Testimony

EPA Proposal Would Allow Coal Ash Contamination to Continue Polluting Groundwater

By Nancy Stoner, Senior Attorney

On January 6, 2026, I testified in opposition to the U.S. Environmental Protection Agency’s (EPA) proposed rule that would extend deadlines for certain coal-fired boilers to cease operation and for unlined, leaking coal ash pits to close.

This proposal would allow coal ash contamination to continue flowing into groundwater at eleven coal plants across the country. Every unlined coal ash pond covered by the proposal is already known to be contaminating surrounding groundwater with toxic metals that threaten public health. If finalized, the rule would increase risks to public health and the environment at all five affected Midwest plants, each of which has documented groundwater contamination.

READ MY TESTIMONY

Coal Ash is a Persistent and Dangerous Pollutant

Coal ash is the toxic waste left behind after coal is burned. It contains arsenic, cadmium, chromium, lead, lithium, radium, mercury, and other heavy metals that pose serious risks to human health and ecosystems. Until recently, it was both legal and common practice to dispose of coal ash in unlined pits, allowing these contaminants to leach directly into groundwater—often near drinking water wells.

The coal ash pits covered by EPA’s proposal are unlined, and utilities’ own monitoring data confirm that they are leaking. Exposure to coal ash contaminants has been linked to increased risks of cancer, heart and thyroid disease, cognitive impairments, respiratory disorders, prenatal mortality, and other serious health effects.

Midwest Communities at Risk

Five of the eleven coal ash facilities that would be allowed to continue operating under the proposed rule are located in the Midwest:

  • Baldwin Generating Station (Illinois)
    Two uneconomic coal-fired boilers at the Baldwin plant were scheduled to shut down last year. The Trump administration intervened to override this market-based decision, forcing the boilers to continue operating and delaying closure of the plant’s coal ash pits. All 32 of Baldwin’s coal ash pits are leaking into groundwater. Detected contaminants include antimony, arsenic, beryllium, boron, cobalt, lithium, manganese, nitrate, sulfate, and total dissolved solids.
  • Kincaid Generating Station (Illinois)
    The Kincaid plant was scheduled to shut down in 2027. Groundwater monitoring shows boron and total dissolved solids leaching from 7 of its 8 coal ash pits.
  • Miami Fort Power Station (Ohio)
    Located along the Ohio River, the Miami Fort plant was also scheduled to shut down in 2027. The plant reports contamination—including arsenic, beryllium, boron, lithium, molybdenum, thallium, and total dissolved solids—at 25 of its 27 groundwater monitoring wells.
  • Newton Power Station (Illinois)
    The Newton plant was slated for shutdown in 2027. All 18 of its groundwater monitoring wells show contamination, including arsenic, lead, radium, lithium, sulfate, and other toxic pollutants.
  • R.M. Schahfer Generating Station (Indiana)
    Coal-fired units at the Schahfer plant were scheduled to shut down in December 2025. On December 23, the Trump administration ordered the units to continue operating despite the plant’s deteriorated condition, environmental impacts, and the owner’s decision to retire the facility. Groundwater monitoring shows contamination at 92 of 107 wells, including arsenic, cadmium, chromium, lead, radium, selenium, and numerous other toxic substances. Schahfer is also listed by EPA as a “potential damage case” and has been identified as one of the nation’s top “super polluters.”

This Was Never About Reliability

If, as it claims, EPA’s goal is truly to improve grid reliability, it should be working with the Department of Energy to accelerate the development of clean, reliable, and quick-to-deploy energy sources such as wind and solar. Instead, the Trump administration is blocking clean energy projects while propping up aging, polluting coal plants—demonstrating that this proposal is about subsidizing the fossil fuel industry, not protecting public health or the environment.

EPA’s only job is to protect human health and the environment. This proposed rule does the opposite. For these reasons, ELPC strongly opposes the proposal and urges EPA to withdraw it.

Nancy Stoner

Nancy Stoner,

Senior Attorney

Nancy Stoner is a Senior Attorney with ELPC focused on clean water issues.

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