EPA Proposes Shifting Toxic Coal Ash Oversight to States, Raising Environmental Concerns

The Environmental Protection Agency (EPA) is moving to transfer oversight of toxic coal ash ponds from federal regulators to state agencies, a shift that environmental advocates say could weaken protections for communities near coal-fired power plants.

Across Georgia, massive unlined lagoons filled with coal ash—left over from burning coal—sit along rivers like the Coosa, Chattahoochee, and Ocmulgee. These impoundments hold millions of tons of toxic waste, including heavy metals such as arsenic and mercury, which leach into groundwater and nearby waterways.

In 2015, the Obama administration established federal rules requiring utilities to clean up these ponds and implement strict monitoring. The EPA became the primary regulator, but states were given the option to take over oversight if they met federal standards. Georgia was among the first to do so, with the EPA approving the state’s authority in 2019.

However, Georgia’s Environmental Protection Division quickly approved a permit allowing coal ash to remain partly submerged in groundwater at one of Georgia Power’s plants, despite community opposition and an EPA rebuke. Since then, the state has approved 20 more permits for coal ash ponds at a dozen plants statewide.

Now, the Trump administration is pushing to expand this model, transferring coal ash oversight to even more states and rolling back federal safeguards. Currently, five states—Georgia, Oklahoma, Texas, North Dakota, and Wyoming—have approved coal ash programs. Oklahoma and Georgia were approved during Trump’s first term, Texas received approval under Biden, and North Dakota and Wyoming were approved in the past year. Virginia is also in the process of gaining local permitting authority.

Critics warn state regulators lack the resources and enforcement power to protect communities.

“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.”

This shift is part of a broader Trump administration effort to decentralize environmental regulation. In Trump’s first term, the EPA handed wetlands permitting in Florida to state regulators—the first state to gain this authority in 25 years. In January, the administration began accepting “Good Neighbor Plans” from eight states, despite prior rejections by the Biden administration for failing to prevent ozone emissions from crossing state lines. Over the past year, the EPA has also expanded state control over underground carbon sequestration, giving West Virginia, Arizona, and Texas authority over carbon injection wells.

Nationwide, the EPA reports there are more than 670 coal ash ponds, ranging from a few acres to over a thousand. Many have spilled repeatedly over the years, contaminating soil and water.