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The Trump administration just dealt another blow to U.S. environmental regulations — one that could allow more contamination of drinking water from toxic coal ash contamination.
The Environmental Protection Agency proposed on July 17 to extend deadlines for required reporting and groundwater monitoring at coal ash landfills and dumps.
Any delay of these rules would be harmful in its own right, experts say, and they fear the announcement is just the beginning of further efforts to undercut coal ash regulations. During his first term, President Donald Trump largely ignored federal coal ash rules that took effect in 2015. This time around, his administration is widely expected to roll them back.
Advocates suspect that updates made last year to include so-called legacy coal ash, which wasn’t covered by the original rules, and coal ash landfills are especially vulnerable. That’s why alarm bells have been ringing for advocates following the EPA’s latest move to delay enforcement of one key aspect of the updated rules: the regulation of dry coal ash dumps and landfills, known as coal combustion residual management units, or CCRMUs.
The EPA’s July 17 announcement included a direct final rule and a companion proposal that would extend deadlines for these CCRMUs.
The EPA said it wants to extend the deadline by one to two years for the “facility evaluation reports,” which companies have to file if they own coal ash that meets the definition of a CCRMU, and therefore makes the sites newly subject to regulation. The EPA also proposes extending the deadline to start groundwater monitoring at these sites for an additional 15 months, from May 2028 to August 2029. The direct final rule issued by EPA would extend the deadline for the facility report to February 2027.
As it stands, utilities and other owners of coal ash sites are required to report by February 2026 whether they have any coal ash in landfills, berms, dumps, or other dry repositories that would be considered CCRMUs newly subject to regulation under the updated rules.
“We assume what EPA did was give themselves time to make significant changes to the legacy coal ash rule,” said Lisa Evans, senior counsel at Earthjustice. “The amount of time given to utilities to comply with the CCRMU portion of the rules [was] extremely generous. The utilities were given years, and now they’re coming back for more, thinking this EPA will grant them more time.”
The initial coal ash rules took effect in 2015 and were heralded as a major step toward cleaning up the toxic coal ash located at more than 700 sites at over 300 power plants nationwide. But those rules did not cover coal ash that was used to fill in earth or build up berms, or was simply scattered about; nor did they cover ash at coal plants closed before the rules took effect.
The environmental law organization Earthjustice filed a lawsuit on behalf of environmental groups seeking to expand the 2015 rule’s coverage, and after a federal court decision in 2018, the updated rules were eventually adopted in May 2024. These updated rules cover CCRMUs as well as “legacy ponds” — coal ash stored in water at coal plants closed before 2015.
Under federal administrative procedures, the EPA’s new direct final rule will take effect six months after being published in the Federal Register if no “adverse comments” are filed by the public. Groups including Earthjustice are almost certain to lodge adverse comments, in which case the rule would not take effect, and instead the companion proposal — to extend the facilities report deadline to February 2028 — would undergo a public comment process.
This poses a bit of a conundrum for environmental groups: If they challenge the rule, they may end up with an even longer delay.
“If you get a year or two years, you get another two years to put in groundwater monitoring. Then that delays the determination of contamination, which then delays development of a cleanup plan and final remedy,” said Evans. “You’re pushing everything into the future.”
An EPA press release says, “These actions advance [EPA] Administrator [Lee] Zeldin’s Powering the Great American Comeback Initiative,” which includes energy dominance, among other pillars.
Evans said the EPA’s announcement came immediately after a July 17 meeting that she and other advocates had with EPA officials, along with residents who live near some of the country’s hundreds of legacy coal ash impoundments. She said the officials listened to their concerns but made no mention of the delays that were about to be unveiled.
“We were all stunned,” she said. “Years do make a difference when you’re thinking about the movement of contaminated groundwater. This will allow more contaminants to get into groundwater, it will make it hard, possibly impossible, to remediate. We know these sites; we know how contaminated these sites are; we know contamination is moving in the groundwater.”
Almost a century ago, on the shores of Lake Michigan in northwest Indiana, the utility NIPSCO mixed coal ash from its Michigan City coal plant with sand and sod to help fill in the space behind steel retaining walls. On the other side of those now-corroding steel walls is the lake, which provides drinking water for the region and is a hub of both human recreation and aquatic life.
Environmental leaders have serious concerns that waves will pound away at the decaying wall, further weakening it, to the point that tons of toxic coal ash will spew into the lake. Coal ash contains heavy metals and other contaminants known to cause cancer and other serious health problems, as the EPA notes.
The Michigan City coal plant is among more than 300 sites covered by the updated rules, according to Earthjustice’s analysis, meaning NIPSCO should be required to file a CCRMU facilities report by February 2026 and then groundwater monitoring results and cleanup plans. Any delay in the reporting deadlines means a delay in the site being remediated — and extends the risk of coal ash contaminating the lake and possibly the groundwater too, environmental leaders say.
“Having the delay in some of those requirements is pretty devastating to hear,” said Ben Inskeep, program director of the Citizens Action Coalition, an Indiana consumer protection group. “These are coal ash waste dumps that have been there for decades. For all this time, they are just leaching really nasty things into our water supplies, putting us in grave danger of a catastrophic failure of the coal ash, all that coal ash getting into our waterways or drinking water supplies.”
NIPSCO is in the process of repairing one of the steel seawalls adjacent to a creek that empties into Lake Michigan by the Michigan City plant, but local leaders say that is less a solution and more a sign of the risks.
“The utilities have had a long time to figure out what kind of coal ash they have on their properties, what damage has been done, what remedies are possible,” Inskeep said. “Further delay is certainly harmful to communities who have been forced to endure living next to these toxic sites for so long.”
Owners of legacy coal ash ponds were required in November 2024 to file inspection documents for their sites. Those documents show serious groundwater, lake, and river contamination concerns from sites in Alabama, Georgia, Illinois, Indiana, and West Virginia, among other states, according to Earthjustice’s analysis.
The Widows Creek plant on the Tennessee River in Alabama may be the “dirtiest” site subject to the updated rules, according to Earthjustice. The plant was retired shortly before the 2015 rules took effect, meaning that it was not regulated until the update last year. Also unregulated until the 2024 update was the Morrow Lake plant in Michigan, whose location puts coal ash in direct contact with a recreational lake, according to its recently filed inspection reports.
Also troubling, advocates say, is that multiple companies known to have legacy ponds on-site did not file any reports by the November deadline or within an allowed six-month extension period. An EPA website compiling reports includes 46 sites filed under the legacy rule, out of at least 84 sites known to have legacy ash, according to Earthjustice’s analysis.
“It’s unfortunately not surprising, considering the industry’s general noncompliance,” said Mychal Ozaeta, Earthjustice’s clean energy program senior attorney. “It’s nothing new. We’re going to continue to monitor it, utilize our internal resources, work closely with our partners to track it just so the public is aware of various sites across the country failing to make publicly available this critical information and comply with requirements.”
The EPA press release about the deadline extensions also refers back to “March 12, 2025, the greatest and most consequential day of deregulation in the history of the U.S., [when] EPA committed to taking swift action on coal ash, including state permit program reviews and updates to the coal ash regulations.”
It’s a reference to another move the EPA is making to further undercut federal coal ash rules: Giving states, including those with lax records on the environment, the power to enforce their own coal ash rules.
On July 10, the EPA had issued another announcement that could weaken the legacy coal ash rules. It essentially said an earlier memo from the EPA — aimed at defining “free liquids” causing contamination concerns in coal ash repositories — should be ignored.
“It’s pretty nefarious,” said Evans. “This is all just the start of the Trump administration’s attempted unraveling of coal ash protections.”
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