FOR IMMEDIATE RELEASE
Press Contact:

Ben Frech
Public Affairs Manager
National Ground Water Association
E: bfrech@ngwa.org

NGWA Submits Comments on EPA’s Coal Ash Disposal Permit Program

Comments urge EPA to ensure consistent regulations, a timely permitting process, and provide
adequate resources to the program

Westerville, Ohio (July 2, 2026) — The National Ground Water Association (NGWA) submitted comments on June 29th to the U.S. Environmental Protection Agency regarding the re-opening of the rule, “Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals from Electric Utilities; Federal CCR Permit Program,” originally proposed in 2020. 

The reopened rule would establish a formal permitting program for coal ash disposal sites which are the landfills and impoundments where utilities store the waste left over from burning coal for electricity. Rather than utilities self-certifying compliance with standard federal requirements, they would be required to obtain and maintain a permit, giving regulators direct authority to oversee how each site is designed, monitored, and managed. The rule also establishes how the public may participate in the permitting process, how monitoring data is made available electronically, and how violations are addressed through enforceable permit conditions. 

In their comments, NGWA outlined several principal concerns with the proposed permitting framework, including maintaining consistent groundwater permitting rules among states and ensuring permit decisions remain grounded in sound hydrogeologic science. NGWA also urged the EPA to provide sufficient resources for effective permit review and oversight, and to avoid delays that could postpone protection measures for groundwater and nearby well owners..

“Groundwater protection needs to be at the center of any coal ash permitting program,” said Ben Frech, NGWA Government Affairs Manager. “Our comments reflect the expertise of our members and our commitment to a permitting process that is grounded in sound science and timely enough to protect the communities and groundwater users living near these disposal sites.” 

Nationwide, the U.S. EPA estimates that coal combustion residuals (coal ash) are disposed of across more than 310 active on-site landfills and 735 active on-site surface impoundments. Over 90% of the impoundments are unlined, potentially allowing contamination of groundwater.