Fargo Standard

Congresswoman Julie Fedorchak (R-ND) joined EPA Administrator Lee Zeldin and Governor Kelly Armstrong to announce the approval of North Dakota’s coal combustion residuals (CCR) permit program. This move allows North Dakota, instead of the federal government, to manage permitting for CCR disposal in surface impoundments and landfills.

Coal combustion residuals are primarily byproducts from burning coal at power plants. The Environmental Protection Agency reviewed the application from the North Dakota Department of Environmental Quality and determined it met necessary standards on May 16, 2025. Following a public comment period, EPA finalized its approval. North Dakota is now the fourth state in the country with an approved CCR permit program.

“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 ash responsibly and strengthen our energy independence,” Fedorchak said. “I appreciate EPA Administrator Zeldin for recognizing North Dakota’s leadership and working with us to keep energy reliable, affordable, and responsibly produced.”

“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.”

Governor Armstrong emphasized that North Dakota has regulated CCR for over four decades while protecting public health and the environment. He also noted that extracting rare earth elements from CCR could reduce dependence on imports for critical minerals: “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,” Armstrong said. “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.”

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

For further details about North Dakota's CCR permit program, visit https://deq.nd.gov/wm/solidwaste/CCR/.