Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 85 - COAL COMBUSTION BYPRODUCT REGULATIONS › Part II - Purpose and Applicability › Section 9VAC20-85-40 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
A. This chapter
				  applies to all persons who use, reuse, or reclaim fossil fuel combustion
				  products by applying them to or placing them on land in a manner other than
				  addressed in
				  9VAC20-81-95
				  of the Solid Waste Management Regulations.
				  9VAC20-81-95
				  provides for the beneficial use of waste materials such as fossil fuel
				  combustion products, and provides for conditional exemptions from regulation
				  for fossil fuel combustion products. This chapter also applies to all persons
				  who use, reuse, or reclaim 12,400 tons or less of unencapsulated CCR on the
				  land in nonroadway applications.
B.
				  This chapter establishes minimum standards for the owners or operators of coal
				  mining facilities that accept CCB for mine reclamation or mine refuse disposal
				  on a mine site permitted by the Virginia Department of Energy unless otherwise
				  exempt under
				  9VAC20-81-95
				  D 18 of the Solid Waste Management Regulations. If the permit issued by the
				  Virginia Department of Energy in accordance with the Coal Surface Mining
				  Reclamation Regulations, 4VAC25-130, specifies the applicable conditions set
				  forth in Parts III (9VAC20-85-70
				  et seq.) and IV (9VAC20-85-150
				  et seq.) of this chapter, the permittee is exempt from this chapter.
C. Conditions of applicability are as
				  follows:
1. Persons using fossil fuel
				  combustion products other than in a manner prescribed under this chapter, or
				  managing fossil fuel combustion products containing any constituent at a level
				  exceeding levels set forth in Table 1 in Part IV of this chapter, shall manage
				  their waste in accordance with all applicable provisions of the Solid Waste
				  Management Regulations, 9VAC20-81.
2. Materials that are accumulated
				  speculatively, materials that are not utilized in a manner described in the
				  operation plan required by
				  9VAC20-85-90, and
				  off-specification materials that cannot be utilized or reprocessed to make them
				  usable shall be managed in accordance with all appropriate provisions of the
				  Solid Waste Management Regulations, 9VAC20-81.
3. Storage, stockpiling, and other processing
				  or handling of fossil fuel combustion products, which may need to occur prior
				  to their final placement or use, reuse, or reclamation, shall be in a manner
				  necessary to protect human health and safety and the environment. For projects
				  permitted by the Virginia Department of Energy, the storage, stockpiling, or
				  handling of CCB shall be managed in accordance with the Coal Surface Mining
				  Reclamation Regulations, 4VAC25-130.
4. Use, reuse, or reclamation of greater than
				  12,400 tons of unencapsulated CCR on the land in nonroadway applications shall
				  be managed in accordance with all applicable provisions of the Solid Waste
				  Management Regulations, 9VAC20-81.