EPA to create permitting system for coal ash dumps

By Miranda Willson | 05/27/2026 01:19 PM EDT

The agency is reviving a proposal from the first Trump administration that would have barred environmental group lawsuits against companies for failing to comply with cleanup requirements so long as a permit had been issued.

Coal plant and coal ash pond.

A 2018 view of the Chesterfield Power Station and its coal ash ponds in Chester, Virginia. Steve Helber/AP

EPA moved Wednesday to create an agency-run permitting program for coal ash dumps, part of a broader Trump administration strategy to ease cleanup requirements for the industrial waste stream.

The agency reopened the comment period on a 2020 proposal from the first Trump administration to create a system for utilities and coal companies to obtain lifetime permits for ash dump sites. Under the original proposal, which was never finalized, companies that received the permits would have been shielded from lawsuits alleging violations of groundwater pollution standards or other requirements under EPA’s coal ash rules.

While the agency considers comments on all aspects of the 2020 proposal, it signaled in a Federal Register notice Wednesday a particular interest in enabling a speedy permitting process.

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“In order to expedite processing permit applications, EPA also requests comment on shortening the deadline for submission of the first tier of permit applications to the effective date of the final permitting rule, which would be six months after publication of the final permitting rule in the Federal Register, and whether this is enough time to compile materials needed for the permit application,” the notice states.

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