The EPA wants to shift monitoring of toxic coal ash to states

All across Georgia, on the banks of the Coosa, Chattahoochee, and Ocmulgee and other rivers, sit large lagoons filled with coal ash, the toxic residue left behind after coal is burned. These massive impoundments hold millions of tons of toxic stew, and most are unlined. As a result, heavy metals in the coal ash — such as arsenic and mercury — quietly leach into the ground and nearby water bodies. 

In 2015, the Obama administration passed rules requiring utilities to clean up the ponds and implement monitoring requirements, transforming the Environmental Protection Agency into the chief regulator overseeing these sites. States were also given the opportunity to assume this regulatory role — as long as they met minimum federal requirements. 

Georgia was among the first to do so. In 2019, the EPA approved the state’s authority to oversee coal ash management. But in their first official act — a “bellwether” for future decisions —  regulators at the state’s Environmental Protection Division approved a permit to leave coal ash partly submerged in groundwater at one of Georgia Power’s plants. Despite outcry from communities and a rebuke by the EPA, the agency continues to hold its regulatory authority and has approved another 20 permits for coal ash ponds at roughly a dozen coal plants across the state. 

The Trump administration is now signaling it wants to transfer coal ash oversight to even more states and roll back federal protections. Five states currently have approved coal ash programs, including Georgia, Oklahoma, Texas, North Dakota, and Wyoming. Oklahoma and Georgia were approved during Trump’s first term, Texas received approval during the Biden administration, and North Dakota and Wyoming were approved in the last year. The Trump administration is also in the process of approving Virginia for local coal ash permitting.

“The state agencies that have programs where they can issue permits, we’ve seen, unfortunately, that they’ve not been rigorous in enforcing standards,” said Nick Torrey, a senior attorney with the Southern Environmental Law Center. “We know that they are underfunded, underresourced. The utilities are often the most powerful entity in the state and call the shots.”

The coal ash decision is part of a broader campaign to shift environmental regulation to the states. During Trump’s first term, the EPA handed over wetlands permitting in Florida to state regulators — the first state to apply for and receive the authority in 25 years. In January, the administration began the process of accepting so-called “Good Neighbor Plans” from eight states. These plans had previously been rejected by the Biden administration for failing to prevent ozone emissions from crossing state lines. And over the past year, the administration has expanded state authority over underground carbon sequestration, giving West Virginia, Arizona, and Texas supervisory authority of carbon injection wells. 

According to the EPA, there are more than 670 coal ash ponds across the country. The lagoons range in size from a few acres to a thousand or more. Over the years, many of these ponds have repeatedly spilled coal ash into waterways. One of the worst accidents took place in 2008 when a dike at a Tennessee Valley Authority pond failed, releasing more than a billion gallons of coal ash. The flood buried homes, and residents are still reporting health issues. Similar incidents have occurred on the Dan River in North Carolina and in eastern Kentucky.

The Obama administration’s 2015 rules — the first oversight of coal ash — required utilities to monitor groundwater near coal ash ponds for contamination and for new ponds to be lined. In cases where there was evidence coal ash was leaching into water, the companies were required to close the ponds, either by draining them or excavating the ash and moving it elsewhere. 

But the rule had major loopholes and didn’t cover all coal ash disposal sites. Lagoons that weren’t actively receiving new material and located at retired coal plants weren’t covered. And crucially, dump sites — where coal ash is collected before being moved into lagoons — were not included in the rule. As a result, when testing indicated heavy metals were leaching into groundwater, utilities could point to the dump sites and claim they were to blame. 

“Utilities would point to these areas and say, ‘We don’t have to clean up our groundwater pollution because we think the pollution is coming from these exempt areas. Therefore, the pollution is exempt,’” said Torrey. 

About six years ago, the Altamaha Riverkeeper, a local nonprofit, tested groundwater near the coal-fired Plant Scherer in Monroe County, Georgia, and began notifying residents that their well water was contaminated with compounds found in coal ash. The county eventually ran water lines, but some low-income residents unable to afford water bills still rely on church waterfilling stations, said Fletcher Sams, executive director of the Altamaha Riverkeeper. “This is an area where the median household income is $30,000,” said Sams. “It’s pretty rural, and some people can’t afford to run pipe from the road and the hookup and the monthly fee for the water.”

The EPA and the Georgia Environmental Protection Division did not respond to a request for comment. 

In 2024, the Biden EPA attempted to close these loopholes by expanding coverage with a new rule that applied to all coal ash disposal sites, including so-called “legacy ponds.” But the Trump administration is now attempting to unwind these protections. In April, the EPA proposed exempting older or inactive coal ash disposal sites from the rules and granting state officials more leeway in overseeing coal ash monitoring plans. In press releases announcing these plans and the EPA’s intent to overhaul how coal ash is managed, administrator Lee Zeldin said that the agency “will advance cooperative federalism to allow states to lead the charge on local issues, with federal support. This is just one of many examples where this agency can and will work with our state partners to deliver for the American people.” 

This move comes at a time when state legislatures have slashed budgets for environmental agencies. According to an analysis by the Environmental Integrity Project, a nonprofit founded by former EPA enforcement officials under both parties, more than half of states have cut funding for environmental agencies in the last 15 years. Mississippi’s budget has dropped by more than 70 percent during this time period, while South Dakota had its budget slashed by 61 percent. Three of the five states overseeing coal ash disposal — Texas, Georgia, and Wyoming — have had budget cuts of at least 20 percent over this time. Georgia has reduced its staffing by about 16 percent. 

Not all states that have applied for coal ash authority have received it. In 2024, the EPA rejected Alabama’s application to manage its coal ash ponds because it did not meet standards set in federal law. “Alabama’s permit program does not require that groundwater contamination be adequately addressed during the closure of these coal ash units,” the agency noted in its decision.

Torrey said the Trump administration appears poised to rubber stamp state requests, putting public health and the environment at risk.

“There’s a real retreat from the EPA doing the job it was created to do,” Torrey said. “When you combine that with the weakening and choking of funds for state agencies, it means that people are getting dramatically less protection from pollution.”

This story was originally published by Grist with the headline The EPA wants to shift monitoring of toxic coal ash to states on May 13, 2026.