EPA Administrator Lee Zeldin announced the approval in Bismarck alongside Governor Kelly Armstrong, emphasizing a renewed focus on state-led resource management.
Zeldin stated:
“By entrusting state experts with the authority to oversee their own resources, we are reinforcing our commitment to both cooperative federalism and permitting reform. North Dakota’s deep understanding of its landscape and community needs ensures that local expertise leads the way in protecting the environment and fostering economic growth.”
While Governor Armstrong shared:
“North Dakota has regulated coal combustion residuals effectively for more than 40 years, protecting both the environment and public health. We appreciate EPA’s recognition of the strength and responsibility of our state-led approach.”
Supporters of the decision say it will streamline permitting, provide regulatory certainty for power producers, and reinforce local control over energy development. State officials also underscored the potential to recover rare earth elements and critical minerals from CCR—a process seen as strategically important to U.S. energy independence and national security.
North Dakota’s coal industry plays a key role in regional baseload electricity generation, producing some of the nation’s lowest-cost power. Senators John Hoeven and Kevin Cramer both noted that the state-led program provides “a more stable footing for coal producers” by ensuring efficient, cost-effective disposal and recycling of CCR materials.
EPA classified North Dakota’s CCR program as a partial approval, since the state did not seek authority for three federal provisions that remain under EPA jurisdiction:
For these items, federal requirements will continue to apply until North Dakota updates its program and resubmits for full approval.
EPA deemed North Dakota’s application complete on May 16, 2025, then opened a 60-day public comment period and held a hybrid public hearing on July 8 at NDDEQ’s Bismarck office. The agency reopened the comment period in August to include additional revisions proposed by NDDEQ before finalizing approval.
“This approval reflects that practical, state-driven solutions can deliver both environmental results and American energy opportunity,” said Cyrus Western, EPA Regional Administrator.
North Dakota joins Georgia, Oklahoma, and Texas as states with approved CCR permit programs. The shift to state-level management aligns with a broader EPA framework that allows qualified states to operate coal ash programs tailored to regional conditions while maintaining federal safety and groundwater standards.
CCR, commonly known as coal ash, is generated from coal-fired power plants and includes materials such as fly ash, bottom ash, and flue gas desulfurization sludge. Properly managed, these materials can be repurposed in construction and infrastructure applications—though mismanagement has been linked to water contamination risks.
