North Dakota Gains Authority Over Coal Ash Disposal: What It Means

North Dakota Takes Control: A Shift in Coal Ash Disposal Regulation

On November 5, 2025, North Dakota made a significant stride by becoming the fourth state in the U.S. to gain authority over its own coal combustion residuals (CCR) program. With this new power from the Environmental Protection Agency (EPA), the North Dakota Department of Environmental Quality can now issue permits for the disposal of coal ash, including fly ash and other residuals, directly without federal oversight. This marks a critical change in how coal waste is managed and demonstrates the state's commitment to balancing environmental protection with economic interests.

Understanding Coal Combustion Residuals

Coal combustion residuals are by-products from burning coal in power plants. Primarily comprising fly ash, bottom ash, and boiler slag, these materials can either be disposed of in landfills or recycled into valuable products like concrete and wallboard. The recycling of these materials offers a dual benefit: it reduces waste and promotes sustainability. For instance, in North Dakota, fly ash has been successfully used in the construction of key buildings like the North Dakota Heritage Center, helping to showcase the material's potential.

Environmental Oversight: A Double-Edged Sword

Although the state has received approval to manage its own CCR program, this move has elicited concerns from environmental advocacy groups. Critics argue that state-led management could lead to inadequate oversight, citing past environmental incidents, such as the catastrophic coal ash spills in Tennessee and North Carolina. These incidents underscore the dangers of allowing coal-related waste to be managed without stringent regulations. Scott Skokos, executive director of the Dakota Resource Council, emphasized that this change allows coal companies a “free pass to police themselves,” potentially risking groundwater and public health.

The Economic Case for State Regulation

Proponents of the new regulations, including North Dakota Governor Kelly Armstrong and EPA officials, argue that local management allows for more effective and adaptable oversight tailored to the state’s specific needs. Advocate Sen. John Hoeven has backed state management, highlighting economic benefits such as job preservation and the potential extraction of rare earth elements from CCR. According to state officials, maintaining a coal industry sustains approximately 12,000 jobs, which is a critical factor for many North Dakota families.

Coal Ash Disposal Oversight Across the U.S.

North Dakota joins Georgia, West Virginia, and Ohio as states permitted to manage their own disposal programs. The EPA’s decision allows these states to tailor regulations to suit their environmental and economic landscapes. As stated by EPA Administrator Lee Zeldin, this represents a unique opportunity for states to take the lead in environmental stewardship, potentially sparking a trend where more localities seek similar oversight.

Future Implications for North Dakota and Beyond

The effectiveness of North Dakota’s CCR program will be closely scrutinized in the upcoming years. The state has been monitoring coal waste since the 1990s and emphasizes existing well-honed practices that the EPA has acknowledged. The real challenge will lie in maintaining environmental integrity amid a backdrop of economic incentives. Zeldin’s statement expressed a hope for local expertise to yield positive outcomes, setting a precedent that could shape similar policies in other states. How successfully North Dakota balances these dual priorities will likely serve as a bellwether for future legislative frameworks.

A Call for Increased Transparency and Accountability

As North Dakota embarks on this new regulatory path, it becomes essential for stakeholders—including state officials, environmental groups, and the coal industry—to engage in transparent dialogue and foster accountability in the handling of coal ash. This approach will be crucial to garner public trust, especially in light of past issues with coal waste management. Building a robust framework to monitor CCR effectively could lead to a model other states would look to adopt, illustrating that economic growth and environmental stewardship don't have to be mutually exclusive.