EPA Approves North Dakota Coal Combustion Residuals Permit Program

EPA Approves North Dakota Coal Combustion Residuals Permit Program

November 5, 2025

BISMARCK - Today, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced approval of North Dakota's coal combustion residuals (CCR) program application at a press conference at the state capital alongside Governor Kelly Armstrong. This will allow the state, rather than the federal government, to permit CCR disposal in surface impoundments and landfills.

"By entrusting state experts with the authority to oversee their own resources, we are reinforcing our commitment to both cooperative federalism and permitting reform," said Administrator Lee Zeldin. "North Dakota's deep understanding of its unique landscape and community needs ensures that local expertise leads the way in protecting the environment and fostering economic growth. This approval exemplifies how partnership between EPA and states can unleash American energy, create jobs, and Power the Great American Comeback."

"EPA is proud to support North Dakota's leadership and local expertise in managing its own coal combustion residuals program responsibly," said EPA Regional Administrator Cyrus Western. "This approval reflects that practical, state-driven solutions can deliver both environmental results and American energy opportunity."

"North Dakota has regulated coal combustion residuals effectively for more than 40 years, protecting both the environment and public health, and we appreciate the EPA and Administrator Zeldin for recognizing the strength and responsibility of our state-led approach," said North Dakota Governor Kelly Armstrong. "The potential to extract rare earth elements and critical minerals from CCR - instead of having to import them from foreign adversaries - makes this approval of our CCR permit program even more important to U.S. energy independence, the economy and national security."

"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. 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," said Senator Kevin Cramer (R-ND). "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 approving North Dakota's application and restoring sanity to the permitting approval process!"

"We created this state-led program through my legislation passed in 2016 to help give a more stable footing to coal producers, providing efficient, cost-effective methods for recycling and disposing of coal combustion residuals," said Senator John Hoeven (R-ND). "We appreciate Governor Armstrong and Administrator Zeldin for their work to finalize and approve North Dakota's program. This state-led approach means lower costs and more regulatory certainty, benefiting both the environment and our economy - a win-win for U.S. energy dominance. This is part of our work to maintain access to the reliable, affordable baseload power provided by coal that is available 24/7, no matter the weather."

"North Dakota has proven that environmental stewardship and energy development go hand in hand. This decision empowers our state-not Washington bureaucrats-to manage coal combustion residuals responsibly and strengthen our energy independence," said Representative Julie Fedorchak (R-ND-AL). "I appreciate EPA Administrator Zeldin for recognizing North Dakota's leadership and working with us to keep energy reliable, affordable, and responsibly produced."

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 it meets the standards for approval on May 16, 2025. After the public comment period ended, EPA finalized approval of the program. North Dakota is the fourth state in the U.S. to have an approved CCR permit program that is tailored to their unique circumstances.

For more information about the program, please visit the North Dakota CCR permit program webpage.

Background

On March 12, 2025, EPA committed to taking swift action on CCR, including state permit program reviews and updates to the CCR regulations. Since then, EPA proposed to approve Wyoming's program. EPA also made significant progress working with other states as they seek to manage their own CCR programs. EPA will continue working with state partners to prioritize timely action and empower those with local expertise to oversee more effective CCR disposal operations.

In July, EPA issued a proposal that would extend the compliance deadlines for CCR management unit requirements. This important action will allow facilities to submit both sections of the Facility Evaluation Report at the same time, provided that both reports are turned in no later than February 8, 2027. Additionally, EPA is working on a proposal to extend an alternative closure requirement deadline.