EPA gives North Dakota authority over coal waste

U.S. Environmental Protection Agency Administrator Lee Zeldin signs an approval of North Dakota’s coal combustion residuals permit program surrounded by Gov. Kelly Armstrong, left; EPA Region 8 Administrator Cyrus Western, top left; state Department of Environmental Quality Director Dave Glatt, top middle; and U.S. Rep. Julie Fedorchak, R-N.D., right; during a press conference at Memorial Hall inside the North Dakota State Capitol on Wednesday, Nov. 5, 2025.

Joey Harris

Federal officials are handing off authority of many coal waste regulations to a North Dakota state agency. The move has been long sought by the state, but environmental groups might challenge it.

The federal Environmental Protection Agency announced on Wednesday that it will grant “primacy” — or independent authority — to the North Dakota Department of Environmental Quality (DEQ) to partially administer a coal combustion residuals (CCR) program. North Dakota is the fourth state to be given primacy over CCR.

CCR, also known as coal ash or coal waste, is a byproduct of burning coal, which is done at several power plants in North Dakota to produce electricity. The EPA says it contains contaminants such as mercury, cadmium, chromium and arsenic, which can cause serious health effects including cancer when exposed to people.

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US EPA gives North Dakota authority over coal waste