North Dakota Attorney General sends 'Intent to Sue' notice to EPA
Jan 11, 2025
NORTH DAKOTA (KXNET) — For 50 years, the North Dakota Department of Environmental Quality (NDDEQ) has communicated and applied its own rules about the storage, treatment, and disposal of coal combustion residuals (CCR).
However, when the Environmental Protection Agency (EPA) announced that states could apply for program primacy for regulating CCR activities, the NDDEQ prepared and applied on September 21, 2020.
After making revisions to the application and accommodating changes to laws and rules, the NDDEQ submitted a final application on March 10, 2023. Since that submission, the EPA has continued to delay its decision on the application.
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As North Dakota is an energy-producing state, the regulation of coal, specifically CCR, is vital, and the state has now placed the EPA on notice of intent to sue, in an attempt to compel the EPA to approve the CCR permit program and to allow the state to continue regulating CCR activity.
You can find the "Notice of Intent to Sue" dated January 3, 2025, below.
NOI-Letter-1-3-25Download
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