Proposed Rule2025-15183
North Dakota: Approval of State Coal Combustion Residuals Permit Program; Reopening of Comment Period
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 11, 2025
Effective
May 16, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA or the Agency) issued a Federal Register document on May 16, 2025, proposing to approve the North Dakota Coal Combustion Residuals (CCR) partial permit program under the Resource Conservation and Recovery Act (RCRA). EPA is reopening the comment period to propose its intention to approve additional revisions to the North Dakota CCR permit program which, if finalized, will provide North Dakota with additional authority to implement a State CCR permit program. The Agency is reopening the comment period to accept comments on the proposed revisions and EPA's evaluation of the changes.
Full Text
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<title>Federal Register, Volume 90 Issue 152 (Monday, August 11, 2025)</title>
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[Federal Register Volume 90, Number 152 (Monday, August 11, 2025)]
[Proposed Rules]
[Pages 38619-38620]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15183]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 257
[EPA-HQ-OLEM-2021-0051; FRL-12769-03-OLEM]
North Dakota: Approval of State Coal Combustion Residuals Permit
Program; Reopening of Comment Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notification of availability; reopening of comment period.
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SUMMARY: The Environmental Protection Agency (EPA or the Agency) issued
a Federal Register document on May 16, 2025, proposing to approve the
North Dakota Coal Combustion Residuals (CCR) partial permit program
under the Resource Conservation and Recovery Act (RCRA). EPA is
reopening the comment period to propose its intention to approve
additional revisions to the North Dakota CCR permit program which, if
finalized, will provide North Dakota with additional authority to
implement a State CCR permit program. The Agency is reopening the
comment period to accept comments on the proposed revisions and EPA's
evaluation of the changes.
DATES: The comment period for the notification of availability
published on May 16, 2025 (90 FR 20985) closed July 15, 2025, and is
reopened for an additional 15 days. Comments must be received on or
before August 26, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OLEM-2021-0051, online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the
detailed online instructions provided under ADDRESSES in the Federal
[[Page 38620]]
Register document published on May 16, 2025 (90 FR 20985). Do not
submit electronically any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Additional instruction on commenting and
visiting the docket, along with more information about dockets
generally, is available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Michelle Lloyd, Office of Resource
Conservation and Recovery, Materials Recovery and Waste Management
Division, Environmental Protection Agency, 1200 Pennsylvania Avenue NW,
MC: 5304T, Washington, DC 20460; telephone number: (202) 566-0560;
email address: <a href="/cdn-cgi/l/email-protection#0b676764726f25666268636e67676e4b6e7b6a256c647d"><span class="__cf_email__" data-cfemail="4529292a3c216b282c262d20292920052035246b222a33">[email protected]</span></a>. For more information on this
rulemaking please visit <a href="https://www.epa.gov/coalash">https://www.epa.gov/coalash</a>.
SUPPLEMENTARY INFORMATION: EPA is reopening the comment period on the
proposed approval, North Dakota: Approval of State Coal Combustion
Residuals Permit Program (May 16, 2025, 90 FR 20985) to provide notice
of and accept public comment on revisions to the State's CCR permit
program that EPA intends to approve as part of North Dakota's partial
CCR permit program because the Agency determined the revisions are at
least as protective as the Federal CCR regulations. On June 26, 2025,
the North Dakota Department of Environmental Quality (NDDEQ) informed
EPA of rule changes to the North Dakota Administrative Code (NDAC)
Chapters 33.1-20-01.1 (General Provisions), 33.1-20-02.1
(Applicability), and 33.1-20-08 (Disposal of Coal Combustion Residuals
(CCR) in Landfills and Surface Impoundments) of the Solid Waste
Management Rules that the State completed in 2024. The rule changes
became effective on October 1, 2024. NDDEQ sent the updated rule
changes and rulemaking information to the Agency on July 3, 2025. EPA
placed the new relevant NDAC rule changes in the docket for this
action. Additionally, EPA prepared an additional evaluation of North
Dakota's CCR permit program submittal in light of these revisions to
the State program. EPA's evaluation can be found in the docket in a
document titled ``Addendum to the Technical Support Document for the
Approval of North Dakota's Coal Combustion Residuals Permit Program,
dated July 2025.''
Many of the changes to the State's rules updated the rules to
incorporate the two categories of provisions for which North Dakota did
not seek approval of in its March 10, 2023, application. EPA included
24 items for which the state did not seek approval in the proposal (90
FR 20994, 20995, May 16, 2025). In addition to addressing the partial
program elements, NDDEQ made conforming rule changes to grammar,
formatting, and requiring documents to be submitted to the State in
facility permit applications.
To submit comments or access the docket, please follow the detailed
instructions provided under ADDRESSES in the Federal Register document
published on May 16, 2025 (90 FR 20985). Comments previously submitted
need not be resubmitted as they are already incorporated into the
public record and will be considered in the final action as
appropriate. If you have questions, consult the person listed under FOR
FURTHER INFORMATION CONTACT.
Lee Zeldin,
Administrator.
[FR Doc. 2025-15183 Filed 8-8-25; 8:45 am]
BILLING CODE 6560-50-P
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