Senator John Hoeven, U.S. Senator of North Dakota | Senator John Hoeven Official website
Senator John Hoeven, U.S. Senator of North Dakota | Senator John Hoeven Official website
U.S. Senator John Hoeven has announced the formal implementation of North Dakota’s coal ash recycling and disposal program. The agreement, signed by Governor Kelly Armstrong and U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin, establishes a state-led framework for managing coal ash in North Dakota.
The program stems from bipartisan legislation authored by Hoeven in 2016. This legislative action followed an EPA rule from 2014 that classified coal ash as a non-hazardous material but did not provide a clear enforcement mechanism, which created uncertainty and increased costs for coal producers.
Under the new state-led approach, North Dakota will oversee the safe recycling and disposal of coal ash. The program is expected to reduce costs for coal producers while providing opportunities to recycle coal residuals into products such as cement used in construction projects. Notably, recycled coal ash has been used in constructing the North Dakota Heritage Center and the National Energy Center of Excellence at Bismarck State College.
The agreement also sets up an enforceable permit system for disposing of coal ash within the state. This includes requirements for protective infrastructure at disposal sites and effective groundwater monitoring standards. States without their own approved programs will remain under direct EPA regulation.
Senator Hoeven stated: “We created this state-led program through my legislation passed in 2016 to help give a more stable footing to coal producers, providing efficient, cost-effective methods for recycling and disposing of coal ash,” said Senator Hoeven. “We appreciate Governor Armstrong and Administrator Zeldin for their work to finalize and approve North Dakota’s program. This state-led approach means lower costs and more regulatory certainty, benefiting both the environment and our economy – a win-win for U.S. energy dominance. This is part of our work to maintain access to the reliable, affordable baseload power provided by coal that is available 24/7, no matter the weather.”

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