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EPA approves Virginia coal combustion residuals permit program, effective November 23

By LexCircuit Desk · · AI-drafted, human-reviewed

The Environmental Protection Agency approved Virginia's coal combustion residuals permit program under the Resource Conservation and Recovery Act on October 22, 2026, effective November 23, 2026. EPA determined that the partial program, administered by the Virginia Department of Environmental Quality, meets the RCRA approval standard. The state program operates in lieu of the federal program except for provisions Virginia has not adopted, including the 2024 legacy surface impoundment rule.

Text (Federal Register) →

Key points

  • Virginia has not adopted regulations reflecting the 2024 Legacy Rule (89 FR 38985) or the 2026 CCR management unit deadline extension (91 FR 5806).Federal Register
  • Federal requirements for legacy CCR surface impoundments and CCR management units therefore remain outside the approved state program.Federal Register
  • The action is codified at 40 CFR Part 257, docket EPA-HQ-OLEM-2025-3325, FR Doc. 2026-21622, 91 FR 66643.Federal Register
  • The decision is effective November 23, 2026, as stated in the document's DATES section.Federal Register

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RegulationU.S.Va.Virginia Coal Combustion Residuals Permit ProgramEnergyEnvironmentalRegulatoryFor practitionersFor governance