Washington finally realizes that North Dakota knows best

The recent EPA approval of a North Dakota regulatory program involving the coal industry recognizes that no one cares more about what happens in their own backyard than those who live there. It demonstrates an understanding that North Dakotans are much better stewards of their natural resources and the state’s environment than any Washington bureaucrat.

It’s a breath of fresh air and a welcome change

EPA Administrator Lee Zeldin made the announcement this week at the State Capitol in Bismarck that his agency had approved North Dakota’s Coal Combustion Residuals (CCR) program. It is only the fourth state to be allowed such permission. 

The move will allow state regulators to grant permits for disposal of waste in landfills and surface impoundments — something only regulators in Washington were allowed to do without it. It also paves the way for recycling of waste such as fly ash into usable products and the potential to extract critically needed rare earth minerals from CCR.

Accompanied by Gov. Kelly Armstrong and Rep. Julie Fedorchak, Zeldin complimented the state and both Armstrong, his former congressional colleague, and Fedorchak, who succeeded him to represent the state in Congress.

States, industries, small businesses and individuals have long quaked under the burden of regulators in Washington, D.C. dictating even the smallest detail of their lives, businesses and property. Their excesses have been evident in states like ours. 

Examples include North Dakota farmers struggling to manage their land with bureaucrats deeming virtually every mud puddle a “navigable waterway” and, therefore asserting federal regulatory control them, under the infamous WOTUS (waters of the US) regulations. 

Thankfully, the corner has been turned on some such abuses. 

This week’s announcement may be just another step in the right direction. Perhaps Washington, at least under the current administration, is beginning to realize what North Dakotans have long known — that our state government understands our state, people and industries much better. Decades of data demonstrate that fact.

In North Dakota, regulators do just that — regulate. They oversee with an eye toward a successful result — holding industries to responsible behavior and procedures and ensuring compliance, safety and environmental responsibility — while allowing them to function, grow, and prosper under that oversight. 

The alternative approach, historically practiced by many federal regulators and those in some other states, often appears to be an adversarial — virtually warlike — posture toward the regulated community. Setting out to hamper or even destroy an industry’s ability to operate does nothing for the public good and is certainly detrimental to the businesses and those they employ and serve. 

“Trust but verify” (an old Russian proverb which Ronald Reagan often quoted) is a much better approach than “Seek and Destroy” — for too long, the apparent mantra of overzealous federal regulators and those who followed their approach.

Homegrown understanding

Those representing North Dakota — from the Legislature to Washington — have a keen understanding of the benefits of the coal industry in the state (described here by the Lignite Energy Council). Boosting North Dakota’s economy for decades, the industry and its five coal-fired power plants support over 12,000 jobs, represent an economic impact of more than $5 billion and boost state tax coffers by $100 million per year, while delivering reliable, affordable electricity throughout the state and beyond.

Sen. John Hoeven (a former Governor), helped author the federal legislation allowing the return of such authority to states, while Sen. Kevin Cramer previously served on the North Dakota Public Service Commission, as did Fedorchak. That Commission regulates the utilities which deliver electricity to the public, which requires an understanding of how that energy is produced and how to keep it responsible, reliable, and affordable. Armstrong hails from western North Dakota and represented a district in that region in the Legislature.

These backgrounds give them a far better understanding of North Dakota than any Washington bureaucrat can ever hope for. The state employees responsible to regulate such industries, hands-on, have even far more familiarity and expertise.

The announcement was more than just another governmental press release or photo op. It was an example of how federal overreach may be scaling back and more control may be returning to states and the people who live there.