Virginia Gets the Permit Pen for Its Coal Ash
Published Date: 10/22/2026
Rule
Summary
The EPA has given the green light to Virginia's plan for managing coal ash waste, meaning Virginia will run its own permit program instead of the federal one starting November 23, 2026. This affects companies handling coal ash in Virginia, who must now follow state rules that are just as safe as federal ones. The change aims to keep the environment safe without extra costs or delays.
Analyzed Economic Effects
5 provisions identified: 2 benefits, 1 costs, 2 mixed.
Virginia takes over most coal-ash permitting
Starting November 23, 2026, Virginia's approved partial coal combustion residuals (CCR) permit program will operate in lieu of the Federal CCR permit program for the State, except for the specific Federal provisions the State did not include in its application. Companies that manage coal ash in Virginia will need to obtain and follow permits issued under Virginia's program rather than rely solely on the Federal permit program.
Permit shield applies to State-issued CCR permits
Once a final CCR permit is issued by Virginia under the approved program, the terms of that permit apply in place of the Federal CCR regulations and RCRA section 4005(d)(3) provides a permit shield against direct enforcement of the applicable Federal or State CCR regulations.
Some Federal CCR requirements still apply directly
Virginia did not adopt certain amendments from the 2024 Legacy Rule and 2026 CCR Management Unit Deadline Extension Rule and did not include several specific Federal provisions in its application, so those Federal provisions (for example: vegetative cover provisions at 40 CFR 257.73/257.74; suspension of groundwater monitoring at 40 CFR 257.90(g); groundwater protection standards in 40 CFR 257.95(h)(2); and multiple legacy CCR surface impoundment and CCR management unit provisions listed in the Federal rule) will continue to apply directly and remain Federally enforceable for CCR units in Virginia.
Annual VADEQ inspections of CCR facilities
VADEQ regional staff's practice is to inspect CCR facilities at least once each year. Those inspections are used to assess compliance with permit conditions, monitoring, and reporting requirements.
Public gets formal permit review and appeal rights
You can review draft CCR permits and related documents and submit comments: Virginia requires public notice and makes drafts available locally and online, with a public comment period of no less than 45 days (public hearing scheduled at least 30 days after notice and at least 15 days post-hearing). Final permit decisions can be appealed under Virginia's Administrative Process Act, and VADEQ must investigate and respond in writing to signed citizen complaints and generally will not oppose citizen intervention in enforcement suits.
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