This report is created pursuant to Senate Joint Resolution 258 that was passed by the 2023 Virginia General Assembly. The resolution states that the Virginia Department of Energy (Virginia Energy) is requested to study the environmental and economic impacts of eliminating waste coal piles in Southwest Virginia, including a range of use case scenarios. Here is the statutory request and instructions:

RESOLVED by the Senate, the House of Delegates concurring, That the Department of Energy be requested to study the economic and environmental impacts of eliminating waste coal piles in Southwest Virginia.

In conducting its study, the Department of Energy (the Department) shall convene a work group of stakeholders featuring representatives from state and local governments, investor-owned utilities, environmental organizations, the waste coal reclamation industry, and others deemed appropriate by the Department. The Department shall hold at least one public meeting and shall create a mechanism to receive public comment for consideration during the study. The Department shall examine various use case scenarios ranging from capping all existing waste coal piles in place to combusting all the material at VCHEC or other approved facilities. Each scenario considered by the Department shall contain an analysis of the direct and indirect economic and environmental benefits of that particular scenario.

All agencies of the Commonwealth shall provide assistance to the Department for this study, upon request.

The Department shall complete its meetings by November 30, 2023, and shall submit to the Governor and the General Assembly an executive summary and a report of its findings and recommendations, if any, for publication as a House or Senate document. The executive summary and report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports no later than the first day of the 2024 Regular Session of the General Assembly and shall be posted on the General Assembly's website.

In executing the General Assembly’s request, Virginia Energy convened a work group of stakeholders to identify key data points, assist with data collection and review draft materials. Virginia Energy also engaged TRC Companies to conduct a technical study comparing the carbon equivalent emissions (CO2e) and other air quality factors between leaving the waste coal in place and combusting it at the Virginia City Hybrid Energy Center (VCHEC). A public comment portal was posted on the Virginia Townhall website and a meeting for public input was held in Lebanon, Virginia on October 2, 2023. No public comment was provided through either channel.

Members of the workgroup were Adam Wells (Appalachian Voices), Tom Ballou (DEQ), Ava Lovain (DEQ), Larry Barton (Dickenson County), Geoffrey Hensley (Dominion), Larry Kuennen (Dominion), Gina Pisoni (Dominion), John Matney (Russel County Reclamation), Patrick Carr (SCC), Mike Cizenski (SCC), David Dalton (SCC), Brad Kreps (The Nature Conservancy), Jeff Taylor (Ultra Production Company), Will Clear (Virginia Energy Strategies) and Mike Hatfield (Wise County). The contents of this report do not necessarily reflect the opinions of the individual workgroup participants and should be solely attributed to the Virginia Department of Energy unless otherwise stated.