A U.S. Department of Justice attorney has given an update to the Environmental Protection Agency’s plan to revise coal ash rules, which would impact communities nationwide, including potentially some in Northwest Indiana.
In an Aug. 19 email, a representative from EarthJustice told the Post-Tribune that the EPA plans to release a draft of the revised coal ash rule by Jan. 30, 2026, and the final rule by Oct. 30, 2026.
EarthJustice is a San Francisco-based nonprofit public interest environmental law organization that works with community groups nationwide.
The EPA announced in July that it will extend compliance deadlines for monitoring and cleaning up coal ash, a byproduct that is created primarily from burning coal in power planes, according to the agency. If the compliance deadlines are extended, coal plant owners could stall clean up past 2030.
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“(President Donald) Trump’s EPA is abandoning its responsibility to communities across the country, allowing toxic coal ash to continue contaminating water supplies,” Lisa Evans, senior counsel for EarthJustice, said in a previous news release. “The longer industry delays dealing with its toxic mess, the more toxic waste enters our water, and the more difficult and costly cleanup becomes. These coal power companies cannot escape liability for their reckless release of toxic coal ash.”
In addition to rule changes, the EPA might take other actions on coal ash, including: outsourcing oversight in some states by approving bad state permit programs; weakening power plant wastewater treatment guidelines; exempting some use of coal ash on coal plant properties from cleanup requirements; implementing a broader gutting of coal ash regulations; and finalizing a draft federal coal ash permit program that will enable the EPA to grant lifetime permits for waste sites.
The EPA will host a hearing at 8 a.m. Sep. 12 about the changes to the coal ash rule. Those interested in the online hearing can register through the EPA’s website.
“President Trump recognizes that affordable and reliable energy are key to the strength of our nation and to our nation’s energy dominance,” EPA Administrator Lee Zeldin previously said in a statement. “Today’s actions provide much needed regulatory relief for the power sector and help deliver on the commitments outlined on the greatest day in deregulatory to unleash American energy, lower costs for Americans, and work hand-in-hand with our state partners to advance our shared mission.”
In Northwest Indiana, the Town of Pines has been contaminated by coal ash from the nearby Yard 520 landfill, which held more than one million tons of coal ash from NIPSCO’s Michigan City Generating Station.
“NIPSCO is committed to following the direction of the U.S. EPA to ensure the Town of Pines remediation work is conducted properly so that human health and the environment are protected,” NIPSCO Communications Manager Jessica Cantarelli said in a previous statement.
In addition to EPA coal ash changes, an interior and environment appropriations bill is making its way through Congress and would not allow the EPA to use funds to implement or enforce the federal coal ash bill, if passed.
The bill would impact federal coal ash work but would not block states from taking action. Cleanups continue to be delayed while federal rules are debated, which allows for further contamination.
Rep. Frank Mrvan, D-Highland previously told the Post-Tribune in a statement that he supported an amendment to remove “harmful provisions” that eliminated the EPA’s ability to support local and state cleanup efforts at legacy pollution sites.
“All efforts to address coal ash must prioritize the health, safety and quality of life of families across Northwest Indiana for generations to come,” Mrvan said. “I will continue to advocate for environmental protections to keep our communities safe and address the harmful impacts of coal ash.”