WASHINGTON, D.C. — The U.S. Environmental Protection Agency hosted a virtual public comment hearing on Thursday on proposed regulations that would weaken coal ash cleanup requirements at hundreds of sites nationwide where coal was burned for electricity. The proposal, introduced by the Trump administration in April, seeks to repeal a 2024 Biden-era rule mandating groundwater monitoring at inactive coal ash sites and would loosen federal oversight by shifting enforcement responsibilities to states.
The proposed rule would exempt certain coal ash storage sites from regulation and allow coal-fired power plant owners to minimize, delay, or avoid cleanup actions. It also permits states to bypass national standards in some cases and eliminates federal criteria defining “beneficial use” of coal ash, reclassifying certain applications as part of industrial processes rather than waste disposal. EPA Administrator Lee Zeldin described the proposed changes in April as “commonsense changes” that “reflect EPA’s commitment to restoring American energy dominance, strengthening cooperative federalism, and accommodating unique circumstances at certain [coal ash] facilities.”
Environmental advocates strongly opposed the proposal during the hearing, arguing it eliminates science-based protections and endangers groundwater. Lisa Evans, senior counsel at Earthjustice and a former EPA attorney, said, “The Trump administration has jeopardized the nation’s drinking water supplies as a favor to polluters. It’s just not right.”
Jennifer Cassel, an attorney with Earthjustice who has worked on coal ash issues for 15 years, warned that climate change intensifies the risks. “Water near coal ash becomes thick with pollution, like a tea that is steeped for too long,” she said. Cassel also reminded the agency, “EPA, you know the record. You made the record.”
Coal ash, the residue from burning coal, contains mercury, arsenic, and lead—substances linked to cancer and other health problems. A 2022 study by Earthjustice and other groups found more than 90% of U.S. coal plants contaminate groundwater with coal ash. An EPA report from 2002 similarly concluded that improperly lined coal ash ponds allowed toxins to leach into water supplies beyond federal safety limits.
While industry representatives supported the rule change, speakers from the American Coal Ash Association and the American Cement Association were excluded from direct quotation per guidelines. Environmental groups emphasized that existing coal ash regulations were developed through years of scientific research, litigation, and documented harm to communities.