Action:
Incorporation of Amendments to EPA’s Standards for the Disposal of Coal Combustion Residuals from Electric Utilities
Action 6629
General Information
| Action Summary |
Section 2301 of the 2016 Water Infrastructure Improvements for the Nation (WIIN) Act amended Section 4005 of the Resource Conservation & Recovery Act to allow states to develop coal combustion residuals (CCR) permit programs and granted EPA authority to approve state programs or implement a federal permit program in non-participating states. Prior to this action, the Virginia Solid Waste Management Regulations (VSWMR), 9VAC20-81, was amended to incorporate EPA’s 2015 Disposal of CCR from Electric Utilities final rule and establish permit requirements for applicable CCR units. The VSWMR was subsequently amended to incorporate the 2016 amendment applicable to inactive CCR surface impoundments. Separately, state statutes (§ 10.1-1402.03 and § 10.1-1402.04 of the Code of Virginia) define additional closure requirements for certain CCR units. Additionally, state statutes (§ 10.1-1402.05 of the Code of Virginia) specify additional coal ash landfill requirements.
Based on previous incorporations of the 2015 CCR Rule and 2016 amendment, Virginia drafted a state package for EPA program approval to administer a CCR permit program. EPA’s review indicated that Virginia needed to incorporate additional CCR Rule amendments promulgated through December 2020 to request state program approval. An attachment detailing the changes from the October 2016 CCR Rule to the December 2020 CCR Rule is attached. |
| Chapters Affected |
Only affects this chapter.
|
| Executive Branch Review |
This Action is exempt from Article 2 of the Administrative Process Act, but falls within the Executive Branch and
will be reviewed by the Governor's Office.
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| RIS Project |
Yes [7944] |
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Is Federal action a driving factor in this regulatory change? If so, please provide a specific reference to the law, regulation
or court case.
December 2020 CCR Rule, 40 CFR 257
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| New Periodic Review |
This action will not be used to conduct a new periodic review.
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Stages
Stages associated with this regulatory action.
| Stage ID |
Stage Type |
Status |
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10553
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Final
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Governor's office review in progress. |
Contact Information
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Name / Title:
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Rebecca Rathe
/
Regulatory Analyst
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Address:
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4411 Early Road
Harrisonburg, VA 22801
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Email Address:
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rebecca.rathe@deq.virginia.gov
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Phone:
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(540)830-7241
FAX: ()-
TDD: ()-
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