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…