The U.S. Environmental Protection Agency announced in a joint press conference with the state of Indiana Tuesday that a state-led coal ash program is moving forward with federal approval.
“If finalized, this action would transfer authority from the federal government to the state of Indiana for regulating its coal combustion residuals units,” EPA Deputy Administrator David Fotouhi said. “Giving states the lead for CCR helps ensure that those who understand local conditions the best, and their local energy needs, are in the driver’s seat to oversee the process.”
The EPA approved an Indiana Department of Environmental Management proposal for a state-led program that would allow the state to establish a permitting program for legacy coal combustion residuals legacy sites. The EPA will now hold a 60-day public comment period for the proposed approval, including a Nov. 12 public hearing.
“Let me be very clear: this step reinforces, not weakens, safeguards for human health and the environment,” Fotouhi said. “It allows Hoosiers to decide what is best for Indiana instead of folks sitting behind desks in Washington, D.C.”
Fotouhi said the program could help bring lower energy costs and better reliability statewide. He added that Indiana is “critical to ensuring our nation has a bright and prosperous future.”
He also claimed that President Donald Trump’s administration inherited a “regulatory disaster” from former President Joe Biden’s administration, which “unjustly hurt industries and job creators across the country.”
According to Post-Tribune archives, the CCR plan, if it goes into effect, would create a permitting section with about nine to 13 staff members to address coal ash impoundment closure permit applications. It would also require any facility with coal ash units as defined by a federal rule to obtain a state permit.
Coal ash is a byproduct that is primarily created from burning coal in power plants, according to the EPA. It contains toxic heavy metals, including arsenic, boron, lithium, molybdenum and radium, which can interfere with child development and cancer.
According to IDEM, the agency estimates that more than 100 coal ash units statewide would require permitting under the EPA’s current rule, which would make Indiana the largest permitting program nationwide.
“We appreciate EPA’s quick and careful review of Indiana’s coal combustion residuals program application,” IDEM Commissioner Clint Woods said in a Tuesday news release. “This step underscores how strong cooperative federalism can address complex environmental challenges. IDEM is excited to take on the responsibility of overseeing what will be the nation’s most extensive CCR permitting program.”
Gov. Mike Braun thanked the EPA for their swift response to the application, and he said the program will bring transparency and accountability.
“We want to make sure that we’re protecting communities’ groundwater systems and the energy landscape,” Braun said. “Our program gives us stronger tools to prevent groundwater contamination, protecting drinking water.”
Braun also highlighted his actions for energy affordability, including calling on the Indiana Utility Regulatory Commission to investigate NIPSCO following the Aug. 11 derecho in Northwest Indiana and subsequent mass, extended power outages. The IURC has confirmed they plan to investigate NIPSCO.
In a previous statement to the Post-Tribune, a NIPSCO spokesperson said the utility company was aware of the call for investigation and will continue to communicate with Braun’s office and the IURC.
“NIPSCO values the regulatory process and will cooperate fully if the Commission were to open an investigation,” the previous statement said. “We are committed to transparency and cooperation in providing information regarding our operations and ongoing efforts to serve our customers safely and reliably.”
More Top Picks Ownboard Carbon Zeus Pro
Attorney General Todd Rokita said Tuesday that the CCR plan, if it goes into effect, will help decrease energy costs going forward. He also doubled down on claims that state oversight will be more beneficial than federal.
Rokita also revealed that state and local leaders joined Fotouhi and EPA Region 5 Administrator Anne Vogel for a Northwest Indiana roundtable about regional economic priorities and collaboration opportunities. They also toured the Cleveland-Cliffs Indiana Harbor facility in East Chicago and locations within the Calumet Area of Concern.
Indra Frank, coal ash advisor for the Hoosier Environmental Council, said in a Tuesday statement, that as written, the rule is good and “will go a long way toward protecting Hoosiers from coal ash pollution.”
The Hoosier Environmental Council has advocated for Indiana’s responsible coal ash disposal for many years, Frank said in her emailed statement, including on the proposed state coal ash rule.
However, Frank said Indiana’s coal ash rule is at risk, specifically because of a 2023 state House enrolled act that prohibits Indiana from having any coal ash requirements other than what’s in the federal rule.
“In other words, the Indiana coal ash rule mirrors the federal rule,” Frank said in her statement. “So, if the federal rule is good; Indiana’s rule is good. If the federal rule is weakened, Indiana’s rule gets weakened, and in April of this year, the Trump Administration proposed substantially weakening the federal rule and allowing a lot more coal ash pollution.”
If federal changes go through, the state will have to follow suit, which Frank said will leave Indiana “with a lot more coal ash pollution.” She and the Hoosier Environmental Council believe the Indiana legislature can undo that requirement.
Ashley Williams, executive director of Just Transition Northwest Indiana, said in a statement that Tuesday’s announcement benefits utility companies and not Hoosiers.
“They are making it even easier for polluters to sacrifice our community,” Williams said in an emailed statement.
Although the Braun administration wants energy costs to decrease, Williams said there will be great environmental and public health costs by keeping coal ash dumps open, including higher hospitals bills, worsening health problems, damaged drinking water in the Town of Pines and “a lakeshore on the verge of catastrophe from leaking coal ash at the Michigan City Generating Station.”
Williams also cited Earthjustice’s “Cleaning Up Coal Ash for Good” report, which found “cleaning up coal ash the right way” in Michigan City alone will generate 70 jobs each year, $4.5 million in total income and $9.3 million in total gross domestic product.
Williams also said the proposed program is a carbon copy of the federal rule, which is being dismantled and taking away cleanup mandates for legacy sites.
“By exempting these historic coal ash sites from regulation, it tells our communities in Northwest Indiana that our lives don’t matter,” she said. “This strikes a chord with me personally and with my community of Michigan City. We are tired of waiting for the EPA and now IDEM. We won’t stop fighting against the reckless deregulation agenda and for what is just and right for all coal ash-impacted communities.”