U.S. State of North Dakota Coal Combustion Residuals Permit Program
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Proposed Approval
On May 16, 2025, EPA proposed to approve the application submitted by North Dakota Department of Environmental Quality (ND DEQ) to allow the North Dakota coal combustion residuals (CCR) permit program to operate in lieu of the federal CCR permit program. EPA preliminarily determined that the North Dakota CCR permit program meets the standard for approval under the Resource Conservation and Recovery Act.
On August 11, 2025, EPA reopened the comment period to propose the Agency’s intention to approve additional revisions to the North Dakota Department of Environmental Quality's CCR permit program. If finalized, these additions will provide North Dakota with additional authority to implement their state coal combustion residuals permit program. EPA reopened the comment period to accept comments on the proposed revisions and EPA’s evaluation of the changes. EPA accepted comments through August 26, 2025.
Public Hearing
EPA held a hybrid in-person and online public hearing about this proposed approval on July 8, 2025. The hearing took place in person at the ND DEQ building, 4201 Normandy Street, Room 223, Bismarck, ND, 58503. For more information, visit our public hearing webpage.
Background
EPA received an application from the state of North Dakota requesting approval of their CCR permit program.
In preparation of submittal of its application, North Dakota promulgated regulations for coal combustion residuals disposal units at North Dakota Administrative Code (NDAC) Chapter 33.1-20-08, which largely replicate the technical criteria contained in federal coal combustion residuals regulations. In addition to the technical criteria in NDAC Chapter 33.1-20-08, North Dakota adopted state-specific permit requirements for CCR units at NDAC section 33.1-20-02 and public participation requirements in NDAC section 33.1-20-03.1-02, NDAC section 33.1-20-03.1-03, North Dakota Century Code section 23.1-08-09, and NDAC section 33.1-20-08-06.
EPA took the first step in the process of making a determination of whether to approve ND DEQ's CCR permit program by notifying North Dakota that their application is complete and that the formal process of soliciting public comment and making a final determination on North Dakota's CCR permit program will begin.