The North Dakota Department of Environmental Quality (NDDEQ) has been managing its own regulations for coal combustion residuals (CCR) for almost half a century. When the Environmental Protection Agency (EPA) opened the opportunity for states to apply for program primacy in regulating CCR activities, NDDEQ acted promptly by submitting an application on September 21, 2020.
After making necessary revisions and adjustments to state laws and rules, NDDEQ submitted a final and complete application on March 10, 2023. Despite this submission, the EPA has yet to make a decision on NDDEQ’s application, leading to continued delays.
Given North Dakota’s status as an energy-producing state, regulating the coal industry and specifically CCR is crucial. In response to the delay from the EPA, North Dakota has issued a notice of intent to sue in order to compel the agency to approve its CCR permit program. This move aims to allow the state to continue regulating its CCR activities as it has done successfully over many years.
Contact: Suzie Weigel at 701.328.2210
