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EPA Approves North Dakota Coal Ash Program

EPA Approves North Dakota Coal Ash Program


By Scout Nelson

North Dakota has officially implemented a state-led coal ash recycling and disposal program following an agreement signed between Governor Kelly Armstrong and U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin.

This milestone was made possible through bipartisan legislation authored by Senator John Hoeven in 2016, designed to provide greater regulatory stability and cost savings for coal producers.

The new program addresses challenges that arose from a 2014 EPA rule that classified coal ash as a non-hazardous material but lacked an effective enforcement structure.

The absence of a state-level system created confusion, raised costs, and slowed recycling efforts. Senator Hoeven’s 2016 law changed that, empowering states to manage their own coal ash recycling and disposal under federal oversight.

The North Dakota program is designed to:

  • Ensure safe and efficient recycling of coal ash, reducing costs for producers while creating new revenue opportunities.
  • Promote the use of coal ash in construction materials, helping make stronger, more affordable cement used in projects like the North Dakota Heritage Center and Bismarck State College’s National Energy Center of Excellence.
  • Establish a state permit system for disposal sites, requiring strong infrastructure standards and groundwater monitoring for environmental protection.

“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 ash,” said Senator Hoeven. “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.”

The program reinforces North Dakota’s leadership in responsible energy management, supporting coal as a reliable and affordable power source. By combining environmental protection with industry innovation, the state ensures a strong energy future for both communities and the economy.

Photo Credit: pexels-fauxels

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