The Environmental Protection Agency is proposing changes to federal coal waste disposal regulations, a move that nearly 200 public interest groups say would weaken protections against toxic coal ash and put water sources at risk.
For decades, electric utilities disposed of coal ash — the waste left behind after burning coal for electricity — in unlined ponds and landfills. Arizona has 12 coal ash disposal sites, the environmental law nonprofit Earthjustice reported in 2023. Arizona utilities operated 10 federally regulated coal ash landfills at five power plants, the group said, all of which have groundwater contamination. One site has pollutant levels more than 20 times the federal limit.
Although many coal-fired power plants have closed in recent years, including the Navajo Generating Station in northern Arizona, the Trump administration has pushed for a revival of coal, loosening regulations and insisting that utilities keep coal power plants operating.
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The proposed regulatory changes would allow some facilities to certify the closure of older coal ash ponds if the coal ash was removed before Nov. 8, 2024, and under regulatory oversight. The proposal would also relax or eliminate several eligibility requirements for certain legacy coal ash ponds seeking to delay compliance with federal closure standards while site-specific decisions are made.
In addition, the EPA is proposing to exempt from federal regulations certain structures used primarily to remove water from coal ash before it is disposed of elsewhere. The agency is also seeking to eliminate current requirements for coal combustion residual management units while requesting public comment on possible alternative regulatory approaches.
"The Proposed Rule will severely harm water resources and the health of communities across the nation," according to a letter signed by 196 public interest groups who oppose the proposal. "We urge EPA to immediately withdraw this dangerous and illegal proposal and instead aggressively enforce the federal coal ash rules that are currently protecting the health and environment of Americans. Failure to do so will result in widespread harm from toxic waste, inflicted with full knowledge of the consequences by your EPA."
What is coal ash?
Coal ash, also known as coal combustion residuals, is a byproduct of burning coal at power plants. It contains toxic metals such as mercury, cadmium, and arsenic. If not properly managed, these contaminants can pollute rivers, groundwater, drinking water supplies and the air.
In the opposition letter, the groups said EPA and industry data have confirmed repeatedly that the hazardous constituents in coal ash also include boron, chromium, cobalt, lead, lithium molybdenum, and radium, and "pose serious harm to human health and the environment when they are released to air, water, and soil."
The opponents also said that EPA’s broad removal of health and environmental protections in the proposed rule will cause irreparable harm. Leaking coal ash dumps are releasing chemicals linked to cancer, heart and thyroid disease, reproductive failure and neurological harm.
"EPA’s current coal ash regulations are the product of decades of research by EPA, the Centers for Disease Control and Prevention, and independent scientists. The rules are informed by robust industry data, citizen input, and evidence at scores of sites contaminated by mismanagement of toxic ash," the letter said. "EPA acknowledges that releases of toxic chemicals from coal ash have occurred at most U.S. coal plants, resulting in groundwater exceeding federal safe standards at almost every plant. "
This file photo shows a coal pit at Kayenta Mine, which closed in 2019.The Environmental Protection Agency is proposing changes to federal coal waste disposal regulations that critics say would weaken protections against toxic coal ash and put water sources at risk.
Coal-fired power plants generate millions of tons of coal ash each year. According to the American Coal Ash Association, U.S. power plants produced about 63.6 million tons of coal combustion residuals in 2024.
Over the years, coal plants have generated an estimated 5 billion tons of coal ash, much of it stored in landfills and surface impoundments, often near lakes and rivers. Environmental advocates warn that these storage sites can leak or fail, contaminating soil, groundwater, and nearby waterways and posing risks to surrounding communities.
Arizona and New Mexico attorneys general oppose EPA proposal
The attorneys general of Arizona, New Mexico, Colorado, Illinois, Delaware, Maryland, Minnesota and Vermont have also submitted comments opposing the EPA's proposed changes to federal coal ash regulations.
The states oppose the proposal, arguing it would weaken protections adopted in the EPA's 2024 coal ash rule. They say the changes would roll back regulations for older coal ash ponds and other coal ash disposal sites while shifting more responsibility to states to address environmental risks and cleanup.
"Many of these dangerous proposed rollbacks are characterized as offering additional flexibility to permitting authorities, who are often state authorities," wrote the attorneys general letter. The officials urged EPA to "retain strong, national baseline standards that protect human health and the environment. Rather than improving the program, more 'flexibilities' threaten to leave the environmental risk from massive quantities of CCR ignored under federal requirements, leaving states with the administrative burden of cleaning up the mess."
The states also argued that if the EPA moves forward without addressing these concerns, the proposal would violate the Administrative Procedure Act and the Resource Conservation and Recovery Act. They urged the agency to keep the current coal ash regulations adopted under the 2024 rule.
Navajo leadership digs coal
While the proposed changes to federal coal ash regulations have drawn concern from states and environmental organizations, the Navajo Nation is also weighing Navajo Transitional Energy Company's proposal to expand the Navajo Mine into the Burnham, New Mexico, community.
In January, The Arizona Republic reported that community members and Navajo-led environmental organizations had voiced opposition to the expansion.
This proposed expansion of the Navajo Mine by the NTEC could keep the operation running for 110 years, even though the only coal-fired power plant it supplies, Four Corners Power Plant, is set to close in 2031. For the most part, Navajo leaders support the endeavor, including President Buu Nygren and the Navajo Nation Council's Resource and Development Committee. The majority of the six-member committee is seeking reelection.
Recently, the committee met with NTEC's board of directors to receive a $5.5 million dividend for the Navajo Nation. The dividend, generated from NTEC’s 2025 performance year, is the largest distribution ever provided by the Navajo enterprise, an increase from the $3.15 million distribution received in September 2025.
“I want you to know that as mine workers, you represent NTEC and the mine every day,” Delegate Rickie Nez said. “In addition to the dividends provided to the Navajo Nation, NTEC supports scholarships, community programs, veterans, elders, and provides coal assistance to Navajo and Hopi families.”
According to NTEC, the Navajo Mine provides high-paying jobs for more than 600 employees, 86 percent of whom are Navajo. The operation also contributes more than $100 million annually to the Navajo Nation through taxes, royalties, and wages, supporting approximately 35% of the Navajo Nation General Fund.
While Navajo Nation leaders have largely emphasized coal mining's role in supporting jobs and generating revenue for the tribe's general fund, some community members say the long-term environmental and health impacts experienced by nearby residents are usually ignored.
How coal mines have affected Black Mesa residents
Karletta Chief, an associate professor and extension specialist in the Department of Environmental Science at the University of Arizona, presented preliminary findings to the Navajo Nation Resource and Development Committee on behalf of Renée Tsinigine, Ph.D., also of the UA.
The findings were based on listening sessions conducted between November 2025 and January 2026 to examine how coal mining has affected the health, well-being, and daily lives of Navajo residents on Black Mesa, where Peabody once operated the Kayenta and Black Mesa strip mines.
The listening sessions included 42 participants from the Kayenta and Forest Lake chapters, the majority of whom were women. Chief said the discussions showed that coal mining has had wide-ranging effects on the well-being of Black Mesa residents, including impacts on health, wildlife, the environment, traditional ways of life, livelihoods and lasting community hardships.
"The first thing is 'coal mining impacts' participants recall the beauty of the land before mining began," Chief said. "'It was beautiful at one time. We had trees and greenery. Once the land got dug into, that all changed.'"
Chief said many participants described a sense of broken promises made to their communities during the years of coal mining.
"The mine has closed down, and they pretty much left us with nothing," one participant said. "It kind of makes me feel sad, angry. What was promised never came to fruition, and a lot of the people are now gone and none these promises have been fulfilled."
Chief said participants also discussed the health impacts of coal mining, including emotional stress and trauma. Through the listening sessions, many shared stories of family members and neighbors becoming ill from black lung disease. Some said elders never fully understood the illnesses they were facing.
Participants also described environmental changes they have witnessed over the years. She noted that participants explained how there was less water available, as well as contamination of their water source that killed countless sheep and livestock.
"'These areas that have natural springs, very rarely do they flow, but when you go to the area now it's dry now,'" Chief said one participant said. "Vegetation that used to grow near those springs are no longer there.'"
The fourth theme focused on impacts on traditional practices. Participants said coal mining activities disrupted cultural practices, sacred areas, and ceremonial sites. Some also suggested the Navajo Nation could support the community by helping develop a cultural center or museum to preserve and share local history and traditions, "to really say this is what we had before Peabody destroyed all of this."
"A participant said, 'even if you say no, they demolished those things,'" Chief said. "'They don't want our culture.' One participant said, 'We are kind of the last generation complaining about what Peabody has done to us. They are just waiting. Even the Navajo tribe. They are just waiting for us to die off.'"
