EPA Proposes Virginia CCR Permit Program Approval - First State Program Under RCRA

EPA proposed approving Virginia’s Coal Combustion Residuals (CCR) partial permit program under the Resource Conservation and Recovery Act (RCRA) on May 4, 2026. This would make Virginia the first state to operate its own CCR permit program in lieu of the federal CCR program. The Virginia Department of Environmental Quality (VADEQ) submitted the application, which EPA has preliminarily determined meets RCRA approval standards.

What Virginia’s CCR Program Covers

Virginia’s approved program would regulate coal combustion residuals disposal and management at electric utilities and independent power producers. The state program covers the same facilities currently regulated under EPA’s federal CCR rule but allows Virginia-specific permitting processes and enforcement mechanisms.

What this means in practice: Virginia facilities would obtain state permits instead of following federal self-implementing requirements. VADEQ would conduct inspections, issue violations, and oversee corrective action instead of EPA.

The partial program designation means certain federal CCR provisions would still apply. EPA has not specified which provisions remain federal, but typically these include interstate transport requirements and citizen suit provisions.

How This Affects Site Work

CERCLA and RCRA Corrective Action Sites

Sites with coal ash contamination in Virginia may see different cleanup approaches once the state program takes effect. Virginia’s permit conditions could establish site-specific cleanup levels that differ from federal guidance values.

Consultants working on corrective action at Virginia coal plants should review both current federal requirements and proposed state permit conditions. The transition period may create uncertainty about which standards apply to ongoing investigations.

Groundwater Monitoring and Assessment

Virginia’s program will likely establish state-specific groundwater monitoring requirements for CCR units. These may differ from current federal monitoring well networks, sampling frequencies, or statistical evaluation methods.

Sites currently in assessment monitoring or corrective action phases should expect permit modifications during the transition. New Virginia permits may require additional monitoring points or different analytical suites.

What to Watch

EPA’s public comment period on the Virginia program approval closes 60 days after Federal Register publication. The agency will review comments before making a final approval decision.

Other states are developing CCR permit programs following Virginia’s model. Oklahoma, Georgia, and Tennessee have indicated interest in seeking similar approvals. Each state program must demonstrate equivalency to federal requirements while allowing state-specific implementation approaches.

Bottom Line

Virginia’s CCR permit program represents the first state takeover of coal ash regulation under RCRA. If approved, it creates a precedent for other states seeking regulatory authority over CCR facilities. Consultants working on coal ash sites should monitor state permit conditions as they may establish different cleanup requirements than current federal guidance. For related coal ash and corrective action information, see our RCRA program overviews.