Virginia Regulatory Town Hall
Department of Environmental Quality
Virginia Waste Management Board
Solid Waste Management Regulations [9 VAC 20 ‑ 81]
Action is Exempt from Article 2 of the Administrative Process Act
Amendment to incorporate federal standards for the disposal of coal combustion residuals from electric utilities
Action 4486
General Information
Action Summary On April 17, 2015, EPA published in the Federal Register a final rule titled “Disposal of Coal Combustion Residuals from Electric Utilities.” The federal rule became effective October 19, 2015. This regulatory action amends the Virginia’s Solid Waste Management Regulations to incorporate the recently adopted federal standards concerning coal combustion residuals. The federal rule establishes standards for the disposal of coal combustion residuals from electric utilities in landfills and surface impoundments. The rule contains locational restrictions, design criteria, operating criteria, groundwater monitoring and corrective action requirements, closure and post-closure care requirements, and recordkeeping requirements. These requirements are being incorporated by reference into Virginia’s Solid Waste Management Regulations. Solid waste permits will be issued for coal combustion residual landfills and surface impoundments operating in Virginia. The federal rule also modified 40 CFR 261.4 (b), which identifies materials excluded from being hazardous waste. The Virginia Hazardous Waste Management Regulations incorporate 40 CFR 261.4 by reference. The Virginia Hazardous Waste Management Regulations will be updated as part of a separate rulemaking process (the Annual Update 2015 to 9VAC20-60) to include the revisions made to 40 CFR 261.4 (b) (4) (Bevill exclusion).
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: 2.2-4006 A 4 c of the Code of Virginia
RIS Project Yes  [004272]
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
7403 Final Stage complete. This regulation became effective on 01/27/2016.
Contact Information
Name / Title: Kathryn Perszyk  / Land Protection&Revitalization Div Director
Address: 1111 East Main Street, Suite 1400
P.O. Box 1105
Richmond, VA 23218
Email Address:
Phone: (804)698-4047    FAX: ()-    TDD: ()-

This person is the primary contact for this chapter.