EPA Proposes Allowing Indiana to Take Over Regulation of Coal Ash Sites

Indiana formally requested authority over its coal ash program in June 2026, after spending roughly five or six years seeking control; the EPA has regulated coal waste permits since 2015.
Indiana would become the largest state to manage its own coal ash program and would join nine other states pursuing similar permitting authority. Applications were also reportedly under development in Virginia, Louisiana, Alabama and Wisconsin, following comparable shifts in North Dakota and Wyoming.
EPA Deputy Administrator David Fotouhi said the change is intended to provide greater regulatory certainty for industries, support grid reliability and reduce energy costs, not merely transfer permitting authority to the state.
Gov. Mike Braun rejected the idea that state control would mean weaker enforcement, saying Indiana would continue protecting waterways and holding companies to high environmental standards. He also described himself as a conservationist and said protecting and improving the environment would remain a priority.
Rokita said state control could encourage utilities to maintain an “all of the above” energy strategy, while Braun argued that investor-owned utilities had been pushed toward expensive, impractical approaches whose costs were passed on to ratepayers.
The EPA has proposed letting Indiana take over permitting and oversight of coal ash from more than 100 sites—more than any other state in the nation. EPA officials say the shift would preserve environmental safeguards while giving state regulators greater control. Governor Mike Braun and Attorney General Todd Rokita argue state management could improve groundwater protections, speed decisions, and lower consumer energy costs.
The proposal follows Indiana's formal request in June 2026 after years of seeking authority. WBIW reports the EPA regulated coal waste permits since 2015. Environmental experts have split views: some praise local knowledge, while others worry state regulators may not enforce protections as strictly as federal officials.
Indiana would become the largest state managing its own coal ash program if the EPA approves the proposal. Chicago Tribune reports nine other states are pursuing similar permitting authority. Virginia, Louisiana, Alabama, and Wisconsin have applications in development, following comparable shifts in North Dakota and Wyoming.
Governor Braun rejected concerns that state control means weaker enforcement. He said Indiana would continue protecting waterways and holding companies to high environmental standards. WIBC reports he described himself as a conservationist committed to improving the environment.
Braun argued that investor-owned utilities had faced pressure toward expensive energy approaches whose costs landed on ratepayers. Attorney General Rokita said state control could support utilities in maintaining an "all of the above" energy strategy. LPM notes the push aims to reduce regulation and lower energy costs.
EPA Deputy Administrator David Fotouhi said the change provides greater regulatory certainty for industries and supports grid reliability. Indiana Capital Chronicle reports he emphasized this is not simply transferring permitting authority—the EPA intends to reduce energy costs. Federal environmental standards and oversight remain in place under the proposal.
The proposal remains subject to a 60-day public comment period and a public hearing before the EPA makes a final decision. Environmental groups have expressed mixed reactions. Supporters emphasize local knowledge and faster decisions, while critics worry whether Indiana regulators will enforce protections with the same rigor as federal officials.
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