Hoeven: EPA, North Dakota Sign Agreement Implementing Coal Ash Recycling Program

Hoeven: EPA, North Dakota Sign Agreement Implementing Coal Ash Recycling Program

Senator Authored, Passed 2016 Legislation Creating State-Led Permitting Program to Provide Regulatory Relief for Coal Producers

WASHINGTON - U.S. Senator John Hoeven today issued the following statement congratulating Governor Kelly Armstrong and U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin on signing an agreement formally implementing the State of North Dakota's coal ash recycling and disposal program. The program is made possible through bipartisan legislation Hoeven authored and passed in 2016, which was needed after an EPA rule issued in 2014 correctly regulated coal ash as a non-hazardous material, but did not create an effective enforcement mechanism. The 2014 regulation made coal ash recycling more difficult and created uncertainty and added cost for coal producers.

Instead, the Hoeven-created, state-led approach will:

• Provide certainty for the safe and efficient recycling of coal ash, helping to reduce costs and creating a potential revenue stream for coal producers.
  • Coal ash recycling allows for the productive use of coal residuals in applications like construction, where it serves as an ingredient in a less-expensive, stronger and more durable form of cement.
  • Coal ash was used in the construction of the North Dakota Heritage Center and the National Energy Center of Excellence at Bismarck State College.
• Establish an enforceable state permit program for the disposal of coal ash, which requires protective infrastructure for disposal sites as well as timely and effective groundwater monitoring, among other standards.
  • States that choose not to create a permit program or that do not have an approved application from EPA will continue to be regulated directly by EPA.

"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."

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