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EPA proposes approval of North Dakota coal ash permit program

Accepting public comments for 60 days

May 12, 2025

Contact Information
Honor Morgan (morgan.honor@epa.gov)

Bismarck, N.D. – Today, the U.S. Environmental Protection Agency (EPA) proposed to approve North Dakota’s coal combustion residuals (CCR or coal ash) program application, which would allow the state rather than the federal government to manage coal ash disposal in surface impoundments and landfills. 

“This proposal marks an important milestone in our partnership with North Dakota,” said Region 8 Administrator Cyrus Western. “By advancing a state-led coal ash program that meets federal standards, we’re reinforcing our commitment to environmental protection while recognizing North Dakota’s capability to manage its own resources. It’s a clear example of how EPA can work alongside states to support responsible energy production and Power the Great American Comeback.” 

CCR is produced primarily as a byproduct from burning coal in coal-fired power plants. After reviewing North Dakota Department of Environmental Quality’s application, EPA determined that its application meets the standards for approval. If finalized, North Dakota would become the fourth state in the U.S. to have an approved coal combustion residuals program. EPA is committed to working with North Dakota state partners as they establish and manage a CCR program that is tailored to their unique circumstances. 

"This is welcome news for North Dakota. The EPA’s recognition of our CCR program underscores our shared commitment to both environmental protection and U.S. energy independence,” said North Dakota Governor Kelly Armstrong. “By streamlining reporting requirements, this program shows how the state and industry can work together to safeguard our environment while supporting economic growth." 

“North Dakota is leading the way in developing more energy with better environmental stewardship, which is why we authored and passed bipartisan legislation in 2016 to enable this states-led approach for recycling coal ash,” said U.S. Senator John Hoeven. “We appreciate EPA working with our state to advance approval of North Dakota’s coal ash permit program, which will ultimately ensure that coal ash is managed in a way that works for our energy producers and the environment.” 

“President Trump’s approval of North Dakota’s Coal Combustion Residuals (CCR) Permit Program is a crystal-clear example of his commitment to American energy dominance,” said U.S. Senator Kevin Cramer. “North Dakota’s application contained all the required elements, yet the radical environmentalists embedded in the Biden administration sat on our state’s program permit intending to injure North Dakota’s coal industry. Our state produces the nation’s lowest cost electricity, and this approval will ensure we remain leaders in energy production. Thank you to President Trump and EPA Administrator Zeldin for processing North Dakota’s application and restoring sanity to the permit approval process!” 

EPA is accepting public comments on this approval proposal for 60 days. During this comment period, EPA will hold a public hearing on July 8 for interested parties to present information and remarks about the proposal. 

For more information and to view the proposal, visit the North Dakota CCR permit program webpage. 

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Last updated on May 12, 2025
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