Virginia Poised to Handle Its Own Coal Waste Cleanup Rules
Published Date: 5/4/2026
Proposed Rule
Summary
Virginia wants to take charge of its own rules for handling coal ash waste instead of following the federal program. The EPA thinks Virginia’s plan mostly fits the bill and is asking for public feedback before giving the final thumbs-up. This change affects coal plants and cleanup crews in Virginia and could speed up how coal ash is managed starting mid-2026.
Analyzed Economic Effects
2 provisions identified: 0 benefits, 1 costs, 1 mixed.
Virginia Takes Over Coal Ash Permits
EPA is proposing to approve Virginia's partial Coal Combustion Residuals (CCR) permit program so that, for the provisions EPA approves, Virginia's program would operate instead of the Federal CCR permit program for CCR units located in Virginia. VADEQ identified 25 disposal units (7 landfills and 18 surface impoundments) at 8 facilities; EPA preliminarily determined the State program meets approval standards based on the application submitted June 6, 2025 and revised March 4, 2026. EPA also states it would retain inspection and enforcement authorities under RCRA sections 3007 and 3008 even after program approval.
Some Federal CCR Rules Still Apply
Virginia did not adopt certain Federal CCR amendments (including changes from the 2024 Legacy Rule and the 2026 CCR Management Unit Deadline Extension Rule), so those Federal provisions remain directly applicable to affected CCR units in Virginia. EPA says it is approving only the aspects of Virginia's program that were submitted for approval, and facilities remain responsible for compliance with any Federal requirements that are not part of the approved State program.
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