TITLE 9. ENVIRONMENT
TITLE 9. ENVIRONMENT
VIRGINIA WASTE MANAGEMENT BOARD
Final Regulation
REGISTRAR'S NOTICE: The Virginia Waste Management Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 3 of the Code of Virginia, which excludes regulations that consist only of changes in style or form or corrections of technical errors. The board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 9VAC20-85. Coal Combustion Byproduct Regulations (amending 9VAC20-85-90).
Statutory Authority: § 10.1-1402 of the Code of Virginia; 42 USC § 6941; 40 CFR Part 257.
Effective Date: January 15, 2025.
Agency Contact: Rebecca Rathe, Regulatory Analyst, Department of Environmental Quality, 4411 Early Road, Harrisonburg, VA 22801, telephone (540) 830-7241, or email rebecca.rathe@deq.virginia.gov.
Summary:
The amendments update a citation to reference the Virginia Erosion and Stormwater Management Regulation (9VAC25-875).
9VAC20-85-90. Operations.
The owner or operator of a fossil fuel combustion products site shall prepare an operation plan. At a minimum, the plan shall address the requirements contained in this section.
1. Tracking of mud or fossil fuel combustion products onto public roads from the site shall be controlled at all times to minimize nuisances.
2. The addition of any solid waste including but not limited to hazardous, infectious, construction, debris, demolition, industrial, petroleum-contaminated soil, or municipal solid waste to fossil fuel combustion products is prohibited. This prohibition does not apply to solid wastes from the extraction, beneficiation, and processing of ores and minerals conditionally exempted under 9VAC20-81-95 E 3 of the Solid Waste Management Regulations.
3. Fugitive dust shall be controlled at the site so it does not constitute nuisances or hazards.
4. After preparing the sub-base, fossil fuel combustion products shall be placed uniformly and compacted to standards, including in situ density, compaction effort, and relative density as specified by a registered professional engineer based on the intended use of the fossil fuel combustion products. The placement and compaction of CCB on coal mine sites shall be subject to the applicable requirements of the Coal Surface Mining Reclamation Regulations, (4VAC25-130).
5. A surface run on and runoff control program shall be implemented to control and reduce the infiltration of surface water through the fossil fuel combustion products and to control the runoff from the placement area to other areas and to surface waters.
6. Runoff shall not be permitted to drain or discharge into surface waters except when in accordance with 9VAC25-10, of the State Water Control Board, or otherwise approved by the department.
7. Fossil fuel combustion products site development shall be in accordance with the Erosion and Sediment Control Regulations, 9VAC25-840, Virginia Erosion and Stormwater Management Regulation (9VAC25-875) or the Coal Surface Mining Reclamation Regulations, (4VAC25-130,) as applicable.
VA.R. Doc. No. R25-7926; Filed November 18, 2024