The Trump administration has reopened public comment on what Earthjustice described as a plan for a federal permit program for the disposal of coal ash, including so-called "permits for life" that critics say could weaken oversight.
Environmental advocates warn that the move could leave communities living near coal plants with fewer protections against one of the country's most widespread industrial waste threats.
The Environmental Protection Agency announced another round of public comment on a revived 2020 plan to establish federal coal ash disposal permits. Coal ash is the toxic waste left behind after coal is burned for electricity, and it has been linked to contamination at most current and former U.S. coal plant sites.
Critics say the proposal includes unusually permissive features, including "permits for life" and "general permits" that could let companies decide for themselves whether they qualify. Opponents argue that such a system would shift responsibility away from regulators and onto the industry generating the waste.
The reopened comment period comes shortly after another EPA proposal unveiled in April that would significantly weaken existing coal ash safeguards.
Earthjustice attorney Gavin Kearney said the two proposals together point to a broader effort to step back from federal environmental enforcement and let the coal industry and coal-friendly states take the lead.
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Coal ash contains dangerous pollutants that can seep into groundwater and nearby waterways if disposal sites are poorly monitored or inadequately cleaned up. For families living near coal plants, that can mean prolonged uncertainty about the safety of local water supplies, property values, and long-term health.
A less stringent permit system could also make it harder to ensure that the same protections apply nationwide. Instead of strong baseline rules, communities could be forced into lengthy, case-by-case disputes over whether a utility's monitoring and cleanup plans are sufficient.
Environmental groups are already mobilizing. Earthjustice and its partners have publicly condemned the proposal and signaled that they plan to keep fighting efforts they believe would roll back protections for communities near coal ash dumps.
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