Virginia: Approval of State Coal Combustion Residuals Permit Program

Persistence Analytics Group LLC, a risk analytics firm, argues that the EPA should evaluate Virginia's proposed CCR permit program based on its practical implementation capacity rather than just legal authority. They request that the EPA verify the state's staffing, enforcement, monitoring, and transparency capabilities before granting approval.

The Southern Environmental Law Center and Potomac Riverkeeper Network are advocating for stricter enforcement of the federal Coal Combustion Residuals (CCR) Rule in Virginia. They argue that the EPA must ensure the state and Dominion Energy implement effective groundwater cleanup remedies rather than relying on inadequate "natural recovery" methods.

The American Coal Ash Association (ACAA) supports the EPA's proposed approval of Virginia's state coal combustion residuals (CCR) permit program. They argue that state-led programs provide necessary regulatory certainty and flexibility to encourage the beneficial use of coal combustion products (CCP) as a domestic mineral resource.

Dominion Energy, a regulated utility holding company, supports the EPA's proposed approval of Virginia's partial Coal Combustion Residuals (CCR) permit program. They argue that a state-administered program provides regulatory certainty, improves administrative efficiency, and leverages the Virginia Department of Environmental Quality's (VADEQ) local expertise while maintaining federal safety standards.

The Main Street Foundation's Center for Regulatory Analysis and Engagement (CRAE) supports the EPA's proposed approval of Virginia's Coal Combustion Residuals (CCR) permit program. They argue that state-led permitting under cooperative federalism allows for more site-specific expertise while emphasizing that the program must remain focused on environmental safety rather than being used as a tool for broader energy policy.

The Utility Solid Waste Activities Group (USWAG), an association of over 130 electric utilities and power producers, strongly supports the EPA's proposed approval of Virginia's coal combustion residuals (CCR) permit program. They argue that Virginia's program meets all statutory criteria, provides adequate public participation, and is at least as protective as federal regulations.

The commenter supports the EPA's proposed approval of Virginia's partial CCR permit program. However, they emphasize that the EPA must maintain its inspection, compliance monitoring, and enforcement authorities to ensure environmental and public health protections.

The Materials Management Subcommittee of the Association of State and Territorial Solid Waste Management Officials (ASTSWMO) supports the EPA's proposed decision to approve Virginia's coal combustion residuals (CCR) permit program. They emphasize the importance of cooperative federalism and express appreciation for the EPA's steady progress in approving state permit programs.

The commenter expresses concerns regarding the long-term environmental risks of coal ash, specifically highlighting groundwater contamination and the need for strong oversight, transparency, and tribal consultation. Rather than explicitly supporting or opposing the approval of the Virginia permit program, the commenter requests that the EPA ensure any approved program includes rigorous protections and accountability.

The commenter supports the approval of Virginia's partial Coal Combustion Residuals (CCR) permit program, arguing that the state's specific regulations provide sufficient accountability and environmental protection. They suggest that the program balances energy needs with public health and economic benefits, such as protecting the Chesapeake Bay Watershed and supporting tourism and fishing industries.