2021, while families across Ohio gathered for the holidays, something broke at the Cardinal Power Plant. According to the company’s own report to regulators, their equipment for controlling mercury emissions experienced an “upset/malfunction.” This was not a quick fix. For the next 30 days, through New Year’s and into late January 2022, Unit 3 of the coal-fired plant pumped illegal amounts of a potent neurotoxin into the air breathed by the people of Brilliant, Ohio.

This is not a story about an accident. It is a story about a cost. A company failed to maintain its equipment, broke federal law for a month straight, and poisoned the local environment. The trust that a community places in an industrial neighbor—the basic expectation that it will not poison you—was broken. Mercury does not disappear. It settles in the water, it builds up in the fish, and it accumulates in the bodies of people, causing permanent damage to the brain and nervous system. This is the real ledger: not measured in dollars, but in public health and ecological harm.

Legal Receipts

The settlement document, known as a Consent Agreement and Final Order (CAFO), lays out the undisputed timeline of pollution. The company does not admit the facts, but it does not deny them either. It simply pays a fee to make the problem go away. Here is what the government’s own paper trail says.

In its response, Cardinal reported a total of 30 deviations from the 1.2 lbs/TBtu, 30-boiler-operating-day rolling average, mercury (Hg) emission limitation… between December 26, 2021 and January 24, 2022.

CAFO, Factual Allegations, Paragraph 20

Cardinal reported that the Hg exceedances occurred due to an upset/malfunction of the JBR chemistry that began on December 25, 2021.

CAFO, Factual Allegations, Paragraph 21

Respondents neither admit nor deny the factual allegations in this CAFO.

CAFO, Jurisdiction and Waiver, Paragraph 7

Societal Impact Mapping

Environmental Degradation

Mercury pollution from coal plants is an ecological disaster. Airborne mercury particles fall onto land and into bodies of water. Microorganisms in the water convert it into methylmercury, a highly toxic form that builds up in the food chain. It contaminates fish, birds, and mammals. A 30-day period of excess emissions is a significant deposit of this poison into the Ohio River watershed, with consequences that will last for generations.

Public Health

There is no safe level of mercury exposure. It is a powerful neurotoxin that is especially dangerous for fetuses, infants, and children. Exposure can lead to developmental disabilities, lower IQs, and damage to the kidneys and nervous system. By failing to control its emissions, Cardinal Power gambled with the long-term health of every family living downwind.

Economic Inequality

The fine of $112,621 is a rounding error for a major energy producer. It is not a punishment; it is a business expense. This settlement sends a clear message: it is cheaper to pollute and pay a small fine than it is to invest in robust compliance and preventative maintenance. The financial cost is shifted to the public in the form of healthcare expenses and environmental cleanup, while the corporation protects its bottom line.

What Now? The Watchlist

This settlement is a closed case for the EPA, but it is an open wound for the community. Accountability requires constant pressure. Here is who to watch and what you can do.

• Corporate Leadership: Thomas Alban, who signed the settlement agreement as Vice President for both Cardinal Operating Company and Buckeye Power, Inc., is the executive who oversaw this resolution.
• Regulatory Watchlist: The U.S. Environmental Protection Agency (EPA) Region 5 and the Ohio Environmental Protection Agency (OEPA) are the public agencies responsible for enforcing the Clean Air Act. They opted for a settlement instead of a trial.

Real change does not come from regulators who are comfortable with quiet, low-cost settlements. It comes from grassroots organizing, mutual aid within affected communities, and relentless public demand for corporate accountability. Support local Ohio environmental justice groups who fight these battles on the ground, long after the federal government has packed up and gone home.