EPA Announces Proposed Approval of North Dakota Coal Combustion Residual Program

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WASHINGTON, D.C. - After two years of delay, the U.S. Environmental Protection Agency (EPA) announced the proposed approval of North Dakota's Coal Combustion Residual (CCR) Permit Program. States are authorized to apply for primacy to operate their own permit programs as long as such programs meet federal baseline standards. CCRs consist of solid byproducts from coal-based power plants, including fly ash, bottom ash, boiler slag, and flue gas desulfurization solids like synthetic gypsum.

U.S. Senator Kevin Cramer (R-ND), member of the Senate Environment and Public Works Committee, applauded the EPA's announcement.

"President Trump's approval of North Dakota's CCR Permit Program is a crystal-clear example of his commitment to American energy dominance," said Cramer. "North Dakota's application contained all of the required elements, yet the radical environmentalist embedded in the Biden administration sat on our program and our permit with the full intention to injure North Dakota's coal industry because they hate coal. Our state really produces the nation's lowest cost electricity because of that coal, and this approval will certainly ensure we remain leaders in energy production. Thank you to President Trump and EPA Administrator Zeldin for processing our state's application and restoring sanity to the permit approval process!"

In 2023, Cramer secured more than $600,000 from the EPA for North Dakota to create its CCR Program and finalize its application, ensuring adherence to federal standards and training for North Dakota program staff. Despite clear statutory language requiring a decision in less than 180 days, the EPA kept the application in limbo for more than two years. Only after direct involvement from President Trump and Administrator Zeldin did EPA reengage with North Dakota to announce the proposed approval of the application.

Previously, then-Congressman Cramer supported the Water Infrastructure Improvements for the Nation (WIIN) Act to direct the EPA to approve state primacy programs regulating CCRs in states that choose to apply. The WIIN Act was signed into law on December 16, 2016.