Hoeven: EPA Approves State-Led Coal Ash Recycling and Disposal Program in North Dakota

Hoeven: EPA Approves State-Led Coal Ash Recycling and Disposal Program in North Dakota

Program Created Under Hoeven-Led Law Passed in 2016, Provides Certainty for Coal Producers

WASHINGTON - U.S. Senator John Hoeven today announced the U.S. Environmental Protection Agency (EPA) approved the State of North Dakota's application for a state-led coal ash recycling and disposal program. The program is made possible through bipartisan legislation Hoeven authored and passed in 2016 and will:

• Provide certainty for the safe and efficient recycling of coal ash.
  • 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.

"North Dakota is leading the way in developing more energy with better environmental stewardship, which is why we authored and passed bipartisan legislation in 2016 to enable this states-led approach for recycling coal ash," said Hoeven. "We appreciate EPA working with our state to advance approval of North Dakota's coal ash permit program, which will ultimately ensure that coal ash is managed in a way that works for our energy producers and the environment."

Hoeven's legislation was needed after an EPA rule issued in 2014 correctly regulated coal as a non-hazardous material, but did not create an effective enforcement mechanism. Instead, the regulation relied on litigation to enforce standards, creating uncertainty and added cost for coal producers. 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.

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