2015 Coal Handling and Storage Conference

CCR & ELG Compliance Strategies for Utilities – Managing Risk

Michael Roush, PEPatricia M. Scroggin, PE

October 7, 2015

Coal Combustion Residuals (CCR)

CCR Rule Overview► Federal Register published version on Friday,

April 17th

► Compliance dates triggered by published date (effective October 19th, 2015)

► Federal Minimum Standard – States can be more restrictive

► CCR is defined as fly and bottom ash, boiler slag or FGD materials

► Beneficial uses defined/unencapsulated uses discouraged

Fly ash

Bottom Ash

Boiler Slag

FGD byproducts

CCR Rule Overview► Publish Documents on CCR website

► Citizen Suit Authority

► Rule does not apply to:

• Landfills no longer receiving CCR by October 19, 2015

• “Closed” CCR impoundments

• Inactive ponds that are closed by April 17, 2018

• CCR units at facilities no longer generating electricity by October 19, 2015

• Non-utility operations (manufacturing, universities, hospitals, etc.)

• CCR beneficially used, placed in mines, or disposed in municipal landfills

CCR Rule – Key Differences from Proposed Version

► Aquifer location restriction (5’ above)

► Groundwater schedule extended (1 year to 30 months)

► No liner retrofit requirements for existing impoundments

► Alternative liners allowed for new facilities/closures

► Failure to meet location restrictions or groundwater protection standards requires closure (or retrofit)

► Timeframes for closure:

• Standard five year closure

• Impoundments < 40 acres – up to 7 years

• Impoundments > 40 acres – up to 15 years

► Inactive ponds – no CCR after effective date/closed before April 2018

► Fugitive dust controls required

Required Demonstrations & Recordkeeping

Requirement New CCR Landfills

Existing CCR

LandfillsNew CCR

PondsExisting

CCR Ponds

Inactive CCR

Ponds

Initial Date Required for

Facilities1

Locational Restrictions2

Placement Above the Uppermost Aquifer

OCT 2018Wetlands

Seismic Impact Zones

Fault Areas

Unstable Areas

Design Requirements

Composite Liner OCT 2016

Leachate Collection & Removal System

Prior to Initial Receipt

Groundwater Monitoring OCT 2017

1 Date for new facilities generally required before initial receipt of CCR materials or within 6 months of sampling initiation.2 If location, groundwater or safety criteria not satisfied, ponds must cease receiving CCR within 6 months & begin closure process.

Required Demonstrations & Recordkeeping

Requirement New CCR Landfills

Existing CCR

LandfillsNew CCR

PondsExisting

CCR Ponds

Inactive CCR

Ponds

Initial Date Required for

Facilities1

Structural Integrity Criteria

Marker DEC. 2015Hazard Potential Classification Assessments OCT 2016

Emergency Action Plan APR. 2017

History of construction3 OCT. 2016

Construction Plan3 Prior to Initial Receipt

Structural Stability Assessments3 OCT. 2016

Safety Factor Assessments2,3 OCT. 2016

Weekly Inspections OCT. 2015

Annual Inspections 3 3 JAN. 2016

1 Date for new facilities generally required before initial receipt of CCR materials or within 6 months of sampling initiation.2 If location, groundwater or safety criteria not satisfied, ponds must cease receiving CCR within 6 months & begin closure process.3 Only required for ponds with height of 20 ft. or more: or with height of 5 ft. or more and volume > 20 acre-ft.

Required Demonstrations & Recordkeeping

Requirement New CCR Landfills

Existing CCR

LandfillsNew CCR

PondsExisting

CCR Ponds

Inactive CCR

Ponds1

Initial Date Required for

Facilities2

Other

Fugitive Dust Controls OCT. 2015

Run on, Run off Controls OCT. 2016

Hydrologic & Hydraulic Capacity Requirements

OCT. 2016

Closure Requirements OCT. 2016

Post Closure Care3 OCT. 2016

1 Inactive CCR ponds do not receive CCR after Oct. 2015, still contain water/CCR after Oct. 2015 must complete closure by Apr. 2018. Intent to close and closure plan must be submitted by Dec. 2015.2 Date for new facilities generally required before initial receipt of CCR materials or within 6 months of sampling initiation.3 Does not apply to CCR ponds that have closed by removing all CCR materials and have verified groundwater not contaminated.

Immediate Reporting Efforts ► October

• Initiate Weekly Inspections

• Dust Control Plans

• “Containerize” CCR Piles

► December• Closure Plans for Inactive Ponds

• Install markers at impoundment sites

► January 2016• Initiate Annual Inspections

► Other• Develop Overall Compliance Strategy

• Design Groundwater Monitoring

– 8 samples by October 2017

• Site Surveys

Critical CCR Concepts

What triggers a pond closure?

CCR Rule – Triggers for Pond Closure► Three triggers, closure begins within 6 months after► Structural Integrity Criteria/Safety Factor Assessments

• 18 months/October 2016

► Groundwater contamination from unlined ponds • 30 months/October 2017 with first annual report due January

2018

• Ponds with one of the following liners would not be subject to closure at this date:► 2 feet of compacted soil with a hydraulic conductivity < 1 x 10-7 cm/sec► A composite liner (60-mil HDPE on top of specified soil layer)► An alternative composite liner that meets this criteria

• Liner Retrofit is also an option

► Failure to meet location restrictions• 42 months/October 2018

► Ponds are typically key to overall plant water balance

► Overlap between ELG/CCR & State Water Quality Criteria

► Potential Projects Involved:• Water Balance Optimization• Groundwater Monitoring/Remediation• Ash Handling Conversions• Wastewater Treatment Systems• New Process Ponds• New Landfills• Pond Closures

Implementing a Holistic ApproachCCR burden is bigger than it may appear

Effluent Limitations Guidelines (ELG)

Basics of the ELG Rule► Issued September 30th, 2015► Rule in effect 60 days after entered into Federal Register► 50 MW and larger coal units – all electric utilities

• “An establishment whose generation of electricity is the predominant source of revenue or principal reason for operation”

► Legacy Wastewater – not applicable► First permit applicable November 1st, 2018

• “as soon as possible”► Absolute last date for compliance December 31st, 2023

• Regardless of administratively renewed permits ► Rolls out in NPDES permit

Rule Definitions► Bottom Ash:

• Ash and slag• Under boiler

► FGD Wastewater: • Blowdown/filtrate/FGD gypsum wash water etc. • Not: Drains/washdown sumps, scrubber/equipment washdown/cleaning

Options Considered by EPA

Numeric Limits Set by Stream in Rule

1 8

► Text

FGD Wastewater Treatment Sample Flow Diagram

Rule Concerns►Anti-circumvention in final rule

• Zero discharge and applicability• Exception:

Bottom and fly ash transport water used as Scrubber makeup

• Internal Monitoring Points on FGD wastewater vs. Common Outfall with reduced concentrations of regulated constituents

►Existing installed BAT technologies may need to be upgraded

►Trucking FGD wastewater offsite• Compliance still required

Volunteer Clause► Applies to FGD wastewater only

• Thermal evaporation

► Distillate can be discharged through NPDES permit• Compliance can be delayed to

December 31st, 2023

► Must indicate in writing to permitting authority PRIOR to next permit issuance

Tips on Risk Management under CCR and ELG► Holistic approach towards all regulations► Get started early

• Market conditions• Define flows and quality• Reduce flows if possible

► Legal should be involved to address interpretations where rule unclear

► Groundwater Monitoring

Patricia Scroggin, P.E.

Sr. Water/Wastewater Consultant

Burns & McDonnell

pscroggin@burnsmcd.com

816-822-3097

Michael Roush, P.E.

CCR Handling Specialist

Burns & McDonnell

mroush@burnsmcd.com

816-823-7069

22

QUESTIONS?