Jeffery Pope, PE, Burns & McDonnell, Coal Ash Rule: Impact on Utilities and CCR Products, Midwest Environmental Compliance Conference, Chicago, October 29-30, 2015

Coal Ash Rule: Impact on Utilities and CCR Products

Jeffery L. Pope, PE

Manager, Facility

Decommissioning &

Demolition Services

Overview

► Coal Ash Regulations

► Effluent Limitation Guidelines

► Groundwater System Requirements

► Groundwater Sampling & Analysis

► Groundwater Corrective Action

► Summary

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Coal Ash Regulations

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CCR Rule Overview

► Regulation only affect facilities generating

electricity for sale (regulated utilities and

independent power producers)

► Rule regulates 5 sources:

New CCR landfills or lateral expansions

New CCR surface impoundments or lateral expansions

Existing CCR landfill

Existing CCR surface impoundments

Inactive CCR surface impoundments

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CCR Rule Overview (continued)

► All CCR surface impoundments, landfills and

lateral expansions must install a groundwater

monitoring system and conduct groundwater

monitoring.

► Must be in compliance with requirements (up

through detection monitoring and

determination of background levels) within

two years of effective date of the rule.

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CCR Rule Overview (continued)

► Requires an annual report certifying

compliance, including data, to be posted on

facility’s website.

► Groundwater requirements must be met

throughout active life and closure/post

closure period.

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Applicability

► Facilities not covered:

Landfills no longer receiving CCR after October 19, 2015

CCR impoundments closed prior to October 19, 2015

Inactive impoundments that are closed by October 19,

2018 (within 3 years after effective date)

• However, will need to comply with closure requirements in § 257.100

• No groundwater monitoring required after closure

Effluent Limitation

Guidelines (ELG)

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EFFLUENT

LIMITATIONS

GUIDELINES

(ELG)

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ELG Rule Applicability

► Signed September 30th, 2015

Effective date:

• 60 days after Federal Register Publication

► Applies to:

• “…generation of electricity is the predominant

source of revenue or … reason for operation”

• Targets:

Coal-fired generation

Gasification

• 50 MW and larger

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Waste Streams Technology Basis for

Existing Plants

FGD Wastewater Chemical Precipitation + Biological

Treatment

Fly Ash Transport Water Dry Handling

Bottom Ash Transport Water Dry Handling/Closed Loop

FGMC Wastewater Dry Handling

Gasification Wastewater Evaporation

Combustion Residual

Leachate Impoundment (Equal to BPT)

Non-chemical Metal Cleaning

Wastes (Reserved)

BAT Identified by EPA

Federal Compliance Schedule

► ELG earliest compliance:

“As soon as possible”

Starting November 1st, 2018

► Federal compliance backstop:

Not later than December 31st, 2023

► Through NPDES permit system:

Permit application must justify

compliance schedule

Compliance schedule issued with permit

Legacy wastewater not included

(generated before compliance date)

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Groundwater System

Requirements

System Requirements

► Performance standard

Monitoring network must consist of a sufficient number of wells, installed at appropriate locations and depths to yield groundwater samples from the uppermost aquifer that accurately represent background quality and the groundwater passing the waste boundary.

Minimum of one upgradient and three down gradient wells.

May choose to install a multi-unit system. PE must certify system is equally as capable of detecting monitored constituents at the waste boundary of the CCR unit as the individual groundwater monitoring system.

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Groundwater Sampling

& Analysis

Sampling and Analysis

► Must establish background levels.

► Number of samples for background:

minimum of eight.

► Must choose statistical procedure to

compare background to upgradient

concentrations.

► Number of samples for assessment and

detection monitoring must be consistent with

statistical procedure chosen.

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Sampling and Analysis

► After initial baseline sampling, must monitor semi-annually for Appendix III parameters:

► Must determine if there has been a “statistically significant increase” (SSI) over background for each parameter.

► If SSI detected, must establish Assessment Monitoring within 90 days

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Boron pH

Calcium Sulfate

Chloride Total Dissolved Solids (TDS)

Fluoride

Sampling and Analysis

► Must analyze for both Appendix III and

Appendix IV parameters and constituents,

resample within 90 days.

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Antimony Lead

Arsenic Lithium

Barium Mercury

Beryllium Molybdenum

Cadmium Selenium

Chromium Thalliium

Cobalt Radium 226

Fluoride and 228 combined

Sampling and Analysis

► Must establish groundwater protection standards (GWPSs) for each Appendix IV constituent.

► GWPS is MCL or background, whichever is higher.

► If any Appendix IV constituents are determined to have SSI above the GWPS, must:

Characterize the nature and extent of the release

Install additional monitoring wells

Within 90 days, initiate an assessment of corrective measures.

► Can demonstrate that contamination is attributable to other source or SSI is due to sampling and analysis error.

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Groundwater Corrective Action

Corrective Action

► Must include analysis of effectiveness of

potential corrective measures.

► Must discuss the assessment in a public

meeting before selecting remedy.

► Remedies must attain the GWPS for three

consecutive years and control the source(s)

of release.

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Corrective Action

► Remedies also must remove from the

environment as much of the contaminated

material that was released from the CCR unit

as is feasible.

► Must specify a schedule for implementing

and completing remedial activities.

► Within 90 days of selecting a remedy, must

initiate remedial activities.

► Must take interim measures as necessary.

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Summary

Summary

► Install groundwater monitoring network and

collect 8 samples in the next 2 years to

establish background.

► Statistical evaluation of the data is required

to determine if corrective action required.

► Corrective action must begin within 90 days

of choosing a remedy

► Groundwater impacts may result in the

requirement for pond or landfill closure

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Jeff Pope, P.E.

Manager, Facility

Decommissioning & Demolition

1431 Opus Place, Suite 400

Downers Grove, IL 60515

630-724-3328 – Direct

630-803-0274 – Cell

Q & A

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