Vol. 25 Iss. 20 - June 08, 2009

Chapter 85
Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Virginia Waste Management Board intends to consider amending the following regulations: 9VAC20-85, Coal Combustion Byproduct Regulations. The purpose of the proposed action is to provide for the use, reuse and reclamation of coal combustion byproducts (CCB). Administrative procedures are provided for the submission of appropriate documentation for the use of CCB. In addition, the regulation establishes appropriate standards for siting, design, construction, operation, and closure of projects using CCB. During the development of amendment 7 to the Virginia Solid Waste Management Regulations (VSWMR), the Amendment 7 Technical Advisory Committee (TAC) discussed (i) incorporating the Coal Combustion Byproducts Regulation into the VSWMR and (ii) areas of the Coal Combustion Byproducts Regulations that should be reviewed. As a result of those discussions, 7 TAC recommended that the Coal Combustion Byproducts Regulation remain separate from the VSWMR and that any necessary revisions to the program should be undertaken in a separate rulemaking. The CCB regulations will be updated to incorporate changes to statute enacted by the 2009 General Assembly. These statutory changes address the placement of CCB in an area located within a 100-year floodplain. This amendment will also consider including additional restrictions on the use and placement of CCB.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 10.1-1402 of the Code of Virginia; 42 USC § 6941; and 40 CFR Part 257.

Public Comments: Public comments may be submitted until 5 p.m. on July 10, 2009.

Agency Contact: Melissa S. Porterfield, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4238, FAX (804) 698-4346, or email

VA.R. Doc. No. R09-1912; Filed May 12, 2009, 9:33 a.m.