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Thursday, Jan. 29, 2026

Does the North Dakota Coal Combustion Residuals program meet all federal requirements?


no

The U.S. Environmental Protection Agency has approved North
Dakota’s Coal Combustion Residuals permit program to operate in place of most
federal requirements under the Resource Conservation and Recovery Act. 

However,
the approval is partial. EPA did not approve the state program for certain
federal requirements, including portions of more recent federal rule
amendments, alternate liner demonstrations, and alternate groundwater
protection standards. 

For those areas, federal Coal Combustion Residuals regulations
continue to apply directly to facilities in North Dakota. 

As a result, while
North Dakota is authorized to administer most of the program, its program does
not cover all federally applicable CCR requirements.

This fact brief is responsive to conversations such as this one.

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