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
Incorporation of EPA revisions to requirements concerning Inactive CCR Surface Impoundments
Action 4775
General Information
Action Summary On August 5, 2016, EPA published in the Federal Register a direct final rule titled “Hazardous and Solid Waste Management System: Disposal of Coal Combustion Residuals from Electric Utilities; Extension of Compliance deadlines for Certain Inactive Surface Impoundments; Response to Partial Vacatur.” The federal rule became effective October 4, 2016. The revised federal rule modified the requirements certain inactive coal combustion residuals (CCR) surface impoundments are required to meet. Prior to this rule, federal regulations allowed inactive CCR surface impoundments to complete closure by April 17, 2018 and meet other notification requirements (“early closure provision”) to avoid having to meet the same requirements as existing CCR surface impoundments. This provision was included in EPA’s rule to incentivize the early closure of inactive CCR surface impoundments. Prior to EPA’s revised rule, CCR surface impoundments were allowed to close the CCR surface impoundment by leaving CCR in place, removing free liquids, and installing a final cover system designed to minimize infiltration and erosion. CCR surface impoundments were also allowed to remove the CCR from the surface impoundment as part of closing the surface impoundment. The federal rule did not require inactive surface impoundments to meet design, operating criteria, groundwater monitoring, corrective action, or closure and post closure care requirements. Virginia’s regulations however did require inactive CCR surface impoundments to conduct groundwater monitoring and post closure care monitoring and these activities would be included in a permit for the inactive surface impoundment. The US Court of Appeals for the D.C. Circuit court ordered a vacatur of the “early closure” provisions for inactive CCR surface impoundments on June 14, 2016 and EPA issued a direct final rule that became effective October 4, 2016. The federal rule now requires inactive CCR surface impoundments that were complying with the “early closure” provision to meet the same requirements as existing CCR surface impoundments. This includes meeting the requirements for design, operating criteria, groundwater monitoring, corrective action, closure and post closure care requirements that are all applicable to existing CCR surface impoundments. EPA has extended the compliance deadlines for qualifying inactive CCR surface impoundments to comply with these requirements. Compliance deadlines for inactive surface impoundments are being extended by 547 days (the number of days between the signature date of the final EPA rule and the last business day of the week during which the order from the count granting the motion to vacate 40 CFR 257.100 (b), (c), and (d) was signed). Virginia previously adopted the federal requirements concerning CCR landfills and surface impoundments by incorporating the federal requirements by reference into Virginia’s Solid Waste Management Regulations (VSWMR). This regulatory amendment incorporates the revised federal requirements concerning these inactive CCR surface impoundments into the VSWMR.
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 APA
RIS Project Yes  [004944]
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
7853 Final Stage complete. This regulation became effective on 05/03/2017.
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.