Office of the
Illinois Attorney General
Kwame Raoul

Chicago – Attorney General Kwame Raoul led a coalition of six attorneys general in opposing a U.S. Environmental Protection Agency (EPA) proposal to implement a federal permit program for the disposal of coal combustion residual (CCR), also known as coal ash. The EPA’s proposed permit program could allow coal ash facilities to receive federal permits without necessary scrutiny from the EPA.

Coal ash is a form of toxic waste that is left over after burning coal at power plants, which contains a host of toxic chemicals, including arsenic, lead and mercury. Coal ash can leach into groundwater near ash ponds or flow into nearby surface water when ash ponds overflow or via groundwater when ash ponds leak. The chemicals pose numerous dangers to human health, including cancer, cardiovascular effects and neurological effects.

“The EPA’s proposal would jeopardize the safety of Illinois’ waterways and human health,” Raoul said. “Although state regulations address coal ash in Illinois, federal permits could allow coal ash from other states to migrate into our waterways. I’m calling on the Trump administration to abandon these dangerous policy changes, and I will continue to work with my fellow attorneys general to advocate for strong environmental protections and oppose attempts to undermine or eliminate important regulations.”

In their comment letter submitted Wednesday to the EPA, Raoul and the coalition call on the agency to create a strong federal permit program that protects human health and the environment from the disposal of CCR. Raoul and the coalition explain that the EPA’s lax federal permit coverage under the proposal would allow overbroad general permits that would not require individualized scrutiny of the potential for adverse health or environmental effects. In addition, Raoul and the coalition highlight that the EPA’s proposal does not allow for an appropriate level of public participation in the permitting process.

The EPA has found that living near coal ash storage facilities such as ponds and landfills increases the risk of exposure to toxic metals like cadmium, cobalt, lead, thallium and other pollutants at concentrations far above levels that are considered safe, which can cause damage to human health including to the liver, kidneys, lungs and other organs. The letter cites the EPA’s own risk assessment, which found that risks to infants are particularly severe. The letter also notes that the EPA found that contamination from coal ash can accumulate in fish and contaminate drinking water with consequences including cancer, cardiovascular disease, neurological disorders, kidney and liver damage, and lowered IQs in children. In addition, CCR units in one state can lead to pollution via groundwater and surface water that crosses state lines. For example, coal ash in Indiana has significant consequences for water quality in Illinois.

Raoul and the coalition urge the EPA to withdraw its proposal and revise its provisions to create a federal permit program that ensures each CCR unit that would receive a federal permit achieves compliance with the applicable requirements intended to prevent adverse effects on health or the environment.

In addition to the comment letter, Raoul led a coalition of attorneys general in submitting comments in June opposing a related rule change that would rescind regulations protecting water from coal ash contamination. In 2024, the EPA adopted regulations for ash ponds at inactive power plants and other previously unregulated sites called coal combustion residuals management units. The Trump administration recently proposed a new rule that would relax requirements for legacy ash ponds and entirely exempt management units from federal regulation. In another comment letter, Raoul and a coalition of attorneys general noted that state regulations on coal ash are not uniform, and some states with coal ash ponds or landfills near their borders have weaker regulations, potentially threatening the waters of neighboring states.

These letters are the latest actions in Raoul’s ongoing work to protect the environment, advance clean energy solutions, and sound the alarm about the Trump administration’s unprecedented attempts to illegally dismantle programs and rescind regulations that protect clean air, clean water, clean energy, the climate, and public health and safety. Read more about those efforts here.

Joining Raoul in submitting this comment letter are the attorneys general of Colorado, Delaware, Maryland, Minnesota and New Mexico.