ccr final rule utility perspective on key compliance items a&wma southern section meeting coal...
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CCR Final RuleUtility Perspective on Key Compliance Items
A&WMA Southern Section MeetingCoal Combustion Residuals Panel
August 19, 2015
Brittany Wilson
CCR Final RuleOverview
1. Favorable Aspects
3. Applicability
4. State Involvement
2. Challenges
CCR Final Rule Favorable Aspects
CCRs regulated as non-hazardous
waste
No mandatory closure of unlined
CCR ponds
Ability to obtain closure extensions
for ponds
Ability to defer closure when lack of capacity exist
In some cases, it would be difficult to complete pond closure within 5 years. Allowing possibility for closure extensions gives flexibility to account for site-specific circumstances and for factors beyond facility's control:
1. Complications due to climate & weather
2. Time required to dewater pond
3. Geology and terrain
4. Time required or delays to obtain State permits
Keeps market open for ash to be safely managed and recycled for concrete, road building and other beneficial uses.
Unlined ponds can continue to operate as long as the technical criteria are met
If this can be demonstrated, the CCR unit may continue receiving CCR for up to 5 years or until disposal capacity is available before initiating closure
CCR Final Rule Challenges – Tough Road Ahead
State Permit program not
required
DUAL REGULATORY PATHEven if states were to adopt the federal criteria, utilities would comply with both the state and federal rule
RCRA CITIZEN SUITSNon-compliance enforced in federal district court
Internet
Posting
SELF-IMPLEMENTEDInstead of meeting a state schedule or program for compliance the owner/operator will be responsible for having a professional engineer certify all necessary compliance reporting and documentation, and then post all required datasets on the Company’s publicly available webpage.
EPA defers Final Bevill
Determination
ALTERNATIVE CLOSUREThe omission of any considerati on of non-CCR waste streams in evaluati ng whether a unit can qualify for the rule’s “Lack of Alternati ve Disposal Capacity”
CCR Rule ApplicabilityMain Points:• Opportunities exist for
CCR ponds to fall outside of the federal rule:
• Plants completely retired prior to October 19, 2015
• Closed inactive CCR ponds
• All applicable state rules apply and do not operate in lieu of the federal rule
SUBJECT TO THE FINAL RULE
Is the pond located at an active power plant
(of any fuel type) on October 19, 2015?
Is the pond “closed”?
(dewatered, capped and maintained)
Has the pond ceased receiving CCR* prior to the
October 19, 2015?
POND NOT SUBJECT TO FINAL RULE
(does not exclude compliance with
state regulations)
Will the pond complete closure (dewater & cap)
by April 17, 2018?
NO
YES
YES
See notification requirements §257.100(c)
YES
*Pond can continue to receive WW
NO NO
YES
NO
Compliance Road MapMain Points:• Ponds can remain
open when meeting all technical criteria
• Ponds not meeting safety factors for structural stability, groundwater exceedances, or location restrictions are forced to close
• Application of corrective measures to meet GWPS not afforded to unlined surface impoundments
Does the pond meet location restrictions?
POND CAN REMAIN OPEN (subject to and must maintain compliance with all Subpart D
compliance requirements)
YES
YES
YES
YESNO
NO
NO
Does the pond meet specified safety factor for structural stability?
Is the pond lined?
Does groundwater monitoring trigger corrective action?
Start Corrective Measures
& Meet GW
Protection Standards
Does groundwater monitoring trigger corrective action?
NO
YES
NO
PROCEED TO POND CLOSURE
Pond Closure RoadmapMain Points:• EPA presumes a 5 year
pond closure
• Opportunities exist to continue the use of ponds prior to initiating closure if no alternative disposal capacity is available for CCRs
• EPA allows for various extensions to complete closure of CCR ponds
POND CLOSURE (Presumed 5 years)
30 days to commence closure; 5 years to complete closure
POND CLOSED
YES
NO
“Extensions” Available
Must maintain compliance with Subpart D and any corrective
action measures.
6 mo. to cease receipt of all CCR
and liquids
Will the coal-fired boiler cease operation on or before one of
the following dates?
• If yes, then ponds < 40 acres can continue its use if the coal-fired boiler ceases operation and the pond completes closure by October 17, 2023; and
• ponds > 40 acres can continue its use if the coal-fired boiler ceases operation and the pond completes closure by October 17, 2028
Then, the pond can continue to operate until
alternative disposal capacity is available, max five years; Once available, immediately cease receipt
of CCR and proceed to closure
NO
Is alternative disposal capacity available for CCRs (on site or off site)?
Must maintain compliance with Subpart D and any
corrective action measures.
Ponds < 40 acres;One 2-yr extension
(2 years max)
Ponds > 40 acres;Five 2-year extensions
(10 years max)
• Does not alleviate dual regulatory environment (Federal & State simultaneously).
• EPA must approve the plan.
• States adopt the federal minimum criteria into its state solid waste management plan.
• Some states may require a legislative change to allow state solid waste rules to be updated in order to close the gap between federal criteria and current state requirements.
State Regulatory Involvement
SOCO Territory:ALABAMAFLORIDAGEORGIAMISSISSIPPI
• Some states are likely to modify its state solid waste regulations to incorporate the minimum federal criteria; could potentially involve public input; or a stakeholder process
• States are not required by EPA to incorporate the federal criteria. If a state chooses to adopt the federal criteria, the process may begin in 2016.
STATE LEGISLATION
STATE REGULATION
STATE SOLID WASTE
MANAGEMENT PLAN
EPA APPROVAL
Recap…