The Virginia Department of Environmental Quality (DEQ) has amended Virginia's solid waste management regulations to incorporate the recently adopted federal standards concerning coal combustion residuals (CCRs). The federal rule, "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," became effective October 4, 2016.
The revised federal rule modified the requirements certain inactive CCR surface impoundments are required to meet. Before 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. In response to an order of the U.S. Court of Appeals for the District of Columbia Circuit, 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, which includes meeting the requirements for design, operating criteria, groundwater monitoring, corrective action, closure care, and post-closure care. The EPA extended the compliance deadlines for qualifying inactive CCR surface impoundments to comply with these requirements.
The Virginia rule’s effective date is May 3, 2017.