U.S. Rep. Kelly Morrison Raises Alarm on New EPA Proposal That Would Allow Hundreds of Millions of Pounds of Toxic Pollutants into US Waterways

WASHINGTON, DC - Today, U.S. Representative Kelly Morrison (MN-03) led more than 30 members of Congress in a letter to Environmental Protection Agency (EPA) Administrator Lee Zeldin urging the EPA to protect American waterways and not weaken protections that keep toxic metals and other dangerous pollutants from leaching into rivers and our drinking water supply.

In 2024, the EPA strengthened clean water protections by setting stricter limits on the discharge from coal plants, reducing the amount of toxic metals entering our nation's waterways and protecting Americans from dangerous pollutants like arsenic, lead, and mercury that are linked to cancer, birth defects, neurological damage, and environmental degradation.

But now, the EPA is proposing to weaken key protections and put millions of Americans' clean drinking water at risk. A 2025 study found that the nation's drinking water systems and wastewater systems are already concerningly below average (receiving a C- and D+ grade, respectively) - and this change in regulations will only make them more polluted.

In the letter, Representative Morrison and her colleagues are urging the EPA to continue to protect clean water, hold a public hearing, and extend the comment period to allow the American people to have a say in the health of their waterways.

"As a doctor, I am extremely concerned about what this regulation change means for our nation's health. Millions of more pounds of dangerous and cancer-causing toxins in our drinking water is a public health disaster that can, and should, be avoided," said Congresswoman Kelly Morrison. "The Environmental Protection Agency was created to ensure the health and safety of not just our natural resources, but the American people. Allowing coal plants to leach more toxic pollutants into our waterways is the exact opposite of what our EPA should be doing. The American people deserve to be able to have their voices heard on this dangerous threat to their health and well-being."

This letter is co-led by Representatives Valerie Foushee (NC-04), Jennifer McClellan (VA-04), and Chris Deluzio (PA-17).

Read the full text of the letter HERE and below:

Dear Administrator Zeldin and Assistant Administrator Kramer:

We write to express grave concerns regarding EPA's proposed revisions to the Steam Electric Power Generating Effluent Limitations Guidelines (ELGs) under the Clean Water Act. Given the national significance of the proposed rule, particularly its implications for wastewater management, drinking water safety, and river health, we urge EPA to hold a public hearing and extend the comment period by at least 30 days to ensure meaningful public participation.

Steam electric power plants continue to discharge wastewater containing toxic metals and other pollutants that can adversely affect human health and aquatic ecosystems. Pollutants such as arsenic, lead, mercury, selenium, cadmium, boron, and bromides are linked to cancer, birth defects, neurological damage, and environmental degradation.1

In 2024, the EPA determined that coal plants released toxic chemicals into drinking water sources serving more than 30 million Americans. Under the 2024 Supplemental Steam Electric ELG Rule, EPA required more stringent Clean Water Act treatment requirements for the three largest waste streams of coal plant wastewater, which would significantly reduce the amount of harmful pollution that these plants are allowed to release into our waterways. The 2024 Rule was informed by over 15 years of scientific research, data collection, and technical analysis by the agency, as well as public and stakeholder engagement and advocacy. The rule received broad support from affected communities, drinking water providers, Tribal governments, and state agencies.

The misguided revision would weaken key protections in the 2024 Rule that would have required coal plants to treat toxic "unmanaged" leachate wastewater. EPA's own analysis shows the 2024 Rule would prevent between 660 and 672 million pounds of pollutants from entering U.S. waterways each year.2 A 30-day comment period is insufficient for stakeholders to review the technical support documents.3

According to the American Society of Civil Engineers' 2025 Infrastructure Report Card, the nation's drinking water systems received a grade of C- and wastewater systems received a D+, reflecting chronic underinvestment, aging infrastructure, and jeopardizing water quality.4 The grades point out an urgent need to reduce upstream pollution loads so that already-strained water systems are not forced to shoulder additional treatment burdens.

Across the country, rivers are experiencing record-low flows and rising temperatures, reducing their capacity to dilute pollutants, and increasing the toxicity of discharges. Relaxing rather than reinforcing compliance standards will only make water treatment harder and more expensive for communities. From the Mississippi to the Potomac and the Columbia to the LA River, communities are grappling with contamination challenges. They deserve a transparent process and meaningful opportunity to be heard.5

To that end, we recommend the Agency withdraw this proposal and instead:

For these reasons, we respectfully urge EPA to strengthen the rulemaking process by holding a public hearing and extending the comment period by at least 30 days. We look forward to your response detailing how the Agency will meet obligations under the Clean Water Act and ensure that its decisions align with its mission to safeguard clean water for all Americans.

Thank you for your consideration.

1 University of Mississippi. (2026, April). Study links coal ash sites to elevated cancer risk nationwide. https://olemiss.edu/news/2026/04/study-links-coal-ash-sites-to-elevated-cancer-risk-nationwide/index.html

2 U.S. Environmental Protection Agency. (2024, May 9). Supplemental Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category. https://www.federalregister.gov/d/2024-09185

3 Waterkeeper Alliance. (2024, April 18). Waterkeeper Alliance, partners sue to stop coal plants from poisoning our water. https://waterkeeper.org/news/waterkeeper-alliance-partners-sue-to-stop-coal-plants-from-poisoning-our-water/

4 American Society of Civil Engineers. (2025, March 25). 2025 Report Card for America's Infrastructure. https://infrastructurereportcard.org/

5 U.S. Environmental Protection Agency. (2025, January 23). EPA Administrator Lee Zeldin announces EPA's Powering the Great American Comeback. https://www.epa.gov/newsreleases/epa-administrator-lee-zeldin-announces-epas-powering-great-american-comeback

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