North Dakota Gains Coal Ash Permit Power from EPA's Nod
Published Date: 11/17/2025
Rule
Summary
The EPA just gave a big thumbs-up to North Dakota’s new state program for managing coal ash waste, meaning the state will handle permits instead of the federal government starting December 17, 2025. This change affects power plants and companies dealing with coal ash, aiming to keep the environment safe while streamlining rules. It’s a win for local control with no extra costs for businesses or taxpayers.
Analyzed Economic Effects
6 provisions identified: 1 benefits, 1 costs, 4 mixed.
State Can Assess Large Civil Penalties
Under North Dakota law, NDDEQ can assess civil penalties up to $12,500 per day for each violation of the State code, rules, or permit conditions. With EPA approval of the State program, those State enforcement authorities apply to CCR permittees in North Dakota.
State Takes Over Coal‑Ash Permits
Starting December 17, 2025, North Dakota will issue and enforce permits for coal combustion residuals (coal ash) instead of the federal government. If you own or operate a coal ash landfill or surface impoundment in North Dakota, you must obtain and comply with NDDEQ permits under North Dakota rules.
Partial Program — Some Federal Rules Remain
North Dakota’s approval is a partial CCR permit program, so only the State requirements approved by EPA operate in place of the Federal CCR rules. Facilities in North Dakota remain responsible for compliance with any Federal CCR requirements that were not approved as part of the State's partial program.
State Permits Provide a Permit Shield; EPA Oversight Remains
Once NDDEQ issues a final CCR permit under the approved program, the permit's terms become the enforceable requirements and provide a permit shield against direct enforcement of the applicable Federal or State CCR regulations. EPA still retains certain authorities: it can enforce remaining Federal requirements, inspect under RCRA section 3007, and bring enforcement under section 3008 if assistance is requested or EPA deems it necessary.
Public Notice, Hearings, and Citizen Intervention
North Dakota requires public notice and a 30-day comment period for draft CCR permits, may hold hearings if there is significant interest, and allows people aggrieved by permit decisions to appeal or bring civil actions. Citizens can intervene as a matter of right in enforcement actions related to CCR matters.
State Program Funding and Fees
NDDEQ expects to fund administration of the solid waste and CCR permit program from permit fees and State general funds, with an anticipated program budget of about $2.2 million. North Dakota received $571,396 in EPA State and Tribal Assistance Grants to develop the CCR program.
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