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Don't Let EPA Transfer Coal Ash Permits While Groundwater Rules Are Being Gutted

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Sponsor: The Rainforest Site

Coal ash containing arsenic, lead, and mercury has reached Wisconsin groundwater. Now EPA is proposing to transfer permitting authority to the state while weakening federal baseline protections.

Dozens of dead fish lie washed up along the muddy shoreline of a shallow, murky body of water.

Every year, U.S. power plants produce more than 100 million tons of coal ash — the residue left behind after burning coal for electricity. That ash carries arsenic, lead, mercury, chromium, and selenium at concentrations high enough to poison drinking water when storage ponds and landfills leak into the ground.2 And in Wisconsin, that isn't a future scenario. It's already happening. Earthjustice has identified multiple sites across the state where coal ash has reached local groundwater at levels that raise serious public health concerns.3

Despite the chemical profile of this waste, federal law has never classified coal ash as hazardous. The utility industry successfully blocked that designation for decades, leaving ash storage sites under a weaker regulatory framework — and giving polluters far more latitude than communities near those sites can afford.2

Federal Protections Are Being Rolled Back

The strongest national coal ash rules ever enacted — requiring groundwater monitoring, cleanup when contamination is detected, and public access to data — were established under the Obama administration and reinforced under Biden. In April 2026, EPA moved to weaken several of those protections. The proposed changes would allow contamination at some sites to continue without triggering cleanup obligations,6 and give utilities more flexibility on timelines and compliance requirements.5 Critics across the environmental and public health community have warned that the rollback puts drinking water sources at risk in communities across the country.4

Wisconsin Wants to Run Its Own Program — Right Now

In September 2026, EPA proposed approving Wisconsin's application to administer its own coal ash permitting program, replacing direct federal oversight with state-level control.1 A public comment period on that proposal is now open.7

The timing creates a serious problem. If Wisconsin's program is approved while federal baseline standards are being dismantled, state residents could end up with weaker groundwater monitoring, reduced cleanup requirements, and fewer tools for holding polluters accountable — not because Wisconsin chose weaker rules, but because the floor dropped during the approval process.

Effective coal ash oversight depends on three elements working together: real-time groundwater monitoring that catches contamination before it spreads, enforceable cleanup obligations that compel action when pollution is found, and transparent public access to data so communities can see what is happening beneath their feet. Remove any one of those, and contamination can advance for years before anyone with authority to stop it even learns it's there.

EPA Must Verify Protections Before Handing Over Authority

This is not a routine bureaucratic transfer. It is a decision with direct consequences for families who drink well water near ash ponds, for children in communities that have already seen contamination documented in their backyards, and for everyone in Wisconsin who depends on clean groundwater.3

EPA has the authority — and the obligation — to verify that Wisconsin's program includes rigorous monitoring, binding cleanup requirements, and genuine public transparency before any federal authority changes hands.1,7

Sign the petition now to demand that EPA protect Wisconsin's groundwater — and refuse to transfer permitting authority until those protections are proven to be real.

More on this issue:

  1. EPA Press Office, U.S. Environmental Protection Agency (10 September 2026), "EPA Proposes to Approve Wisconsin's Coal Combustion Residuals Permit Program."
  2. Jeff Turrentine, NRDC (6 September 2019), "Coal Ash Is Hazardous. Coal Ash Is Waste. But According to the EPA, Coal Ash Is Not "Hazardous Waste."."
  3. Earthjustice, Earthjustice (29 June 2026), "Toxic Coal Ash in Wisconsin: Addressing Coal Plants' Hazardous Legacy."
  4. NRDC, NRDC (9 April 2026), "EPA Proposes to Weaken Safeguards Against Coal Ash Pollution in Groundwater, Threatening Community Drinking Water Sources Around the Country."
  5. Herman K. Trabish, Utility Dive (10 April 2026), "EPA Proposes Weakening Power Plant Coal Ash Protections."
  6. Environmental Law & Policy Center, Environmental Law & Policy Center (7 January 2026), "EPA Proposal Would Allow Coal Ash Contamination to Continue Polluting Groundwater."
  7. Environmental Protection Agency, Federal Register (11 September 2026), "Wisconsin: Approval of State Coal Combustion Residuals Permit Program."

The Petition

To the Administrator of the United States Environmental Protection Agency

I am writing to urge you to verify that Wisconsin's proposed coal ash permitting program meets rigorous standards for groundwater monitoring, cleanup requirements, public access to records, and enforcement — and to make that verification a firm condition before transferring any federal permitting authority to the state.

Coal ash is one of the largest industrial waste streams in the country, generated at a rate exceeding 100 million tons annually. It carries arsenic, lead, mercury, chromium, selenium, and other toxic substances at concentrations capable of contaminating drinking water when storage ponds and landfills fail. This is not a theoretical concern in Wisconsin. Earthjustice has documented multiple sites across the state where coal ash has already reached local groundwater at levels that pose real public health risks. Families living near these sites deserve to know that robust protections are in place — not promises.

The current moment demands extra care. EPA's April 2026 proposal to roll back existing federal coal ash safeguards — including monitoring requirements and cleanup obligations — means Wisconsin's program could be approved against a weakening federal baseline. A state program built on diminished standards would leave residents with fewer protections than they had before, without anyone having explicitly chosen that outcome. The gap between what the law requires and what communities actually need is already too wide. Widening it further is not acceptable.

Meaningful oversight of coal ash sites requires three things working in concert: continuous groundwater monitoring that catches contamination before it spreads, enforceable cleanup obligations that require polluters to act when contamination is found, and transparent public access to the data so that communities can see what is happening beneath their feet. Approving a state program that falls short in any of these areas is not a technical administrative matter — it is a decision with direct consequences for human health, particularly for children, elderly residents, and others most vulnerable to toxic exposures.

The public comment period on Wisconsin's program is exactly the right moment to act. I urge you to conduct a thorough review, require documented evidence that all three protections are fully and durably in place, and decline to transfer authority until that standard is met.

These actions will ensure a better future for all.

Sincerely,