U.S. State of North Dakota Coal Combustion Residuals Permit Program
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Proposed Approval
On May 12, 2025, EPA announced a proposal to approve the application submitted by North Dakota Department of Environmental Quality (ND DEQ) to allow the ND DEQ coal combustion residuals (CCR) permit program to operate in lieu of the federal CCR program. EPA preliminarily determined that the North Dakota CCR permit program meets the standard for approval under the Resource Conservation and Recovery Act.
EPA is seeking comment on this proposal for a 60-day public comment period that will begin when the notice is published in the Federal Register.
Public Hearing
EPA will hold a hybrid in-person (Bismarck, ND) and online public hearing about this proposed approval on July 8, 2025, starting at 9:00 a.m. Central Time. For more information and to register to speak at or attend either in person or virtually, visit our public hearing webpage.
Background
EPA received an application from the state of North Dakota requesting approval of their coal combustion residuals permit program.
In preparation of submittal of its application, North Dakota promulgated regulations for CCR disposal units at North Dakota Administrative Code Chapter 33.1-20-08, which largely replicate the technical criteria contained in federal CCR 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, NDCC 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.