Virginia: Approval of State Coal Combustion Residuals Permit Program

DEEPER READ

This regulatory action grants Virginia the authority to administer its own coal combustion residuals permit program in place of the federal program established under the Resource Conservation and Recovery Act. Coal combustion residuals are the byproducts produced when coal is burned at power plants, including fly ash, bottom ash, and other materials that can contain heavy metals and other contaminants potentially harmful to groundwater and surrounding environments. The EPA reviewed Virginia's application submitted by the Virginia Department of Environmental Quality and determined that Virginia's partial CCR permit program meets the legal standard required for state program approval under RCRA. The approval is described as a partial program, meaning that certain specific federal provisions are not transferred to state authority, though the official record does not enumerate those carve-outs in the abstract provided. The primary parties affected by this action include coal-fired power plant operators in Virginia, who will now interface with VADEQ rather than EPA for CCR permitting compliance, as well as communities near coal ash storage facilities that rely on proper regulation to protect local water and land resources. Environmental advocates and industry groups often have differing views on state versus federal program administration, with some arguing state programs can be more responsive to local conditions and others expressing concern that state programs may vary in stringency. Legal authority for this action rests with RCRA, the federal law governing solid and hazardous waste management. The structure of the approval preserves a federal backstop for any provisions Virginia's program does not cover, maintaining some federal oversight even as primary permitting authority shifts to the state.

AS PUBLISHED

The Environmental Protection Agency (EPA or the Agency) is approving Virginia's coal combustion residuals (CCR) permit program under the Resource Conservation and Recovery Act (RCRA). After reviewing the CCR permit program application submitted by the Virginia Department of Environmental Quality (VADEQ), EPA has determined that Virginia's partial CCR permit program meets the standard for approval under RCRA. Virginia's CCR permit program will operate in lieu of the Federal CCR program with the exception of the specific provisions noted below.

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