Thiemann Direct Testimony - iurc.portal.in.gov€¦ · 6 filed with IDEM are quite large and can be...

PETITIONER’S EXHIBIT 2

IURC CAUSE NO. 45253 S1 DIRECT TESTIMONY OF TIMOTHY J. THIEMANN

FILED APRIL 15, 2020

TIMOTHY J. THIEMANN -1-

TESTIMONY OF TIMOTHY J. THIEMANN GENERAL MANAGER OF CCP PROJECT MANAGEMENT MIDWEST

DUKE ENERGY BUSINESS SERVICES, LLC ON BEHALF OF DUKE ENERGY INDIANA, LLC

CAUSE NO. 45253 S1 BEFORE THE INDIANA UTILITY REGULATORY COMMISSION

I. INTRODUCTION1

Q. PLEASE STATE YOUR NAME AND BUSINESS ADDRESS. 2

A. My name is Timothy J. Thiemann, and my business address is 139 East 4th Street, 3

Cincinnati, Ohio. 4

Q. BY WHOM ARE YOU EMPLOYED AND IN WHAT CAPACITY? 5

A. I am employed as the General Manager of Coal Combustion Products (“CCP”) 6

Project Management Midwest for Duke Energy Business Services, LLC, a service 7

company affiliate of Duke Energy Indiana, LLC (“Duke Energy Indiana,” 8

“Petitioner” or “Company”). 9

Q. WHAT ARE YOUR DUTIES AND RESPONSIBILITIES AS GENERAL 10

MANAGER OF CCP PROJECT MANAGEMENT MIDWEST? 11

A. My duties include oversight and management of the Coal Combustion Products 12

projects on Duke Energy’s existing ash impoundment facilities as they relate to the 13

U.S. Environmental Protection Agency (“EPA”) Coal Combustion Residuals 14

(“CCR”) Rule, such as surface impoundment closure planning. 15

Q. PLEASE BRIEFLY DESCRIBE YOUR EDUCATIONAL AND 16

PROFESSIONAL BACKGROUND. 17

THorn

New Stamp





A. I received a B.S. in Mechanical Engineering Technology from the University of 1

Cincinnati. In addition, during the past thirty-three years, I have attended many 2

seminars, workshops and forums on subject matters such as power plant maintenance 3

and generation-specific technical training as well as other utility related topics. I 4

began my career as a co-operative education student at The Cincinnati Gas and 5

Electric Company (a predecessor of Duke Energy) – Miami Fort Station in 1986 and 6

have progressed through several jobs of increasing responsibility over the last thirty 7

years. These positions have included Engineering Manager for Ohio and Kentucky 8

Generation assets, Station Manager at Miami Fort Station, General Manager Duke 9

Energy Business Services Non-Regulated, Vice President of Operations for Midwest 10

Commercial Generation, and most recently the General Manager of CCP Midwest 11

O&M and Projects. 12

Q. WHAT IS THE PURPOSE OF YOUR TESTIMONY IN THIS PROCEEDING? 13

A. The purpose of my testimony is to describe the Company’s current plans for closing 14

surface impoundments and other ash management areas to comply with the federally 15

mandated CCR Rule and for coal ash-related closure projects mandated by Indiana’s 16

Solid Waste Management Program, both of which are overseen by the Indiana 17

Department of Environmental Management (“IDEM”). I will discuss the projects and 18

support the Company’s request for a Federal Mandate certificate of public 19

convenience and necessity (“CPCN”) under the Federal Mandate Statute (Indiana 20

Code 8-1-8.4). Further, I will provide construction schedules for these proposed 21

projects and the associated estimated costs. In addition, my testimony will also 22





discuss other future CCR Rule-required projects, which are not included in this 1

proceeding, but which will be included in a separate future regulatory proceeding. 2

II. CCR AND IDEM RULE OVERVIEW3

Q. PLEASE PROVIDE AN OVERVIEW OF HOW THE CCR RULE HAS 4

ALREADY IMPACTED DUKE ENERGY INDIANA’S GENERATING UNITS. 5

A. As I described in my direct testimony in the Company’s pending base rate case 6

(Cause No. 45253) and explained in more detail by Mr. Schwartz, under the CCR 7

Rule, there are certain events that may cause a CCR unit to trigger closure. All of the 8

Company’s CCR units will be closed in accordance with state and federal regulations. 9

Duke Energy Indiana submitted closure plans to IDEM for their review and approval 10

in December of 2016. As my testimony details, many of those closure plans have 11

now been approved (sometimes with modification) by IDEM. 12

Q. WHAT ACTIONS MUST DUKE ENERGY INDIANA TAKE TO CLOSE A 13

CCR UNIT? 14

A. There are significant closure and post-closure care requirements for CCR units. The 15

CCR Rule provides for closure by leaving the coal combustion residuals in place 16

(referred to as “closure in place”) and for closure by removal. 17

Closure in place requires the removal of free liquids from the surface of the 18

impoundment, as well as free liquids from within the impoundment (referred to as 19

interstitial dewatering). Once the impoundment is dewatered, the remaining coal 20

combustion residuals must be graded and stabilized. Sloping, grading and channeling 21





must be done for positive storm water drainage. Finally, a final cover must be 1

constructed. Then, a vegetative surface must be established. 2

In order to close by removal, the CCR Rule requires dewatering and removal 3

of all coal combustion residuals from the CCR unit. Closure by removal is not 4

complete until groundwater monitoring concentrations do not exceed groundwater 5

protection standards. 6

IDEM has adopted the CCR Rule into its Solid Waste Management Plan by 7

reference. Its definition of closure in place and closure by removal are similar if not 8

the same as under the CCR Rule. 9

Q. ARE EITHER CLOSURE BY REMOVAL OR CLOSURE IN PLACE 10

ALLOWED UNDER CCR AND IDEM RULES? 11

A. Yes. 40 C.F.R. 257.102(c) provides for closure in place, and 40 C.F.R. 257.102(d) 12

provides for closure by removal. IDEM rules also provide for both methods of 13

closure under 329 I.A.C. 10. 14

Q. IS THE UTILITY STILL RESPONSIBLE FOR A CCR UNIT AFTER 15

CLOSURE IS COMPLETE? 16

A. Yes. Once closure in place is complete, Duke Energy Indiana will be responsible for 17

maintaining the integrity and effectiveness of the final cover system, the leachate 18

collection system (if present), and the groundwater monitoring system. This includes 19

making repairs to the final cover as necessary to correct the effects of settlement, 20

subsidence, erosion or other events, and preventing run-on and run-off from eroding 21

or otherwise damaging the final cover. The leachate collection system must be 22





maintained and operated (if present), and the groundwater must continue to be 1

sampled and monitored. The default duration of this post-closure care and 2

monitoring period is thirty (30) years; however, if at the end of this period the owner 3

or operator of the CCR unit has not achieved the applicable groundwater protection 4

standards, the owner or operator must continue to conduct post-closure care until such 5

standards have been achieved. This is generally the case whether the ash 6

management area is closed under the CCR Rule or IDEM jurisdiction – both require 7

certain post-closure care and maintenance. 8

Under either closure method, if future groundwater sampling and analysis 9

demonstrate an impact from the closed CCR unit, additional remedial actions may be 10

required. 11

Q. PLEASE DESCRIBE THE PROJECTS THE COMPANY MUST 12

UNDERTAKE IN ORDER TO DIRECTLY OR INDIRECTLY COMPLY 13

WITH FEDERALLY MANDATED REQUIREMENTS. 14

A. As described above, the Company’s main projects in this proceeding necessary to 15

directly or indirectly comply with federally mandated requirements involve the steps 16

required to either close in place or close by removal its surface impoundments. Table 17

1 below provides an overview of the surface impoundments governed by both the 18

CCR Rule and IDEM rules with closure plans approved by IDEM. Table 2 provides 19

an overview of the surface impoundments and ash management areas governed by 20

IDEM rules with closure plans approved by IDEM. The projects included in Tables 1 21

and 2, along with the required post-closure care and maintenance through 2028, 22





comprise the coal ash compliance plan for which the Company requests CPCN 1

approval in this proceeding. For clarity, Petitioner’s Exhibit 2-M is site maps that 2

identify the basins/ash management areas for each generating station. 3

Further, there are also future compliance projects that will need to be 4

completed going forward. Although these projects are not being submitted for 5

approval as part of this subdocket, my testimony will also describe them in the 6

interest of transparency for the Commission and interested stakeholders. The 7

Company anticipates a separate regulatory filing before the Commission once IDEM 8

approval is obtained for these projects, which is expected to occur by approximately 9

2021. 10

Table 1 11

Station Asset Name

Closure Plan

Footprint (Acres)

Closure Plan

Volume of Waste (Cubic Yards)

Planned Closure Method

Cayuga:

Lined Ash Disposal Area 37 306,855 Closure in Place

Primary Ash Settling Pond 26 17,890 Closure by Removal

Ash Disposal Area #1 119 7,456,380

Closure in Place with an Isolated

Area of Closure by Removal

Gallagher: North Ash Pond 39.9 2,019,300 Closure in Place

Primary Pond Ash Fill Area 7.5 465,330 Closure in Place

Ash Pond A 36 1,150,315 Closure by Removal





Ash Pond B/Landfill 61.7 3,186,750

Closure in place previously approved under the Restricted

Waste Type 1 facility

Gibson:

East Ash Settling Basin 41.6 69,000 Closure by Removal

Wabash River: Ash Pond A 80.2 3,510,755 Closure by Removal

Secondary Settling Pond 7.8 35,100 Closure by Removal

South Ash Pond 73 1,246,005 Closure in Place

Table 2 1

Station Asset Name

Closure Plan

Footprint (Acres)

Closure Plan

Volume of Waste (Cubic Yards)

Planned Closure Method

Dresser

Coal Ash Management Area Mine Spoil Area

18 19

522,129 400,000

Consolidate and Cap in Place

Gibson East Ash Pond 343.2 16,267,674 Cap in Place

Noblesville Ash Stack 16 582,500 Consolidate and Cap

in Place

III. CLOSURE PLANS AT CAYUGA GENERATING STATION 2

Q. PLEASE PROVIDE AN OVERVIEW OF THE COMPANY’S CLOSURE 3

PLAN FOR CAYUGA GENERATING STATION. 4

A. The Company’s closure plans for the coal ash management areas at Cayuga that were 5

filed with IDEM are quite large and can be located in IDEM’s Virtual File Cabinet 6

(https://vfc.idem.in.gov), VFC 8 at 2895272. In summary, the Cayuga ash pond 7

system consists of the following areas, West Ash Fill Area, the Lined Ash Disposal 8

https://vfc.idem.in.gov/

https://vfc.idem.in.gov/





Area, the Ash Disposal Area #1, the Primary Ash Settling Pond, and the Secondary 1

Ash Settling Pond. However, we are only including costs associated with the Lined 2

Ash Disposal Area, the Ash Disposal Area #1 and the Primary Ash Settling Pond in 3

this proceeding. The West Ash Fill Area will be closed at the time Cayuga 4

Generating Facility will be closed, and the Secondary Ash Settling Pond was 5

previously closed, and the area repurposed as a CCR Rule-compliant lined retention 6

basin. Therefore, costs associated with these two basins were not included in this 7

proceeding. 8

IDEM has approved closure of the Cayuga ash pond system via an approval letter 9

dated January 17, 2020, which is included as Petitioner’s Exhibit 2-A. This approval 10

set forth the following method of closure for the areas included in the Cayuga ash 11

pond system. 12

The major difference between the original plan proposed by Duke Energy Indiana 13

in December 2016 and the IDEM-approved plan is the treatment of the Primary Ash 14

Settling Pond. Duke Energy Indiana’s originally submitted plan treated this area as a 15

cap-in-place closure, with the use of on-site CCR structural fill materials to generate 16

final closure grades, capped with a geo-composite cap system. The plan ultimately 17

approved by IDEM includes closure by removal of the Primary Ash Settling Pond – a 18

more cost-effective solution given the lower generation level expected in the future 19

for Cayuga. 20





Q. PLEASE PROVIDE MORE DETAIL ON THE ASH POND SYSTEM AT 1

CAYUGA AND HOW IT WILL BE CLOSED UNDER THE PLANS 2

APPROVED BY IDEM. 3

A. As I mentioned above, the portion of the Cayuga ash pond system included in this 4

proceeding is made up of the following surface impoundments: 5

• Lined Ash Disposal Area, approximately 36.9 acres, will be closed in place with a 6

CCR Rule-compliant capping system integrated with the Ash Disposal Area # 1 7

area. 8

• Ash Disposal Area #1, approximately 101 acres, is an inactive area at which the 9

Company is executing a closure in place with a CCR Rule-compliant capping 10

system integrated with the Lined Ash Disposal Area. 11

• Primary Ash Settling Pond, approximately 26.0 acres, will be closed in place with 12

all CCR materials removed, which entails removing all visible CCR materials 13

followed by the placement of fill materials in such a manner to prevent ponding of 14

water on the surface. 15

Q. WHAT IS THE TIMELINE FOR COMPLIANCE WITH THE CCR AND 16

IDEM RULE PROVISIONS FOR CLOSURE? 17

A. Duke Energy Indiana plans to have the ash management areas at Cayuga closed by 18

2023. Please also refer to the schedule of required closure activities provided in the 19

milestone schedule, which is attached to my testimony and marked as Confidential 20

Exhibit 2-B. 21





IV. CLOSURE PLANS AT GALLAGHER GENERATING FACILITY 1


PLAN FOR GALLAGHER GENERATING FACILITY. 3

A. The Company’s closure plans for the ash management areas at Gallagher that were 4

filed with IDEM are quite large and can be located in IDEM’s Virtual File Cabinet at 5

VFC82859876. In summary, the Gallagher ash pond system consists of the following 6

areas, the North Ash Pond, the Primary Pond, the Primary Pond Ash Fill Area, Ash 7

Pond A, the Ash Fill Area #1 (also referred to as Coal Pile Ash Fill Area), the 8

Secondary Settling Pond, and Ash Pond B. 9

Duke Energy Indiana received a partial approval from IDEM for Gallagher on 10

December 10, 2019 for all areas but the Primary Pond. See Petitioner’s Exhibit 2-C. 11

IDEM approved the Company’s proposed closure plans for the North Ash 12

Pond, the Primary Pond Ash Fill Area, Ash Pond A, the Ash Fill Area #1, the 13

Secondary Settling Pond, and Ash Pond B. The North Ash Pond, the Primary Pond 14

Ash Fill Area, Ash Pond A, and Ash Pond B/Landfill were all included in this 15

proceeding. Through IDEM’s review process, IDEM shared its concerns with the 16

Company’s proposed closure-in-place plan for the Primary Pond. As a result, Duke 17

Energy Indiana modified the closure-in-place plan to include a “cut-off wall” around 18

the Primary Pond with gradient control to comply with IDEM guidance on the use of 19

cut-off walls. This modification was submitted to IDEM in February of 2020 and is 20

still under consideration as of the date of this testimony. The Gallagher Primary Pond 21

has not been included in this proceeding. Duke Energy Indiana previously removed 22





the ash from the Secondary Settling Pond and costs were included in the Company’s 1

pending retail base rate case (Cause No. 45253). Therefore, costs are not included in 2

this proceeding for the Gallagher Secondary Settling Pond. Gallagher Ash Fill Area 3

#1 will be repurposed for use as a new lined retention pond, and the associated costs 4

have not been included in this proceeding. 5


GALLAGHER AND HOW IT WILL BE CLOSED UNDER THE PLANS 7

APPROVED BY IDEM. 8

A. As I mentioned above, the portion of the Gallagher ash pond system included in this 9

proceeding is made up of the following surface impoundments: 10

• North Ash Pond, approximately 39.9 acres, will be closed in place with 11

implementation being scheduled for the 2022 time frame. A CCR Rule-compliant 12

cap will be integrated with the Primary Pond and the Primary Pond Ash Fill Area. 13

• Ash Pond A, approximately 36 acres, will be closed by removal of all CCR 14

materials with the material being placed in the on-site restricted waste landfill. 15

• Ash Pond B/Landfill was repurposed years ago into the on-site restricted waste 16

landfill, which is also being closed for CCR Rule compliance. IDEM approved 17

extension of the cover system for the landfill to include those areas of Ash Pond B 18

outside the boundary of the restricted waste landfill. 19

• Primary Pond Ash Fill Area, approximately 7.5 acres. The area will be closed in 20

place with an integrated cap with the Primary Pond and North Ash Pond utilizing 21

a CCR Rule-compliant cap. 22







A. Duke Energy Indiana plans to have the ash management areas at Gallagher closed by 3

2025. Please also refer to the schedule of required closure activities provided in the 4


Exhibit 2-D. 6

V. CLOSURE PLANS AT WABASH RIVER GENERATING FACILITY 7


PLAN FOR WABASH RIVER GENERATING FACILITY. 9

A. The Company’s closure plans for the ash management areas at Wabash River are 10

quite large and can be located in IDEM’s Virtual File Cabinet at VFC82858975. In 11

summary, the Wabash River ash pond system consists of the following areas: the 12

North Ash Pond, Ash Pond A, Ash Pond B, Secondary Settling Pond, and the South 13

Ash Pond. 14

IDEM granted partial approval for the South Ash Pond system via a letter 15

dated August 16, 2019. See Petitioner’s Exhibit 2-E. This partial approval covered 16

Ash Pond A, the Secondary Settling Pond, and the South Ash Pond. These are the 17

surface impoundments at Wabash River included in this proceeding. 18

IDEM is continuing to evaluate the proposed closure activities for Ash Pond 19

B. Follow-up discussions with IDEM resulted in Duke Energy Indiana re-evaluating 20

the closure method for this pond. Duke Energy Indiana ultimately revised the 21

proposed method of closure of Ash Pond B from closure in place to closure by 22





removal and submitted its revised closure plan to IDEM on November 5, 2019. It 1

remains pending at the time this testimony was filed. The Company’s proposed 2

closure plan for the North Ash Pond as remains pending at the time this testimony 3

was filed. Therefore, the Company has not included activities at Ash Pond B or the 4

North Ash Pond at Wabash River for approval in this proceeding. 5


WABASH RIVER AND HOW IT WILL BE CLOSED UNDER THE PLANS 7

APPROVED BY IDEM. 8

A. As I mentioned above, the portion of the Wabash River ash pond system included in 9

this proceeding is made up of the following surface impoundments: 10

• Ash Pond A, approximately 80.2 acres, will be closed by removal with the 11

material being placed in the lined South Ash Pond. 12

• Secondary Settling Pond, approximately 7.8 acres, will be closed by removal with 13

the material being placed in the lined South Ash Pond. A soil structural fill 14

buttress will also be constructed in this footprint to provide stabilization and 15

protection of the South Ash Pond from river flooding. 16

• South Ash Pond, approximately 73 acres, will be closed in place with structural 17

fill materials from Ash Pond A, Ash Pond B and the Secondary Settling Pond to 18

establish final grades. 19







A. Duke Energy Indiana plans to have the ash management areas at Wabash River 1

mainly closed by 2027. For additional details, please refer to the milestone schedule 2

attached to my testimony and marked as Confidential Exhibit 2-F. 3

VI. COAL ASH CLOSURE ACTIVITIES GOVERNED BY IDEM 4

Q. DOES DUKE ENERGY INDIANA HAVE OTHER COAL ASH-RELATED 5

OBLIGATIONS? 6

A. Yes. In addition to the CCR Rule-mandated requirements, Duke Energy Indiana has 7

coal ash-related obligations under Indiana’s Solid Waste Regulations. As discussed 8

in Cause No. 45253, the Company has been undertaking coal ash-related remediation 9

at the Gibson Generating Facility East Ash Pond, the former Dresser Generating 10

Facility in West Terre Haute, and the Noblesville Generating Facility. The Gibson 11

East Ash Pond closure is being conducted under a previously approved closure plan 12

(prior to the CCR Rule) approved by the state. Closure of the legacy ash management 13

area at Dresser Generating Facility in West Terre Haute is being addressed under an 14

agreed order and a closure plan approved by the state. Closure of the Noblesville 15

Station legacy ash management area is currently in progress under an agreed order 16

and a closure plan approved by the State. 17

This subdocket proceeding includes only costs from the approved closure 18

plans at the former Dresser Generating Station and at Noblesville Generating Station, 19

as well as certain coal ash management costs after 2020 associated with the Gibson 20

East Ash Settling Basin. The closure plan for legacy Edwardsport remains pending 21





before IDEM. Therefore, the Company is not yet seeking approval to recover the 1

associated expenses. 2

Expenses through 2020 associated with the Gibson East Ash Pond and 3

Dresser were included in Cause No. 45253. 4

A. Gibson East Ash Pond 5

Q. THE COMPANY INCLUDED A PORTION OF THE EXPENSES FOR 6

CLOSING THE EAST ASH POND SYSTEM AT GIBSON GENERATING 7

FACILITY IN ITS RATE CASE (CAUSE NO. 45253). ARE THERE 8

ADDITIONAL EXPENSES ASSOCIATED WITH THIS SURFACE 9

IMPOUNDMENT INCLUDED IN THIS PROCEEDING? 10

A. Yes. Relatively minor expenses remain for the East Ash Pond system, made up of the 11

East Ash Pond and the East Ash Settling Basin, at Gibson Station and have been 12

included in this proceeding. 13

The East Ash Settling Pond is also considered a surface impoundment under 14

the CCR Rule. Duke Energy Indiana amended the state-approved closure plan to 15

include the East Settling Basin closure such that it would be closed under the CCR 16

Rule. The East Ash Pond closure was previously approved by the state and is not 17

subject to the CCR Rule. 18

Q. OTHER THAN THE EAST ASH POND SYSTEM, HAS IDEM APPROVED 19

THE COMPANY’S PROPOSED CLOSURE PLANS AT GIBSON 20

GENERATING STATION? 21





A. No, IDEM has not yet approved the closure plans for the North Ash Pond, the North 1

Settling Basin, the South Ash Fill Area, and the South Settling Basin. The Company 2

has not, therefore, included activities at these areas for approval as compliance 3

projects in this proceeding. Instead, Duke Energy Indiana will include the activities 4

and related expenses in a future regulatory proceeding. 5



A. Duke Energy Indiana plans to have the ash management areas at Gibson mostly 8

closed by 2023. Please also refer to the schedule of required closure activities 9

provided in the milestone schedule, which is attached to my testimony and marked as 10

Confidential Exhibit 2-G. 11

B. Former Dresser Generating Facility 12

Q. PLEASE DESCRIBE THE RETIRED DRESSER GENERATING FACILITY. 13

A. Dresser Generating Facility was in operation providing electric service to customers 14

from 1924-1975. The Station’s ash was historically deposited in numerous piles 15

located on the Station property. Some of those piles also contain “mine spoils” 16

(unusable coal remnants and other mined materials) from the Dresser Mine, which 17

operated from the mid-1920s through the 1950s. In addition, the former Dresser site 18

contains asbestos-containing material that requires remediation. 19

Q. IS DUKE ENERGY INDIANA CURRENTLY UNDERTAKING A 20

REMEDIATION PLAN AT THE RETIRED DRESSER GENERATING 21

FACILITY SITE? 22





A. Yes. In summary the Dresser Closure Implementation Plan consists of two main 1

areas, a mine refuse management area, and a coal ash management area. A Closure 2

Implementation Plan was submitted to IDEM on December 7, 2016. IDEM approved 3

the closure/post closure plan on December 21, 2017. See Petitioner’s Exhibit 2-H. 4

Mine Refuse Management Area of approximate 18 acres. The material in this 5

area resulted from the operation of the Dresser mine from the mid-1920s to the 1950s. 6

Refuse from this mining operation consisted of clay, underclay, shale, etc. and were 7

isolated generally to the northwest of the site. The mine refuse materials are planned 8

to remain in place but the face along the Wabash River will be pulled back, flattened, 9

and armored up to the 100-year flood elevation. 10

Coal Ash Management Area of approximate 48 acres. The coal ash materials 11

are generally bottom ash and cinders since electrostatic precipitators were not 12

installed on the former Dresser generating station. These materials are to be 13

consolidated into one pile in the vicinity of the former coal pile. In addition, Duke 14

Energy Indiana has located asbestos-containing material in two piles in this area. The 15

average thickness of ash is approximately 5 feet. The asbestos-containing material is 16

being consolidated on site, grading and covered in accordance with the closure plan. 17

Both the mine refuse and the coal ash management areas will receive a 18

nominal 2’ compacted soil cover followed by a 6” top soil layer to support vegetation. 19

The Company will also be installing groundwater monitors to ensure there are 20

no impacts from the remediated areas, as well as plugging and removing from service 21

certain drainage and storm water pipes located on the property. 22





Please see Petitioner’s Confidential Exhibit 2-I for the milestone schedule 1

related to the Dresser remediation work. 2

C. Noblesville Generating Facility 3

Q. PLEASE DESCRIBE THE NOBLESVILLE GENERATING FACILITY. 4

A. Noblesville Generating Facility was built in 1950 as a coal-fired plant with an 5

approximate capacity of 90 MW. In 2003, the coal-burning portion of the station was 6

decommissioned, and three new combustion turbines were installed that run on 7

natural gas. 8

The coal-fired Noblesville Station placed dry ash into two contiguous dry ash 9

disposal mounds on the northwest portion of the Station’s property starting in the 10

1950s. There are some smaller ash mounds on the property as well. When the station 11

ceased using the mounds for storage of ash, soil was placed on top of the ash, grass 12

was sown, and trees were planted. 13

Q. IS DUKE ENERGY INDIANA CURRENTLY UNDERTAKING 14

REMEDIATION ACTIVITIES AT THE NOBLESVILLE GENERATING 15

FACILITY? 16

A. Yes, it is. In summary, the Noblesville closure plan addressed the Noblesville Ash 17

Management areas which generally consist of 2 contiguous ash disposal areas in the 18

northwest portion of the station property. This CCR material was disposed of from 19

the 1950s until approximately 1989. This material contains both fly ash and bottom 20

ash as well as small amounts of trash and other refuse originating from the station and 21

some from third parties. These disposal areas were then covered with some soils 22





ranging from nominal to as much as 2 feet. Grass was sown and trees were planted. 1

The overall closure plan is to excavate these CCR materials and consolidate them in 2

one ash management area along the western boundary of the property. This 3

consolidated pile would then be covered with a 6-inch layer of cohesive soils 4

followed by a textured geomembrane and geo-composite drainage layer. A 30-inch 5

layer of protective soils plus a 6-inch vegetative layer will be placed over the drainage 6

layer. The Company has also installed a network of groundwater interceptor wells, 7

which are in operation. 8

IDEM approved the Company’s proposed closure plan on October 17, 2019. 9

See Petitioner’s Exhibit 2-J. 10

Q. WHAT IS THE TIMELINE FOR COMPLIANCE WITH THE CLOSURE 11

PLAN? 12

A. Please refer to the schedule of required closure activities are provided in the 13


Exhibit 2-K. 15

VII. ADDITIONAL STATUTORY FACTORS 16

Q. HOW WILL DUKE ENERGY INDIANA’S COMPLIANCE PROJECTS 17

ALLOW THE COMPANY TO COMPLY WITH FEDERALLY MANDATED 18

REQUIREMENTS? 19

A. Each federally mandated closure plan contains a section titled the “Closure Plan 20

Narrative.” Within that section, the plan defines the requirements under the IDEM 21

Surface Impoundment Closure Guidance as defined by the bold italicized heading. 22





The narrative following each bold italicized heading contains the details of the 1

closure plan that satisfy the requirements of the Surface Impoundment Closure 2

Guidance. Each closure plan details are unique to address the site-specific issues. 3

Please refer to the closure plan exhibits for the details of the federally mandated 4

requirements. 5

Q. AS THE COMPANY DEVELOPED THE COMPLIANCE PLANS IT 6

SUBMITTED TO IDEM, DID IT CONSIDER ALTERNATE WAYS TO 7

COMPLY? 8

A. Yes. The IDEM Surface Impoundment Guidelines provide two basic types of closure 9

methods. 1) Clean Closure, and 2) Closure in Place. IDEM also provided two 10

additional closure alternatives to our third-party engineering firm. An option for 11

Closure by Removal – defined as removal of all CCR material plus a minimum of 1 12

foot of the soil below the CCR material, and an option for closure under Indiana’s 13

Remediation Integrated system of Closure Guidance. 14

In general, site-specific options where evaluated for comparison. Each of 15

these options are included in the closure plan documents and the chosen option is 16

listed for each basin in the Closure Plan narrative. As the plans were developed, each 17

ash management area was reviewed for the best and most cost-effective way to 18

comply with the federal CCR requirements. 19

However, it must be stated that the Company does not have numerous 20

alternatives to closing its surface impoundments as mandated by the CCR Rule. 21

Essentially, Duke Energy Indiana can close its surface impoundments by closure by 22





removal or by closure in place. And even though the Company has explained which 1

method of closure it has proposed to IDEM – truly, the only “alternative” that Duke 2

Energy Indiana may use to close its surface impoundments is the alternative that 3

IDEM approves. 4

Q. WHY DID DUKE ENERGY INDIANA ULTIMATELY CHOOSE TO SUBMIT 5

TO IDEM THE CLOSURE PLANS IT DID? 6

A. Duke Energy Indiana used a third party to help develop the plans. Criteria considered 7

were cost, safety, schedule, constructability, regional factors, and environmental 8

protection and impacts. The proposed plans best fulfilled these criteria and meet the 9

requirements of the CCR Rule and the IDEM rules. 10

Q. DO ANY OF THE COMPLIANCE PROJECTS EXTEND THE USEFUL LIFE 11

OF EXISTING ENERGY UTILITY FACILITIES? 12

A. Not necessarily. For the sites where Duke Energy Indiana plans to continue to 13

operate, Gallagher, Gibson and Cayuga Stations, CCR compliance activities are 14

necessary for continued operation. These continued operations primarily include 15

loading, hauling and placement of ash and fixated material in the operating landfills, 16

as well as landfill management. The closure of a basin at a particular site does not, 17

however, extend the useful life of the generating facility. 18

VIII. ESTIMATED COSTS FOR FEDERALLY MANDATED PROJECTS 19

Q. WHAT IS THE COMPANY INCLUDING IN THIS PROCEEDING FOR THE 20

COSTS OF ITS FEDERALLY MANDATED PROJECTS? 21





A. Included in this proceeding are the following closure expenses at Duke Energy 1

Indiana’s generating stations: 2

Cayuga Generating Station: approximately $94 million 3

Gallagher Generating Station: approximately $105 million 4

Wabash River Generating Station: approximately $88 million 5

Dresser Generating Station: approximately $1.3 million 6

Noblesville Generating Station: approximately $16 million 7

Total: approximately $302 million (unescalated and after subtracting cost of 8

removal) 9

Additional detail behind these estimates can be found in Petitioner’s 10

Confidential Exhibit 2-L, as well as my confidential workpapers. In addition to these 11

closure costs, there are coal ash management costs of approximately $35 million 12

(unescalated). 13

Q. IS THE COMPANY REQUESTING APPROVAL OF THIRTY-PLUS YEARS 14

OF COMPLIANCE COSTS IN THIS PROCEEDING? 15

A. No, the Company is only requesting expenses through 2028 in this proceeding. 16

Future expenses will be requested in a subsequent proceeding. 17

Q. WHEN WILL THE COMPANY REQUEST APPROVAL OF ITS PROPOSED 18

CLOSURE PLANS AT ITS REMAINING SURFACE IMPOUNDMENTS? 19

A. Duke Energy Indiana is waiting for IDEM to approve the closure plans at its 20

remaining surface impoundments before it submits them to the Commission for its 21

review and approval. 22





The closure plans currently pending before IDEM (and therefore, not included 1

in this proceeding) include: Gallagher Primary Pond, Wabash River Ash Pond B, 2

Wabash River North Ash Pond, Gibson North Ash Pond, Gibson North Settling 3

Basin, Gibson South Ash Fill Area, and Gibson South Settling Basin. In addition, the 4

closure-related activities for the legacy Edwardsport Station have not been included 5

in this proceeding. 6

Duke Energy Indiana estimates these additional closures will be 7

approximately $250 million. Duke Energy Indiana will provide additional detail in 8

the future regulatory proceeding to be filed after IDEM has approved the remaining 9

closure plans. 10

Q. IN ADDITION TO THE YET-TO-BE-APPROVED CLOSURE PLANS, ARE 11

THERE ADDITIONAL FUTURE PROJECTS THAT ARE NOT PART OF 12

THIS PROCEEDING BUT WILL NEED TO BE PERFORMED BY THE 13

COMPANY ONCE ITS GENERATING STATIONS CLOSE. 14

A. Yes, there will be several CCR closure-related projects as well as post closure O&M 15

related to the retirement and demolition of Duke Energy generating plants that have 16

plant equipment currently in operation on top of legacy ash basins or active landfill 17

cells. These areas are identified in each site closure plan and each closure plan varies 18

in the degree of specificity to what will be required to comply with the CCR Rule. 19

The following list provides a general description of the post-retirement closure 20

projects: 21





• Cayuga - Capping the West Ash Fill Area - 63.5 acres 1

• Cayuga - Capping the Landfill Cell #3 - 25 acres 2

• Edwardsport - Capping a 4-acre section under the train tracks 3

• Gibson - Capping the South Aggregate Landfills Cells 1, 2 and 3 - 120 acres 4

• Gibson - Capping the South Aggregate Landfill Cell 4 - 40 acres 5

• Gibson - Capping the North Ash Settling Basin Phase II - 5.82 acres under the 6

roadway 7

• Gibson - Capping the South Settling Basin Phase II - 2.83 acres under the 8

roadway 9

• Gibson - Capping the South Ash Fill Area phase II - 56 acres 10

• Wabash River - Capping the remaining portion of the North Pond under the 11

Pet Coke pile - 36 acres 12

These future closure projects, including 30 years post closure maintenance, 13

are estimated to cost approximately $150 million (not escalated). 14

IX. CONCLUSION 15

Q. IS DUKE ENERGY INDIANA UNDERTAKING THESE CLOSURE AND 16

POST-CLOSURE ACTIVITIES TO COMPLY WITH FEDERALLY 17

MANDATED REQUIREMENTS? 18

A. Yes. The Company must comply with the rules and regulations applicable to its 19

generating facilities and its production and storage of ash. As described by Mr. 20

Schwartz, Duke Energy Indiana’s closure and post-closure activities are related to the 21

direct or indirect compliance with one or more federally mandated requirements. As 22





such, Duke Energy Indiana requests that the Commission authorize it to recover the 1

federally mandated costs associated with these compliance projects and grant it a 2

certificate that states that public convenience and necessity will be served by the 3

compliance projects proposed by Duke Energy Indiana in this proceeding. 4

Q. MR. THIEMANN, DO YOU BELIEVE THE COMPANY HAS PROCEEDED 5

REASONABLY IN THE ACTIVITIES IT HAS UNDERTAKEN FOR CCR 6

AND IDEM RULE COMPLIANCE PURPOSES? 7

A. Yes, I do. The CCR Rule (which was adopted by reference into IDEM rules as well) 8

is unique in that the electric generator has specific requirements to assess the CCR 9

basins and landfills at its facilities. Yet, in order to determine the correct closure 10

plan, significant effort to conduct engineering, conduct groundwater assessments and 11

address structural stability must take place. In addition, any work related to removing 12

flows from the basin must be performed in order to allow basin closure. All of the 13

pre-closure work, closure activities and post-closure work are not associated with a 14

tangible asset, yet are simply mandated for compliance. 15

As for Duke Energy Indiana (and other electric utilities as well), the closure 16

plans can be broken down into two simple options: 1) close a basin by removing all 17

ash and any areas affected by releases from the CCR unit (closure by removal); or 2) 18

close a basin by removing the liquid wastes, stabilizing the remaining wastes and 19

installing an impermeable cap over the material in place (closure in place). Because 20

of the issuance of the CCR Rule and its stringent compliance requirements, Duke 21

Energy Indiana has had no choice but to take action on certain ash basin closures to 22





avoid the potential of not meeting the closure deadlines imposed by the CCR Rule, 1

even while its proposed closure plans remain pending at IDEM. 2

Duke Energy Indiana’s actions to date, and that will be taken in the future, are 3

taken to satisfy the requirements of state and federal law. We continue to work with 4

IDEM to ensure we have plans that satisfy the state, yet work in parallel to ensure we 5

will meet our CCR Rule compliance dates. 6

Q. IN CONCLUSION, MR. THIEMANN, DO YOU BELIEVE THE COMPANY’S 7

COAL ASH-RELATED COMPLIANCE COSTS ARE REASONABLE AND 8

SHOULD BE APPROVED? 9

A. Yes, I do. Duke Energy Indiana takes seriously its compliance obligations, be those 10

safety, reliability or environmental in nature. Both the CCR Rule and IDEM require 11

electric utilities to close existing ash ponds, to remediate existing ash management 12

areas, and to comply with all post-closure monitoring and compliance activities. 13

There are no alternatives to these requirements. Utilities cannot shut down their coal-14

fired generators to avoid the compliance requirements. The very fact that utilities 15

have created coal ash in the past triggers the need to handle and dispose of that ash in 16

a way that complies with federal and state standards. Not allowing utilities to recover 17

their reasonable and prudent costs would do nothing but penalize those utilities for 18

many years of providing customers with electricity created by burning coal. Duke 19

Energy Indiana’s activities to comply with the CCR Rule and IDEM regulations are a 20

reasonable part of the provision of service to its customers – all of whom will also 21

benefit from the Company’s compliance with environmental standards. I respectfully 22





request that the Commission allow the Company to recover its coal ash-related 1

closure expenses as requested by Duke Energy Indiana. 2

Q. DID YOU PROVIDE MR. DAVEY WITH THE ESTIMATED COSTS FOR 3

THE PROPOSED COMPLIANCE PROJECTS FOR USE IN HIS 4

TESTIMONY AND EXHIBITS? 5

A. Yes, I did. 6

Q. WERE PETITIONER’S EXHIBITS 2-A, 2-C, 2-E, 2-H, 2-J, 2-M AND 7

CONFIDENTIAL EXHIBITS 2-B, 2-D, 2-F, 2-G, 2-I, 2-K, AND 2-L 8

PREPARED BY YOU OR AT YOUR DIRECTION? 9

A. Yes. 10

Q. DOES THIS CONCLUDE YOUR PREFILED TESTIMONY? 11

A. Yes, it does. 12

Petitioner's Exhibit 2-A (TJT) IURC Cause No. 45253 S1

1

IDEM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We Protect Hoosiers and Our Environment.

Eric J. Holcomb Gove111or

Duke Energy Indiana, LLC Attn: Owen R. Schwartz 1000 East Main Street Plainfield, Indiana 46168

Dear Owen R. Schwartz:

100 N. Senate Avenue • Indianapolis, IN 46204

(800) 451-6027 • (317) 232-8603 • www.idem.lN.ga

January 17, 2020

Re: Approval of Modified Closure/Post-Closure Plan

Cayuga Generating Station Vermillion County SW Program ID 83-UP-01

Bruno L. Pigott Commissione,·

Duke Energy's coal combustion residuals (CCR) surface impoundment modified closure and post-closure plan for the Duke Energy Cayuga Generating Station Ash Pond System (APS), consisting of West Ash Fill Area, the Lined Ash Disposal Area, the Ash Disposal Area #1, Primary Ash Settling Pond and the Secondary Ash Settling Pond is approved under 329 IAC 329 IAC 10-9-1 (c), which incorporates portions of 40 CFR 257, Subpart D (CCR regulation). This approval is subject to the terms of this letter, the closure and post-closure plans referenced in this document, and the enclosed requirements. This approval also modifies previously approved closure and post-closure plans for Ash Disposal Area #1 dated June 7, 2012, (VFC #66148598). The facility is located at the Cayuga Generating Station, 3300 North State Road 63 near Cayuga, Vermillion County, Indiana.

The APS closure approval encompasses approximately 253.4 acres. West Ash Fill Area (65.7 acres), Lined Ash Disposal Area (36.9 acres), and Ash Disposal Area #1 (119.2 acres) will be closed in place. Secondary Ash Settling Pond (4.7 acres) and a small area of Ash Disposal Area #1 (0.9 acres) will be closed with closure by removal. Primary Ash Settling Pond (26.0 acres} will be closed by removing all visible CCR material only (modified in-place closure). Upon completing closure, these ponds will be subject to post-closure requirements.

Public records for your facility are available in IDEM's Virtual File Cabinet at www.in.gov/idem. Documents related to this approval include the closure and postclosure plan application dated December 21, 2016 (VFC #80399269} and additional information dated August 15, 2018 (VFC #82600861); September 25, 2018 (VFC #82623081 }; February 15, 2019 (VFC #82698640); and November 6, 2019 (VFC #82860689).

An Equal Opportunity Employer 0 A State that~

@ Recycled Paper


2

Duke Energy Indiana, LLC SW Program ID 83-UP-01

Page 2 Approval of Modified CCR Closure/Post~Closure Plan

This approval does not: convey any property rights of any sort or any exclusive privileges; authorize any injury to any person or private property or invasion of other private rights or any infringement of federal, state, or local laws or regulations; or preempt any duty to comply with other state or local requirements.

If you wish to appeal this decision, you must file a request for administrative review with the Office of Environmental Adjudication within 18 days after the postmark of this letter. The enclosed guidance provides information on the appeal process and your rights and responsibilities for filing an adequate and timely appeal. If you have any questions, please contact Anna Mishel, the Permit Manager assigned this facility, by dialing (317) 233-6725 or by e-mail at [email protected].

Enclosures: Approval Requirements

Sincerely,

Rebecca Eifert Joniskan, Chief Permits Branch Office of Land Quality

Guidance on How to Appeal IDEM Decision

cc with enclosures Vermillion County Health Department Vermillion County Commissioners Vermillion Solid Waste Management District President, Cayuga Town Council President, Newport Town Council


3


Page 3 Approval of Modified CCR Closure/Post-Closure Plan

REQUIREMENTS

A. General Requirements

B. Closure Requirements

C. Post-Closure Requirements

D. Groundwater Monitoring Requirements

E. Financial Responsibilities for Closure and Post-Closure

F. Compliance Schedule Requirements


4


Page4 Approval of Modified CCR Closure/Post-Closure Plan

A. GENERAL REQUIREMENTS

A 1. The owner or operator must close and maintain the APS as described in the approved plans and specifications in the document titled "Closure and PostClosure Plan" dated December 21, 2016 (VFC #80399269), the requirements of this approval, and the following submittals:

a. Document dated August 15, 2018 (VFC #82600861), response to request for additional information (RAI};

b. Document dated September 25, 2018 (VFC #82623081), response to RAI, Addendum 1;

c. Document dated February 15, 2019 (VFC #82698640), response to RAI, Addendum 2.

d. Document dated November 6, 2019 (VFC #82860689), response to RAI Addendum No.3

A2. The owner or operator must call (888) 233-7745 (IDEM's emergency response line) as soon as possible after learning of any event related to the facility that may cause an imminent and substantial endangerment to human health or the environment, such as a reportable spill (327 IAC 2-6.1) or a fire or explosion that requires the response of the local fire department.

The owner or operator must submit a written report to the Solid Waste Permits Section at the address given in Requirement A3 within five business days after the event. The report must describe the event, and actions taken or planned to correct the event and prevent its recurrence.

A3. Unless otherwise noted, submittals must be sent to the permit manager assigned your facility at the following address:

Indiana Department of Environmental Management Office of Land Quality Solid Waste Permits Section IGCN 1101 100 North Senate Avenue Indianapolis, IN 46204-2251

Please provide three copies printed double-sided. We greatly appreciate an electronic copy in Acrobat PDF format on CD or DVD, in place of one of the printed copies.

A4. Records of all monitoring information and activities which are required to be submitted by this approval or specified in the closure or post-closure plan, must contain information listed in 329 IAC 10-1-4(a). Records must be maintained as specified in 40 CFR 257.105 and 329 IAC 10-1-4(b) and (c).

A5. Reports must be signed as specified in 329 IAC 10-11-3(b).


5



8. CLOSURE REQUIREMENTS

B 1. The owner or operator must follow the facility closure and post-closure plans and specifications for closure and post closure of the APS, consisting of West Ash Fill Area, Lined Ash Disposal Area, Ash Disposal Area #1, Primary Ash Settling Pond, and Secondary Ash Settling Pond, in the documentation dated December 21, 2016 (VFC #80399269) and the following submittals:

a. Document dated August 15, 2018 (VFC #82600861); b. Document dated September 25, 2018 (VFC #82623081); c. Document dated February 15, 2019 (VFC #82698640); and d. Document dated November 6, 2019 (VFC #82860689).

B2. The following methods of closure are approved for Cayuga APS:

• West Ash Fill Area - Closure in place; this pond will be closed at the plant's decommissioning subject to 329 IAC 10-3-1 (9).

• Ash Disposal Area #1 - Closure in place with limited closure by removal of ash in an area underneath newly constructed lined Process Water Treatment Pond. This pond closure has been already partially approved under 329 IAC 10-3-1 (9) in the Approval letter dated June 7, 2012 (VFC #66148598).

• Lined Ash Disposal Area - Closure in place subject to 329 IAC 10-3-1 (9) and 329 IAC 10-9-1 (c) with 40 CFR 257.

• Secondary Ash Settling Pond - Closure by removal of CCR material and one additional foot of soil with groundwater monitoring, and re-purposed as a lined process water basin subject to 329 IAC 10-3-1(9) and 329 IAC 10-9-1(c) with 40 CFR 257.

• Primary Ash Settling Pond - Modified in-place closure with removal of all visible ash, with groundwater monitoring subject to 329 IAC 10-3-1 (9) and 329 IAC 10-9-1 (c) with 40 CFR 257.

B3. The owner or operator must notify IDEM in writing at least 15 days before the intended date to begin construction of cover system for each approved ash pond.

B4. The owner or operator must follow the schedule included in the closure and postclosure plans to complete the preparation activities and final closure of the APS.

B5. The owner or operator must manage surface water as described in the approved plans and meet the following requirements:

a. Maintain drainage ditches and the sedimentation basin to prevent off-site deposition of waste and sediment. Remove waste deposits from drainage ditches as necessary to properly convey storm water.

b. Construct temporary run-off structures in areas which are unable to drain to sedimentation basin.

B6. The owner or operator must properly dispose of all collected leachate, including water that has been in contact with waste in accordance with all applicable local, state, and federal laws (329 IAC 10-28-16 and IC 13-30-2-1 ).


6



B7. The owner or operator must perform inspections of the APS until completion of the final closure as described in 40 CFR 257.83 and requirements of this approval.

B8. The owner or operator must adopt measures that will effectively minimize coal combustion residual becoming airborne, including waste that generates fugitive dust (40 CFR 257.80) and fugitive particulate matter in a way that does not violate the rule for fugitive dust (326 IAC 6-4) or fugitive particulate matter (326 IAC 6-5), including 326 IAC 6-5-4(g) for solid waste handling control measures (329 IAC 10-8.2-2). The owner or operator must implement dust control measures as specified in the facility CCR Fugitive Dust Control Plan dated April 30, 2019 (VFC #82827279), and take any additional steps necessary to prevent violations of fugitive dust rules and 40 CFR 257.80.

B9. The owner or operator must construct soil and CCR structural fill as follows:

a. Place CCR structural fill, at an elevation within five feet of final cover subgrade (top of CCR before placement of final cover) in loose lifts not to exceed 12 inches and be compacted to at least 85% of the standard proctor maximum dry density and as described in the Response to Request for Additional Information dated August 15, 2018 (VFC #82600861, pp. 6-7 of 57).

b. Soil structural fill must be placed in loose lifts not to exceed 12 inches and be compacted to 95% of standard proctor maximum density and as described in Quality Assurance Manual (QAM) dated December 21, 2016 (VFC #80399269, Appendix J, pp 646 of 697) and the Response to Request for Additional Information dated August 15, 2018 (VFC #82600861, pp. 6-7 of 57).

c. Use lime kiln dust (LKD) to dry and stabilize CCR as specified in the letter document dated February 15, 2019 (VFC #82698640 pp. 40-41 of 224).

B10. The owner or operator must follow confirmation procedure for CCR and one foot soil removal as described in the Response to Request for Additional Information dated August 15, 2018 (VFC #82600861 p.10 of 57). The approximate elevation contours of the bottom of the ash placement for Secondary Ash Settling Pond are depicted on Sheet 10 titled "Approximate Bottom of Ash Contours" dated November 2016 (VFC #80399269 p.67 of 697) and Sheet 16R2 titled Engineering Cross Sections X,Y and Z dated November 2016 and revised October 2019 (VFC #82860689 p.35 of 85).

B11. The owner or operator must remove all visible CCR materials from bottom and side slope of Primary Ash Settling Pond as described in Addendum No.3 dated November 6, 2019 (VFC #82860689). The approximate elevation contours of the bottom of the ash placement for Primary Ash Settling Pond are depicted on Sheet 10 titled "Approximate Bottom of Ash Contours" dated November 2016


7



(VFC #80399269 p.67 of 697) and Sheet 15R2 titled Engineering Cross Sections Wand Sheet 16R2 titled Engineering Cross Sections X, Y and Z dated November 2016 and revised October 2019 (VFC #82860689 pp. 34 and 35 of 85).

B12. The owner or operator must construct the final cover for APS as specified in the approved plans and the following requirements. Grading and stabilization of final cover must be accomplished as described in 329 IAC 10-28-14.

a. Lined Ash Disposal Area, Ash Disposal Area #1 and Secondary Ash Settling Pond:

The final composite cover system must be constructed as specified on Sheet 12R3 titled "Proposed Grading Plan dated November 2016 and revised October 2019 (VFC #82860689 p.33 of 85) and Sheets 24R1 and 25R1 titled "Additional Details" (VFC #82860689, pp.36-37 of 85) and the following cover specifications:

1. For Lined Ash Disposal Area and Ash Disposal Area #1 except as noted for transition sections and drainage structures described in Addendum 2 of Response to Additional Information dated February 15, 2019 (VFC #82698640, pp.43-46 of 224) and depicted on Sheet 24R1 titled "Additional Details" (VFC #82860689, p.36 of 85) the final cover system extending upwards from the bottom must consist of the following:

• 30-mil PVC or 40-mil LLDPEor 60-mil HOPE geomembrane liner or equivalent installed over structural fill

• Geotextile cushion or geocomposite drainage layer • 30 inches of uncompacted cover soil • 6 inches of vegetative cover

ii. For Secondary Ash Settling Pond the owner or operator must construct the final cover/liner with the components extending upwards from the bottom:

• Soil structural fill over existing soil • Geosynthetic Clay Liner • 60-mil HOPE textured geomembrane • 16 oz/yd3 nonwoven geotextile • 12 inches No.11 crushed stone and additional of 15" of INDOT Uniform

A riprap on the side slopes

*Note: Secondary Ash Settling Pond is repurposed for the NPDES treatment unit.

b. West Ash Fill Area:

The final composite cover system for West Ash Fill Area starting from the bottom (top of existing ash) and extending upwards must consist of the following as shown on Sheet 13R2 titled Proposed Grading Plan - West Ash


8



Fill Area dated November 2016 and revised October 2019 (VFC #82860689 p.33 of 85):

• 30-mil PVC or 40-mil LLDPE or 60-mil HOPE geomembrane liner or equivalent installed over structural fill


c. Primary Ash Settling Pond:

The final cover system for Primary Ash Settling Pond must consist of the following after removal of all visible deposits of CCR material as shown on Sheet 12R4 titled Proposed Grading Plan dated July 2018 and revised October 2019 (VFC #82860689 p.32 of 85) and Detail 1 on Sheet 24R1 titled Additional Details, dated October 2019 (VFC #82860689 p.36 of 85):

• Soil structural fill • 18 inches of compacted soil layer with a hydraulic conductivity of not

greater than 1x10-5 centimeter/second • 6 inches of vegetative cover

This APS closure approval encompasses approximately 253.4 acres. This APS closure contains 221.8 acres of composite cover system, 26 acres of compacted soil cover and 5.6 acres of soil cover.

B13. The owner or operator must test and install final cover components as specified in the Quality Assurance Manual dated December 2016, Appendix J (VFC #80399269, pp 627-697 of 697) and the Response to Request for Additional Information dated August 15, 2018, Item 3 (VFC #82600861, pp. 6-7 of 57), except as otherwise noted in this approval.

B14. Upon selecting the specific materials for the composite liner system, the permittee must test the materials to verify that the interface friction angle values meet or exceed the values in the approved design. If the tests show that the interface friction values do not achieve the minimum factor of safety assumed in the approved plans, the permittee must select and test alternate materials and rerun the slope stability analysis.

B15. The owner or operator must submit a final closure certification to IDEM no later than 90 days after the completion of construction of the final cover system and establishment of vegetation, or within 90 days of receipt of this closure and postclosure plan approval for construction activities that have already been completed. The owner or operator must submit verification of environmental restrictive covenant (ERC) and deed notation to IDEM no later than 90 days after completion of all closure activities included in this approval. The final closure certification must comply with the following:

a. Meet the requirements of 40 CFR 257.102(f)(3), (g), (h), and (i), and 329 IAC 10, as applicable.


9


Page9 Approval of Modified CCR Closure/Post-Closure Plan

b. Certify the final closure constructed according to the approved closure plan and the Quality Assurance Manual.

c. A registered professional engineer must certify that the closure construction complies with the approved plans and specifications.

d. The final closure certification must include the following:

(1) The boundaries of the certified area; (2) The results of all tests conducted during construction; (3) The results of the interface friction tests and any new slope stability

analyses, if applicable; (4) Documentation of all storm water management features that have

been constructed or installed to the extent possible as designed; (5) Any deviation/changes from the approved closure plan must be

noted and explained in the report, if any; and (6) Photographic verification of the results of the visual inspections and

surveys for both the bottom of CCR material excavation and onefoot of additional soil at the Secondary Ash Settling Pond.

C. POST-CLOSURE REQUIREMENTS

C1. The owner or operator must perform 30 years of post-closure monitoring and maintenance including the activities specified in the facility updated post-closure plan dated October 24, 2019, Appendix A (VFC #82860689 pp.21-29 of 85) and the following:

a. Performance standards and post-closure duties as specified in 40 CFR 257.104 and 329 IAC 10, as applicable;

b. The 30-year post-closure period will begin when all the CCR units/areas at the facility are certified closed and IDEM accepts the certification; and

c. Monitor and maintain the closed CCR units/areas of the facility until the 30-year post-closure period begins.

C2. To be released from post-closure monitoring, the owner or operator must submit a post-closure certification statements signed by both the owner/operator and a registered professional engineer stating that the post-closure care requirements have been met and the surface impoundments are stabilized. The post-closure certification is considered adequate, unless within 90 days of receipt of the post-closure certification IDEM issues notice of deficiency of the post-closure, including actions necessary to correct the deficiency.

C3. The owner or operator must comply with facility's ERC and/or deed restriction subsequent to the completion of the post-closure care certification. The owner or operator is responsible for the following:


10



a. Correcting and controlling any nuisance conditions occurring at the facility (329 IAC 10-31-5);

b. Eliminating any threat to human health or the environment (329 IAC 10-31-6); and

c. Performing any remedial action at the facility, if necessary (329 IAC 10-31-7).

D. GROUNDWATER MONITORING REQUIREMENTS

D1. The owner or operator must comply with 329 IAC 10-9-1(c) with 40 CFR 257 (Groundwater Monitoring and Corrective Action).

D2. The owner or operator must conduct groundwater monitoring throughout the closure and the 30-year post-closure care period of the unit (40 CFR 257.104(c)). IDEM will extend the post-closure care period if the facility is under assessment monitoring until the facility returns to detection monitoring (40 CFR 257.104(c)(2)).

MONITORING DEVICES

D3. The facility's groundwater monitoring system (System) includes the following groundwater monitoring well locations:

a. Lined Ash Disposal Area Groundwater Monitoring Wells: i. MW-A21, MW-A22, and MW-A23.

b. Primary Ash Settling Pond Groundwater Monitoring Wells: i. MW-A26, MW-A27, MW-A28, and MW-A29.

c. Secondary Ash Settling Pond Groundwater Monitoring Wells: i. MW-A24, MW-A25, MW-A28, and P-104.

d. Site-Wide Groundwater Monitoring Wells (Ash Disposal Area #1): i. MW-A12, MW-A13, MW-A14, MW-A15, MW-A16, MW-A17, MW

A18, MW-A19, and MW-A20.

e. Background Groundwater Monitoring Wells: i. MW-100andMW-101.

At least 60 days before installing new monitoring devices, the owner or operator must submit a device-installation plan for IDEM approval. The plan must provide the following:

1) A map showing the location of each device with respect to the facility's entire System and a current potentiometric surface.


11



2) A demonstration that each device will yield representative groundwater samples at an appropriate location and depth within the same aquifer or aquifers as the facility's existing System, and will meet the installation requirements of 40 CFR 257.91(e).

3) Drilling methods and procedures that follow 329 IAC 10-21-4; well construction materials and details, including protocol for collecting, describing, and analyzing consolidated or unconsolidated materials (329 IAC 10-24-3(3)).

4) An example of a borehole log that includes information specified under 329 IAC 10-24-3(2).

5) Environmental qualifications of all field personnel.

6) Provisions to include the installation records in the facility operating record (40 CFR 257.91(e)(1)).

The owner or operator must submit all field documentation to IDEM within 60 days after completing all related field work.

D4. The owner or operator must label all groundwater monitoring wells with a permanent and unique identification. When reporting well information, the owner or operator must include the identification for each well.

D5. The owner or operator must secure the access ways to all groundwater monitoring wells to prevent unauthorized access and maintain the access ways so they are passable year round with the exception of flooding conditions.

D6. The owner or operator must maintain all groundwater monitoring wells as follows:

a. Complete necessary repairs, other than replacement (see Requirement D8), within 10 days after discovery or other time frame approved by IDEM.

b. Keep the wells securely capped and locked when not in use. c. Repair all cracks in and around the casings and well pads that affect the

integrity of the well. d. Control vegetation height. e. Redevelop the wells as needed.

D7. When abandoning a groundwater monitoring well that is part of the facility's approved System listed in Requirement D3, the owner or operator must:

a. Submit a written proposal for approval explaining the reasons for and detailing the method of abandonment.

b. Use methods that comply with Indiana Department of Natural Resources (IDNR) regulation 312 IAC 13-10-2.

c. Notify the IDEM Geology Section by phone, email, or letter at least 10 days before the date the abandonment work will occur.


12



d. Provide written notification of abandonment to IDEM and IDNR within 30 days after plugging is complete. (IDNR (312 IAC 13-10-2(f)) requires written notice.); and

e. Include the abandonment records in the facility operating record (40 CFR 257.91(e)(1)).

D8. The owner or operator must notify IDEM by phone, email, or letter within 10 days after discovering that a groundwater monitoring well has been destroyed or is not functioning properly. The owner or operator must repair the well if possible. If the well cannot be repaired, then within 30 days after discovery, the owner or operator must submit a proposal for abandonment or replacement.

PLANS

D9. The owner or operator must follow an IDEM approved Sampling and Analysis Plan (SAP) that meets the minimum requirements listed in 40 CFR 257.93(a) through (e), and (i). Requirement F1 specifies the submission of an SAP.

D10. The owner or operator must follow an IDEM approved Quality Assurance Project Plan (QAPiP) that meets the requirements listed in 40 CFR 257.93(a) and (b). Requirement F2 specifies the submission of a QAPjP.

D11. The owner or operator must follow an IDEM approved Statistical Evaluation Plan (StEP) that meets the minimum requirement listed in 40 CFR 257.93(f) through (h). Requirement F3 specifies the submission of a StEP.

D12. If IDEM requests a revision to an SAP, QAPjP, or StEP, the owner or operator must submit the revised plan(s) for approval. The owner or operator must submit the plan(s) within 60 days after receiving the request. This submittal must include one original paper copy and one PDF electronic file of each plan. The owner or operator must not implement the revised plan(s) before receiving approval.

D13. If the owner or operator makes design changes to the existing System listed in Requirement D3, the owner or operator must submit a revised SAP, and if applicable, a revised QAPjP or StEP for approval. The owner or operator must submit the plans within 60 days after completing all field activities associated with the design changes. This submittal must include one original paper copy and one PDF electronic file of each plan. The owner or operator must not implement the revised plan(s) before receiving approval.

MONITORING PROGRAMS

D14. The owner or operator must sample the facility's System listed in Requirement D3 semiannually during March and September of each year. Each sample must be analyzed following the Detection Monitoring Program (40 CFR 257.94) for the following Appendix Ill constituents:

a. Total Boron b. Total Calcium c. Chloride


13


d. Fluoride e. Field pH f. Sulfate g. Total Dissolved Solids


The owner or operator may demonstrate an alternative frequency of sampling for the Appendix Ill constituents following 40 CFR 257.94(d).

When applicable (see Requirement D19), each sample must be analyzed following the Assessment Monitoring Program (40 CFR 257.95) for the following Appendix IV constituents:

h. Total Antimony 1. Total Arsenic j. Total Barium k. Total Beryllium I. Total Boron m. Total Cadmium n. Total Chromium o. Total Cobalt p. Fluoride q. Total Lead r. Total Lithium s. Total Mercury t. Total Molybdenum u. Total Selenium v. Total Thallium w. Radium 226 and 228 combined

For specific metal constituents, the owner or operator may incorporate historic filtered (dissolved) results into the background data set instead of collecting a minimum of eight additional independent samples (40 CFR 257.94(c)) for the unfiltt;jred (total recoverable) metal results, if the results for the filtered metal are no greater than 20% of the relative percent difference of the unfiltered metal. The owner or operator may propose an alternative method for incorporating historic results of the specific dissolved metal into the background data set for IDEM review and approval.

Whenever results of total chromium occur at or above its background concentration or maximum contaminant level, whichever is the higher concentration, the owner or operator must speciate and report b.oth trivalent and hexavalent chromium.

D15. The owner or operator must use the results of the static water level measurements from the System listed in Requirement D3 to prepare potentiometric surface maps or groundwater flow maps that include the following information:

a. Location and identification of each groundwater monitoring well.


14


Page 14 Approval of Modified CCR Closure/Post~C!osure Plan

b. Groundwater elevations for each well and surface water elevations for the Wabash River. The owner or operator must measure all static water levels on the same day and as close in time as possible before the purging and sampling event.

c. Date and time of static water level measurement for each well. d. Ground-surface elevation at each well. e. Facility property boundaries. f. Identification of the aquifer represented, either by a name or elevation. g. Solid waste fill boundaries. h. Facility name and county. 1. Map scale, north arrow, groundwater flow direction arrows, and

potentiometric-surface contour intervals. j. Indications of which wells are considered background, upgradient, or

downgradient. k. Locations and elevations of all site benchmarks.

D16. If a groundwater flow map indicates that the groundwater flow direction, including flow reversals, is other than anticipated in the design of the System listed in Requirement D3, then the owner or operator must notify IDEM of the difference in the groundwater monitoring report submitted for Requirement D23. The notification must include either of the following: information demonstrating that the System complies with 40 CFR 257.91 (c); or a proposal to revise the System design for IDEM approval.

The owner or operator must determine if the System currently complies with 40 CFR 257.91 (c) before collecting samples for the scheduled semiannual sampling event. If a flow reversal occurs, the owner and operator may postpone with IDEM approval the scheduled semiannual sampling event in 30-day extension increments if they determine that the System does not comply with 40 CFR 257.91(c).

If the owner or operator determines a groundwater flow reversal occurred during a scheduled semiannual sampling event, then data from that sampling event must not be utilized in statistical evaluations specified in the StEP or incorporated into background groundwater quality and groundwater protection standard calculations, unless the owner or operator adequately demonstrates to IDEM that the data accurately represents established groundwater quality conditions when a flow reversal did not occur. Additionally, the owner or operator must immediately schedule a replacement sampling event in order to complete the required semiannual evaluation for groundwater releases from the facility. Within seven days of scheduling the replacement sampling event, the owner or operator must notify IDEM of the schedule.

If design changes to the existing System are necessary, then the facility must make the changes within 30 days after receiving IDEM approval of the revised design or other time frame approved by IDEM.


15



D17. Background groundwater monitoring wells (MW-100 and MW-101) must provide groundwater samples that represent historical conditions unaffected by a CCR unit or facility activities that may contribute Appendix Ill and Appendix IV constituents listed in Requirement D14 against which background comparisons occur. Additionally, for any background well added to the System listed in Requirement D3, the owner or operator must:

a. Establish background groundwater quality for the Appendix Ill and Appendix IV constituents listed in Requirement C14.

b. Determine the background groundwater quality by sampling each new well for eight independent sampling events within 12 months after the well's installation, unless the owner or operator can justify to IDEM an extended period of no more than 12 additional months.

If the owner or operator or IDEM determines that the current System (see Requirement D3) does not have the required background well(s), then within 60 days the owner or operator must submit a plan per Requirement D3 proposing to establish new or additional background wells for the current System for IDEM review and approval. This plan must include well location(s) for obtaining background groundwater quality samples that satisfy the specifications of this requirement.

D18. The owner or operator must implement the StEP identified in Requirement D11 and include the outcome of each statistical determination in a statistical evaluation report (see Requirement D23.d).

D19. The owner or operator must implement a detection monitoring program consistent with 40 CFR 257.94 and the StEP. If the owner or operator determines there is a statistically significant increase (SSI) over background for one or more of the Appendix Ill constituents listed in Requirement D14 at any of the downgradient groundwater monitoring wells, then the owner or operator must comply with one of the following requirements:

a. Demonstrate that a source other than the CCR unit caused the SSI over · background levels for a constituent, or that the SSI resulted from error in

sampling, analysis, statistical evaluation, or natural variation in groundwater quality (40 CFR 257.94(e)(2)). Within 45 days of detecting an SSI over background levels, or other time frame approved by IDEM, the owner or operator must submit the written demonstration to IDEM.

If the demonstration is approved, the owner or operator may continue with a detection monitoring program for any unit for which the demonstration was made;

b. Within 30 days of receiving notice that the demonstration is not acceptable to IDEM, submit an assessment monitoring program plan meeting the requirements of 40 CFR 257.95, which includes the Appendix IV constituents listed in Requirement D14, to IDEM for approval. Within 90 days of determining an SSI, the owner or operator must establish and implement the assessment monitoring program following 40 CFR 257.95,


16


Page 16 Approval of Modified CCR C!osure/Post~Closure Plan

which includes the Appendix IV constituents listed in Requirement D14. The owner or operator must also implement the assessment monitoring program plan after receiving approval from IDEM; or

c. If a demonstration is not pursued, the owner or operator must submit an assessment monitoring program plan specified in Requirement 19.b within 30 days of determining the SSI. Within 90 days of determining an SSI, the owner or operator must establish and implement the assessment monitoring program following 40 CFR 257.95, which includes the Appendix IV constituents listed in Requirement D14. The owner or operator must also implement the assessment monitoring program plan after receiving approval from IDEM.

D20 Within 90 days of finding that any of the Appendix IV constituents listed in Requirement D14 have been detected at a statistically significant level exceeding the groundwater protection standards (40 CFR 257.95(h)), the owner or operator must comply with one of the following requirements (40 CFR 257.95(9)(3)):

a. Complete the assessment of corrective measures as required by 40 CFR 257.96, and submit the results of the corrective measures assessment to IDEM for approval. As part of the selection of corrective measures, the owner or operator must include an evaluation of potential groundwater flow reversals on the System. The 90-day deadline to complete the assessment of corrective measures may be extended for no longer than 60 days. After receiving IDEM approval, the owner or operator must implement Requirement D21; or

b. Demonstrate that a source other than the CCR unit caused the contamination, or that the statistically significant level exceeding the groundwater protection standard resulted from error in sampling, analysis, statistical evaluation, or natural variation in groundwater quality consistent with 40 CFR 257.95(g)(3)(ii). Within 90 days of detecting a statistically significant level exceeding the groundwater protection standard, the owner or operator must complete and submit the written demonstration to IDEM for approval.

If the demonstration is approved, then the owner or operator may continue with an assessment monitoring program for any unit for which the demonstration was made.

D21. At least 30 days prior to initiating 40 CFR 257.97, the owner or operator must hold a public meeting to discuss the results of the corrective measures assessment with interested and affected parties. As soon as feasible, the owner or operator must select a remedy that, at a minimum, meets the standards listed in 40 CFR 257.97(b). The owner or operator must submit the first semiannual report describing the progress in selecting and designing the remedy (40 CFR 257.97(a)) to IDEM for review and approval. If additional semiannual progress reports are necessary, the owner or operator must submit the reports within six months of submitting the previous semiannual report. The final report for the selected remedy must, at a minimum, meet the standards listed in 40 CFR


17


Page 17 Approval of Modified CCR C!osure/Post~Closure Plan

257.97(b), utilizing the provisions specified in 40 CFR 257.97(c) and (d), and must be approved by IDEM.

D22. Within 90 days of receiving IDEM approval of the selected remedy, the owner or operator must initiate remedial activities based on the approved remedy and the standards listed in 40 CFR 257.98. The corrective action program is complete when IDEM approves the owner or operator's demonstration that concentrations of Appendix IV constituents listed in Requirement D14 have not exceeded the ground water protection standard(s) for a period of three consecutive years at all points of the plume beyond the System following 40 CFR 257.98(c).

REPORTING

D23. The owner or operator must submit a groundwater monitoring report that includes the results obtained from the implementation of Requirements D14 or D17 no later than 60 days after each groundwater monitoring event with the following exceptions:

• The owner or operator must submit radium-specific information no later than 90 days after the groundwater monitoring event.

• If the owner or operator implements a verification resampling program, then the owner or operator must submit verification resampling results no later than 30 days after the last verification event. Verification resampling is defined in the March 2009 Statistical Analysis of Groundwater Monitoring Data at RCRA Facilities (EPA 530IR-09-007).

The owner or operator must submit the report to the IDEM Solid Waste Permits Section in one unbound paper copy and in one electronic PDF file. The report must include the following:

a. One original unbound laboratory-certified report with analytical results, field parameters (see Requirement D24), field sheets, and chain-ofcustody forms. The laboratory-certified report must include the following: detection limit for each chemical constituent, date samples collected, date the laboratory received the samples, date the laboratory analyzed the samples, date the laboratory prepared the report, method of analysis the laboratory used for each constituent, sample identification number for each sample, and results of all sample analyses.

b. All information specified in Requirement D15 and a table summarizing the static water level and groundwater elevation for each well.

c. An evaluation of the groundwater quality, recent notifications of any compliance issues related to a problematic well (see Requirement D8), special field observations and procedures, and deviations from the SAP.

d. One original unbound copy of the statistical evaluation report (see Requirement D18).

The owner or operator may mail the PDF copy and electronic data file specified in Requirement D24 on a CD-ROM or DVD. The owner or operator must clearly label the PDF copy and electronic data file with the facility name and a brief description of the file. Alternatively, the owner or operator may e-mail the PDF


18



copy and electronic data file to the IDEM Solid Waste Permits Section at the address listed in Requirement A4 and carbon copy [email protected]. Theemail must include the facility name and a brief description typed in the e-mail's subject heading.

024. The owner or operator must submit one electronic data file of the analytical results and field parameters from the System (see Requirement 03) formatted as an ASCII, tab-delimited text file. The electronic data file must contain the facility's name, SW Program ID number, and the name of the analytical laboratory. Additionally, the file must include the fields listed below for the analytical results and as applicable, the following field parameters: pH, specific conductance, turbidity, temperature, well depth, depth to water, and static water elevation.

a. SamplingDate: Month, day, and year (mm/dd/yyyy). Value should be formatted as a date if possible.

b. SamplePointName: Names of groundwater monitoring wells, piezometers, leachate wells, surface water collection points, etc.

c. LaboratorySample ID: ID assigned to the sample by the laboratory. d. Sample Type: Regular, duplicate(s), trip blank(s), equipment blank(s), field

blank(s), verification re-sample(s), and replicate(s). e. SpeciesName: Chloride, sodium, ammonia, field pH, etc. The order of

constituents is not critical. However, it is best to reflect the order that is on the laboratory-data sheets and keep all field data grouped together. Metals should indicate "dissolved" phase or "total" phase. Associated static water levels do not have their own header, but must be entered as "GW Waterlevel" under the header "SpeciesName." The actual elevations must be entered under the header "Concentration."

f. Concentration (results): The entry must be a number. Please do not enter text 1 such as "NA, 11 uND," or"<."

g. ConcentrationUnits: mg/I, µg/1, standard units for pH, degrees Celsius (°C) or degrees Fahrenheit (°F) for temperature, and umhos/cm for specific conductance.

h. Detected: Yes or no. i. Detection Limit. j. AnalyticalMethods. k. EstimatedValue: Indicate "Yes" if the reported concentration is an

estimated value. If a value recorded was not estimated, enter "No." If a concentration is estimated, use the "Comment" field to explain why the concentration was estimated.

I. Comment: Analytical laboratory and/or field personnel comments regarding the reported results.

m. SampleMedium: Groundwater, leachate, surface water, etc. n. ProgramArea: Solid Waste.

Additional guidance on electronic data file submittals is available on IDEM's website at www.in.gov/idem/landquality/2369.htm or by e-mailing questions to [email protected].


19



D25. The owner or operator must retain laboratory quality assurance/quality control (QA/QC) documentation from valid analyses of groundwater samples for at least three years.

Upon IDEM request, the owner or operator must submit the laboratory QA/QC for a specified groundwater monitoring data package, in one paper copy and one electronic copy in PDF format, within 60 days after receiving the request. The "Solid & Hazardous Waste Programs, Analytical Data Deliverable Requirements: Supplemental Guidance" provides additional information about laboratory QA/QC. The guidance is available on IDEM's website at www.in.gov/idem/landquality/files/sw _resource_ data_ deliverable _reqs. pdf.

E. FINANCIAL RESPONSIBILITY FOR CLOSURE AND POST-CLOSURE

E1. The owner or operator must update and maintain a financial assurance mechanism as specified in 329 IAC 10-39 in an amount not less than the estimated costs of closure and post-closure in the approved closure and postclosure plan. The owner or operator must submit signed originals of the financial assurance mechanism and updates used to meet this requirement.

E2. The owner or operator must annually review and submit an update by June 15 addressing the following items as detailed in 329 IAC 10-39-2(c) and (d), and 329 IAC 10-39-3(c):

a. The owner or operator must adjust the closure and post-closure cost estimates for inflation.

b. The owner or operator must revise the cost estimates to account for changes which increase the cost of closure or post-closure.

c. The owner or operator may revise the cost estimates to account for changes which reduce the cost of closure or post-closure. The permittee must provide documentation supporting reduced cost-estimates, for example, letters and maps documenting areas certified as closed.

d. The owner or operator must submit an existing contour map of the approved solid waste land disposal facility that delineates the boundaries of all areas into which waste has been placed, and the boundaries of areas certified as closed. The map must be certified by a professional engineer or a registered land surveyor.

e. The owner or operator must submit documentation showing that the financial assurance mechanism is current to cover the estimated costs of closure and post-closure. The permittee must submit signed originals of the financial assurance and/or updates used to meet this requirement.


20



F. COMPLIANCE SCHEDULE REQUIREMENTS

F1. Within 60 days after receiving this IDEM Approval Letter, the owner or operator must submit a Sampling and Analysis Plan (SAP) that meets the requirements of D9. The SAP must describe sampling protocols, equipment, and methods for collecting samples to be analyzed for constituents listed in Requirements D14. The owner or operator must implement the SAP upon IDEM's written approval. The submittal must include one original paper copy and one PDF electronic file.

F2. Within 60 days after receiving this IDEM Approval Letter, the owner or operator must submit a Quality Assurance Project Plan (QAPP) that meets the requirements of D10 for the constituents listed in Requirements D14. The owner or operator must implement the QAPP upon IDEM's written approval. The submittal must include one original paper copy and one PDF electronic file.

F3. Within 60 days after receiving this IDEM Approval Letter, the owner or operator must submit a Statistical Evaluation Plan (StEP) that meets the requirements of D11. The StEP is effective upon IDEM's written approval. The submittal must include one original paper copy and one PDF electronic file.

In the StEP, the owner or operator must present the data distribution assumptions. The statistical procedures must be appropriate for the data distribution and provide a balance between the probability of falsely identifying a statistically significant difference and the probability of failing to identify a statistically significant difference. To achieve the balance, the owner or operator should consider the background sample sizes, the number of individual statistical tests performed, the number of groundwater monitoring wells, and the specific verification resampling method. The statistical procedures must account for analytical results below method detection limits.


21

Indiana Department of Environmental Management Response to Public Comments

Proposed Closure and Post-Closure Plans for the Ash Pond System located at Duke Energy's Cayuga Generating Station 83-UP-01

Documents: Closure Plan RAI #1 Response to RAI #1 Response to RAI #1 Addendum 1 RAl#2 Response to RAI #2 Addendum 2 RAl#3 Response to RAI #3 Addendum 3

Comment#1:

Date: 12.21.16 06.15.18 08.15.18 09.25.18 12.17.18 02.15.19 09.19.19 11.06.19

VFC #: 80399269 82561316 82600861 82623081 82664512 82698640 82839618 82860689

The ash lagoons at Cayuga are sitting in groundwater year-round. much of the coal ash in the Cayuga ash ponds - up to about 20 feet of ash in some places - "lie[s] beneath the perennial water table ... and ... [is] subject to both short- and long-term water-table fluctuations that are typical of large, unconfined alluvial aquifers adjacent to rivers." The water table fluctuations that saturate, dry, and then re- saturate much of the coal ash at Cayuga generate an "ongoing source" of leachate that is transported by the "large-scale" lateral flow of groundwater to the Wabash River and other parts of the sand and gravel aquifer underlying the ash ponds. Response to Comment #1: We concur that before closure activities began, the elevation of the ground water was above the bottom depth of the ash within the ash ponds at the facility. Of the units subject to the Federal CCR Regulation, Duke has removed the ash from the former Secondary Ash Settling Pond; the Lined Ash Disposal Area does not have waste in contact with the water table; Duke proposes to remove CCR material from the Primary Ash Settling Pond.

Ash Disposal Area #1 and West Ash Fill Area are not subject to the Federal CCR Regulation. Ground water monitoring program is currently being implemented as approved in the closure plan approved by IDEM on June 7, 2012 (VFC #66148598).

Comment#2: The Cayuga ash ponds also sit on top of bedrock that is likely permeable, as evidenced in part by the fact that the town of Newport, just two miles downstream, has developed drinking water wells in the same bedrock formation. If the bedrock underlying Cayuga is indeed permeable, that means that the toxic contaminants leaching into the groundwater at the site may be transported not only into the sand and gravel aquifer immediately beneath the ash ponds, but also into that underlying bedrock - spreading the pollution further down and laterally in directions Duke's groundwater model does not take into account. Response to Comment #2: 40 CFR 257.91(a)(2) Ground water monitoring sytems, the system must be installed at the waste boundary that ensures detection of ground water contamination in the uppermost aquifer.

If the CCR units detect a release above the ground water protection standards in the ground water, then, per 40 CFR 257.95(g)(1), the site must characterize nature and extent, which includes characterizing the bedrock. Following the characterization of the nature and extent, the CCR unit will continue into the corrective action program.


22

Duke Energy SW Program ID 83-UP-01

Comment#3:

Page2 Response to Public Comments

Groundwater monitoring at the site, as well as sampling of groundwater seeps pouring either directly into the Wabash River or into the cooling water discharge canal that flows into the river, reveal elevated levels of antimony, arsenic, boron, iron, manganese, selenium, and sulfate -pollutants long recognized as toxic to people, aquatic life, birds and wildlife. Boron is particularly notable because boron leaches readily from coal ash and is a recognized indicator of coal ash contamination; as such, its presence is clear evidence that the coal ash at Cayuga has been leaching. Response to Comment #3: The ground water will be monitored according to the approved ground water monitoring system included in the approved plan, the Federal CCR Rule, and IDEM ground water monitoring requirements provided in the IDEM Approval bf Modified Closure/Post-Closure Plan. Boron will be included in Appendix IV of the IDEM Partial Approval of Modified Closure/Post-Closure Plan.

The seeps are monitored by IDEM Office of Water Quality under the approved Compliance Plan (VFC #82636118).

Comment#4: Duke omits that critical background data in the Closure Plan, instead referring IDEM to "historical groundwater data" at the site. But the "historic" groundwater data from the monitoring wells surround the ash ponds does not represent background conditions. The Closure Plan itself, as well as the results of groundwater monitoring, make clear that all the wells surrounding the ash ponds, including the wells that the company cites as "upgradient" wells, have been·impacted by coal ash pollution. Duke Energy admits that, until 2015, coal-ash contaminated water flowed in all directions from the ash pond "Ash Disposal Area #1, polluting groundwater even in the "upgradient" wells. Monitoring results confirm this contamination: wells designated 'upgradient' in Duke Energy's Closure Plan have boron as high as 6.6 ppm, a concentration much higher than that found in the landfill wells that provide the best available background at the site. Response to Comments #4: IDEM's requirement for background wells of the CCR ash ponds must provide ground water samples that represent historical conditions unaffected by a CCR unit (40 CFR 257.91 (a)(1)) or facility activities that may contribute to the Appendices Ill and IV constituents of the IDEM Approval of Modified Closure/Post-Closure Plan against which background comparisons occur.

Background monitoring wells in the Proposed Modification to Existing Closure and Post- Closure Plans dated Dec 21, 2016 (VFC #80399269) are not acceptable; however all wells proposed will be ground water monitored. In Duke's "Response to Request for Additional Information, Proposed Site Closure Implementation Plan, dated August 15, 2018 (VFC #82600861 p. 20 of 57), the facility modified the ground water monitoring system to monitor each CCR unit (the Lined Ash Disposal Area, Primary Ash Setttling Pond, and the Secondary Ash Settling Pond) separately.

Specifically, IDEM will approve ground water monitoring wells MW-100 and MW-101 for each of the three ash ponds as background wells. IDEM is currently working on standard requirments for the three CCR units and these requirments will include these wells to be used as background.

Comment#5: Contaminated groundwater flowing through Duke's coal ash ponds may be polluting the aquifers from which the towns of Cayuga and Newton obtain their drinking water. A large bedrock valley underlies the Wabash River bottom land along the northeast side of the Cayuga site. Only two miles upstream, the Town of Cayuga's drinking water wells are located in a deep portion of that


23


Page 3 Response to Public Comments

valley filled with up to 100 feet of gravel. It is "entirely possible this major buried valley aquifer ... may be hydraulically connected to the CCW-impacted ground water at [Cayuga Generating Station]." Without adequate mapping and monitoring of the bedrock underlying the ash ponds, the question of where exactly ash polluted groundwater is travelling will remain unanswered. Response to Comment #5: As stated in our Response to Comment #2, if the CCR units detect a release above the ground water protection standards in the ground water, then, per 40 CFR 257.95(9)(1), the site must characterize nature and extent, which includes characterizing the bedrock. Following the characterization of the nature and extent, the CCR unit will continue into the corrective action program.

Additional mapping of the buried valley may be deemed necessary if a site enters into an assessment monitoring program.

Comment#6: There are multiple uncontrolled seeps transporting groundwater full of harmful pollutants from the Cayuga ash ponds into the iconic Wabash River. Boron, a dependable indicator of coal ash contamination, has been found in all three seeps in every quarterly sample taken since March 2013 in concentrations up to 7.4 ppm - more than double EPA's drinking water health advisory for boron. On multiple occasions, Duke's seep samples have also revealed antimony, in concentrations of up to 16 ppb - nearly 3 times EPA's drinking water standard. In addition, molybdenum was found in the seeps in concentrations exceeding EPA's drinking water health advisory in every sample taken, up to 370 ppb (more than 4 times EPA's health advisory). Response to Comment #6: Please. see our Response to Comment #3.

Comment#?: Duke Energy's coal ash impoundments at Cayuga are sitting in groundwater now, and coal ash in those impoundments will continue to sit in groundwater even if those impoundments are capped. Because much coal ash will continue to sit in groundwater if the ash ponds are closed in place, and other coal ash above it will be periodically saturated with groundwater when the water table is high, the coal ash at Cayuga will continue to leach harmful coal ash pollutants into both the groundwater and the Wabash River into which some of that groundwater flows. The coal ash at the site will remain unlined in a zone of saturation. Response to Comment #7: Please see our Response to Comment #1.

Comment#S: Serious threats of failure of the Cayuga ash impoundments will remain unaddressed if most impoundments at the site are allowed to close in place. The threat of impoundment collapse will remain because much of the capped ash will be sitting in groundwater. Response to Comment #8: Duke provided stability analyses for the impoundments in a document dated September 25, 2018 (VFC #82623081) and IDEM has evaluated the results and determined the analyses to be satisfactory.

Comment#9: Serious threats of failure of the Cayuga ash impoundments will remain unaddressed if most impoundments at the site are allowed to close in place. The outlet pipes leading out of the impoundments, which drain ash-contaminated water into other lagoons and, finally, into the


24



Wabash River. The concrete outlet pipe from the "lined ash disposal area" is cracked all the way around. The two outlet pipes from the primary ash settling basin are made of corrugated metal, are corroded, full of debris, and have water leaking into them. The company's consultants have characterized the pipes as "a significant concern for the integrity of the embankment", yet nowhere in the Closure Plan does Duke Energy address how these damaged pipes will be remediated or removed. Response to Comment #9: Duke redirected the wastewater from the ash ponds to the newly constructed, geomembrane lined Process Water Treatment Pond. The Process Wate Treatment Pond then drains into the Secondary Ash Settling Pond, which was repurposed by removing ash from the pond and reconstructing it with new liners and outlet pipes. (IDEM OLQ does not regulate industrial waste water impoundments regulated under the 327 IAC 3 and 5)

Comment #1 0: Duke Energy failed to consider cost of corrective action when evaluating cost of closure in place. The cost of decades of groundwater corrective action could make a significant difference in the total closure and post-closure cost for the Cayuga coal ash impoundments. If that cost is taken into account, is closure in place still the most cost-effective approach? Response to Comment #10: Cost of corrective action is not included in the post-closure cost maintenance. However, corrective action will be implemented as necessary. Please refer to the December 17th , 2018 letter (VFC #82664512) for additional information. The Federal CCR Regulation and IDEM rule do not require estimate of closure costs in selecting the closure method.

Comment #11: Duke Energy failed to consider alternatives to closure in place. The most protective storage of coal ash is in a dry landfill on high ground with a composite liner and leachate collection and treatment. This alternative should be evaluated for the coal ash impoundments at Cayuga. Response to Comment #11: IDEM rules do not require analysis of alternative closure options. Duke proposed to close Secondary Ash Settling Pond by removing ash. Lined Ash Disposal Area has a bottom geomembrane liner and is above water table; therefore, minimizing future human health and environmental threats. Duke also proposes to remove CCR material from the Primary Ash Settling Pond.

Comment #12: The Closure Plan does not meet the closure performance standards for closure in place, set forth at 40 C.F.R. § 257.102. The proposed Cayuga Closure Plan leaves abundant coal ash sitting in groundwater perennially and allows other coal ash to be periodically saturated by groundwater, without a liner. That will not control the post-closure infiltration of liquids into the waste, nor will it control the formation and escape of leachate. Moreover, Duke Energy did not include an analysis of different closure alternatives in the Closure Plan, and thus has not shown that its proposal limits infiltration of liquids or releases of leachate "to the maximum extent feasible." Finally, the high risk of structural failure of the ash impoundments at Cayuga means that there is a continued threat that earthen and ash dams separating the ash from the Wabash River will collapse, leading to the release of the ash itself. Response to Comment #12: Secondary Ash Settling Pond, Lined Ash Disposal Area and Primary Ash Settling Pond are subject to 40 CFR 257 (CCR rule) closure requirements. The Secondary Ash Settling Pond is closed by removal of ash from the impoundments and Lined Ash Disposal Area has a bottom


25



geomembrane liner therefore meeting closure standards of CCR rule. Duke also proposes to remove CCR material from the Primary Ash Settling Pond.

Comment #13: Before Duke Energy may install any final cover over the impoundments at Cayuga, it must comply with the CCR rule's provisions concerning "drainage and stabilization of CCR surface impoundments," "free liquids" have not been eliminated from the coal ash in the impoundments, nor does the Closure Plan provide measures to fully eliminate that groundwater (including from the bottom of the impoundments) going forward. Nor does the Closure Plan ensure that the "remaining wastes" will be "stabilized sufficient to support the final cover system." As noted above, wet coal ash is not a stable material; a final cover would be a significant risk of sagging, dislodging or cracking if the subsurface ash gave way. Response to Comment #13: Secondary Ash Settling Pond is closed by removal of ash from the impoundments. Lined Ash Disposal Area will be dewatered. Since this impoundment is geomembrane lined, the ground water infiltration into the impoundment is not a concern. Duke also proposes to remove CCR material from the Primary Ash Settling Pond. West Ash Fill Area and Ash Disposal Area #1 have been out of service, and they are subject to IDEM rule.

Comment #14: Duke Energy's Closure Plan fails to comply with the EPA CCR Rule's mandates for establishing background concentrations. Under the CCR Rule, the owner of coal ash ponds "must establish background groundwater quality in a hydraulically upgradient or background well for each of the constituents required" to be monitored, 40 C.F.R. § 257.93(d), and may not rely on groundwater that has been "affected by leakage from a CCR unit" 40 C.F.R. § 257.91 (a)(1). As discussed herein, the monitoring wells Duke Energy cites as "upgradient" from the ash ponds appear to have been impacted by coal ash contaminated groundwater, and thus may not be used to establish background. And though there are monitoring wells near the landfill portion of the Cayuga site that appear to be unaffected by the coal ash leachate, nowhere in its Closure Plan does Duke Energy indicate that it plans to rely on those upgradient landfill wells to provide background. Response to Comment#14: Please see our Response to Comment #4.

Comment#15: Closure Plan is inconsistent with the EPA CCR Rule's requirements pertaining to which constituents must be monitored. Under the EPA CCR Rule, owners of coal ash impoundments must first perform "detection monitoring" for boron, sulfate, total dissolved solids and several other constituents. 40 C.F.R. § 257.94. If any of those pollutants are found to exceed background concentrations, then "assessment monitoring" of constituents including antimony, arsenic, lead, mercury, molybdenum, and selenium, among others, must be performed. 40 C.F.R. § 257.95. Assessment monitoring must continue until concentrations of all constituents - both "detection monitoring" and "assessment monitoring" constituents - are at or below background levels. Response to Comment #15: IDEM agrees and Duke addressed this concern in its "Response to Request for Additional Information, Proposed Site Closure Implementation Plan," dated August 15, 2018 (VFC #82600861, p. 20 of 57) stating, " ... monitoring will be conducted in accordance with the requirements of 40 CFR 257 Suppart D." Additionally, the IDEM Approval of Modified Closure/Post-Closure Plan includes boron in the Appendix IV list.


26


Comment#16:


The Closure Plan does not meet the CCR Rule's mandates for corrective action if groundwater contamination is found. The Closure Plan does not ensure that contamination is addressed in the same timeline as required by the EPA CCR Rule, nor does it propose the same triggers for corrective action as are mandated by the CCR Rule. Specifically, the Closure Plan proposes to compare future contaminant concentrations in each monitoring well against existing concentrations in the same wells to determine if further remedies are required, as opposed to comparing contaminant concentrations with the applicable groundwater standards (MCLs or, if no MCL has been established, background concentrations), as required the EPA CCR Rule. Moreover, the Closure Plan does not ensure that remedies put into place by the company achieve the groundwater protection standards, as required by the EPA CCR Rule. Response to Comment #16: Please see our Response to Comment #15.

Comment #17: No surface impoundment in Indiana may be closed unless and until the associated closure plan is approved by IDEM's commissioner, and his approval is contingent on a showing that the proposed closure "is based on management practices that are protective of human health and the environment." In short, the Closure Plan does not protect either human health or the environment because it complies with neither the EPA CCR Rule nor the Indiana provisions that IDEM looks to evaluating impoundment closure plans, and, over all, because it would allow toxic coal ash constituents to pollute Indiana's groundwater and the Wabash River in perpetuity. Response to Comment #17: IDEM has reviewed the closure plan and is approving closure for the Secondary Ash Settling Pond, Lined Ash Disposal Area, and Primary Ash Settling Pond that are meeting CCR Rule requirements. IDEM also has reviewed and is approving closure for Ash Disposal Area #1 and West Ash Fill Area meeting IDEM closure requirements under 329 IAC 10.

Comment #18: The base-of-ash elevation is poorly defined in parts of the site. Boreholes that define the ash base are widely and irregularly spaced and some seem to show areas of deep ash fill in places where the original site topography was much higher, and vice-versa. A major area in the north central part of ADA 1, for example, has no borehole data regarding ash thickness or base elevation, and similar smaller areas of poor subsurface control occur throughout. The absence of data makes it rather unclear how the base-of-ash contour map (sheet 10, Modified Site Closure Plan or MSCP) was derived in these areas, other than by relying on hearsay and unfounded assumptions regarding any modifications that may have been made to the original land surface prior to ash emplacement, or by using smoothing routines in a contouring software package. It is thus likely that additional portions of the CCW will remain permanently below the water table during and after closure of the site, while still other portions of the CCW may be periodically saturated after closure due to natural rises in the water table, such as in response to high stages in the adjacent river. Response to Comment #18: Lined Ash Disposal Area is located in the north central area on top of the existing Ash Disposal Area 1, therefore no borings were performed in that area due to the presence of geomembrane liner that separates top surface of Ash Disposal Area 1 and Lined Ash Disposal Area.

The ground water monitoring system is designed to determine whether the ash is contaminating ground water, even if the base of the ash is estimated.


27


Comment #19:


No appreciable monitoring of groundwater quality in the bedrock appears to have been performed at or adjacent to the site, despite the general abundance of wells in the region developed in bedrock aquifers. Without additional detailed subsurface exploration and hydrogeologic and geochemical mapping in targeted areas, informed by empirical observations of subsurface geologic conditions and groundwater quality at the site and surrounding areas, the MSCP cannot reliably forecast future solute paths and concentrations. Response to Comment #19: IDEM agrees, however, Duke's ground water monitoring system is designed to monitor the uppermost aquifer, which is required in 40 CFR 257.91(a).

Comment #20: It is unclear what constitutes the actual "conceptual site model" that is obliquely referred to at a number of places in the MSCP, but never quite identified or presented on its own terms in a clear narrative. Is it the Beljin & Associates (2011) ground-water model? Or is it the large compendium of raw, but largely uninterpreted borehole logs and other geologic and groundwater data appended to the plan? Response to Comment #20: IDEM Geology has not yet found the term "Conceptual Site Model" used in the Proposed Modification to Existing Closure and Post-Closure Plans dated Dec 16, 2016 (VFC #80399269), however, if it was used, then we default to the compendium of borehole logs and ground water data. Typically, IDEM does not request modeling as in the Cayuga Ash Pond System closure post -closure plan Appendix E 2011 Caygua Generating Station Ground Water Model, Belgin report dated November 30, 2011 (VFC #64382637). It is a tool that may shed some light on solute transport and due to many variables in data input and assumptions may not be reliable.

Comment #21: No attempt appears to have been made to define the heterogeneity and anisotropy so clearly present in the principal (outwash) aquifer at the site: in addition to some trends in grain size distribution evident in the boring logs and lab analyses, the hydraulic conductivity data seem to define distinct spatial domains within the aquifer that very likely play a strong role in groundwater flow patterns and contaminant migration. Instead, the MSCP and (with the exception of a lower vertical hydraulic conductivity parameter) the groundwater model it is based on treat the aquifer as a monolithic entity. There are not even basic maps showing variations in the distribution, thickness, elevation, and saturated thickness of the outwash aquifer on site, something that seems essential to an effective conceptual site model, much less a reliably predictive groundwater flow model. Response to Comment #21: In the Proposed Modification to Existing Closure and Post-Closure Plans dated Dec 16, 2016 (VFC #80399269, pp. 3-697 of 697), the heterogeneity and anistrophy does exist in the section's soil lithology along with the 11 different short hydrogeologic summaries (pp. 17-22 of 697), Table 2A Summary of Soil Laboratory Test Results (p. 37 of 697), as well as Page 15 of 697 and Table 1 (p. 36 of 697). The basic maps are Figure 1: Bedrock Surface Elevation Map (p. 47 of 697) and Appendix A: Geologic Cross-Sections (Sheet 7-9, pp. 64-66 of 697) with marked ground water elevations. Based on historical ground water flow maps, including Figure 2 Water Level Map dated June 2, 2016 (p. 48 of 697), water flow direction is strongly towards the Wabash River with approximately up to nine feet of head between the upgradient side of the CCR units and the downgradient monitoring wells.


28


Comment #22:


There is no mention of the crucial role bedrock topography likely plays in controlling the architecture of the overlying outwash aquifer, nor the relative elevations of the (presumably "impermeable", according to Beljin & Associates, 2011) bedrock surface and the water table below different parts of the site and the influence this almost certainly has on local groundwater flow directions, locations of seeps, and contaminant transport in the outwash aquifer. Instead, the bedrock surface elevation map shown in Figure 1 of the MSCP, and the 25-30 feet of bedrock relief it depicts, are presented without comment. The map also is rather rudimentary in that it is limited to the immediate confines of the impoundments, omits the key seepage area along the river in the northern part of the Cayuga property, and does not reflect all of the relevant borehole and outcrop data available on and immediately around the site. Response to Comment #22: Typically, bedrock maps do not come with the aforementioned data; however, the location of seeps would be beneficial. The bedrock map Figure 1 Bedrock Surface Elevation Map shows the greatest elevation change being between bore hole log B-18 and B-9 at 23.8 feet and located approximmately 1500 hundred feet to the north beyond the limits of the Lined Ash Disposal Pond. The bedrock does not show as much relief under the three CCR units varying and undulating between five and ten feet.

Comment #23: The transient groundwater flow model has too many limitations to provide predictive reliability in such a complex, heterogeneous site at the fine-grained scale it is currently being applied to. This is true of nearly all groundwater models. The model needs to be used within its limits, that is, to serve as one tool within the broader conceptual site model, not as a substitute for the conceptual model itself or critical geologic thinking and problem solving. All groundwater models are wrong; some are useful. Response to Comment #23: IDEM reviews the data put in models to assess the model's validity.

Comment #24: Water quality in the fractured bedrock aquifer system underlying the site must be investigated to determine the presence and extent of any CCR-related contamination. It is not reasonable to assume the groundwater flow system stops at the bedrock surface when there is so much local evidence to the contrary. Response to Comment #24: Please see Response to Comment #2.

Comment #25: A denser monitoring well network is needed to provide better detection and plume characterization, especially: a) along the northwest side of the site where contamination not explained by the conceptual site model has been observed in MW-A19, and b) beneath the central parts of the impoundments themselves, where no groundwater level or quality data are currently available. The sampling frequency should be increased to at least quarterly, matching that used at the seeps and to accelerate the response time to exceedances. Response to Comment #25: IDEM has determined that the ground water monitoring well system is adequate for the detection ground water monitoring program re;quired under 40 CFR 257.94.


29


Comment #26:


One or both of the upgradient monitoring wells (MW-100 or MW-101) at the onsite restricted waste landfill should be used as the benchmark for upgradient, background water quality. None of the existing monitoring wells around the impoundments are truly "upgradient". Response to Comment #26: IDEM agrees, please see our Response to Comment #4.


30


Additional Comments


Supplemental Comments on the Cayuga Generating Station Ash Pond System Approval of Modified Closure/Post-Closure Plan (Comments) dated May 24, 2019 (VFC #82781680) were submitted to IDEM. The Comments essentially agree with IDEM's assertion that coal combustion residuals (CCR) must be separated from ground water to the maximum extent feasible to satisfy the closure performance standard under 40 CFR 257.102(d). IDEM received the Comments from Citizens Action Coalition, Hoosier Environmental Council, and Earthjustice. The Comments supplement previously submitted public comments dated July 24, 2017 (VFC #80500200). IDEM sent Duke Energy Indiana (DEi) a supplemental Request for Additional Information (RAl2) dated December 17, 2018 (VFC #82664512). DEi responded to IDEM's RAJ with a letter dated February 15, 2019 (VFC #82698640). The Comments address items from DEi's February 2019 letter.

Comment #27: The coal ash impoundments at Cayuga Generating Station sit below the water table and will continue to contaminate groundwater indefinitely if left in place. Response to Comment #27: Please refer to Comment #1 response.

Comment #28: Duke Energy's argument that closure by removal is not "feasible" after groundwater has been contaminated is belied by statements by EPA and Duke and Duke's conduct Response to Comment #28: Even where closure by removal of CCR is feasible, the CCR rule does not mandate selection of that closure option. The owner or operator of a CCR surface impoundment may elect to leave CCR in place as long as the owner or operator satisfies the closure performance standard at 40 CFR 257.102(d).


31

NOTICE OF DECISION

The Indiana Department of Environmental Management (IDEM) made a decision on the closure and postclosure plans for the Duke Cayuga Generating Station Ash Pond System (Duke Cayuga) located at 3300 North State Road 63, Cayuga, Vermillion County (SW Program ID 83-UP-01). This decision approves the closure of a portion of the coal combustion residual (CCR) surface impoundments at the facility, and it allows CCR to be permanently disposed of at Duke Cayuga. The approved closure and post-closure plans are available for review at:

Newport - Vermillion County Public Library, 385 East Market Street, PO Box 100, Newport, 47996-0097

The final decision is also available online via IDEM's Virtual File Cabinet (VFC). Please go to: http://vfc.idem.in.gov/. You can search there for approval documents using a variety of criteria.

APPEAL PROCEDURES

If you wish to challenge this decision, IC 13-15-6-1 and IC 4-21.5-3-7 require that you file a Petition for Administrative Review. If you seek to have the effectiveness of the permit stayed during the Administrative Review, you must also file a Petition for Stay. The Petition(s) must be submitted to the Office of Environmental Adjudication (OEA) at the following address within 15 days of the date of newspaper publication of this Notice:

Office of Environmental Adjudication Indiana Government Center North, Room N103 100 North Senate Avenue Indianapolis, IN 46204

The Petition(s) must include facts demonstrating that you are either the applicant, a person aggrieved or adversely affected by the decision, or otherwise entitled to review by law. Identifying the permit, decision, or other order for which you seek review by permit number, name of the applicant, location, or date of this notice will expedite review of the petition. Additionally, IC 13-15-6-2 and 315 IAC 1-3-2 require that your Petition include:

1. the name, address, and telephone number of the person making the request; 2. the interest of the person making the request; 3. identification of any persons represented by the person making the request; 4. the reasons, with particularity, for the request; 5. the issues, with particularity, for the request; 6. identification of the terms and conditions which, in the judgment of the person making the

request, would be appropriate in the case in question to satisfy the requirements of the law governing documents of the type granted or denied by the Commissioner's action; and

7. a copy of the pertinent portions of the permit, decision, or other order for which you seek review, at a minimum, the portion of the Commissioner's action that identifies the person to whom the action is directed and the identification number of the action.

Pursuant to IC 4-21.5-3-1(1), any document serving as a petition for review or review and stay must be filed with the OEA. Filing of such a document is complete on the earliest of the following dates:

1. the date on which the petition is delivered to the OEA; 2. the date of the postmark on the envelope containing the petition, if the petition is mailed to the

OEA by United States mail; or 3. the date on which the petition is deposited with a private carrier, as shown by a receipt issued

by the carrier, if the petition is sent to the OEA by private carrier. In order to assist permit staff in tracking any appeals of the decision, please provide a copy of your petition to Anna Mishel, IDEM, Solid Waste Permits, IGCN 1154, 100 North Senate Ave., Indianapolis, IN 46204-2251.

The OEA will provide you with notice of any pre-hearing conferences, preliminary hearings, hearings, stays, or orders regarding this decision if you submit a written request to the OEA. If you do not provide a written request to the OEA, you will no longer be notified of any proceedings pertaining to this decision.

More information on the review process is available at the website for the Office of Environmental Adjudication at http://www.in.gov/oea ..


32


100 N. Senate Avenue• Indianapolis, lN 46204

(800) 451-6027 • (317) 232-8603 • www.idem.lN.gov

Eric J. Holcomb Governor

Bruno L. Pigott Commissioner

What if you are not satisfied with this decision and you want to file an appeal?

Who may file an appeal? The decision described in the accompanying Notice of Decision may be administratively appealed. Filing an appeal is formally known as filing a "Petition for Administrative Review" to request an "administrative hearing".

If you object to this decision issued by the Indiana Department of Environmental Management (IDEM) and are: 1) the person to whom the decision was directed, 2) a party specified by law as being eligible to appeal, or 3) aggrieved or adversely affected by the decision, you are entitled to file an appeal. (An aggrieved and adversely affected person is one who would be considered by the court to be negatively impacted by the decision. If you file an appeal because you feel that you are aggrieved, it will be up to you to demonstrate in your appeal how you are directly impacted in a negative way by the decision).

The Indiana Office of Environmental Adjudication (OEA) was established by state law -see Indiana Code (IC) 4-21.5-7 - and is a separate state agency independent of IDEM. The jurisdiction of the OEA is limited to the review of environmental pollution concerns or any alleged technical or legal deficiencies associated with the IDEM decision making process. Once your request has been received by OEA, your appeal may be considered by an Environmental Law Judge.

What is required of persons filing an appeal? Filing an appeal is a legal proceeding, so it is suggested that you consult with an attorney. Your request for an appeal must include your name and address and identify your interest in the decision (or, if you are representing someone else, his or her name and address and their interest in the decision). In addition, please include a photocopy of the accompanying Notice of Decision or list the permit number and name of the applicant, or responsible party, in your letter.

Before a hearing is granted, you must identify the reason for the appeal request and the issues proposed for consideration at the hearing. You also must identify the permit terms and conditions that, in your judgment, would appropriately satisfy the requirements of law with respect to the IDEM decision being appealed. That is, you must suggest an alternative to the language in the permit (or other order, or decision) being appealed, and your suggested changes must be consistent with all applicable laws (See Indiana Code 13-15-6-2) and rules (See Title 315 of the Indiana Administrative Code, or 315 IAC).

0 A State that~

Filing an appeal Page 1


33

The effective date of this agency action is stated on the accompanying Notice of Decision (or other IDEM decision notice). If you file a "Petition for Administrative Review" (appeal), you may wish to specifically request that the action be "stayed" (temporarily halted) because most appeals do not allow for an automatic "stay". If, after an evidentiary hearing, a "stay" is granted, the IDEM-approved action may be halted altogether, or only allowed to continue in part, until a final decision has been made regarding the appeal. However, if the action is not "stayed" the IDEM-approved activity will be allowed to continue during the appeal process.

Where can you file an appeal? If you wish to file an appeal, you must do so in writing. There are no standard forms to fill out and submit, so you must state your case in a letter (called a petition for administrative review) to the Indiana Office of Environmental Adjudication (OEA). Do not send the original copy of your appeal request to IDEM. Instead, send or deliver your letter to:

The Indiana Office of Environmental Adjudication 100 North Senate Avenue, Room N103 Indianapolis, IN 46204

If you file an appeal, also please send a copy of your appeal letter to the IDEM contact person identified in the Notice of Decision, and to the applicant (person receiving an IDEM permit, or other approval).

Your appeal (petition for administrative review) must be received by the Office of Environmental Adjudication in a timely manner. The due date for filing an appeal may be given, or the method for calculating it explained, on the accompanying Notice of Decision (NOD). Generally appeals must be filed within 18 days of the mailing date of the NOD. To ensure that you meet this filing requirement, your appeal request must be: 1) Delivered in person to OEA, by the close-of-business on the eighteenth day (if the 18th

day falls on a day when the Office of Environmental Adjudication (OEA) is closed for the weekend or for a state holiday, then your petition will be accepted on the next business day on which OEA is open), or

2) Given to a private carrier who will deliver it to the OEA on your behalf, (and from whom you must obtain a receipt dated on or before the 18th day), or

3) For those appeal requests sent by U.S. Mail, your letter must be postmarked by no later than midnight of the 18th day, or

4) Faxed to the OEA at (317) 233-9372 before the close-of-business on the 18th day, provided that the original signed "Petition for Administrative Review" is also sent, or delivered, to the OEA in a timely manner.

What are the costs associated with filing an appeal? The OEA does not charge a fee for filing documents for an administrative review or for the use of its hearing facilities. However, OEA does charge a fifteen cent ($.15) per page fee for copies of any documents you may request. Another cost that could be associated with Your appeal would be for attorney's fees. Although you have the option to act as your own

0 A State that~



34

Attorney, the administrative review and associated hearing are complex legal proceedings; therefore, you should consider whether your interests would be better represented by an experienced attorney.

What can you expect from the Office of Environmental Adjudication (OEA) after you file for an appeal? The OEA will provide you with notice of any prehearing conference, preliminary hearings, hearings, "stays," or orders disposing of the review of this decision. In addition, you may contact the OEA by phone at (317) 233-0850 with any scheduling questions. However, technical questions should be directed to the IDEM contact person listed on the Notice of Decision.

Do not expect to discuss details of your case with OEA other than in a formal setting such as a prehearing conference, a formal hearing, or a settlement conference. The OEA is not allowed to discuss a case without all side being present. All parties to the proceeding are expected to appear at the initial prehearing conference.

0 A State that~



35




(BOO) 451-6027 • (317) 232-8603 • WWW.idem.IN.gov

January 17 1 2020

Newport - Vermillion County Public Library 385 East Market Street, PO Box 100 Newport, Indiana 47996-0097


Re: Documents for Public View

Dear Sir/Madam:

A copy of a permit decision for the Duke Cayuga Generating Station is enclosed. Also enclosed is a copy of the public notice announcing this permit decision and indicating the documents' availability at your library. This public notice will appear in a

_ local newspaper soon. Please make these documents available to the public for the -next 20 days since this permit can be appealed.

Please date and sign the enclosed verification of receipt form and mail it to our office in the envelope provided.

If you have any questions or comments about the permit notice, please contact me by dialing (317) 233-6725 or by e-mail at [email protected].

Enclosures: Notice of Decision Permit Letter Verification of Receipt Form Agency Addressed Envelope

Anna Mishel Solid Waste Permits Section Office of Land Quality

cc with enclosures: Vermillion County Health Department Vermillion County Commissioners Vermillion Solid Waste Management District President, Plainfield Town Council

An Equal Opportunity Employer 0 A State that Works --

@ Recycled Paper


36

Poe, Diane L

From: Sent: To: Subject: Attachments:

Poe, Diane l Friday, January 17, 2020 1:37 PM '[email protected]' Duke Cayuga Generating Station Approval of Modified Closure Plan Cayuga Closure NOD only.docx

To Whom It May Concern:

Please insert for one time only the enclosed legal notice, in The Tribune-Star, on Tuesday, January 21, 2020 (or earliest possible date).

If there is an additional charge to post this notice on your web site, please DO NOT post.

Starting January 2019, we are asking all newspapers to provide us an estimated invoice prior to publishing this notice. You may email

it to my attention. Please include Account Number 100174737 on all billing correspondence.

As we understand it, you will provide us with a notarized form (publishers claim) and clippings showing the date on which the advertisement appeared in your paper. This information should be mailed to Diane Poe at the following address:

[email protected] or

Indiana Department of Environmental Management Office of Land Quality Permits Branch IGCN Room 1101 100 North Senate Avenue Indianapolis, Indiana 46204-2251

Please contact Diane Poe at (317) 232-4473 or [email protected] or Anna Mishel at (317) 233-6725 or [email protected] if you have any questions. Thank you for your cooperation.

Diane Poe, Administrative Assistant Permits Branch I Office of Land Quality

Indiana Department of Environmental Management

(317) 232-4473 I [email protected]

1

PETITIONER'S EXHIBIT 2-B IS CONFIDENTIAL

Petitioner's Exhibit 2-C (TJT) IURC Cause No. 45253 S1

1


Eric J. Holcomb Govemo,.


Dear Mr. Schwartz:

100 N. Senate Avenue• Indianapolis, IN 46204

(800) 451-6027 • (317) 232-8603 • WWW.idem.IN.go

December 10. 2019

Re: Partial Approval of Closure/Post-Closure Plan


Duke Gallagher Generating Station Ash Pond System Floyd County SW Program ID 22-UP-01

Duke Energy's coal combustion residuals (CCR) surface impoundment closure and post-closure plan for Duke Energy Gallagher Generating Station Ash Pond System (APS) consisting of North Ash Pond, Primary Pond Ash Fill Area, Ash Pond A, Secondary Settling Pond, and Coal Pile Ash Fill Area is approved under 329 IAC 10-9-1(c), which incorporates portions of 40 CFR 257, Subpart D (CCR regulation). This approval is subject to the terms of this letter, the closure and post-closure plans referenced in this document, and the enclosed requirements. The APS is located at the Gallagher Generating Station, New Albany, Floyd County, Indiana.

Please note this approval does not include the closure of Primary Pond located between North Ash Pond and Primary Pond Ash Fill. IDEM is continuing to evaluate proposed closure activities for Primary Pond, and any decisions related to the closure of Primary Pond will be addressed under separate cover.

The APS closure approval encompasses approximately 98. 7 acres and includes five ponds: North Ash Pond (39.9 acres), Primary Pond Ash Fill Area (7.5 acres), Ash Pond A (36 acres), Secondary Settling Pond (4.2 acres), and Coal Pile Ash Fill Area (11.1 acres). The closure plan for Ash Pond B was approved in the Restricted Waste Site Type I facility (Solid Waste Program ID 22-01) minor modification dated November 1, 2016 (VFC #80374625). Upon completing closure, these ponds will be subject to post-closure requirements.

Public records for your facility are available in IDEM's Virtual File Cabinet at www.in.gov/idem. Documents related to this approval include the closure and post-


@ Recycled Paper


2


Page 2 Partial Approval of Closure/Post~Closure Plan

closure plan application date December 21, 2016 (VFC #80398571), and additional information received on August 15, 2018 (VFC #82600863); September 27, 2018 (VFC #82626852); and February 15, 2019 (VFC #82698641).

You can review the Indiana Code (IC) and the Indiana Administrative Code (IAC) references in this document at iga.lN.gov. IC references are under the "Laws" link; IAC references are under the "Publications" link.


If you wish to appeal this decision, you must file a request for administrative review with the Office of Environmental Adjudication within 18 days after the postmark of this letter. The enclosed guidance provides information on the appeal process and your rights and responsibilities for filing an adequate and timely appeal.

If you have any questions, please contact Anna Mishel, the Permit Manager assigned this facility, by dialing (317) 233-6725 or by email at [email protected]

Enclosure: Permit Requirements

Sincerely,



cc with enclosure: Floyd County Health Department Floyd County Commissioners Floyd County Solid Waste Management District Director, Southeast IDEM Regional Office


3


REQUIREMENTS




D. Ground Water Monitoring Requirements

Page 3 Partial Approval of Closure/Post-Closure Plan

E. Financial Responsibility for Closure and Post-Closure



4


Page4 Partial Approval of Closure/Post-Closure Plan


A 1. The owner or operator must close and maintain the Ash Pond System (APS) as described in the approved plans and specifications in the document titled "Closure and Post-Closure Plan," dated December 21, 2016 (VFC #80398571), the following subsequent submittals, and the requirements of this approval:

a. Document dated August 15, 2018 (VFC #82600863), Response to Request for Additional Information (RAI);

b. Document dated September 27, 2018 (VFC #82626852), Addendum 1 to RAI response; and

c. Document dated February 15, 2019 (VFC #82698641 ), Addendum 2 to RAI response.


The owner or operator must submit a written report to the Solid Waste Permits Section at the address given in Requirement A3 within five business days after the event. The report must describe the event, and actions taken or planned to correct the event and prevent its recurrence.


Indiana Department of Environmental Management Office of Land Quality Solid Waste Permits IGCN 1101 100 North Senate Avenue Indianapolis, IN 46204-2251

Please provide three copies printed double-sided. An electronic copy in Acrobat PDF format on CD or DVD in place of one of the printed copies is appreciated, but not required.

A4. Records of all monitoring information and activities which are required to be submitted by this approval or specified in the closure or post-closure plan, must contain information listed in 329 IAC 10-1-4(a). Records must be maintained as specified in 40 CFR 257.105 and 329 IAC 10-1-4(b) and (c).



5


Page 5 Partial Approval of Closure/Post-C!osure Plan

B. CLOSURE REQUIREMENTS

B1. The owner or operator must follow the approved closure and post-closure plans and specifications for closure and post-closure of the APS, consisting of Ash Pond A, Secondary Settling Pond, North Ash Pond, Primary Pond Ash Fill Area, and Coal Pile Ash Fill Area, in the documentation dated December 21, 2016 (VFC #80398571) and the following submittals:

a. Document dated August 15, 2018 (VFC #82600863); b. Document dated September 27, 2018 (VFC #82626852); and c. Document dated February 15, 2019 (VFC #82698641).

B2. The following methods of closure are approved for Gallagher APS:

• North Ash Pond - closure in place and is subject to 329 IAC 10-3-1 (9). • Primary Pond Ash Fill Area - closure in place and is subject to 329 IAC

10-3-1 (9). • Ash Pond A - closure by removal of CCR material and one additional foot

of underlying soil. This pond is subject to 329 IAC 10-3-1(9) and 329 IAC 10-9-1(c) with 40 CFR 257.

• Secondary Settling Pond - closure in place with removal of only CCR material. This pond is subject to 329 IAC 10-3-1(9) and 329 IAC 10-9-1(c) with 40 CFR 257.

• Coal Pile Ash Fill Area - closure by removal of CCR material and one additional foot of underlying soil. This pond is subject to 329 IAC 10-3-1 (9). Upon removal of CCR material and one foot of underlying soil, this pond will be re-purposed to serve as a geomembrane lined (nonCCR) pond to store leachate and industrial storm water from the permitted Restricted Waste Site (RWS) Type 1 landfill and other runoff from the Gallagher Station.

B3. The owner or operator must notify IDEM in writing at least 15 days before the intended date to begin construction of the cover system for each area of the APS.

B4. The owner or operator must follow the schedule included in the closure and postclosure plans to complete the preparation activities and final closure of the APS.


a. Maintain drainage ditches and the sedimentation basin to prevent off-site deposition of waste and sediment. Remove sediment deposits from drainage ditches as necessary to properly convey storm water.



6



B6. The owner or operator must properly dispose of water that has been in contact with waste in accordance with all applicable local, state, and federal laws (329 IAC 10-28-16 and IC 13-30-2-1).

B7. The owner or operator must perform inspections of the APS until completion of the final closure as described in 40 CFR 257.83 (Inspection Requirement for CCR Surface Impoundments) and requirements of this approval.

B8. The owner or operator must adopt measures that will effectively minimize coal combustion residual becoming airborne, including waste that generates fugitive dust (40 CFR 257.80) and fugitive particulate matter in a way that does not violate the rule for fugitive dust (326 IAC 6-4) or fugitive particulate matter (326 IAC 6-5), including 326 IAC 6-5-4(g) for solid waste handling control measures (329 IAC 10-8.2-2). The owner or operator must implement dust control measures as specified in the facility CCR Fugitive Dust Control Plan dated October 9, 2015 (VFC #82760296), and take any additional steps necessary to prevent violations of fugitive dust rules and 40 CFR 257.80.

B9. The owner or operator must follow confirmation procedure for removal of CCR and one additional foot of underlying soil as described in the document dated August 15, 2018 (VFC #82600863, pp. 5-6 of 126). The approximate elevation contours of the bottom of the ash placement for Ash Pond A and Coal Pile Ash Fill Area are depicted on drawings titled "Sheet 10, Approximate Bottom of Ash Contours" and "Sheet 14, Engineering Cross Sections X,Y and Z," dated November 2016 (VFC #80398571 p. 76 of 795).

B10. The owner or operator must construct soil and CCR structural fill as follows:

a. Place CCR structural fill, at an elevation within five feet of final cover subgrade (top of CCR before placement of final cover) in loose lifts not to exceed 12 inches and be compacted to at least 85% of the standard proctor maximum dry density and as described in the document dated August 15, 2018, (VFC #82600863, pp. 6-7 of 126).

b. Soil structural fill must be placed in loose lifts not to exceed 12 inches and be compacted to 95% of standard proctor maximum density and as described in Quality Assurance Manual (QAM) dated December 21, 2016 (VFC #80398571, Appendix J, pp 744-747 of 795), and the document dated August 15, 2018 (VFC #82600863, pp. 6-7 of 126).

c. Use lime kiln dust (LKD) to dry and stabilize CCR as specified in the letter dated May 24, 2018 (VFC #82548275), and documentation dated December 21, 2018 (VFC #82668838), and revised April 5, 2019 (VFC #827 46626).

B11. The owner or operator must construct the final cover for APS as specified in the approved plans and the following requirements. Grading and stabilization of final cover must be accomplished as described in 329 IAC 10-28-14.


7



a.

b.

North Ash Pond, Primary Pond Ash Fill Area and Ash Pond A:

The owner or operator must construct the final cover as specified on drawing titled "Sheet 18R1, Details," dated January 2019 (VFC #82698641, p. 7 4 of 157), and the following cover specifications:

i. For North Pond and Primary Pond Ash Fill Area, except for the access road, the final cover system extending upwards from the bottom must consist of the following:

• 30-mil PVC or 40-mil LLDPE or 60-mil HOPE geomembrane liner or equivalent installed over structural fill


ii. For Ash Pond A, the final cover system must consist of the following components extending upwards:

• 18 inches of soil layer • 6 inches of vegetative cover

Coal Pile Ash Fill Area:

The owner or operator must construct the final cover as specified on drawings titled "Sheet B, Final Cover Grading Plan, Industrial Stormwater Pond System" and "Sheet F, Details," dated June 2018 (VFC #82600863 p. 28 and 32 respectively, of 126), and the following cover components extending upwards from the bottom:

• Soil structural fill over existing soil (after removal of CCR and one foot of underlying soil)

• Geosynthetic Clay Liner • 60-mil HOPE textures geomembrane • 16 ounce/square yard nonwoven geotextile • 12 inches of No.8 crushed stone

The Coal Pile Ash Fill Area is repurposed as a non-CCR pond for the collection of landfill leachate and industrial storm water.

c. Secondary Settling Pond:

The owner or operator must construct the final cover as specified on drawings titled "Sheets GLS_C901.002.09, and GLS_C901.002.010, Divider Dike Improvements Plan," dated December 23, 2015 (VFC #80398571 pp.82-83 of 795), and the following cover components extending upwards from the bottom:


8



• Compacted soil structural fill • 18 inches of compacted soil layer with a hydraulic conductivity of

not greater than 1x10-5 centimeter/second • 6 inches of vegetative cover

This APS closure contains 47.4 acres of composite cover system with a geomembrane and 51.3 acres of soil cover system.

B12. The owner or operator must test and install final cover components as specified in the Quality Assurance Manual dated December 21, 2016 (VFC #80398571, Appendix J, pp 726-795 of 795), and the document dated August 15, 2018 (VFC #82600863, Appendix C, pp. 61-64 of 126), except as otherwise noted in this approval.

B13. Upon selecting the specific materials for the composite liner system, the permittee must test the materials to verify that the interface friction values meet or exceed the values in the approved design. If the tests show that the interface friction values do not achieve the minimum factor of safety assumed in the approved plans, the permittee must select and test alternate materials and rerun the slope stability analysis.

B14. The owner or operator must submit a final closure certification to IDEM no later than 90 days after completion of construction of the final cover system and establishment of vegetation or within 90 days of receipt of this closure and postclosure plan approval for closure construction activities that have already been completed. The owner or operator must submit verification of environmental restrictive covenant (ERG) and deed notation to IDEM no later than 90 days after completion of all closure activities included in this approval. The final closure certification must comply with the following:


b. Certify the final closure constructed according to the approved closure plan and the Quality Assurance Manual.

c. A registered professional engineer must certify that the closure construction complies with the approved plans and specifications.


( 1) The boundaries of the certified area; (2) The results of all tests conducted during construction; (3) The results of the interface friction tests and any new slope stability

analyses, if applicable; (4) Documentation of all storm water management features that have

been constructed or installed to the extent possible as designed; (5) Any deviation/changes from the approved closure plan must be


9

Duke Energy Page 9 SW Program ID 22-UP-01 Partial Approval of Closure/Post-Closure Plan

noted and explained in the report, if any; and (6) Surveys and photographic verification for both the bottom of

CCR material excavation and one-foot of additional soil.


C1. The owner or operator must perform a minimum of 30 years of post-closure monitoring and maintenance including the activities specified in the facility's revised post-closure plan dated February 15, 2019, (VFC #82698641, Appendix D, pp.149-157 of 157), and the following:

a. Performance standards and post-closure duties as specified in 40 CFR 257 .104 and 329 !AC 10, as applicable;

b. The 30-year post-closure period will begin when the all the CCR units/areas at the facility are certified closed and IDEM accepts the certifications; and


C2. To be released from post-closure monitoring, the owner or operator must submit a post-closure certification statements signed by both the owner/operator and a registered professional engineer stating that the post-closure care requirements have been met and the surface impoundments are stabilized. The post-closure certification is considered adequate, unless within 90 days of receipt of the post-closure certification IDEM issues notice of deficiency of the post-closure, including actions necessary to correct the deficiency.

C3. The owner or operator must comply with facility's ERC and/or deed restriction subsequent to the completion of the post-closure care certification. The owner or operator is responsible for the following:

a. Correcting and controlling any nuisance conditions occurring at the facility (329 !AC 10-31-5);

b. Eliminating any threat to human health or the environment (329 !AC 10-31-6); and

c. Performing any remedial action at the facility, if necessary (329 !AC 10-31-7).


10



D. GROUND WATER MONITORING REQUIREMENTS

01. The owner or operator must comply with 329 IAC 10-9-1 (c) and 40 CFR 257 (Ground Water Monitoring and Corrective Action).

02. The owner or operator must conduct ground water monitoring throughout the closure and the 30-year post-closure care period of the unit (40 CFR 257.104(c)). IDEM will extend the post-closure care period if the facility is under assessment monitoring until the facility returns to detection monitoring (40 CFR 257.104(c)(2)).

MONITORING DEVICES

03. The facility's ground water monitoring system (System) includes the ground water monitoring wells and piezometers specified in Requirements O3.a, b, and c as depicted on Plan Sheet 19 of the Response to Request for Additional Information and Addendum No. 2 Proposed Site Closure Implementation Plan dated February 15, 2019 (VFC #82698641, page 75 of 157).

a. Until the owner or operator completes the changes identified in Requirement O3.b, the facility's interim System of ground water monitoring wells includes: MW-A301, MW-A302, MW-A303, MW-A304, MW-A305, MW-A307, MW-A308, MW-A309, MW-A312, MW-A313, MW-A314, MWA315R, MW-A317, MW-A319, and MW-A321. MW-A315R is the current background well.

As the owner or operator installs ground water monitoring wells during implementation of Requirements F4 and F5, the owner or operator must include each new well in the interim System until the facility satisfies replacement of the interim System as described in Requirement O3.b.

b. At the completion of all well installations specified in Requirements F4 and F5, the owner or operator replaces the interim System specified in Requirement O3.a. Thereafter, the facility's System of ground water monitoring wells include: MW-A301, MW-A302, MW-A303, MW-A304, MW-A305, MW-A307, MW-A308, MW-A310IR, MW-A310SR, MW-A311R, MW-A312, MW-A315R, MW-A319, MW-A321, MW-A323, MW-A324, MWA325, MW-A326, and MW-A327. MW-A315R is the current background well.

c. The facility's System includes the following piezometers: PZ-18-1, PZ-18-2, PZ-18-3, and PZ-18-4. The owner or operator will use the piezometers for the collection of static water level elevations at least semiannually during the months specified in Requirement 014 and report the results following Requirements 023 and 024.


11



d. At least 60 days before installing new monitoring devices, the owner or operator must submit a well-installation plan for IDEM approval. The plan must provide the following:

1. A map showing the location of each device with respect to the facility's entire System and a current potentiometric surface.

2. A demonstration that each device will yield representative ground water samples at an appropriate location and depth within the same aquifer or aquifers as the facility's existing System, and will meet the installation requirements of 40 CFR 257.91(e).

3. Drilling methods and procedures that follow 329 IAC 10-21-4; well construction materials and details, including protocol for collecting, describing, and analyzing consolidated or unconsolidated materials (329 IAC 10-24-3(3)).

4. An example of a borehole log that includes information specified under 329 IAC 10-24-3(2).

5. Environmental qualifications of all field personnel.

6. Provisions to include the installation records in the facility operating record (40 CFR 257.91(e)(1)).


04. The owner or operator must label all ground water monitoring wells and piezometers with a permanent and unique identification. When reporting well and piezometer information, the owner or operator must include the identification for each well or piezometer.

05. The owner or operator must secure the access ways to all ground water monitoring wells and piezometers to prevent unauthorized access and maintain the access ways so they are passable year round with the exception of flooding conditions.

06. The owner or operator must maintain all ground water monitoring wells and piezometers as follows:

a. Complete necessary repairs, other than replacement (see Requirement 08), within 10 days after discovery or other time frame approved by IDEM.

b. Keep the wells and piezometers securely capped and locked when not in use.


12


Page 12 Partial Approval of Closure/Post-C!osure Plan

c. Repair all cracks in and around the casings and well pads that may affect the integrity of the well.

d. Control vegetation height e. Redevelop the wells as needed.

D7. When abandoning a ground water monitoring well or piezometer that is part of the facility's approved System (see Requirement D3), the owner or operator must:

a. Submit a written proposal for approval explaining the reasons for and detailing the method of abandonment


c. Notify the IDEM Geology Section by phone, email, or letter at least 10 days before the date the abandonment work will occur.

d. Provide written notification of abandonment to IDEM and IDNR within 30 days after plugging is complete. (IDNR (312 IAC 13-10-2(f)) requires written notice.); and

e. Include the abandonment records in the facility operating record (40 CFR 257.91 (e)(1 )).

D8. The owner or operator must notify IDEM by phone, email, or letter within 10 days after discovering that a ground water monitoring well or piezometer has been destroyed or is not functioning properly. The owner or operator must repair the well or piezometer if possible. If the well or piezometer cannot be repaired, then within 30 days after discovery, the owner or operator must submit a proposal for abandonment or replacement

PLANS

D9. The owner or operator must follow an IDEM approved Sampling and Analysis Plan (SAP) that meets the minimum requirements listed in 40 CFR 257.93(a) through (e), and (i). (See Requirement F1)

D10. The owner or operator must follow an IDEM approved Quality Assurance Project Plan (QAPP) that meets the requirements listed in 40 CFR 257.93(a) and (b). (See Requirement F2)

D11. The owner or operator must follow an IDEM approved Statistical Evaluation Plan (StEP) that meets the minimum requirements listed in 40 CFR 257.93(f) through (h). (See Requirement F3)

D12. If IDEM requests a revision to a SAP, QAPjP, or StEP, the owner or operator must submit the revised plan(s) for approval. The owner or operator must submit the plan(s) within 60 days after receiving the request This submittal must include one original paper copy and one PDF electronic file of each plan. The owner or operator must not implement the revised plan(s) before receiving approval.


13



D13. If the owner or operator makes design changes to the existing System listed in Requirement D3, the owner or operator must submit a revised SAP, and if applicable, a revised QAPjP or StEP for approval. The owner or operator must submit the plans within 60 days after completing all field activities associated with the design changes. This submittal must include one original paper copy and one PDF electronic file of each plan. The owner or operator must not implement the revised plans before receiving approval.

MONITORING PROGRAMS

D14. The owner or operator must sample the ground water monitoring wells (see Requirement D3) semiannually during March and September of each year. Each sample must be analyzed following the Detection Monitoring Program (40 CFR 257.94) for the following Appendix Ill constituents:

a. Total Boron b. Total Calcium c. Chloride d. Fluoride e. Field pH f. Sulfate g. Total Dissolved Solids

The owner or operator may demonstrate an alternative frequency of sampling for Appendix Ill constituents following 40 CFR 257.94(d).

When applicable, each sample must be analyzed following the Assessment Monitoring Program (40 CFR 257.95) for the following Appendix IV constituents:

a. Total Antimony b. Total Arsenic C. Total Barium d. Total Beryllium e. Total Boron f. Total Cadmium g. Total Chromium h. Total Cobalt i. Fluoride j. Total Lead k. Total Lithium I. Total Mercury m. Total Molybdenum n. Total Selenium 0. Total Thallium p. Radium 226 and 228 combined


14



For specific metal constituents, the owner or operator may incorporate historic filtered (dissolved) results into the background data set instead of collecting a minimum of eight additional independent samples (40 CFR 257.94(c)) for the unfiltered (total recoverable) metal results, if the results for the filtered metal is no greater than 20% of the relative percent difference of the unfiltered metal. The owner or operator may propose an alternative method for incorporating historic results of the specific dissolved metal into the background data set for review and approval. Whenever results of total chromium occur at or above its background concentration or maximum contaminant level, whichever is the higher concentration, the owner or operator must speciate and report both trivalent and hexavalent chromium.

D15. The owner or operator must use the results of the static water level measurements from the System listed in Requirement D3 to prepare potentiometric-surface maps or ground water flow maps that include the following information:

a. Location and identification of each ground water monitoring well and piezometer.

b. Ground water elevations for each well and piezometer, and surface water elevations for the Ohio River. The owner or operator must measure all static water levels on the same day and as close in time as possible before the purging and sampling event.

c. Date and time of static water level measurement for each well and piezometer.

d. Ground-surface elevation at each well and piezometer. e. Facility property boundaries. f. Identification of the aquifer represented, either by a name or elevation. g. Solid waste fill boundaries. h. Facility name and county. i. Map scale, north arrow, ground water flow direction arrows, and

potentiometric-surface contour intervals. J. Indications of which wells are considered background, upgradient, or


D16. If a ground water flow map indicates that the ground water flow direction, including flow reversals, is other than anticipated in the design of the System listed in Requirement D3, then the owner or operator must notify IDEM of the difference in the ground water monitoring report submitted for Requirement D23. The notification must include either of the following: information demonstrating that the System complies with 40 CFR 257.91(c); or a proposal to revise the System design for IDEM approval.


15



The owner or operator must determine if the System currently complies with 40 CFR 257.91 (c) before collecting samples for the scheduled semiannual sampling event. If a flow reversal occurs, and with IDEM approval, the owner or operator may postpone the scheduled semiannual sampling event in 30-day extension increments if they determine that the System does not comply with 40 CFR 257.91(c).

If the owner or operator determines a ground water flow reversal occurred during a scheduled semiannual sampling event, then data from that sampling event must not be utilized in statistical evaluations or incorporated into the background ground water quality calculations specified in the StEP. However, the owner or operator may retain the data obtained during a ground water flow reversal if the owner or operator demonstrates the data accurately represents established ground water quality conditions when a flow reversal did not occur. Additionally, the owner or operator must immediately schedule a replacement sampling event in order to complete the required semiannual evaluation for ground water releases from the facility. Within seven days of scheduling the replacement sampling event, the owner or operator must notify IDEM of the schedule.

If design changes to the existing System listed in Requirement D3 are necessary, then the owner or operator must make the changes within 30 days after receiving IDEM approval of the revised design or other time frame approved by IDEM.

D17. Background ground water monitoring well(s) must provide ground water samples that represent historical conditions unaffected by a CCR unit or facility activities that may contribute Appendix Ill and Appendix IV constituents listed in Requirement D14 against which background comparisons occur. Additionally, for any background well added to the System listed in Requirement D3, the owner or operator must:

a. Establish background ground water quality for the Appendix Ill and Appendix IV constituents listed in Requirement D14.

b. Determine the background ground water quality by sampling each new well for eight independent sampling events within 12 months after the well's installation, unless the owner or operator can justify to IDEM an extended period of no more than 12 additional months.

If the owner, operator, or IDEM determines that the current System (see Requirement D3) does not have the required background well(s), then within 60 days the owner or operator must submit a plan per Requirement D3.d proposing to establish new or additional background wells for the current System for IDEM review and approval. This plan must include well location(s) for obtaining background ground water quality samples that satisfy the specifications of this

. requirement.

D18. The owner or operator must implement the StEP identified in Requirement D11 and include the outcome of each statistical determination in a statistical evaluation report (see Requirement D23.d).


16



019. The owner or operator must implement a detection monitoring program consistent with 40 CFR 257 .94 and the StEP. If the owner or operator determines there is a statistically significant increase (SSI) over background for one or more of the Appendix Ill constituents listed in Requirement 014 at any of the downgradient ground water monitoring wells, then the owner or operator must comply with one of the following requirements:

a. Demonstrate that a source other than the CCR unit caused the 881 over background levels for a constituent, or that the 881 resulted from error in sampling, analysis, statistical evaluation, or natural variation in ground water quality (40 CFR 257.94(e)(2)). Within 45 days of detecting an 881 over background levels, or other time frame approved by IDEM, the owner or operator must submit the written demonstration to IDEM.

If the demonstration is approved, the owner or operator may continue with a detection monitoring program for any unit for which the demonstration was made;

b. Within 30 days of receiving notice that the demonstration is not acceptable to IDEM, submit an assessment monitoring program plan meeting the requirements of 40 CFR 257.95, which includes the Appendix IV constituents listed in Requirement 014, to IDEM for approval. Within 90 days of determining an 881, the owner or operator must establish and implement the assessment monitoring program following 40 CFR 257.95, which includes the Appendix IV constituents listed in Requirement 014. The owner or operator must also implement the assessment monitoring program plan after receiving approval from IDEM; or

c. If a demonstration is not pursued, the owner or operator must submit an assessment monitoring program plan specified in Requirement O19.b within 30 days of determining the 881. Within 90 days of determining an 881, the owner or operator must establish and implement the assessment monitoring program following 40 CFR 257.95, which includes the Appendix IV constituents listed in Requirement 014. The owner or operator must also implement the assessment monitoring program plan after receiving approval from IDEM.

020. Within 90 days of finding that any of the Appendix IV constituents listed in Requirement 014 have been detected at a statistically significant level exceeding the ground water protection standards (40 CFR 257.95(h)), the owner or operator must comply with one of the following requirements (40 CFR 257.95(g)(3)):

a. Complete the assessment of corrective measures as required by 40 CFR 257.96, and submit the results of the corrective measures assessment to IDEM for approval. As part of the selection of corrective measures, the owner or operator must include an evaluation of potential ground water flow reversals on the System. The 90-day deadline to complete the assessment of corrective measures may be extended for no longer than


17



60 days. After receiving IDEM approval, the owner or operator must implement Requirement D21; or

b. Demonstrate that a source other than the CCR unit caused the contamination, or that the statistically significant level exceeding the ground water protection standard resulted from error in sampling, analysis, statistical evaluation, or natural variation in ground water quality consistent with 40 CFR 257.95(g)(3)(ii). Within 90 days of detecting a statistically significant level exceeding the ground water protection standard, the owner or operator must complete and submit the written demonstration to IDEM for approval.


D21. At least 30 days prior to initiating 40 CFR 257.97, the owner or operator must hold a public meeting to discuss the results of the corrective measures assessment with interested and affected parties. As soon as feasible, the owner or operator must select a remedy that, at a minimum, meets the standards listed in 40 CFR 257.97(b). The owner or operator must submit the first semiannual selected remedy progress report (40 CFR 257.97(a)) to IDEM for review and approval. If additional semiannual progress reports are necessary, the owner and operator must submit the reports within six months of submitting the previous semiannual report. The final report for the selected remedy must, at a minimum, meet the standards listed in 40 CFR 257.97(b), utilizing the provisions specified in 40 CFR 257.97(c) and (d), and must be approved by IDEM.


REPORTING

D23. The owner or operator must submit a ground water monitoring report that includes the results obtained from the implementation of Requirements D14 or D17 no later than 60 days after each ground water monitoring event with the following exceptions:

• The owner or operator must submit radium-specific information no later than 90 days after the ground water monitoring event.

• If the owner or operator implements a verification resampling program, then the owner or operator must submit verification resampling results no later than 30 days after the last verification event. Verification resampling


18



is defined in the March 2009 Statistical Analysis of Groundwater Monitoring Data at RCRA Facilities (EPA 530/R-09-007).

The owner or operator must submit the report to the IDEM Solid Waste Permits Section in one unbound paper copy and in one electronic PDF file. The report must include the following:

a. One original unbound laboratory-certified report with analytical results, field parameters (see Requirement D24), field sheets, and chain-ofcustody forms. The laboratory-certified report must include the following: detection limit for each chemical constituent, date samples collected, date the laboratory received the samples, date the laboratory analyzed the samples, date the laboratory prepared the report, method of analysis the laboratory used for each constituent, sample identification number for each sample, and results of all sample analyses.

b. All information specified in Requirement D15 and a table summarizing the static water level and ground water elevation for each well and piezometer.

c. An evaluation of the ground water quality, recent notifications of any compliance issues related to a problematic well or piezometer (see Requirement DB), special field observations and procedures, and deviations from the SAP.

d. One original unbound copy of the statistical evaluation report (see

Requirement D18).

The owner or operator may mail the PDF copy and electronic data file specified in Requirement D24 on a CD-ROM or DVD. The owner or operator must clearly label the PDF copy and electronic data file of the results of each sampling event with the facility name and a brief description of the file. Alternatively, the owner or operator may email the PDF copy and electronic data file to the IDEM Solid Waste Permits Section at the address listed in Requirement A3 and carbon copy [email protected]. The email must include the facility name and a brief description typed in the email's subject heading.

D24. The owner or operator must submit one electronic data file of the analytical results and field parameters from the System (see Requirement D3) formatted as an ASCII, tab-delimited text file. The electronic data file must contain the facility's name, SW Program ID number, and the name of the analytical laboratory. Additionally, the file must include the fields listed below for the analytical results and as applicable, the following field parameters: pH, specific conductance, temperature, turbidity, well depth, depth to water, and static water elevation.



19



b. SamplePointName: Names of ground water monitoring wells, piezometers, leachate wells, surface water collection points, etc.

c. LaboratorySample ID: ID assigned to the sample by the laboratory. d. SampleType: Regular, duplicate(s), trip blank(s), equipment blank(s),

field blank(s), verification re-sample(s), and replicate(s). e. SpeciesName: Chloride, sodium, ammonia, field pH, etc. The order of


f. Concentration (results): The entry must be a number. Please do not enter text, such as 11 NA,1' uND,1' or 11<."


h. Detected: Yes or no. 1. Detection Limit. j. AnalyticalMethods. k. EstimatedValue: Indicate "Yes" if the reported concentration is an



m. SampleMedium: Ground water, leachate, surface water, etc. n. ProgramArea: Solid Waste.

Additional guidance on electronic data file submittals is available on IDEM's website at http://www.in.gov/idem/landquality/2369.htm or by emailing questions to [email protected].

D25. The owner or operator must retain laboratory quality assurance/quality control (QNQC) documentation from valid analyses of ground water samples for at least three years.

Upon IDEM request, the owner or operator must submit the laboratory QNQC for a specified ground water monitoring data package, in one paper copy and one electronic copy in PDF format, within 60 days after receiving the request. The "Solid & Hazardous Waste Programs, Analytical Data Deliverable Requirements: Supplemental Guidance" provides additional information about laboratory QNQC. The guidance is available on IDEM's website at www.in.gov/idem/landquality/files/sw_resource_data_deliverable_reqs.pdf.


20




E1. The owner or operator must update and maintain a financial assurance mechanism as specified in 329 IAC 10-39 in an amount not less than the estimated costs of closure and post-closure in the approved closure and post-closure plans for the APS. The owner or operator must submit signed originals of the financial assurance mechanism and updates used to meet this requirement.



b. The owner or operator must revise the cost estimates to account for changes which increase the cost of closure and/or post-closure.

c. The owner or operator may revise the cost estimates to account for changes which reduce the cost of closure and/or post-closure. The owner or operator must provide documentation supporting reduced costestimates, for example: letters and maps documenting areas certified as closed.

d. The owner or operator must submit an existing contour map showing the approved solid waste land disposal facility that delineates the boundaries of all areas into which waste has been placed and the boundaries of areas certified as closed. The map must be certified by a professional engineer or a registered land surveyor.

e. The owner or operator must submit documentation showing that the financial assurance mechanism is current and adequate to cover the estimated costs of closure and post-closure. The owner or operator must submit signed originals of the financial assurance mechanism and/or updates used to meet this requirement.


F1. Within 60 days after receiving this IDEM Approval Letter, the owner or operator must submit a Sampling and Analysis Plan (SAP) that meets Requirement 09. The SAP must describe sampling protocols, equipment, and methods for collecting samples to be analyzed for constituents listed in Requirement 014. The owner or operator must implement the SAP upon IDEM's written approval. The submittal must include one original paper copy and one PDF electronic file.


21



F2. Within 60 days after receiving this IDEM Approval Letter, the owner or operator must submit a Quality Assurance Project Plan (QAPiP) that meets Requirement D10 for the constituents listed in Requirement D14. The owner or operator must implement the QAPP upon IDEM's written approval. The submittal must include one original paper copy and one PDF electronic file.

F3. Within 60 days after receiving this IDEM Approval Letter, the owner or operator must submit a Statistical Evaluation Plan (StEP) that meets Requirement D11. The StEP is effective upon IDEM's written approval. The submittal must include one original paper copy and one PDF electronic file.

In the StEP, the owner or operator must present the data distribution assumptions. The statistical procedures must be appropriate for the data distribution and provide a balance between the probability of falsely identifying a statistically significant difference and the probability of failing to identify a statistically significant difference. To achieve the balance, the owner or operator should consider the background sample sizes, the number of individual statistical tests performed, the number of ground water monitoring wells, and the specific verification resampling method. The statistical procedures must account for analytical results below method detection limits.

F4. The owner or operator must install MW-A310IR, MW-A310SR, and MW-A311 R, listed in Requirement D3.b, following the schedule and procedures described in the facility's submittal dated December 21, 2018 (VFC #82668836), and the comments of IDEM's letter dated January 29, 2019 (VFC #82682860). Also, the installations must comply with provisions of Requirement D3d.

F5. Within 180 days after the effective date of this approval, the owner or operator must submit for review and approval a ground water monitoring well installation plan and schedule for the installation of MW-A323, MW-A324, MW-A325, MWA326, and MW-A327 listed in Requirement D3.b. The installation plan must comply with Requirement D3.d. The owner or operator must include in the plan the facility's proposals for retaining or abandoning MW-A309, MW-A313, MWA314, and MW-A317.

F6. Within 60 days after completing all well installations described under Requirements F4 and F5, the owner or operator must submit new and updated geologic cross-sections including the information specified in Item 9 of the Geology Enclosure of the Request for Additional Information dated June 15, 2018 (VFC #82561378, page 11 of 13).

F7. If necessary, the owner or operator must submit to IDEM for approval a revised final grading plan for North Ash Pond and Primary Pond Ash Fill meeting requirements of 329 IAC 10-30-2 reflecting the current status of Primary Pond closure no later than 90 days after receipt of this approval.


22



F8. The owner or operator must establish a financial assurance mechanism as specified in 329 !AC 10-39 in an amount not less than the estimated costs of closure and post-closure in the approved closure and post-closure plan no later than 45 days after receipt of this approval and submit proof of the establishment of the financial assurance to IDEM no later than 60 days after receipt of this approval.


23

NOTICE OF DECISION

The Indiana Department of Environmental Management (IDEM) made a decision on the closure and postclosure plans for the Duke Gallagher Generating Station Ash Pond System (SW Program ID 22-UP-01) located at 30 Jackson Street, New Albany. This decision approves the closure of a portion of the coal combustion residual (CCR) surface impoundments at the facilty, and it allows CCR to be permanently disposed of at the Duke Energy, LLC, Gallagher Generation Station in Floyd County. The approved closure and post-closure plans are available for review at:

New Albany- Floyd County Public Library, 180 West Spring Street, New Albany, 47150 The final decision is also available online via IDEM's Virtual File Cabinet (VFC). Please go to: http://vfc.idem.in.gov/. You can search there for approval documents using a variety of criteria.

APPEAL PROCEDURES



The Petition(s) must include facts demonstrating that you are either the applicant, a person aggrieved or adversely affected by the decision, or otherwise entitled to review by law. Identifying the permit, decision, or other order for which you seek review by permit number, name of the applicant, location, or date of this notice will expedite review of the petition. Additionally, IC 13-15-6-2 and 315 !AC 1-3-2 require that your Petition include:





1. the date on which the petition is deTTvered to the OEA; 2. the date of the postmark on the envelope containing the petition, if the petition is mailed to the




More information on the review process is available at the website for the Office of Environmental Adjudication athttp://www.in.gov/oea ..


24


Eric J. Holcomb Goven10r


{800) 451-6027 • (317) 232-8603 • www.idem.lN.gov



Who may file an appeal? The decision described in the accompanying Notice of Decision may be administratively appealed. Filing an appeal is formally known as filing a "Petition for Administrative Review" to request an "administrative hearing".

If you object to this decision issued by the Indiana Department of Environmental Management (IDEM) and are: 1} the person to whom the decision was directed, 2) a party

specified by law as being eligible to appeal, or 3) aggrieved or adversely affected by the decision, you are entitled to file an appeal. (An aggrieved and adversely affected person is

one who would be considered by the court to be negatively impacted by the decision. If you file an appeal because you feel that you are aggrieved, it will be up to you to demonstrate in your appeal how you are directly impacted in a negative way by the decision}.

The Indiana Office of Environmental Adjudication (OEA) was established by state lawsee Indiana Code (IC) 4-21.5-7 - and is a separate state agency independent of IDEM. The jurisdiction of the OEA is limited to the review of environmental pollution concerns or any alleged technical or legal deficiencies associated with the IDEM decision making process. Once your request has been received by OEA, your appeal may be considered by an Environmental Law Judge.

What is required of persons filing an appeal? Filing an appeal is a legal proceeding, so it is suggested that you consult with an attorney.

Your request for an appeal must include your name and address and identify your interest in the decision (or, if you are representing someone else, his or her name and address and their interest in the decision). In addition, please include a photocopy of the accompanying Notice of Decision or list the permit number and name of the applicant, or

responsible party, in your letter.

Before a hearing is granted, you must identify the reason for the appeal request and the issues proposed for consideration at the hearing. You also must identify the permit terms

and conditions that, in your judgment, would appropriately satisfy the requirements of law

with respect to the IDEM decision being appealed. That is, you must suggest an alternative to the language in the permit (or other order, or decision) being appealed, and

your suggested changes must be consistent with all ap.plicable laws (See Indiana Code 13-15-6-2) and rules (See Title 315 of the Indiana Administrative Code, or 315 IAC).


25





Your appeal (petition for administrative review) must be received by the Office of Environmental Adjudication in a timely manner. The due date for filing an appeal may be given, or the method for calculating it explained, on the accompanying Notice of Decision (NOD). Generally appeals must be filed within 18 days of the mailing date of the NOD. To ensure that ydu meet this filing requirement, your appeal request must be: 1) Delivered in person to OEA, by the close-of-business on the eighteenth day (if the 18th





What are the costs associated with filing an appeal? The OEA does not charge a fee for filing documents for an administrative review or for the use of its hearing facilities. However, OEA does charge a fifteen cent ($.15) per page fee for copies of any documents you may request. Another cost that could be associated with your appeal would be for attorney's fees. Although you have the option to act as your own attorney, the administrative review and associated hearing are complex legal proceedings; therefore, you should consider whether your interests would be better represented by an experienced attorney.


26




27


Proposed Closure and Post-Closure Plans for the Ash Pond System located at Duke Energy's Gallagher River Generating Station 22-UP-01

Documents: Closure Plan RAl#1 Response to RAI #1 Response to RAI #1 Addendum 1 RAl#2 Response to RAI #2 Addendum 2

Comment#1:

Date: 12.21.16 06.15.18 08.15.18 09.27.18 12.17.18 02.15.19

VFC#: 80398571 82561378 82600863 82626852 82664063 82698641

Duke Gallagher coal ash ponds are unlined and located in a high risk and vulnerable location in the Ohio River floodplain, within several hundred feet of the Ohio River. The record flood level at this site reached 458.2 feet, 30 feet above flood stage. None of the Gallagher ash pond embankments exceeds this height.

Response to Comment #1: We concur with the commenter's summarization of the historic facts that ash ponds are unlined and located within the flood plain; however, the ash ponds are protected from the 1 DO-year flood events by dikes.

Comment#2: The lagoons are located directly above, or in some cases sitting within, the shallow sand and gravel groundwater system that adjoins the river. According to Duke's closure plan, groundwater elevations observed in Duke's new monitoring wells are in some cases 30 feet above the bottom level of the coal ash, meaning the coal ash is inundated by groundwater. At four of the lagoons, the ash is sitting in the groundwater.

Response to Comment #2: We concur that before closure activities began, the elevation of the ground water was greater than the bottom depth of the ash within the ash ponds at the facility. Duke has removed to the extent practical the ash from the former Secondary Settle Basin. Duke's closure plans will implement a similar removal of ash from Ash Pond A and the former Coal Pile Ash Fill. IDEM's partial closure/post-closure plan approval does not approve closure of the Primary Pond. The North Ash Pond and Primary Pond Ash Fill are not subject to 329 IAC 10-9-1(c) and 40 CFR 257 Sub Part D. Necessary remediation of the ground water associated with these units will occur.


28


Comment#3:


Groundwater quality is impaired by these facilities. Duke's Closure Plan provides an incomplete description of water quality underneath the Gallagher coal ash ponds. It states that the sampling results for six parameters summarized in Table 4 "provide a measure of general water quality in the vicinity of the Gallagher Station Ash Pond System." (page 21) Yet Table 4 and the Closure Plan discussion of water quality omit the results for arsenic, one of the most toxic, and most common, contaminants found in coal ash leachate. The sampling results for arsenic, found in separate documents in IDEM's online file system, record at least eleven samples exceeding the U.S. EPA drinking water standard for this contaminant, with one sample at a concentration that is thirteen times the standard. Besides arsenic, the three groundwater sampling events conducted by Duke - in December 2015, March 2016 and August 2016-reveal that the groundwater underneath the ash is contaminated with other harmful chemicals and metals. Manganese concentrations were as high as 380 times the secondary federal drinking water standard, and boron levels were found at over seven times the EPA's health advisory level.

Response to Comment #3: Since submittal of the closure/post-closure plan, Duke has continued to gather ground water quality data on a routine basis through their self-implementation of the Federal CCR requirements. The closure/post-closure plan does not include the data after December 2016. Regardless, the facility must account for and fulfill obligations under the Federal CCR rule and applicable state requirements for all ground water data collected inclusive of arsenic and the other constituents noted in the comment. The facility's CCR regulated units cannot exceed the ground water protection standard found in 40 CFR 257 without triggering further actions. Please note that some constituents, arsenic in particular, often occur naturally in Indiana soils and ground water at or above the applicable target regulatory concentration limits. The facility's development of ground water background concentrations will include both the naturally occurring constituent concentrations and the potential influence of upgradient sources that are unrelated to the facility's operations.

Comment #4.a:

The wells labeled 'upgradient' in the Closure Plan are affected by coal ash. These wells labeled 'upgradient' by Duke must not be used to establish background ground water concentrations. Under the federal CCR rule, the utility is required to establish background and perform statistical tests comparing the background concentrations to concentrations in their monitoring wells. Duke must be required to find appropriate wells for measuring the true background concentrations in the local ground water, wells that are not impacted by coal ash.


29


Comment #4.b:


One well designated 'upgradient' in Duke's Closure Plan - MW A312- has concentrations of boron, sulfate and TDS that exceed their US EPA water quality standards or RMLs.

Response to Comments #4.a and #4.b: The comment is correct in that an upgradient ground water monitoring location does not necessarily equate to background ground water quality. Duke has established as a background ground water monitoring location, ground water monitoring well MW-A315R, which is north and up-river of historic facility operations. The location appears to provide ground water samples unaffected by current or historic coal ash from CCR units or facility operations. Requirement D17 in Geology's memo of IDEM's approval letter requires the facility to establish background that represents historical conditions unaffected by a CCR unit or facility activities that may contribute 40 CFR 257 Appendix Ill and IV constituents against which background comparisons occur.

Comment#5: Duke has not adequately assessed whether contamination underneath the ash ponds may be threatening nearby water wells. The Closure Plan has identified only 2 off-site wells in the vicinity of the Gallagher coal ash ponds. Without adequate groundwater monitoring, both at the ash ponds and in the surrounding vicinity, the question of whether the contamination underneath the Gallagher ash ponds is migrating to nearby drinking water wells will remain unanswered. The two residential water wells identified in the plan should be included in the groundwater monitoring program for the Gallagher ponds.

Response to Comment #5: Per the agreed order in Cause No. 44765 that Duke entered into with the State of Indiana's Office of Utility Consumer Counselor, Duke completed an evaluation of potential downgradient water well users within a half-mile of Gallagher Generating Station's CCR regulated surface impoundments. Duke provided IDEM a carbon copy of the resulting "Potential Downgradient Groundwater Receptors" report dated September 21, 2017, as an enclosure to their letter dated October 5, 2017 (VFC #80533987). Figure 2 of the report identifies three non-facility related wells southwest of the ash ponds.

In addition, our evaluation of the available hydrogeologic information indicates that the permeable, coarser Ohio River outwash materials forming the uppermost aquifer beneath the ash ponds pinches-out against the underlying shale bedrock which rises in elevation towards the west side of the facility. Geologic CrossSections C and D of Plan Sheets 8 and 9 of Duke's closure/post-closure plan submittal dated December 21, 2016 (VFC #80398571, pages 70 and 71) depict the absence of the outwash aquifer towards the west. The Ohio River outwash aquifer does not extend westward to transmit contaminants towards the locations of the three off-site wells, and the underlying shale would hinder contaminant migration rather than transmit it. Therefore, requiring routine monitoring of the three off-site wells does not currently appear justified.


30


Comment#6:


Duke has not adequately assessed whether contamination underneath the ash ponds may be contaminating the Ohio River. Given the regular interchange between surface water and adjacent groundwater, it is likely that the contamination in the groundwater beneath the Gallagher coal ash ponds is reaching the Ohio River. This likelihood is described in the Closure Plan at page 12, "The Ohio River generally represents a discharge point for groundwater within the aquifer; however, flood events may cause a reverse gradient allowing river water to flow into the aquifer."

Response to Comment #6: IDEM agrees there is presently insufficient knowledge of which constituents and at what concentrations may be entering the Ohio River via the ground water from potential releases from the ash ponds. The fact that the ground water and river interact is not in question. However, the first steps towards gathering a clearer picture of the ash ponds' effect on the river has been underway through the facility's implementation of routine ground water monitoring. Based on the sampling results, the facility must follow all ground water monitoring requirements of the detection, assessment, and corrective action programs.

Comment#7: Closure in place will not prevent continued contamination. The closure plan does not describe the fate of liquids and leachate to be drained from Ash Pond A which is an active pond. There is no indication of where and how leachate removed from the Ash Pond will be sampled, treated, and/or discharged.

Response to Comment #7: Duke Gallagher Power station holds a valid National Pollution Discharge Elimination Permit (NPDES). The leachate and storm water are discharged under the NPDES permit approved by the IDEM Office of Water Quality.

Comment#S: Duke's Closure Plan provides that the Coal Ash Fill Area, after closure by removal, will be "repurposed to serve as a lined pond to store leachate from the permitted landfill and runoff from the Station during decommissioning activities." (page 28). There is no description or plan for protecting this new pond, which will contain coal ash leachate, from being overtopped by floodwaters. Nor is there a description of whether a permitted discharge outfall will be required for this new pond.

Response to Comment #8: The newly repurposed pond is protected by a flood protection dike from inundation from a 100-year flood event. The Gallagher station must maintain NPDES permit and must discharge leachate in accordance with all state and federal regulations. (Requirement B6)


31


Comment#9:


Duke has failed to consider the cost of corrective action when evaluating cost of closure in place. The Duke Closure plan includes estimated costs, but it does not estimate the costs of corrective action for the groundwater contamination at the Gallagher site. The cost of decades of groundwater corrective action could make a significant difference in the total closure and post-closure cost for the Gallagher coal ash. If that cost is taken into account, is closure in place still the most cost-effective approach? This is a question well worth consideration. If the ash is placed into dry, lined storage or recycled into concrete, rather than being left in place, the leaching will be stopped, and there may be no need for groundwater corrective action. Stopping the leaching is the most protective course for the groundwater and the Ohio River, and it may also be the most cost-effective approach in the long run.

Response to Comment #9: Cost of remediation is not included in the post-closure cost maintenance. However, remediation will be implemented. Please refer to the December 17th ,

2018 letter (#82664063) for additional information. The CCR rule and IDEM rule do not require estimate of closure costs in selecting the closure method.

Comment #10: Duke failed to consider alternatives to closure in place. The Duke Gallagher ash impoundment closure plan does not include an analysis of alternatives. It describes the proposal to cap the ash in place but makes no mention of what the other options might be nor does it give the reason that cap-in-place was chosen. Duke has not justified its selection of cap-in-place nor adequately accounted for how their closure plan will eliminate threats to human health and the environment in the future.

Response to Comment #1 0: IDEM rules do not require analysis of alternative closure options. Duke proposed to close Ash Pond A, Secondary Settling Pond, and Coal Pile Ash Fill Area by removing ash; therefore, minimizing future human health and environmental threats. Closure of the Primary Pond is not approved by this decision.

Comment #11: The proposed Duke closure plan violates Indiana regulation. The selection of capin-place is inconsistent with Indiana regulation at 329 IAC 10-30-1, which, as discussed above, IDEM looks to - pursuant to the IDEM Surface lmpoundment Closure Guidance - in determining whether a closure plan is protective of human health and the environment. 329 IAC 10-30-1 states:

"Sec. 1. Owners or operators of restricted waste sites type I and Type II and nonmunicipal solid waste landfills shall close the facilities in a manner that:

(1) minimizes the need for further maintenance; (2) controls post-closure escape of waste, waste constituents, leachate, contaminated precipitation, or waste decomposition products to the ground or surface waters or the atmosphere;"


32



The proposed Gallagher closure plan leaves the ash in direct contact with the groundwater without a liner. As described above, that will not control the postclosure formation and escape of leachate. Erosion and shifts in the course of the river, and the rise and fall of groundwater levels, will eventually lead to release of the ash itself, i.e. escape of waste.

Response to Comment #11 : Under IDEM rule Duke demonstrated that closure method with geomembrane cover will be protective and prevent escape of waste and leachate. Contamination detected in the ground water will be addressed by corrective action as described in 329 IAC 10-29.

Comment #12: Cap-in-place also is also inconsistent with the regulation in that it will not minimize the need for further maintenance. The ash ponds sit in the 1 DO-year floodplain of the Ohio River, though the dikes around them are generally just high enough to be above the estimated 1 OD-year flood level. When the river goes into flood stage, assuming it does so after the cap is complete over the ash, it will erode and damage the berms and cap and saturate the ash. If the ash were landfilled on high ground, it would lower or eliminate the risk of flood damage and reduce future maintenance.

Response to Comment#12: As the comment stated, the ash ponds are protected by flood protection dikes. The facility is responsible to maintain the dikes in good condition after final closure is completed. Any damage to the cover system and dikes must be corrected. Only Secondary Settling Pond is located within fringe of the flooding limits however CCR from this impoundment have been removed.

Comment #13: The Closure Plan (at p. 29) is inconsistent with IDEM's Surface lmpoundment Closure Guidance because it does not contain a provision for financial assurance, required by 329 IAC 10-390

Response to Comment #13: Duke is required to provide financial assurance for closure and post-closure of the ash pond system. Please see Requirement E1 of the approval letter.

Comment #14: Duke's Closure Plan for the Gallagher ash ponds does not comply with the applicable closure requirements of 40 CFR Part 257, Subpart D. The EPA's closure performance standard for impoundments leaving coal ash in place is set forth at 40 C.F.R. § 257.102. According to the CCR rule, Duke must ensure, at a minimum, the impoundments are closed in a manner that will: (i] Control, minimize or eliminate, to the maximum extent feasible, post closure infiltration of liquids into the waste and releases of CCR, leachate, or contaminated run-off to the ground or surface waters or to the atmosphere; (ii) Preclude the probability of future impoundment of water, sediment, or slurry; (iii) Include measures that provide for major slope stability to prevent the


33

Duke Energy SW Program ID 22~UP-01


sloughing or movement of the final cover system during the closure and post-closure care period; (iv) Minimize the need for further maintenance of the CCR unit.

Duke's Closure Plan, however, does not meet the performance standards of the CCR rule because groundwater will ( or is likely to) continue to infiltrate the coal ash beneath the cap and generate future releases of CCR constituents.

Response to Comment #14: The only pond subject to 40 CFR 257 and that is proposed to be closed inplace is the Primary Pond. IDEM is not addressing the Primary Pond closure in this decision.

Comment 15: Duke has not adequately demonstrated that it has included "measures that provide for major slope stability". The Closure Plan acknowledges that" ... ponded ash will settle in some areas under the weight of the structural fill needed to establish the required slopes as well as the final cover itself." (page 28).

Response to Comment #15: Duke provided adequate slope stability calculations in the documents dated September 27, 2018 (VFC #82626852), and dated February 15, 2019 (VFC #82698641) and IDEM has evaluated the results and determined the analyses to be satisfactory.

Comment #16:

The key to successful disposal of coal ash is to keep the ash dry. Episodic rewetting of ash placed above the normal water table, but within range of high water events will cause continued generation of ash leachate and impacts to downgradient ground water quality.

Response to Comment #16: The North Ash Pond and Primary Pond Ash Fill Area are subject to 329 IAC 10-3-1 (9) closure requirements. Any impact to the ground water will be addressed by corrective action as required by 329 IAC 10-29. The Primary Pond, which is subject to 329 IAC 10-9-1(c) and 40 CFR 257, is not included in this decision.

Comment #17: The direction of groundwater flow has not been adequately characterized. Wells or piezometers located near the center of inactive impoundments are necessary to evaluate the presence and magnitude of groundwater mounding and the direction(s) of groundwater flow. The elevation of water within active ponds must be incorporated into water elevation mapping in order to refine flow directions.

Response to Comment#17: IDEM has already stated much of the concerns in this comment through Geology Enclosure Comments 7, 8, and 10 of IDEM's Request for Additional


34



Information dated June 15, 2018 (VFC #82561378). The facility has some ground water monitoring wells installed through the coal ash and located within the bounds of coal ash units. The ground water elevation data collected to date gives a good indication of whether ground water mounding is a concern, and IDEM considered the data and locations in approving a ground water monitoring well system. Of the existing ground water monitoring wells internal to the units, the facility needs to phase-out most of these wells through proper abandonment as the closure activities progress in these areas. The ground water monitoring system specified in Requirement 03 of !OEM's partial approval letter is appropriate to provide adequate downgradient coverage in all observed downgradient ground water flow directions. If future ground water elevation results indicate the ground water monitoring system does not provide adequate downgradient monitoring coverage for the documented ground water flow, then Requirement 016 of IDEM's partial approval letter requires the facility to make necessary adjustments to the ground water monitoring well system.

Comment #18: Redox sensitive parameters such as arsenic, chromium and other sensitive parameters may be liberated from wastes and/or sediments in response to changes in groundwater elevation, or other changes that affect chemical equilibrium. The closure plan needs to evaluate and describe the conditions that have the potential to affect subsurface redox conditions in order to avoid unexpected releases of ash-related contaminants.

Response to Comment #18: 40 CFR 257 does not require facilities subject to 40 CFR 257 to report redox measurements. However, evaluation of redox sensitive parameters may be appropriate if the facility moves into assessment monitoring and/or corrective action. Following the issuance of IDEM's partial approval letter, the facility must submit all ground water monitoring results to IDEM for review and approval. IDEM will evaluate whether the facility adequately determined if further monitoring or remediation activities are necessary. All facets of 40 CFR 257 including detection monitoring, assessment monitoring, and corrective action, when applicable, will be required of the facility.

Comment #19: The post-closure care period is inadequate, even in the unlikely event that the elevation of the bottom of the ponds is determined to be located well above groundwater. The Closure Plan describes a post-closure care period of at least 30 years. A 30-year post-closure care period renders the proposed closure a temporary fix to a permanent problem. Over time, the processes of cap erosion and decomposition, animal burrowing, and/or anthropogenic activities will invariably result in increased infiltration of water into the waste and leaching of contamination into groundwater. Even more problematic is that the monitoring program may have been discontinued by the time that these processes manifest themselves in deteriorating water quality. The proposed Closure Plan essentially


35



pushes the problem under a cover that may last long enough that nobody will be looking.

Response to Comment #19: The closure plan complies with current regulatory requirements. In addition, requirements listed in 329 !AC 10-31-5, -6, and -7, 329 IAC 10-31-4, and 40 CFR 257.104 provide IDEM the ability to extend the post-closure care period. Please see Requirement D2 of the approval letter.

Comment #20: The Closure Plan specifies that embankments around Ash Pond A were constructed with compacted silty clay. It is important that the composition of materials used in constructing impoundment berms be identified and the risks associated with using ash in embankment construction be recognized, if ash was used.

Response to Comment #20 As stated in the comment, the embankments were constructed of soil (clay, silt loam and loam).

Comment #21: The assumption of groundwater flow to the east toward the Ohio River is an over simplification. Mounded leachate/groundwater is a common feature of ash impoundments and landfills that can have a dramatic effect on the interpreted direction of groundwater flow. In the likely event that a leachate/groundwater mound(s) exist, groundwater flow will be directed radially away from the impoundments in all directions. Review of Figure 3 shows radial flow with northerly and southerly components of flow exists from various locations in the pond system, even without wells or piezometers located near the center of inactive impoundments. The elevation of water within active ponds must be incorporated into water elevation mapping in order to identify more realistic current flow directions.

Response to Comment #21: Please see IDEM's response to Comment 17.

Comment #22: The description of the proposed statistical testing to be utilized during performance monitoring is a prime example of how statistics can be used to minimize the likelihood of detecting continuing releases of ash constituents to groundwater. A single well has to exceed its unreasonably high limit during every sampling event over a two year period in order to be identified as exceeding the goal. This is exceptionally unlikely given the highly variable groundwater flow directions in the floodplain setting.

Response to Comment #22: IDEM is not approving the proposed statistical testing described in the closure/post-closure plan dated December 16, 2016 (VFC #80398571). In response to Comment 3 of the Geology Enclosure of IDEM's Request for Additional Information dated June 15, 2018 (VFC #82561378), the facility


36

Duke Energy SW Program ID 22~UP~01


provided an addendum to the closure plan dated August 15, 2018 (VFC #82600863), stating " ... monitoring will be conducted in accordance with the requirements of 40 CFR 257 Subpart D." Requirements D11 and F3 of IDEM's partial approval letter requires submission of a complete statistical evaluation plan for review and approval that meets the requirements of 40 CFR 257.93(f) through (h).


37


Additional Comments


Supplemental Comments on the Gallagher Generating Station Ash Pond System Modified Closure & Post-Closure Plan (Comments) dated June 10, 2019 (VFC #82792719) were submitted to IDEM. The Comments essentially agree with IDEM's assertion that coal combustion residuals (CCR) must be separated from ground water to the maximum extent feasible to satisfy the closure performance standard under 40 CFR 257.102(d). IDEM received the Comments from Citizens Action Coalition, Hoosier Environmental Council, and Earthjustice. The Comments supplement previously submitted public comments dated June 24, 2017 (VFC #80500201). IDEM sent Duke Energy Indiana (DEi) a supplemental Request for Additional Information (RAI) dated December 17, 2018 (VFC #82664063). DEi responded to IDEM's RAI with a letter dated February 15, 2019 (VFC #82698641 ). The Comments address items from DEi's February 2019 letter.

Comment #23: The coal ash impoundments at Gallagher Generating Station sit below the water table and will continue to contaminate groundwater indefinitely if left in place.

Response to Comment #23: Please refer to Comment #2 response.

Comment #24: Duke Energy's argument that closure by removal is not "feasible" after groundwater has been contaminated is belied by statements by EPA and Duke and Duke's conduct.

Response to Comment #24: Even where closure by removal of CCR is feasible, the CCR rule does not mandate selection of that closure option. The owner or operator of a CCR surface impoundment may elect to leave CCR in place as long as the owner or operator satisfies the closure performance standard at 40 CFR 257.102(d).


38

Poe, Diane L

From: Sent: To: Subject: Attachments:

Poe, Diane L Tuesday, December 10, 2019 9:32 AM 'Legals' Duke Gallagher Partial Approval of Closure Plan 121019 22-UP-01 NOD.docx


Please insert for one time only the enclosed legal notice, in The News and Tribune, on Friday, December 13, 2019 (or earliest possible date).


Starting January 2019, we are asking all newspapers to provide us an estimated invoice prior to publishing this notice. You may email

it to my attention. Please include Account Number 00495 on all billing correspondence.





Diane Poe, Administrative Assistant

Permits Branch I Office of Land Quality



1


39


Eric J. Holcomb Govemor


(800) 451-6027 • (317) 232-8603 • WWW.idem.IN.gov

December 10, 2019

New Albany - Floyd County Public Library 180 West Spring Street New Albany, Indiana 47150



Dear Sir/Madam:

A copy of a permit decision for the Duke Gallagher Generating Station is enclosed. Also enclosed is a copy of the public notice announcing this permit decision and indicating the documents' availability at your library. This public notice will appear in a local newspaper soon. Please make these documents available to the public for the next 20 days since this permit can be appealed.



Anna Mishel Solid Waste Permits Section Office of Land Quality


cc with enclosures: Floyd County Health Department Floyd County Commissioners

An Equal Opportunity Employer

Floyd County Solid Waste Management District Director, Southeast IDEM Regional Office President, Plainfield Town Council

0 A State that~

@ Recycled Paper

PETITIONER'S EXHIBIT 2-D IS CONFIDENTIAL

Petitioner's Exhibit 2-E (TJT) IURC Cause No. 45253 S1

1




Dear Mr. Schwartz:


(800) 451-6027 • (317) 232-8603 • www.idem.lN.ga

August 16, 2019

Bruno L Pigott Commissioner

Re: Partial Approval of Closure/Post-Closure Plan

Wabash River Generating Station Vigo County SW Program ID 84-UP-09

Duke Energy's coal combustion residuals (CCR) surface impoundment closure and post-closure plan for the Duke Energy Wabash Generating Station, consisting of Ash Pond A, the Secondary Settling Pond, and the South Ash Pond (collectively known as the South Ash Pond System) is approved under 329 IAC 10-9-1 (c), which incorporates portions of 40 CFR 257, Subpart D (CCR regulation). This approval is subject to the terms of this letter, the closure and post-closure plans referenced in this document, and the enclosed requirements. The facility is located at 450 Bolton Road, West Terre Haute.

Please note, this approval does not include the closure of Ash Pond B, contained within the South Ash Pond System. IDEM is continuing to evaluate proposed closure activities for Ash Pond B, and any decisions related to the closure of Ash Pond B will be addressed under separate cover. Also, the closure of the North Ash Pond is not included in this approval. It will be addressed separately from the closure of the South Ash Pond System, and it has been assigned a new identification number, solid waste program ID 84-UP-10.

The South Ash Pond System closure approval encompasses approximately 160.9 acres. South Ash Pond (72.9 acres), will be closed in place. Ash Pond A (80.2 acres) and the Secondary Settling Pond (7.8 acres) with an approximate collective acreage of 88 acres, will be closed using the closure by removal option. Upon completing closure, these ponds will be subject to post-closure requirements.

Public records for your facility are available in IDEM's Virtual File Cabinet (VFC) at www.in.gov/idem. Documents related to this approval include: the closure and post-


@. Recycled Paper


2


Page 2 Request for Additional Information

closure plans dated December 21, 2016 (VFC #80398553), and additional information dated December 8, 2017 (VFC #80571379), December 14, 2017 (VFC #80574745), January 31, 2018 (VFC #80604100), February 19, 2018 (VFC #80617848), July 30, 2018 (VFC #82590172), and February 15, 2019 (VFC #82698643).



If you have any questions, please contact Anna Mishel, the Permit Manager assigned this facility, by dialing (317) 233-6725 or by e-mail at [email protected].

Sincerely,

Rebecca Eifert J niskan, Permits Branch Office of Land Quality

Enclosure: Closure and Post-Closure Plan Partial Approval Requirements Response to Comments Guidance on How to Appeal IDEM Decision

cc with enclosure: Vigo County Health Department Vigo County Commissioners Vigo County Solid Waste Management District President, West Terre Haute Town Council


3



CLOSURE AND POST-CLOSURE PLAN PARTIAL APPROVAL REQUIREMENTS





E. Financial Responsibilities for Closure and Post-Closure



4




A 1. The owner or operator must close and maintain the South Ash Pond System as described in the approved plans and specifications in the document titled "Proposed Ash Basin Closure and Post-Closure Plans -Ash Pond System," dated December 21, 2016 (VFC #80398553), the requirements of this approval, and the following submittals:

a. Document dated December 8, 2017 (VFC #80574745), response to request for additional information (RAI) dated October 16, 2017 (VFC #80540977);

b. Document dated December 8, 2017 (VFC #80571379), letter of notification of Construction of Industrial Storm Water Pond;

c. Document dated January 31, 2018 (VFC #80604100), addendum No.1 to December 8, 2017 response, regarding slope stability analyses; and

d. Document dated February 15, 2019 (VFC #82698643), response to RAI dated December 17, 2018 (VFC #82664516), regarding proposed site closure implementation plan.


The owner or operator must submit a written report to the Solid Waste Permits Section at the address listed in Requirement A3 within five business days after the event. The report must describe the event, and actions taken or planned to correct the event and prevent its recurrence.


Indiana Department of Environmental Management Office of Land Quality Solid Waste Permits IGCN 1101 100 North Senate Avenue Indianapolis, IN 46204-2251

Please provide three copies printed double-sided. An electronic copy in Acrobat PDF format on CD or DVD in place of one of the printed copies is appreciated, but not required.


5



A4. Records of all monitoring information and activities which are required to be submitted under this approval or specified in the closure or post-closure plan, must contain information listed in 329 IAC 10-1-4(a). Records must be maintained as specified in 40 CFR 257.105 and 329 IAC 10-1-4(b) and (c).



6



B. CLOSURE REQUIREMENTS

B1. The owner or operator must follow the approved closure and post-closure plans and specifications for the South Ash Pond System as described in the document titled "Proposed Ash Basin Closure and Post-Closure Plans -Ash Pond System," dated December 21, 2016 (VFC #80398553), and the following submittals:

a. Document dated December 8, 2017 (VFC #80574745); b. Document dated December 8, 2017 (VFC #80571379); c. Document dated January 31, 2018 (VFC #80604100) regarding slope

stability analyses; and d. Document dated February 15, 2019 regarding proposed site closure

implementation plan (VFC #82698643, Appendix A, pp. 55-64 of 148).

B2. The following methods of closure are approved for Wabash River Generating Station South Ash Pond System:

a. Ash Pond A - Closure by removal of CCR material and one additional foot of soil;

b. Secondary Settling Pond - Closure by removal of CCR material and one additional foot of soil;

c. South Ash Pond - Closure in place;

B3. The owner or operator must notify IDEM in writing at least 15 days before the intended date to begin closure of each area of the South Ash Pond System.

B4. The owner or operator must follow the schedule included in the closure and postclosure plans to complete the preparation activities and final closure of the South Ash Pond System.


a. Maintain drainage ditches and the sedimentation basin to prevent off-site deposition of waste and sediments. Remove sediment deposits from drainage ditches as necessary to convey storm water as designed.

b. Construct temporary run-off structures as needed in areas that are unable to drain to sedimentation basin.

c. Construct erosion control silt fences, as needed, as depicted in Detail 5 of drawing titled "Sheet 29, Details, Ash Basin Closure Plan, Wabash River Generating Station," dated November 2016 (VFC #80398553, p. 96 of 1214).


7



d. Construct erosion and surface water control structures as follows:

(1) As specified in Erosion and Surface Water Control Structures Design Information dated December 21, 2016 (VFC #80398553, Appendix I, pp. 978-1143 of 1214);

(2) As shown on drawing titled "Sheet 30R 1-32R 1, Details, Ash Basin Closure Plan, Wabash River Generating Station," dated December 2017 (VFC #80574745, pp. 95-97 of 98);

(3) As specified in document dated December 21, 2016 (VFC #80398553, Appendix I, pp. 978-1143 of 1214).

B6. The owner or operator must properly dispose of water that has been in contact with waste, in accordance with all applicable local, state, and federal laws (including 329 IAC 10-28-16 and IC 13-30-2-1).

B7. The owner or operator must perform inspections of the South Ash Pond System until completion of the final closure as described in 40 CFR 257.83 (Inspection Requirement for CCR Surface Impoundments) and as required by this approval.

B8. The owner or operator must adopt measures that will effectively minimize CCR from becoming airborne, including waste that generates fugitive dust (40 CFR 257.80) (Air Criteria) and fugitive particulate matter, in a way that does not violate the rule for fugitive dust (326 IAC 6-4) or fugitive particulate matter (326 IAC 6-5), including 326 IAC 6-5-4(g) for solid waste handling control measures (329 IAC 10-8.2-2). The owner or operator must implement dust control measures as specified in the facility's Coal Combustion Residuals Fugitive Dust Control Plan dated November 12, 2015 (VFC #82803644), and take any additional steps necessary to prevent violations of fugitive dust rules and 40 CFR 257.80.

B9. The owner or operator must follow the confirmation procedure for the removal of waste materials and one foot of additional soil from Ash Pond A and Secondary Settling Pond as described in the document dated December 8, 2017 (VFC #80571379, item 3, p. 4 of 100). The approximate bottom of ash elevation contours are depicted on the drawing titled "Sheet 18R1, Approximate Bottom of Ash Contours (Ash Pond A, Ash Pond B, Secondary Settling Pond), Ash Basin Closure Plan, Wabash River Generating Station," dated December 2017 (VFC #80574745, p. 87 of 98). Please note, even though Ash Pond Bis mentioned in the title of the drawing, the closure of this pond is not address in this approval.

B10. The owner or operator must construct the soil and CCR material structural fill as follows:

a. Soil structural fill must be placed in loose lifts not to exceed 12 inches and be compacted to 95% of the standard proctor maximum dry density.

b. CCR materials placed as structural fill at an elevation within five feet of final cover subgrade (top of CCR before placement of final cover) must be placed


8


Page 8 Partial Approval of Closure/Post~C!osure Plan

in loose lifts not to exceed 12 inches and be compacted to at least 85% of the standard proctor maximum dry density.

c. Place structural fill as described in the Quality Assurance Manual (QAM) dated December 21, 2016 (VFC #80398553, Appendix J, Section 4.1, pp. 1163-1214 of 1214).

B11. The owner or operator must construct the final cover as specified in the approved final grading plan listed below. Grading and stabilization of the final cover must be accomplished as described in 329 IAC 10-28-14.

a. Drawing titled "Sheet 25R1, "Final Cover Grading Plan (South Ash Pond) Ash Pond Basin Closure Plan, Wabash River Generating Station," dated December 2017 (VFC #80574745, p. 91 of 98).

b. Drawing titled "Sheet 24R1, Final Cover Grading Plan (Ash Pond A, Ash Pond B, Secondary Settling Pond), Ash Pond Basin Closure Plan," dated December 2017 (VFC #80574745, p. 90 of 98).

B12. The owner or operator must construct the final cover in compliance with the following specifications:

a. South Ash Pond. The final composite cover system for South Ash Pond (72.9 acres) starting from top to the bottom subgrade (top-of-existing ash) must consist of the following as shown in Detail 7 of the drawing titled "Sheet 29R1, Geomembrane Final Cover," dated December 2017 (VFC #80574745, p. 94 of 98):

• 6 inches of vegetative soil • 18 inches of uncompacted, cohesive soil • 12 inches of uncompacted soil consisting of ML, CL, CH, CL-ML,

SC, and SM in accordance with the Unified Soil Classification System (USCS).

• 12 ounce/square yard nonwoven Geotextile or geocomposite • 40 mil LLDPE, 30 PVC, or 60 mil HOPE geomembrane liner or

equivalent installed over CCR structural fill • Geosynthetic stabilization layer, as needed over the existing ash

and as specified in the closure plan

The owner or operator must place geogrid and/or geotextile (geosynthetic stabilization layer) as needed over the exposed surface of dewatered CCR and place a minimum of five feet thick CCR material structural fill above the geosynthetic layer to form a working platform for the construction of the final cover system.

b. Ash Pond A and Secondary Settling Pond. The cover system for Ash Pond A and the Secondary Settling Pond starting from top to bottom above the one-foot soil excavation subgrade (top of natural soil) must consist of the following as shown in detail 18 of the drawing titled "Sheet


9



32R1, Ash Basin Closure Plan, Wabash River Generating Station," dated December 2017 (VFC #80574745, p. 97 of 98):

• Proposed reforestation of floodplain area • 6 inches of vegetative layer • 18 inches of protective layer

c. Industrial Storm Water Pond Area. An area of structural fill at the north end of Ash Pond A is repurposed as the facility's industrial storm water pond. The liner for the Industrial Storm Water Pond starting from top to bottom above the one-foot soil excavation and soil backfill subgrade (top of backfill soils or in-situ soil) must consist of the following as shown in details 7 and 8 of the drawing titled "Details, Industrial Stormwater Pond (WR-127), Wabash River Generating Station," dated September 19, 2017 (VFC #80571379, p. 93 of 100):

• 12 inches of INDOT, No.11 crushed stone (on bottom or floor) • 15 inches of riprap (INDOT Uniform A). This layer, in addition to the

12 inches of crushed stone, will only be applied on the side slopes to control wave erosion.

• 16 ounce/square yard nonwoven geotextile • 60 mil HOPE Textured Geomembrane • Geosynthetic Clay Liner (GCL) • Soil structural fill (thickness varies)

The owner or operator must comply with the following for the Industrial Storm Water Pond:

(1) Remove CCR material and one additional foot of soil prior to construction within the footprint of the proposed industrial storm water pond. The location of the proposed Industrial Storm Water Pond relative to the limits of the CCR structural fill area at the north end of Ash Pond A, is noted on the drawing titled "Sheet 004," dated September 19, 2017 (VFC #80571379, p. 80 of 100).

(2) Excavate and verify the approximate bottom of ash contours within the footprint of the Industrial Storm Water Pond as shown on the drawing titled "Drawing 006, Approximate Bottom of CCR Materials Industrial Stormwater Pond (WR-127), Wabash River Generating Station," dated September 19, 2017 (VFC #8057471379, p. 82 of 100).

(3) Construct the Industrial Storm Water Pond as shown on drawings titled "Drawing 017-024, Details, Industrial Stormwater Pond (WR-127), Wabash River Generating Station," dated September 19, 2017 (VFC #80571379, pp. 93-100 of 100).


10

Duke Energy Page 1 O SW Program 1D 84-UP-09 Partial Approval of Closure/Post-Closure Plan

(4) Construct the Industrial Storm Water Pond as specified in the document dated December 21, 2016 (VFC #80398553, Appendix I, pp. 978-1143 of 1214).

813. The owner or operator must test and install final cover components as specified in the QAM dated December 21, 2016 (VFC #80398553, Appendix J, pp. 1144-1214 of 1214), except as otherwise noted in this approval.

814. The owner or operator must test and install the Industrial Storm Water Pond liner components as specified in the Construction Specifications dated December 8, 2017 (VFC #80571379, pp. 7-74 of 100), except as otherwise noted in this approval.

815. Upon selecting the specific materials for the composite liner system, the owner or operator must test the materials to verify the interface friction values meet or exceed the values in the approved design. If the tests show the interface friction values do not achieve the minimum factor of safety assumed in the approved plans, the owner or operator must select and test alternate materials and rerun the slope stability analysis.

816. The owner or operator must submit a final closure certification to IDEM no later than 90 days after the completion of construction of the final cover system and establishment of vegetation, or within 90 days of receipt of this closure-postclosure plan approval for closure construction activities that have already been completed. The owner or operator must submit verification of environmental restrictive covenant (ERC) and deed notation to IDEM no later than 90 days after completion of all closure activities included in this approval. The final closure certification must comply with the following:


b. Certify the final closure is constructed according to the approved closure plan and the Quality Assurance Manual (QAM).

c. A registered professional engineer must certify the closure construction complies with the approved plans and specifications.


(1) The boundaries of the certified area (2) The results of all tests conducted during construction (3) The results of the interface friction tests and any new slope stability

analyses, if applicable (4) Documentation of all storm water management features that have

been constructed or installed to the extent possible as designed. (5) Any deviation/changes from the approved closure plan must be

noted and explained in the report, if any. (6) Surveys and photographic verification for both the bottom of CCR

material excavation and one-foot of additional soil.


11




C1. The owner or operator must perform a minimum of 30 years of post-closure monitoring and maintenance including the activities specified in the facility's post-closure plan dated February 15, 2019 (VFC #82698643, Appendix A, pp. 65-73 of 148) and the following requirements:

a. Performance standards and post-closure duties, as specified in requirements of 40 CFR 257.104 and 329 IAC 10, as applicable.

b. The 30-year post-closure period will begin when all the CCR units/areas at the facility are certified closed and IDEM accepts the certifications.


C2. To be released from post-closure monitoring, the owner or operator must submit a post-closure certification statement signed by both the owner/operator and a registered professional engineer stating the post-closure care requirements have been met and the surface impoundments are stabilized. The post-closure certification is considered adequate unless, within 90 days of receipt of the post-closure certification, IDEM either notifies the owner/operator the certification is inadequate or issues a notice of deficiency indicating post-closure care is not complete, including actions necessary to correct the deficiencies.

C3. The owner or operator must comply with the facility's ERC and/or deed restriction subsequent to the completion of post-closure care certification. The owner or operator is responsible for the following:

a. Correcting and controlling any nuisance conditions occurring at the facility (329 IAC 10-31-5);

b. Eliminating any threat to human health or the environment (329 IAC 10-31-6); and

c. Performing any remedial action at the facility, if necessary (329 IAC 10-31-7).


12




D1. The owner or operator must comply with 329 !AC 10-9-1 (c) and 40 CFR 257 (Ground Water Monitoring and Corrective Action).

D2. The owner or operator must conduct ground water monitoring throughout the closure and the 30-year post-closure care period of the unit (40 CFR 257.104(c)). IDEM will extend the post-closure ground water monitoring period if the facility is under assessment monitoring, until the facility returns to detection monitoring (40 CFR 257.104(c)(2)).

MONITORING DEVICES

D3. The facility's ground water monitoring system (System) includes the following ground water monitoring wells: MW-5C, MW-10S, MW-10I, MW-10D, MW-11S, MW-11I, MW-11D, MW-12, MW-13, MW-14S, MW-14I, MW-15S, MW-15I, MW-16S, MW-16I, MW-16D, MW-17S, MW-17I, MW-18S, MW-18I, MW-18D, MW-18VD, MW-19S, MW-19I, MW-20S, MW-20I, MW-20D, MW-21S, MW-21I, MW-21D, MW-21VD, MW-24S, MW-25, MW-26S, MW-26I, MW-26D, MW-26VD, MW-35S, MW-35I, MW-36S, MW-36I, MW-37S, MW-37I, MW-37D, MW-38S, MW-38I, MW-39S, MW-39I, MW-40S, MW-41S, and MW-411.

The facility's System includes the following piezometers: MW-1 C, MW-2C, MW-3C, and MW-4C. The owner or operator will use the piezometers for the collection of static water level elevations at least semiannually during the months specified in Requirement D14 and report the results following Requirements D23 and D24.

At least 60 days before installing new monitoring devices, the owner or operator must submit a well-installation plan for IDEM approval. The plan must provide the following:

a. A map showing the location of each device with respect to the facility's entire System and current potentiometric surface.

b. A demonstration each device will yield representative ground water samples at an appropriate location and depth within the same aquifer or aquifers as the facility's existing System, and will meet the installation requirements of 40 CFR 257.91 (e).

c. Drilling methods and procedures that follow 329 IAC 10-21-4; well construction materials and details, including protocol for collecting, describing, and analyzing consolidated or unconsolidated materials (329 IAC 10-24-3(3)).

d. An example of a borehole log that includes information specified under 329 IAC 10-24-3(2).

e. Environmental qualifications of all field personnel. f. Provisions to include the installation records in the facility operating

record (40 CFR 257.91(e)(1)).


13




D4. The owner or operator must label all ground water monitoring wells and piezometers with a permanent and unique identification. When reporting well and piezometer information, the owner or operator must include the identification for each well or piezometer.

D5. The owner or operator must secure the access ways to all ground water monitoring wells and piezometers to prevent unauthorized access and maintain the access ways so they are passable year round with the exception of flooding conditions.

D6. The owner or operator must maintain all ground water monitoring wells and piezometers as follows:

a. Complete necessary repairs, other than replacement (see Requirement DB), within 10 days after discovery or other time frame approved by IDEM.


c. Repair all cracks in and around the casings and well pads that may affect the integrity of the well.

d. Control vegetation height. e. Redevelop the wells as needed.

D7. When abandoning a ground water monitoring well or piezometer that is part of the facility's approved System (see Requirement D3), the owner or operator must:

a. Submit a written proposal for approval explaining the reasons for and detailing the method of abandonment;

b. Use methods that comply with Indiana Department of Natural Resources (IDNR) regulation 312 IAC 13-10-2;

c. Notify the IDEM Geology Section by phone, e-mail, or letter at least 10 days before the date the abandonment work will occur;

d. Provide written notification of abandonment to IDEM and IDNR within 30 days after plugging is complete (IDNR (312 IAC 13-10-2(f)) requires written notice); and

e. Include the abandonment records in the facility operating record (40 CFR 257.91 (e)(1)).

D8. The owner or operator must notify IDEM by phone, e-mail, or letter within 10 days after discovering that a ground water monitoring well or piezometer has been destroyed or is not functioning properly. The owner or operator must repair the well or piezometer if possible. If the well or piezometer cannot be repaired, then within 30 days after discovery, the owner or operator must submit a proposal for abandonment or replacement.


14


PLANS


D9. The owner or operator must follow an IDEM approved Sampling and Analysis Plan (SAP) that meets the minimum requirements listed in 40 CFR 257.93(a) through (e), and (i). (See Requirement F1)

D10. The owner or operator must follow an IDEM approved Quality Assurance Project Plan (QAPP) that meets the requirements listed in 40 CFR 257.93(a) and (b}. (See Requirement F2)

D11. The owner or operator must follow an IDEM approved Statistical Evaluation Plan (StEP) that meets the minimum requirement listed in 40 CFR 257.93(f) through (h). (See Requirement F3)

D12. If IDEM requests a revision to a SAP, QAPjP, or StEP, the owner or operator must submit the revised plan(s) for approval. The owner or operator must submit the plan(s) within 60 days after receiving the request. This submittal must include one original paper copy and one PDF electronic file of each plan. The owner or operator must not implement the revised plan(s) before receiving approval.

D13. If the owner or operator makes design changes to the existing System listed in Requirement D3, the owner or operator must submit a revised SAP, and if applicable a revised QAPjP, or StEP for approval. The owner or operator must submit the plans within 60 days after completing all field activities associated with the design changes. This submittal must include one original paper copy and one PDF electronic file of each plan. The owner or operator must not implement the revised plans before receiving approval.

MONITORING PROGRAMS

D14. The owner or operator must sample the ground water monitoring wells (see Requirement D3) semiannually during May and November of each year. Each sample must be analyzed following the Detection Monitoring Program (40 CFR 257.94) for the following Appendix Ill constituents:

a. Total Boron b. Total Calcium c. Chloride d. Fluoride e. Field pH f. Sulfate g. Total Dissolved Solids

The owner or operator may demonstrate an alternative frequency of sampling for the Appendix Ill constituents following 40 CFR 257.94(d).


15



When applicable, each sample must be analyzed following the Assessment Monitoring Program (40 CFR 257.95) for the following Appendix IV constituents:

a. Total Antimony b. Total Arsenic c. Total Barium d. Total Beryllium e. Total Boron f. Total Cadmium g. Total Chromium h. Total Cobalt i. Fluoride j. Total Lead k. Total Lithium I. Total Mercury m. Total Molybdenum n. Total Selenium o. Total Thallium p. Radium 226 and 228 combined

For specific metal constituents, the owner or operator may incorporate historic filtered (dissolved) results into the background data set instead of collecting a minimum of eight additional independent samples (40 CFR 257.94(c)) for the unfiltered (total recoverable) metal results, if the results for the filtered metal is no greater than 20% of the relative percent difference of the unfiltered metal. The owner or operator may propose an alternative method for incorporating historic results of the specific dissolved metal into the background data set for review and approval.

Whenever results of total chromium occur at or above its background concentration or maximum contaminant level, whichever is the higher concentration, the owner or operator must speciate and report both trivalent and hexavalent chromium.

D15. The owner or operator must use the results of the static water level measurements from the System listed in Requirement D3 to prepare potentiometric surface maps or ground water flow maps for each screened interval (shallow "S," intermediate "I," deep "D," and very deep "VD") that include the following information:


b. Ground water elevations for each well and piezometer, and surface water elevations for the Wabash River. The owner or operator must measure all static water levels on the same day and as close in time as possible before the purging and sampling event.


16




d. Ground-surface elevation at each well and piezometer. e. Facility property boundaries. f. Identification of the aquifer represented, either by a name or elevation. g. Solid waste fill boundaries. h. Facility name and county. 1. Map scale, north arrow, ground water flow direction arrows, and

potentiometric-surface contour intervals. j. Indications of which wells are considered background, upgradient, or


D16. If a ground water flow map indicates the ground water flow direction (including flow reversals) is other than anticipated in the design of the System listed in Requirement D3, then the owner or operator must notify IDEM of the difference in the ground water monitoring report submitted for Requirement D23. The notification must include either of the following: information demonstrating that the System complies with 40 CFR 257.91 (c); or a proposal to revise the System design for IDEM approval.

The owner or operator must determine if the System complies with 40 CFR 257.91 (c) within 7 days of initiating the scheduled semiannual sampling event. With IDEM approval, the owner or operator may postpone the scheduled semiannual sampling event in 30-day increments if they determine that the System does not comply with 40 CFR 257.91 (c).

If the owner or operator determines a ground water flow reversal occurred during a scheduled semiannual sampling event, then data from that sampling event must not be utilized in statistical evaluations or incorporated into the background ground water quality calculations specified in the StEP. Additionally, the owner or operator must immediately schedule a replacement sampling event in order to complete the required semiannual evaluation for ground water releases from the facility. Within 7 days of scheduling the replacement sampling event, the owner or operator must notify IDEM of the schedule.

If design changes to the existing System listed in Requirement D3 are necessary, then the owner or operator must make the changes within 30 days after receiving IDEM approval of the revised design, or within another time frame approved by IDEM.

D17. The background ground water monitoring well (MW-SC) must provide ground water samples that represent historical conditions unaffected by a CCR unit or facility activities that may contribute Appendices Ill and IV constituents listed in Requirement D14 against which background comparisons occur. Any background well added to the facility's System listed in Requirement D3 also must:


17



a. Establish background ground water quality for the Appendices Ill and IV constituents listed in Requirement 014.

b. Determine the background ground water quality by sampling each new well for eight independent sampling events within 12 months after the well's installation, unless the owner or operator can justify to IDEM an extended period of no more than 12 additional months.

If the owner or operator or IDEM determines the current System (see Requirement 03) does not have the required background well(s), then, within 60 days, the owner or operator must submit a plan per Requirement 03 proposing to establish new or additional background wells for the current System for IDEM review and approval. This plan must include well location(s) for obtaining background ground water quality samples that satisfy the specifications of this requirement.

018. The owner or operator must implement the StEP identified in Requirement 011 and include the outcome of each statistical determination in a statistical evaluation report (see Requirement O23.d).

019. The owner or operator must implement a detection monitoring program consistent with 40 CFR 257.94 and the StEP. If the owner or operator determines there is a statistically significant increase (SSI) over background for one or more of the Appendix Ill constituents listed in Requirement 014 at any of the downgradient ground water monitoring wells, then the owner or operator must comply with one of the following requirements:

a. Within 30 days of determining an SSI, submit an assessment monitoring program plan meeting the requirements of 40 CFR 257.95 to IDEM for approval (40 CFR 257.94(e)(1)). Within 90 days of determining an SSI, the owner or operator must implement an assessment monitoring program following the assessment monitoring plan; or

b. Demonstrate that a source other than the CCR unit caused the SSI over background levels for a constituent, or that the SSI resulted from error in sampling, analysis, statistical evaluation, or natural variation in ground water quality (40 CFR 257.94(e)(2)). Within 90 days of detecting an SSI over background levels, the owner or operator must complete and submit the written demonstration to IDEM for approval.

If the demonstration is approved, the owner or operator may continue with a detection monitoring program for any unit for which the demonstration was made.

020. Within 90 days of finding that any of the Appendix IV constituents listed in Requirement 014 have been detected at a statistically significant level exceeding the ground water protection standards (40 CFR 257.95(h)), the owner or operator must comply with one of the following requirements (40 CFR 257.95(g)(3)):


18

Duke Energy SW Program 1D 84-UP-09


a. Complete the assessment of corrective measures as required by 40 CFR 257.96, and submit the results of the corrective measures assessment to I DEM for approval. As part of the selection of corrective measures, the owner or operator must include an evaluation of potential ground water flow reversals on the System. The 90-day deadline to complete the assessment of corrective measures may be extended for no longer than 60 days. As soon as feasible and after receiving IDEM approval, the owner or operator must implement Requirement D21; or

b. Demonstrate that a source other than the CCR unit caused the contamination, or that the statistically significant level exceeding the ground water protection standard resulted from error in sampling, analysis, statistical evaluation, or natural variation in ground water quality consistent with 40 CFR 257.95(g)(3)(ii). Within 90 days of detecting a statistically significant level exceeding the ground water protection standard, the owner or operator must complete and submit the written demonstration to IDEM for approval.


D21. Within 90 days of IDEM's approval of the corrective measures assessment, the owner or operator must submit the selected remedy to IDEM for review and approval. The selected remedy must, at a minimum, meet the standards listed in 40 CFR 257.97(b), (c), and (d). At least 30 days before submitting the selected remedy, the owner or operator must hold a public meeting with interested and affected parties.


REPORTING

D23. The owner or operator must submit a ground water monitoring report that includes the results obtained from the implementation of Requirements D14 or D17 no later than 60 days after each ground water monitoring event with the following exceptions:

• The owner or operator must submit radium-specific information no later than 90 days after the ground water monitoring event.

• If the owner or operator implements a verification resampling program,


19



then the owner or operator must submit verification resampling results no later than 30 days after the last verification event. Verification resampling is defined in the March 2009 Statistical Analysis of Groundwater Monitoring Data at RCRA Facilities (EPA 530/R-09-007).

The owner or operator must submit the report to the IDEM Solid Waste Permits Section at the address listed in Requirement A3 in one unbound paper copy and in one electronic PDF file. The report must include the following:

a. One original, unbound, laboratory-certified report with analytical results, field parameters (see Requirement 024), field sheets, and chain-ofcustody forms. The laboratory-certified report must include the following: detection limit for each chemical constituent, date samples collected, date the laboratory received the samples, date the laboratory analyzed the samples, date the laboratory prepared the report, method of analysis the laboratory used for each constituent, sample identification number for each sample, and results of all sample analyses.

b. All information specified in Requirement 015 and a table summarizing the static water level and ground water elevation for each well and piezometer.

c. An evaluation of the ground water quality, recent notifications of any compliance issues related to a problematic well or piezometer (see Requirement 08), special field observations and procedures, and deviations from the SAP.

d. One original unbound copy of the statistical evaluation report (see Requirement 018).

The owner or operator may mail the PDF copy and electronic data file specified in Requirement 024 on a CD-ROM or DVD. The owner or operator must clearly label the PDF copy and electronic data file with the facility name and a brief description of the file. Alternatively, the owner or operator may email the PDF copy and electronic data file to the IDEM Solid Waste Permits Section at the address listed in Requirement A3 and carbon copy [email protected]. The email must include the facility name and a brief description typed in the email's subject heading.

024. The owner or operator must submit one electronic data file of the analytical results and field parameters from the System (see Requirement 03) formatted as an ASCII, tab-delimited text file. The electronic data file must contain the facility's name, SW Program ID number, and the name of the analytical laboratory. Additionally, the file must include the fields listed below for the analytical results and as applicable, the following field parameters: pH, specific conductance, temperature, turbidity, well depth, depth to water, and static water elevation.



20



b. SamplePointName: Names of ground water monitoring wells, piezometers, leachate wells, surface water collection points, etc.

c. LaboratorySample ID: ID assigned to the sample by the laboratory. d. Sample Type: Regular, duplicate(s), trip blank(s), equipment blank(s),

field blank(s), verification re-sample(s), and replicate(s). e. SpeciesName: Chloride, sodium, ammonia, field pH, etc. The order of


f. Concentration (results): The entry must be a number. Please do not enter text, such as {/NA," 11 ND,1' or u<. 11

g. ConcentrationUnits: mg/I, µg/1, standard units for pH, degrees Celsius (°C) or degrees Fahrenheit (°F) for temperature, and um hos/cm for specific conductance.

h. Detected: Yes or no. 1. Detection limit. j. AnalyticalMethods. k. EstimatedValue: Indicate "Yes" if the reported concentration is an



m. SampleMedium: Ground water, leachate, surface water, etc. n. ProgramArea: Solid Waste.

Additional guidance on electronic data file submittals is available on IDEM's website at http://www.in.gov/idem/landquality/2369.htm or by emailing questions to [email protected].

D25. The owner or operator must retain laboratory quality assurance/quality control (QA/QC) documentation from valid analyses of ground water samples for at least three years.

Upon IDEM request, the owner or operator must submit the laboratory QA/QC for a specified ground water monitoring data package, in one paper copy and one electronic copy in PDF format, within 60 days after receiving the request. The "Solid & Hazardous Waste Programs, Analytical Data Deliverable Requirements: Supplemental Guidance" provides additional information about laboratory QA/QC. The guidance is available on IDEM's website at www.in.gov/idem/landquality/files/sw_resource_data_deliverable_reqs.pdf.


21




E1. The owner or operator must update and maintain a financial assurance mechanism as specified in 329 IAC 10-39 in an amount not less than the estimated costs of closure and post-closure in the approved closure and postclosure plan for Ash Pond A, the Secondary Settling Pond, and the South Ash Pond. The owner or operator must submit signed originals of the financial assurance mechanism and updates used to meet this requirement.




c. The owner or operator may revise the cost estimates to account for changes which reduce the cost of closure or post-closure. The owner or operator must provide documentation supporting reduced cost-estimates, for example, letters and maps documenting areas certified as closed.


e. The owner or operator must submit documentation showing the financial assurance mechanism is current to cover the estimated costs of closure and post-closure. The owner or operator must submit signed originals of the financial assurance and/or updates used to meet this requirement.


22




F1. Within 60 days after receiving this IDEM Approval Letter, the owner or operator must submit a Sampling and Analysis Plan (SAP) that meets Requirement 09. The SAP must describe sampling protocols, equipment, and methods for collecting samples to be analyzed for constituents listed in Requirement 014. The owner or operator must implement the SAP upon IDEM's written approval. The submittal must include one original paper copy and one PDF electronic file.

F2. Within 60 days after receiving this IDEM Approval Letter, the owner or operator must submit a Quality Assurance Project Plan (QAPiP) that meets Requirement 010 for the constituents listed in Requirement 014. The owner or operator must implement the QAPjP upon IDEM's written approval. The submittal must include one original paper copy and one PDF electronic file.

F3. Within 60 days after receiving this IDEM Approval Letter, the owner or operator must submit a Statistical Evaluation Plan (StEP) that meets Requirement 011. The StEP is effective upon IDEM's written approval. The submittal must include one original paper copy and one PDF electronic file.

In the StEP, the owner or operator must present the data distribution assumptions. The statistical procedures must be appropriate for the data distribution and provide a balance between the probability of falsely identifying a statistically significant difference and the probability of failing to identify a statistically significant difference. To achieve the balance, the owner or operator should consider the background sample sizes, the number of individual statistical tests performed, the number of ground water monitoring wells, and the specific verification resampling method. The statistical procedures must account for analytical results below method detection limits.

F4. Within 90 days of receiving the construction in a floodway permit from IDNR, the owner or operator must install monitoring wells MW-35S, MW-35I, MW-36S, MW-36I, MW-37S, MW-37I, MW-37O, MW-38S, MW-38I, MW-39S, MW-39I, MW-40S, MW-41S, and MW-41I (Follow Requirement 03 for the installation of wells). The owner or operator must meet Requirements O3.c, O3.e, and O3.f.

F5. Within 60 days after completing the ground water monitoring well installations described in Requirement F4, the owner or operator must submit a wellinstallation report that includes a soil boring log, a well construction diagram, and a completed IDNR Record of Water Well form (State Form 35680) for each well installed.

F6. The owner or operator must establish a financial assurance mechanism as specified in 329 IAC 10-39 in an amount not less than the estimated costs of closure and post-closure in the approved closure and post-closure plan for Ash Pond A, the Secondary Settling Pond, and the South Ash Pond no later than 45


23



days after receipt of this approval and submit proof of the establishment of the financial assurance to IDEM no later than 60 days after receipt of this approval.

F7. Within 60 days after receiving this IDEM Approval Letter, the owner or operator must submit for IDEM approval a work plan for the installation of ground water monitoring wells to provide additional downgradient coverage along the facility's property boundary.

FS. The owner or operator must notify IDEM at least 30 days before terminating the NP DES permit for managing and discharging storm water and contact water from the CCR units at the facility.

F9. The owner or operator must provide the following documentation to IDEM and receive approval before using lime kiln dust for stabilizing the ash in the South Ash Pond System:

a. The source of the lime kiln dust, waste classification determination, and the metallic contents of the material

b. The location for the stockpile of the lime kiln dust c. Procedures for mixing the lime kiln dust with ash


24


Proposed Closure and Post-Closure Plans for the South Ash Pond System located at Duke Energy's Wabash River Generating Station 84-UP-09

Documents: Closure Plan RAI #1 Response to RAI #1 Response to RAI #1 Addendum 1 Response to RAI #1 Addendum 2 RAl#2 Response to RAI #2

Comment#1:

Date: 12.21.16 10.16.17 12.14.17 02.05.18 02.22.18 12.17.18 02.15.19

VFC#: 80398553 80540977 80574745 80604100 80617848 82664516 82698643

The plan leaves coal ash sitting in groundwater, so it will not control the infiltration of liquids into the ash as required by the federal rule. At Wabash Ash Pond B, the bottom of the ash is at an elevation of 450 feet above mean sea level (amsl) (closure plan, pdf page 85) while the groundwater elevations are 453 - 460.47 feet amsl (closure plan pdf page 53), so at least the bottom 3 feet of ash are currently sitting in the groundwater. Pond B is unlined so there is no barrier between the ash pond and the groundwater. The groundwater elevations at this site are under the influence of the Wabash River so capping the ash is not likely to change the groundwater elevation. If the ash remains below the water table and resting in the groundwater, the closure plan will not "control, minimize or eliminate the infiltration of liquid into the ash" at Wabash Pond B.

Response to Comment #1: While Ash Pond B is included in the closure plan for SWID 84-UP-09, it is not included in this decision.

Comment#2: The plan leaves coal ash sitting in groundwater, it also will not control releases of leachate into the groundwater as required by the federal rule. The plan also will not control escape of leachate into the groundwater as required by the Indiana regulation (Indiana solid waste regulations at 329 IAC 10-30).

Response to Comment #2 This approval addresses closure of Ash Pond A, Secondary Settling Pond, and South Ash Pond. All of these units are subject to 40 CFR 257, Subpart D. Closure of these ponds will not leave coal ash in contact with ground water. Any releases from the units subject to this partial closure plan approval will be addressed through the processes outlined in 40 CFR 257.

Comment#3: The plan will not allow Duke to remove all liquids from the ash prior to closure as required by the federal rule since the ash is sitting in groundwater "(i) Free liquids must be eliminated by removing liquid wastes or solidifying the remaining wastes and waste residues."

Response to Comment #3: Ash Pond A and Secondary Settling Pond will be closed by removal, and the South Ash Pond is dewatered and has a liner system. Therefore the removal of free liquids has been addressed.

While Ash Pond Bis included in the closure plan for SWID 84-UP-09, it is not included in this decision.


25

Comment#4: The plan is leaving coal ash in the floodplain of the Wabash River. The ash will be covered with a synthetic fabric and 30 inches of soil topped with vegetation, and the side toward the river will be covered with riprap up to the 100-year flood level. However, flooding could move the riprap and erode the underlying soil, so the plan will not prevent the sloughing or movement of the final cover as required by the federal rule 257.102(d)(2)(iii) - "(iii) Include measures that provide for major slope stability to prevent the sloughing or movement of the final cover system during the closure and post-closure care period." Pond B is going to be closed with an impermeable cap. With the current plan for Ash Pond A and Pond B, these protections will not prevent erosion of the berm every time the flood waters reach it. Flood waters could move riprap and cause sloughing. Therefore, the closure plan does not include measures to prevent sloughing or movement of the final cover. With coal ash left in the floodplain, the plan will not control the release of the ash as required by both the Indiana and federal rules. Eventually the Wabash River will shift its course, as rivers do, and then it could erode into the North Pond cap causing a release of the ash. Closing the North Pond ash in place on the floodplain is, therefore, not a "manner that controls postclosure escape of water" per Indiana's Rule 30. For the same reason, closure of Pond B in the floodplain will not "control, minimize or eliminate, to the maximum extent feasible, ... release of CCR" as required in the federal rule at 257.102(d)(1)(i).

Response to Comment #4: It should be noted that some of these comments were made on the original closure plan prior to additional modifications/changes and addendums to the original submittal. To clarify, there will be no ash left in the floodplain because the facility is proposing to remove all ash from Ash Pond A and Secondary Settling Pond. Ash Pond A and Secondary Settling Pond will be closed by removal of ash. Ash removed from Ash Pond A and Secondary Settling Pond will be used as a structural fill for closure-in-place of South Ash Pond. South Ash Pond is above the 100-year flood plain.

Please note, the northern portion of Ash Pond A, after removal of ash, will be lined with geomembrane liner and be used as an Industrial Storm Water pond in the future.

The owner or operator is proposing closure by removal for Ash Pond A and Secondary Settling Pond which are in the 100-year flood plain. This closure plan proposes to excavate all ash and one foot into natural soil beneath the ash, and cover the area with 18 inches of clay type of soil and six inches of topsoil. This activity will be performed by qualified personnel and will be documented and submitted to OLQ as a Construction Certification Report. Construction certification activities and the related report are specifically addressed in approval Requirement B16.

In regards to the comment about the movement of riprap placed up to 100-year flood level and slope stability issue, the closure plan includes detailed slope stability analysis by a qualified professional engineer to ensure that the dikes are stable and protected from repeated flooding with an acceptable factor of safety requirements. In addition, the facility is required to maintain all components of the final cover system, including the riprap and the soil beneath it, during the 30-year post-closure period, as well as subsequent to the post-closure certification at the end of the post-closure period. In the event there is some movement of riprap, the owner or operator is required to replace riprap as part of the post-closure maintenance.

Please note, North Ash Pond is not part of this closure plan and is not subject to the CCR Rule. Closure of the North Ash Pond will be evaluated separately in accordance with the state rule.

Comment#S: The plan does not include the location of the well(s) used to determine background concentrations. It should be noted that groundwater beneath floodplains generally flows somewhat downstream rather than directly toward or away from the river.

Response to Comment #5: Ground water monitoring well MW-SC (VFC #82679840, page 6 of 9; VFC #82623303, pages 2 and 4 of 4; VFC #82596072, pages 5 and 6 of 12) was proposed by the facility and approved by IDEM as an appropriate background well to compare background ground water quality against ground water samples from wells downgradient of the waste boundary.


26

Comment#G: The plan does not include the comparison of groundwater concentrations near the ash ponds to background.

Response to Comment #6: Ground water monitoring well MW-5C (VFC #82679840, page 6 of 9; VFC #82623303, pages 2 and 4 of 4; VFC #82596072, pages 5 and 6 of 12) was proposed by the facility and approved by IDEM as an appropriate background well to compare background groundwater quality against wells near the waste boundary. The ground water monitoring system as described in the forthcoming approval will be used to compare results from the background well to potentially affected downgradient wells' monitoring results. The facility began collecting background water data from ground water monitoring well MW-5C on March 18, 2016 (VFC #80453536), and most recently reported MW-5C results to IDEM in the November 2018 Semi-annual Groundwater Monitoring Report dated January 18, 2019 (VFC #82679941). IDEM suggested additional background ground water monitoring wells due to potential issues resulting from the downstream location of MW-5C. However, the facility has demonstrated a lack of viable alternative locations. Additionally, the facility has demonstrated that MW-5C currently does not exhibit any elevated concentrations of CCR chemical constituents when compared to downgradient ground water monitoring wells. Therefore, IDEM is allowing the facility to use MW-5C to determine background concentrations with the understanding that any indication of coal combustion residual impacts at MW-5C will result in a reassessment and replacement of the background well location.

Comment#?: The plan does not include the testing for some of the constituents required in the CCR Rule, Appendix IV

Response to Comment #7: Ground water monitoring constituents were updated in the response to request for additional information received December 14, 2017 (VFC #80574745, pages 27 through 29 of 98). IDEM staff have reviewed and approved the specified constituents for inclusion in the closure plan. The ground water monitoring report for the south ash impoundment system dated January 18, 2019 (VFC #82679941), includes analyses for all Part 257 Appendix IV chemical constituents plus total/dissolved iron, total/dissolved magnesium, total/dissolved manganese, total/dissolved potassium, total/dissolved sodium, total/dissolved strontium, and total/dissolved aluminum.

Comment#B: The plan does not include sample collection, preservation, shipment, analytical, chain of custody, and quality assurance and quality control procedures for groundwater monitoring. Instead the closure plan states that those procedures will be prepared after approval of the plan: "A groundwater sampling and analysis plan that describes the sampling protocols, sampling methods, monitoring points, and monitoring parameters will be prepared within 90 days following !OEM's approval of this Closure Plan." The first 8 sampling events must be completed and analyzed by October 17, 2017, and those samples should be collected and handled according to acceptable procedures. 90 days following the approval of this closure plan will be far too late to have procedures in place for the initial 8 samples.

Response to Comment #8: On October 17, 2017 (VFC #80555214) the facility submitted a ground water monitoring report containing samples from 30 wells at the site over 8 sampling events from June 2016 to August 2017. The report evaluated the data as outlined in section 40 CFR 257.90(e).

This decision approves the ground water monitoring system. Prior to this decision, the facility was required to follow the requirements in the self-implementing federal rule.

Comment#9: The plan does not clarify as to whether testing for metals is done on unfiltered samples. It is uncertain whether the metal values reported in the Wabash groundwater samples were measured as total recoverable metals in unfiltered samples since there is no sampling procedure in the closure plan.


27

Response to Comment #9: The Field Data Sheets contained in the ground water monitoring report dated October 17, 2017 (VFC #80555214), indicate the field staff did not field-filter the samples. The analytical laboratory reports from 2018 and 2019 (VFC #s 80584708, 82582498, and 82679941) indicate the facility directed the laboratory to test ground water samples for metals on unfiltered samples. The public may review total recoverable metals results from unfiltered Wabash ground water samples in the following ground water monitoring reports dated:

• January 2, 2018 (VFC #80584708) • July 13, 2018 (VFC #82582498) • January 18, 2019 (VFC #82679941)

Comment #1 O: The plan does not specify constituents assessed for detection monitoring, CCR Rule Appendix Ill.

Response to Comment #1 O: Ground water monitoring constituents were updated in the response to request for additional information dated December 14, 2017 (VFC #80574745, pages 27 through 29 of 98). The Plan has been revised to include all Appendix Ill and Appendix IV constituents.

Comment #11: The plan does not specify the specific steps required after detection of groundwater contamination.

Response to Comment #11: 40 CFR 257.94(e) states: "If the owner or operator of the CCR unit determines, pursuant to § 257.93(h) that there is a statistically significant increase over background levels for one or more of the constituents listed in appendix Ill to this part at any monitoring well at the waste boundary specified under§ 257.91 (a)(2), the owner or operator must: (1) Except as provided for in paragraph (e)(2) of this section, within 90 days of detecting a statistically significant increase over background levels for any constituent, establish an assessment monitoring program meeting the requirements of§ 257.95."

IDEM will require the facility to follow the steps specified in 40 CFR 257 if detection of a statistically significant increase in ground water contamination occurs. As specified above, any necessary assessment monitoring or corrective action requirements will be considered and approved by IDEM if the ground water monitoring system in the approved closure plan detects a statistically significant impact to ground water, as defined in 40 CFR 257.93{f), (g), and (h).

Comment #12: The federal CCR Rule 257.94{b) requires 8 groundwater samples by October 17, 2017. The publically available summary document on the March 2016 sampling at Wabash lacks several of the required constituents from appendix IV of the CCR Rule: antimony, beryllium, cobalt, lithium, thallium, and radium. The plan states, "After an initial compressed sampling frequency, to collect at least eight independent data points, the monitoring wells will then be sampled on a semi-annual basis."

Response to Comment #12: 40 CFR 257.94{b) states: "Except as provided in paragraph (d) of this section, the monitoring frequency for the constituents listed in appendix Ill to this part shall be at least semiannual during the active life of the CCR unit and the post-closure period. For existing CCR landfills and existing CCR surface impoundments, a minimum of eight independent samples from each background and downgradient well must be collected and analyzed for the constituents listed in appendix Ill and IV to this part no later than October ,17, 2017. For new CCR landfills, new CCR surface impoundments, and all lateral expansions of CCR units, a minimum of eight independent samples for each background well must be collected and analyzed for the constituents listed in appendices Ill and IV to this part during the first six months of sampling."


28

Based on our review of the data, the facility completed eight ground water sampling events for Appendix Ill and Appendix IV constituents before October 17, 2017. The dates of the sampling events are as follows:

• June 22, 2016 • August 17, 2016 • October 4, 2016 • December 1, 2016 • February 2, 2017 • March 22, 2017 • May 24, 2017 • July11,2017

So while the March 2016 sampling event may not have reported several of the Appendix IV constituents, the facility still met the requirements of 40 CFR 257.94(b). The public may view the ground water monitoring report summarizing the eight sampling events noted above at the following internet location: https://www.duke-energy.com/ /media/pdfs/our-company/ash-management/wr-annl-gmcarpapa.pdf?la=en The report is titled "CCR Annual Groundwater Monitoring and Corrective Action Report" and dated December 27, 2017. The facility uploaded the report to its public website on February 6, 2018 under the "Groundwater Monitoring and Corrective Action Report" category.

Comment #13: The Wabash closure plan proposes to characterize groundwater quality without using pH or fluoride, as listed in the CCR Rule Appendix Ill. The plans states "For purposes of evaluating the relationship between wells and characterizing the groundwater quality the following six (6) parameters were specifically considered:

• Barium

• Boron

• Calcium

• Chloride

• Sulfate • Total Dissolved Solids"

The Wabash closure plan goes on to imply that Duke Energy could revise the list of constituents in the future rather than complying with the constituents required by the CCR Rule: "Following collection of eight rounds of groundwater monitoring results, the analytical parameter list may be revised if continued monitoring of specified parameters is not beneficial ... "

Response to Comment #13: Ground water monitoring constituents were updated in the response to request for additional information dated December 14, 2017 (VFC #80574745). See the facility's responses to Geology Enclosure Items 11 and 12, and the revised Table 5 for details. Fluoride and pH are included in the new constituent list and are included in the approved closure plan. The Plan has been revised to include all Appendix Ill and Appendix IV constituents.

Comment#14: Instead of following the CCR Rule requirements, the Wabash closure plan proposes to respond to the detection of impacted groundwater by continuing the detection monitoring for two years until at least 4 exceedances have occurred. The plan makes no mention of instituting assessment monitoring as the CCR Rule requires. The plan states, "If the goal level is exceeded in a particular well or wells, Duke Energy will collect an additional groundwater sample from the well(s) exceeding goal(s) within thirty days of receipt of validated analytical results to verify the detected concentration. If the concentration(s) exceeding goal(s) are verified, monitoring will continue on the schedule semiannual ... If after at least four sampling events it is determined that an increasing concentration shift may exist, Duke Energy will increase the monitoring frequency to quarterly ... ". There is no mention in the Wabash plan of the series of steps required in the CCR Rule at 257.95 following detection of a statistically significant increase over background.


29

Response to Comment #14: The facility updated ground water monitoring and statistical procedures in the response to request for additional information dated December 14, 2017 (VFC #80574745). See the facility's response to Geology Enclosure Item 11 for details. IDEM and the facility continued correspondence regarding this issue in the Response to Request for Additional Information Proposed Site Closure Implementation (Second RAI Response) dated February 15, 2019 (VFC #82698643). See pdf pages 49 through 51 of the Second RAI Response for details. Both documents address assessment monitoring and steps following detection of a statistically significant increase over background, as required by 40 CFR 257. 95. Requirements D14, D19, and D20 of this partial closure plan approval require the facility to comply with the ground water monitoring procedures at 40 CFR 257.95.

Comment#15: The CCR rule requires selection of corrective action if ground water has been impacted. In contrast, the Wabash closure plan, after waiting the two extra years, states that "then Duke Energy will take action to determine what steps to take to mitigate the degradation in effectiveness of the closure action." Again, the Wabash plan does not follow the CCR requirements and makes no reference to the corrective action requirements of the CCR Rule.

Response to Comment #15: The facility updated ground water monitoring and statistical procedures in the response to !OEM's Request for Additional Information dated December 14, 2017 (VFC #80574745). See the facility's response to Geology Enclosure Item 11 for details. I DEM and the facility continued correspondence regarding this issue in the Response to Request for Additional Information Proposed Site Closure Implementation (Second RAI Response) dated February 15, 2019 (VFC #82698643). See pdf pages 49 through 51 of the Second RAI Response for details. Both documents address the corrective actions, as required by 40 CFR 257.96 and 40 CFR 257.98. Requirements D20, D21, and D22 of this partial closure plan approval require the facility to comply with 40 CFR 257.96, 40 CFR 257.97, and 40 CFR 257.98.

Comment #16: The federal CCR Rule specifies certain elements that must be part of the closure plan: §257.102(b) Written closure plan-(1) Content of the plan. The owner or operator of a CCR unit must prepare a written closure plan that describes the steps necessary to close the CCR unit at any point during the active life of the CCR unit consistent with recognized and generally accepted good engineering practices. The written closure plan must include, at a minimum, the information specified in paragraphs (b)(1 )(i) through (vi) of this section.

(vi) A schedule for completing all activities necessary to satisfy the closure criteria in this section, including an estimate of the year in which all closure activities for the CCR unit will be completed. The schedule should provide sufficient information to describe the sequential steps that will be taken to close the CCR unit, including identification of major milestones such as coordinating with and obtaining necessary approvals and permits from other agencies, the dewatering and stabilization phases of CCR surface impoundment closure, or installation of the final cover system, and the estimated timeframes to complete each step or phase of CCR unit closure.

When preparing the written closure plan, if the owner or operator of a CCR unit estimates that the time required to complete closure will exceed the timeframes specified in paragraph (f)(1) of this section, the written closure plan must include the site-specific information, factors and considerations that would support any time extension sought under paragraph (f)(2) of this section.

The Wabash closure plan does not include a schedule as required by the federal CCR Rule. Response to Comment #16:

The owner or operator provided written closure and post closure plan to comply with CCR rule 257.102(b) and 329 IAC 10-30-4 (Closure Plan) and 329 IAC 10-31-3 (Post-Closure Plan). The projected date of closure is 2023.

Reference: Please see updated Closure and Post-Closure plans (VFC #82698643, Appendix A, pages 55 through 73 of 148), dated February 15, 2019.


30

Comment #17: The monitoring at Wabash includes testing groundwater for total chromium. Hexavalent chromium (CrVI) is the most toxic form and is a powerful carcinogen. The Electric Power Research Institute tested for total chromium, Crill, and CrVI in coal ash leachate from 29 different coal ash facilities. They found that chromium in coal ash leachate was more often CrVI: "Analysis of speciation samples indicated that ash leachate is usually dominated by As(V) and Cr(VI). Therefore, it would be more relevant to human health and more in keeping with likely leaching to test the Wabash leachate for CrVI. We would like to request that groundwater monitoring at Wabash include hexavalent chromium (CrVI). The Indiana screening level for CrVI in groundwater is 0.35 micrograms/liter, so the sample analysis would need to be sensitive enough to have a limit of detection no higher than 0.35 ug/L.

Response to Comment #17: Requirement 014 of this partial closure plan approval requires speciation of chromium, including the concentration of hexavalent chromium (CrVI), if the facility detects a total chromium concentration in ground water at or above the background concentration or the U.S. Environmental Protection Agency's Drinking Water Maximum Contaminant Level of 100 micrograms per liter, whichever concentration is higher. IDEM agrees that the Indiana Remediation Closure Guide screening level for hexavalent chromium is 0.35 micrograms per liter, and that any analysis of ground water for hexavalent chromium needs to have a minimum detection limit of 0.35 micrograms per liter.

Comment#18: If this plan is implemented the berms around the ash ponds will be supporting a large additional weight. The plan does not directly describe an assessment of whether they have the structural capacity to bear the additional weight. Other than the modifications of the berms between the Pond A area and Pond B - Settling Pond, the plan makes no other mention of strengthening the ash pond berms. The berms around the Wabash ash ponds are not covered by the impermeable cap, so they are subjected to weather. Over time weathering can weaken them. We would like to request an evaluation by Duke of the structural ability of the berms around the Wabash ash ponds to carry the additional weight of the cover and to address the weathering to date and future weathering of the berms.

Response to Comment #18: The facility provided detailed slope stability analyses to address this concern. The factor of safety provided with these analyses is satisfactory. Concern over weathering of the berm is covered under post-closure maintenance for 30 years and beyond, if necessary. Please see partial closure plan approval Requirements C1 and C2 for more specific detail/requirements.

Reference: Please see detailed Slope Stability Analyses provided in VFC #80604100, pages 1 through 68 of 68, dated January 31, 2018.

Comment #19: The Wabash closure plan states that "all surface water control systems have been designed to control runoff from a 25 year-24 hour storm event". There are two concerns with this statement:

A. With climate change, Indiana is experiencing increasing frequency of violent storms, so the current records on what constitutes a 25 year-24 hour storm may not be accurate going forward.

B . Because of the enduring nature of coal ash, these structures need to contain the ash indefinitely, not just for the next 25 years. Use of a stronger standard than the 25 year-24 hour should be required.

Response to Comment #19: The facility provided information based on the requirements in 40 CFR 257.81 titled "Run-on and Run-off Control for CCR Landfills" since there is no specific requirement for surface impoundments. The purpose of this requirement is to properly size pipes and drainage ditches to convey surface water run-off at the site as fast as possible in order to minimize infiltration into the final cover. The facility is responsible for maintaining and repairing the cover and the storm water control system during the 30-year post-closure period.


31

Comment #20: The direction of groundwater flow has not been adequately characterized. The elevation of water within active ponds must be incorporated into water elevation mapping in order to identify realistic groundwater flow directions. The water level maps provided in the plan contain many estimated contours due a lack of data within and west of the ash impoundments. Wells or piezometers located near the center of inactive impoundments are necessary to evaluate the presence and magnitude of groundwater mounding and the direction(s) of groundwater flow, and monitor changes in water elevation during and after closure.

Response to Comment #20: The ground water monitoring system is adequate to initiate detection monitoring. The facility will utilize the ground water monitoring system directly surrounding the impoundments and surface water elevations from the Wabash River for ground water flow determinations.

Surface water elevations of active ponds are not necessary to accurately determine ground water flow across the site. Wells or piezometers located near the center of inactive impoundments are not necessary to evaluate the magnitude and direction of ground water flow. In addition, the water table aquifer pinches out west of the facility, as bedrock elevations rise to the west. This creates limited availability of viable locations to monitor ground water west of the existing impoundments. IDEM raised the issue of ground water mounding and the lack of ground water monitoring wells to the west of existing impoundments with the facility in IDEM's Request for Additional Information dated October 16, 2017 (VFC #80540977). IDEM evaluated boring log data submitted from the facility's response to the RAI and determined that the system is adequate. If IDEM determines that more wells are necessary to improve the understanding of ground water flow at the facility, then IDEM will recommend installation of additional wells or piezometers at that time.

Comment #21: Monitoring wells located west of the impoundments are needed to evaluate water elevations on that portion of the property, allow detection of contaminants that are likely migrating from groundwater mounds, and support evaluation of potential post-closure water level changes.

Response to Comment #21: The water table aquifer pinches out west of the facility, as bedrock elevations rise to the west. This creates limited availability of viable locations to monitor ground water west of the existing impoundments. IDEM raised this issue with the facility in !OEM's Request for Additional Information dated October 16, 2017 (VFCV #80540977) and IDEM's Wabash Groundwater Monitoring System Design Report Review dated May 11, 2018 (VFC #82539886). The facility responded with letters dated December 14, 2017 (VFC #80574745) and August 9, 2018 (VFC #82596072) respectively. Water level data from the existing ground water monitoring system indicates that ground water dominantly flows from west to east at the facility, thereby indicating that chemical constituents of coal ash are unlikely to migrate to the west. IDEM evaluated boring log data submitted from the facility's response to the RAJ and determined that the system is adequate. If IDEM determines that more wells are necessary to improve the understanding of ground water flow at the facility, then I DEM will recommend installation of additional wells or piezometers at that time.

Comment #22: There is no acknowledgement that flow directions on the floodplain will change with changes in river stage. Groundwater flow will be reversed, from the river toward the highlands, during high river stage events.

Response to Comment #22: Page 22 of the Closure and Post-Closure Plan Application dated December 21, 2016 (VFC #80398553 page 26 of 1214) states that "groundwater flow velocities and directions are likely to change." IDEM will evaluate flow reversals based on river stage data and ground water elevation data submitted by the facility. Requirement D16 of the partial closure plan approval requires that if ground water flow direction is other than anticipated, then the facility will either demonstrate the existing ground water monitoring well system still complies with 40 CFR 257.91 (c), or propose a revision of the monitoring system design for IDEM approval.


32

Comment #23: Despite the fact that monitoring conducted to date shows significant ash impacts, the lateral extent of ash-related contaminants in groundwater has not been identified. The Closure Plan proposes (page 20) to use data from semi-annual groundwater monitoring conducted after closure to "better define the extent of the impact to water quality." Monitoring data provided in Table 4 and available in the Indiana Department of Environmental Management (IDEM) virtual file cabinet shows that many of the monitoring wells in the current monitoring system are already known to be contaminated with ash-related constituents including arsenic, boron, manganese, sulfate, and total dissolved solids (TDS) in concentrations well above the relevant USEPA water quality standards or Removal Management Levels (RML). The sources, magnitude and extent of ash-related groundwater contamination must be determined prior to site closure so that a closure method capable of cleaning-up impacted groundwater may be implemented.

Response to Comment #23: An approved ground water monitoring system is necessary to fully determine the sources, magnitude and extent of ash-related ground water contamination. The ground water monitoring system as described in the approval will be used to determine whether further assessment monitoring or corrective actions are necessary (40 CFR 257).

Comment #24: Characterization of groundwater quality using only six of the 34 analyzed parameters is insufficient. Redox sensitive parameters such as arsenic, chromium and other sensitive parameters may be liberated from wastes and/or sediments in response to changes in groundwater elevation, or other change that affect chemical equilibrium. Additionally, geochemical conditions may impact releases of ash-related contaminants. The closure plan needs to describe the source and extent of these parameters and evaluate conditions that have the potential to affect subsurface redox conditions in order to avoid unexpected releases of ash-related contaminants by closure actions.

Response to Comment #24: Ground water monitoring constituents were updated in the response to request for additional information received December 14, 2017 (VFC #80574745). All analyzed constituents will be evaluated by IDEM staff and staff will evaluate whether the facility adequately determines if further monitoring or remediation activities are necessary. Additionally, 40 CFR 257 does not require facilities to report redox measurements. Requirement D11 of this partial closure plan approval requires the facility to follow an IDEM-approved Statistical Evaluation Plan that meets the minimum requirements listed in 40 CFR 257.93(f) through (h). The Rule requires statistical evaluations of each monitored chemical constituent. Furthermore, all applicable facets of 40 CFR 257 including detection monitoring, assessment monitoring, and corrective action will be required of the facility.

Comment #25: The post-closure care period is inadequate. The Closure Plan describes a post-closure care period of at least 30 years. A 30-year post closure care period renders the proposed closure a temporary fix to a permanent problem. Over time, the processes of cap erosion and decomposition, animal burrowing, and/or anthropogenic activities will invariably result in increased infiltration of water into the waste and leaching of contamination into groundwater. Even more problematic is that the monitoring program may have been discontinued by the time these processes manifest themselves in deteriorating water quality. The proposed Closure Plan essentially pushes the problem under a cover that may last long enough that nobody will be looking.

Response to Comment #25: The facility provided a written closure and post-closure plan to comply with CCR rule 257.102(b) and 329 IAC 10-30-4 (Closure Plan) and 329 IAC 10-31-3 (Post-Closure Plan). Both the federal and Indiana state rules require 30 years of monitoring and provide performance standards that the facility must meet to certify and end the post-closure care period. If these conditions are not met, the rule gives IDEM the ability to extend the 30-year post-closure period. IDEM will evaluate postclosure monitoring data during and at the end of the 30-year post-closure period to determine if the post-closure period should be extended beyond the minimum required 30 years. In addition, IDEM will not release the financial assurance requirement until the site is stabilized and there is no threat to human health and the environment after post-closure.


33

Reference: Please see updated closure and post-closure plans (VFC #82698643, Appendix A, pages 55 through 73 of 148), dated February 15, 2019.

Comment #26: The embankments around the South Ash Pond were constructed with an ash core. Ash, unlike natural soil materials, reacts readily with environmental water. As a result, ash weathers over time. The ash originally used in construction is fundamentally changed by water as it ages. As a result of chemical changes through time, the physical properties of zones constructed with ash also change with time. The density of ash zones will decline as mass is leached away. The cohesion of ash degrades over time as its original mineralogy and composition change. The original permeability of the ash zone increases with increased weathering, a change itself creating multiple effects. The higher permeability allows more water to flow through the ash, accelerating the water-driven weathering. The increased permeability also allows greater flow velocities, increasing the potential for physical piping of fine sediments from the berm.

Response to Comment #26: AECOM's response given in RAI question #4 (VFC #80574745), dated December 8, 2017 states: "The dikes of South Ash Pond are comprised of a clay cap overlying compacted fly ash core." "The findings of this investigation are in close agreement with the configuration shown on historical plans of these structures." Copies of select historical drawings are provided in VFC #80574745, Appendix C, dated December 8, 2017. Based on this statement, and because the dike core is covered with cohesive soil and is encapsulated, the weathering, leaching and erosion of the ash will be minimal to none, provided the dike is maintained as designed.

Comment #27: The description of the proposed statistical testing on pages 21 and 22 to be utilized during performance monitoring is a masterful example of the use of statistics to obfuscate real-world performance. Performance goals for each well are established based on current conditions for each parameter. The control limit used for comparison to individual monitoring concentrations is defined as the mean value plus 4.5 times the standard deviation of baseline values. Setting the control limit to the mean plus 4.5 standard deviations would be exceptionally effective at assuring that releases to the environment are never identified, regardless of whether or not the selected remedy is effective. The proposed closure plan eliminates the possibility of identifying an insufficient closure. The plan indicates that a potential indicator of a departure from remedy effectiveness is four successive goal limits exceeded in a single monitoring well over the scheduled (semi-annual) monitoring frequency. A single well has to exceed its unreasonably high limit during every sampling event over a two year period in order to be identified as exceeding the goal. This is exceptionally unlikely given the highly variable groundwater flow directions in the floodplain setting. The Closure Plan acknowledges this feature of the proposed data evaluation scheme on page 24 where it states "the response of the constituent (parameter) concentrations on site groundwater as a result of corrective actions given the hydrogeologic conditions could take years to evaluate potential concentration shifts."

Response to Comment #27: The facility updated statistical procedures in the response to !OEM's Request for Additional Information dated December 14, 2017 (VFC #80574745). See the facility's response to Geology Enclosure Item 11 for details. IDEM and the facility continued correspondence regarding this issue in the Response to Request for Additional Information Proposed Site Closure Implementation (Second RAI Response) dated February 15, 2019 (VFC #82698643). See pdf pages 49 through 51 of the Second RAI Response for details. Both documents address statistical requirements given in 40 CFR 257.93 through 40 CFR 257.96, and 40 CFR 257.98. The requirements of this partial closure plan approval require the facility to follow these statistical procedures.

Comment #28: Groundwater quality is already impaired by these facilities. Review of the analytical data contained in Table 4 shows that most of the wells that are currently being monitored show concentrations of ash-related constituents at concentrations above applicable USEPA water quality standards or RMLs. Boron is at concentrations above its Removal Management Levels ( RML) in both reported samples from 23 of 40 monitoring wells. Sulfate and TDS were detected in concentrations above their secondary drinking water standards in both samples from 13 and 28 monitoring points, respectively.


34

Response to Comment #28: An approved ground water monitoring system is necessary to fully determine the sources, magnitude, and extent of ash-related ground water contamination. The ground water monitoring system as described in the approval will be used to determine whether further assessment monitoring or corrective actions are necessary (40 CFR 257).


35

Additional Comments

Supplemental Comments on the Wabash River Generating Station Ash Pond System Modified Closure & Post-Closure Plan (Comments) dated June 10, 2019 (VFC #82792261) were submitted to IDEM. The Comments essentially agree with IDEM's assertion that coal combustion residuals (CCR) must be separated from ground water to the maximum extent feasible to satisfy the closure performance standard under 40 CFR 257.102(d). IDEM received the Comments from Citizens Action Coalition, Hoosier Environmental Council, and Earthjustice. The Comments supplement previously submitted public comments dated June 24, 2017 (VFC #82821960). IDEM sent Duke Energy Indiana (DEi) a supplemental Request for Additional Information (RAl2) dated December 17, 2018 (VFC #82664516). DEi responded to IDEM's RAI with a letter dated February 15, 2019 (VFC #82698643). The Comments address items from DEi's February 2019 letter.

Comment#29 In addition, cross-section C submitted with Duke's closure plan clearly shows groundwater at 452.89 feet, higher than the base of the coal ash in the South Ash Pond at 451.7 feet.

Response to Comment #29 The South Ash Pond has a geomembrane composite liner in addition to a clay liner that rise to the top of the pond's berms as noted by the Limits of South Ash Pond labels and the blue line denoting Approximate Base of Ash Storage Unit according to Cross Section C and its Map Legend. The South Ash Pond's liner system meets 40 CFR 257 and IDEM closure standards and essentially cuts off any hydraulic connection to the underlying aquifer. Therefore, IDEM is allowing the facility to close the South Ash Pond in place. In addition, the base elevation of ash in the South Ash Pond is given as 457.0 feet above mean sea level (ft amsl), according to Cross Section C. The ash shown at 451.7 ft amsl in boring B-16 relates to ash used as fill material during berm construction for the South Ash Pond.

Comment#30 Because it is possible for Duke Energy to excavate its ash from groundwater, it must do so in order to comply with the Closure Performance Standard.

Response to Comment #30 The facility has several options to comply with the closure performance standards. The options include

various methods of "closure-in-place" and "closure-by-removal." They may employ closure-in-place if they control, minimize, or eliminate, to the maximum extent feasible, post-closure infiltration of liquids into the waste and releases of CCR to the ground or surface waters, along with meeting other requirements (40 CFR 257.102(d)). There are several ways to isolate or stabilize CCR aside from excavation, which could potentially meet the performance standard for closure-in-place. Such options remain available to the facility.

Comment#31 The Closure Performance Standard works in concert with other provisions of the Coal Ash Rule to ensure that groundwater does not remain in contact with coal ash. Most notably, the uppermost aquifer location restriction requires operators of existing surface impoundments to "demonstrate that there will not be an intermittent, recurring, or sustained hydraulic connection between any portion of the base of the CCR unit and the uppermost aquifer due to the normal fluctuations in groundwater elevations (including the seasonal high water table)." 40 C.F.R § 257.60(a). Operators of existing surface impoundments were required to make such a demonstration by October 17, 2018.21 At Wabash, the South Ash Pond failed to meet the aquifer separation requiremenl. 22 An existing impoundment that fails to demonstrate compliance with the five-foot aquifer separation must close by October 31, 2020 "in accordance with the requirements of§ 257.102," that is, the Closure Performance Standard. Id.§ 257.101 (b)(1 ). 23 It would be illogical if an impoundment were required to close because of its proximity to groundwater, but then the Closure Performance Standard allowed it to remain in contact with groundwater indefinitely.


36

Response to Comment #31 The South Ash Pond did fail to meet the aquifer separation requirement as stated in the comment. The facility has stopped using the South Ash Pond and is planning to close it via closure-in-place. However, the South Ash Pond has a geomembrane composite liner in addition to a clay liner that rise to the top of the pond's berms and meet 40 CFR 257 and IDEM closure standards. The South Ash Pond's liner system essentially cuts off any hydraulic connection to the underlying aquifer. Therefore, CCR in the South Ash Pond is not in contact with ground water, and through this partial closure plan approval, the facility is allowed to close the South Ash Pond in place.


37

NOTICE OF DECISION

The Indiana Department of Environmental Management (IDEM) made a decision on the closure and postclosure plans for the Duke Wabash River Generating Station South Ash Pond System (SW Program ID 84-UP-09) located at 450 Bolton Road, West Terre Haute. This decision approves the closure of some of the coal combustion residual (CCR) surface impoundments at the facility, and it allows CCR to be permanently disposed .of at the Duke Energy Indiana, LLC, Wabash River Generating Station in Vigo County. The approved closure and post-closure plans are available for review at:

Vigo County Public Library, 1 Library Square, Terre Haute, IN 47807 The final decision is also available online via IDEM's Virtual File Cabinet (VFC). Please go to: http://vfc.idem.in.gov/. You can search there for approval documents using a variety of criteria.

APPEAL PROCEDURES



The Petition(s) must include facts demonstrating that you are either the applicant, a person aggrieved or adversely affected by the decision, or otherwise entitled to review by law. Identifying the permit, decision, or other order for which you seek review by permit number, name of the applicant, location, or date of this notice will expedite review of the petition. Additionally, IC 13-15-6-2 and 315 !AC 1-3-2 require that your Petition include:

1. the name, address, and telephone number of ihe person making the request; 2. the interest of the person making the request; 3. identification of any persons represented by the person making the request; 4. the reasons, witti particularity, for the request; 5. the issues, with particularity, for the request; 6. identification of the terms and coru;litions which, in the judgment of the person making the

request, would be appropriate in the case in question to satisfy the requirements of the la.w governing documents of the type granted or denied by the Commissioner's action; and

7. a copy of the pertinent portions of the permit, decision, or other order for which you seek· review, at a minimum, the portion of the-Commissioner's action that identifies the person to whom the action is directed and the identification number of the action.

Pursuant to IC 4-21.5-3-1 (f), any document.serving as a petition for review or review and stay must be filed with the OEA. Filing of such a document is complete on the earliest of the following dates:



by the carrier, if the petition is s·ent to the OEA by private carrier. In order to assist permit staff in tracking any appeals of the decision, please provide a copy of your petition to Anna Mishel, IDEM, Solid Waste Permits, IGCN 1154, 100 North Senate Ave., Indianapolis, IN 46204-2251.


More information on the review process is available at the website for the Office of Environmental Adjudication at http://www.in.gov/oea.


38




(800) 451-6027 • (317) 232-8603 • www.idem.lN.gov



Who may file an appeal? The decision described i(l the accompanying Notice of Decision may be administratively appealed. Filing an appeal is formally known as filing a "Petition for Administrative Review" to request an "administrative hearing".

If you object to this decision issued by the Indiana Department of Environmental Management (IDEM) and are: 1) the person to whom the decision was directed, 2) a party specified by law as being eligible to appeal, or 3) aggrieved or adversely affected by the decision, you are entitled to file an appeal. (An aggrieved and adversely affected person is one who would be considered by the court to be negatively impacted by the decision. If you file an appeal because you feel that you are aggrieved, it will be up to you to demonstrate in your appeal how you are directly impacted in a negative way by the decision).

The Indiana Office of Environmental Adjudication (OEA) was established by state law -see Indiana Code (IC) 4-21.5-7 - and is a separate state agency independent of IDEM. The jurisdiction of the OEA is limited to the review of environmental pollution concerns or any alleged technical or legal deficiencies associated with the IDEM decision making process. Once your request has been received by OEA, your appeal may be considered by an Environmental Law Judge.

What is required of persons filing an appeal? Filing an appeal is a legal proceeding, so it is suggested that you consult with an attorney. Your request for an appeal must include your name and address and identify your interest in the decision (or, if you are representing someone else, his or her name and address and their interest in the decision). In addition, please include a photocopy of the accompanying Notice of Decision or list the permit number and name of the applicant, or responsible party, in your letter.

Before a hearing is granted, you must identify the reason for the appeal request and the issues proposed for consideration at the hearing. You also must identify the permit terms and conditions that, in your judgment, would appropriately satisfy the requirements of law with respect to the IDEM decision being appealed. That is, you must suggest an alternative to the language in the permit (or other order, or decision) being appealed, and your suggested changes must be consistent with all applicable laws (See Indiana Code 13-15-6-2) and rules (See Title 315 of the Indiana Administrative Code, or 315 !AC).


39





Your appeal (petition for administrative review) must be received by the Office of Environmental Adjudication in a timely manner. The due date for filing an appeal may be given, or the method for calculating it explained, on the accompanying Notice of Decision (NOD). Generally appeals must be filed within 18 days of the mailing date of the NOD. To ensure that you meet this filing requirement, your appeal request must be: 1) Delivered in person to OEA, by the close-of-business on the eighteenth day (if the 18th





What are the costs associated with filing an appeal? The OEA does not charge a fee for filing documents for an administrative review or for the use of its hearing facilities. However, OEA does charge a fifteen cent ($.15) per page fee for copies of any documents you may request. Another cost that could be associated with your appeal would be for attorney's fees. Although you have the option to act as your own attorney, the administrative review and associated hearing are complex legal proceedings; therefore, you should consider whether your interests would be better represented by an experienced attorney.


40


Do not expect to discuss details of your case with OEA other than in a formal setting such as a prehearing conference, a formal hearing, or a settlement conference. The OEA is not allowed to discuss a case without all sides being present. All parties to the proceeding are expected to appear at the initial prehearing conference.


41



Date: August 16, 2019


(800) 451-6027 • (317) 232-8603 • www.idem.lN.gov


TO: Legal Ads TELEPHONE NUMBER: (812)231-4358

COMPANY: Tribune-Star Vigo County

FAX NUMBER: (812)231-4347

E-MAIL: [email protected]

COMMENTS:


Please insert for one time only the enclosed legal notice, in the Tribune-Star, no later than August 22, 2019.




Diane Poe Indiana Department of Environmental Management Office of Land Quality Permits Branch IGCN Room 1101 100 North Senate Avenue Indianapolis, Indiana 46204-2251


An Equal Opportunity Employer 0 A Stlltethat~

Please Reduce, Reuse, Recycle


42

NOTICE OF DECISION

The Indiana Department of Environmental Management (IDEM) made a decision on the closure and postclosure plans for the Duke Wabash River Generating Station South Ash Pond System (SW Program ID 84-UP-09) located at 450 Bolton Road, West Terre Haute. This decision approves the closure of some of the coal combustion residual (CCR) surface impoundments at the facility, and it allows CCR to be permanently disposed of at the Duke Energy Indiana, LLC, Wabash River Generating Station in Vigo County. The approved closure and post-closure plans are available for review at:

Vigo County Public Library, 1 Library Square, Terre Haute, IN 47807 The final decision is also available online via IDEM's Virtual File Cabinet (VFC). Please go to: http://vfc.idem.in.gov/. You can search there for approval documents using a variety of criteria.

APPEAL PROCEDURES



The Petition(s) must include facts demonstrating that you are either the applicant, a person aggrieved or adversely affected by the decision, or otherwise entitled to review by law. Identifying the permit, decision, or other order for which you seek review by permit number, name of the applicant, location, or date of this notice will expedite review of the petition. Additionally, IC 13-15-6-2 and 315 IAC 1-3-2 require that your Petition include:









More information on the review process is available at the website for the Office of Environmental Adjudication at http://www.in.gov/oea.


43

INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We Protect Hoosiers and Our Environment.


(BOO) 451-6027 • (317) 232-8603 • www.idem.lN.gov


Bruno L. Pigott· Commissioner

Vigo County Public Library 1 Library Square Terre Haute, Indiana 47807-3609

Dear Sir/Madam:

August 16, 2019


A copy of a permit decision for the Duke Wabash River Generating Station is enclosed. Also enclosed is a copy of the public notice announcing this permit decision and indicating the documents' availability at your library. This public notice will appear in a local newspaper soon. Please make these documents available to the public for the next 20 days since this permit can be appealed.




Sincerely,

~kb Anna Mishel Solid Waste Permits Section Office of Land Quality

cc with enclosures: Vigo County Health Department Vigo County Commissioners Vigo County Solid Waste Management District Mayor, City of Terre Haute

0 AStat:ethat~


PETITIONER'S EXHIBIT 2-F IS CONFIDENTIAL

PETITIONER'S EXHIBIT 2-G IS CONFIDENTIAL

Petitioner's Exhibit 2-H (TJT) IURC Cause No. 45253 S1

1



Duke Energy Indiana, LLC


(800) 451-6027 • (317) 232-8603 • www.idem.lN.gov

December 21, 2017

Attn: Mr. George Hamrick, Senior Vice President Coal Combustion Products 400 South Tryon Street Charlotte, NC 28202

Dear Mr. Hamrick


Re: Approval of Closure/Post-Closure Plan for Duke Legacy Dresser Station Ash Disposal Site 84-UP-05 Vigo County

Duke Energy Indiana, LLC's closure and post-closure plan for the closure of the Legacy Dresser Station Ash Disposal site is approved under 329 IAC 10-4-4, IC 13-25-4 and Agreed Order Nos. 2015-23005-W and 2015-23009-S, subject to the terms of this letter, the closure and post-closure plans referenced in this document, and the enclosed requirements which establish management practices that are protective of human health and the environment.

The Dresser Station disposed of ash on-site during its operation between the 1920s and 1975. The disposal site is located at 5152 Darwin Road in West Terre Haute and contains approximately 21 acres, including 19 acres of ash disposal and 2 acres of former generating station basement.

Public records for your facility are available in IDEM's Virtual File Cabinet (VFC) at https://vfc.idem.in.qov/DocumentSearch.aspx. Documents related to this approval include: Closure Implementation Plan dated December 7, 2016 (VFC #80394772), and Closure Implementation Plan RAI Response and Addendum No.1 dated June 8, 2017 (VFC #80473959).

You can review the Indiana Code (IC) and the Indiana Administrative Code (IAC) references in this document at iga.lN.qov. IC references are under the "Laws" link; IAC references are under the "Publications" link.

This approval does not: convey any property rights of any sort or any exclusive privileges; authorize any injury to any person or private property or invasion of other private rights or any infringement of federal, state, or local laws or regulations; or preempt any duty to comply with other state or local requirements (329 IAC 10-13-4(a)). Please note, by closing the ash pond system in place you are establishing a land


® &cycled Paper


2

Duke Energy Indiana, LLC FP 84-06

Page 2 Landfill Pem1it Renewal

disposal facility. As the owner or operator of this facility, and owner of the land upon which it is located, you are liable for any environmental harm caused by the facility (329 IAC 10-13-4(b)). .

If you wish to appeal this decision, you must file a request for administrative review with the Office of Environmental Adjudication within 18 days after the postmark of this letter. The enclosed Notice of Decision notifies you of additional important details regarding the appeal process and your rights and responsibilities for filing an adequate and timely appeal.

If you have any questions, please contact Thomas Kreke, the permit manager assigned this facility, by dialing (317) 233-9468 directly, or by e-mail at [email protected].

Enclosure: Requirements Notice of Decision

Sincerely,

Rebecca Eifert Permits Branch Office of Land Quality

Letter to Vigo County Public Library Letter to the Terre Haute Tribune-Star

cc with enclosures: Vigo County Health Department Vigo County Commissioners Vigo County Solid Waste Management District Duke Bennett, Mayor of Terre Haute Karrum Nasser, President of Terre Haute City Council Owen Schwartz, Duke Energy Rebecca Warren, Duke Energy


3

Duke Energy Indiana, LLC, 84-UP-05


REQUIREMENTS

B. Closure and Post-Closure Requirements

C. Financial Responsibility for Post-Closure


E. Compliance Schedule

Page 3 Closure and Post-Closure Plans Approval


4


Page4 Closure and Post-Closure Plans Approval


A 1. The owner or operator must close and maintain the facility as described in the approved plans and specifications in the Closure Implementation Plan - Duke Energy Indiana, LLC, Legacy Dresser Generation Station dated December 7, 2016 (VFC #80394772), Closure Implementation Plan Response to RAI and Addendum No.1 dated June 8, 2017 (VFC #80473959) and the requirements of this approval.

A2. The owner or operator must call (888) 233-7745 (IDEM's emergency response line) as soon as possible after learning of any event that may cause an imminent and substantial endangerment to human health or the environment, such as a reportable spill (327 IAC 2-6.1) or a fire or explosion that requires the response of the local fire department.

The owner or operator must follow up with a written report to the IDEM contact and address given in Requirement A3 within 5 business days after the event. The report must describe the event, and actions taken or planned to correct the event and prevent its recurrence.

A3. Unless otherwise noted, submittals must be sent to:

Indiana Department of Environmental Management Solid Waste Permits IGCN 1101 100 North Senate Avenue Indianapolis, IN 46204-2251

Please provide 3 copies printed double-sided. An electronic copy in Acrobat PDF format on CD or DVD, in place of one of the printed copies is appreciated, but not required.

A4. Records of all monitoring information and activities which are required to be submitted by this approval or specified in the Closure Implementation Plan must contain information listed in 329 IAC 10-1-4(a). Records must be maintained as specified in 329 IAC 10-1-4(b) and (c).


8. CLOSURE AND POST-CLOSURE REQUIREMENTS

81. The owner or operator must follow the facility Closure Implementation Plan dated December 7, 2016 (VFC #80394772), and Closure Implementation Plan Response to RAI and Addendum No.1 dated June 8, 2017 (VFC #80473959)


5



B2. The owner or operator must notify IDEM in writing at least 15 days before the intended date to begin closure of ash disposal site.

B3. The owner or operator must follow the schedule included in the Closure Implementation Plan, or alternate schedule approved by IDEM, to comp[ete the preparation activities and final closure of the ash disposal site.

B4. The owner or operator must manage surface water as described in the approved plans and meet the following requirement:

a. Maintain drainage ditches and erosion control structures to prevent off-site deposition of waste and sediment. Remove waste deposits from drainage ditches as necessary to properly convey storm water.

B5. The owner or operator must excavate and remove or grout in-place the existing pipes buried within the footprint of the consolidated Ash Disposal Site. The grouting procedure is described in Item 3 of Closure Implementation Plan Response to RAI and Addendum No.1 (VFC #80473959, pages 3-4).

B6. The owner or operator must adopt measures that will effectively minimize coal combustion residual becoming airborne, including waste that generates fugitive dust and fugitive particulate matter, in a way that does not violate the rule for fugitive dust (326 IAC 6-4) or fugitive particulate matter (326 IAC 6-5), including 326 IAC 6-5-4(g) for solid waste handling control measures (329 IAC 10-8.2-2).

B7. The owner or operator must follow asbestos removal as described in Closure Implementation Plan Response to RAI and Addendum No.1, (VFC #80473959, pages 7-9).

BS. The owner or operator is approved to consolidate coal ash and mine refuse from Material Management Area as delineated on Sheet 12 titled "Final Cover Grading Plan, Closure Implementation Plan" (VFC #80473959, page 80) and North Ash Stockpiles as delineated on Sheet 17 titled "Volume Estimate - Dresser North Ash Stockpiles, Closure Implementation Plan" (VFC #80473959, page 83).

B9. The owner or operator must construct the final cover as specified in the approved final cover grading plan on Sheet 12, titled" Final Cover Grading Plan, Closure Implementation Plan," (VFC #80473959, page 80), and the following cover specifications:

For the Consolidated Ash Di~posal Area:

a) 2 feet of compacted cohesive soil such as CH, CH-CL, CL CL-ML in accordance with the Unified Soil Classification System

b) 1 foot of vegetative soil cover, graded and vegetated


6


Page6 Closure and Post-Closure Plans Approval

For the Material Management Area where ash and mine spoils have been removed:

c) 6 inches of vegetative cover, graded and vegetated

For the Mine Refuse Area:

d) 1.5 feet of soil cover

e) 6 inches of vegetative soil cover, graded and vegetated

For the Former Generating Station Basement Area:

f) Geogrid and nonwoven geotextile over subgrade

g) 2 feet of compacted cohesive soil such as CH, CH-CL, CL CL-ML in accordance with the Unified Soil Classification System

h) 1 foot of vegetative soil cover, graded and vegetated

This facility closure contains 21 acres of soil cover over the Consolidated Ash Disposal Area and Former Generating Station Basement Area.

B10. The owner or operator must test and install final cover components as specified in the Closure Implementation Plan Response to RAI and Addendum No.1, Item 5, dated June 8, 2017 (VFC #80473959, pages 4-5), except as otherwise noted in this approval.

B 11. Upon completion of the final cover system and establishment of vegetation, the owner or operator must submit to IDEM a final closure certification and verification of deed notation that meets the specifications in. 392 IAC 10-30-7.

B12. Consistent with the performance standards, post-closure duties, and post-closure certification process specified in 329 IAC 10-31 (and excepting the time requirement imposed by 329 IAC 10-31-2(b)), the owner or operator must perform 10 years of postclosure monitoring and maintenance including the activities specified in the facility post-closure plan dated June 8, 2017, Appendix B, (VFC #80473959, pages 69-77).

B13. The owner or operator must correct and control nuisance conditions occurring at the facility (329 IAC 10,31-5), eliminate any threat to human health or the environment (329 IAC 10-31-6), and perform remedial actions as necessary (329 IAC 10-31-7).

B 14. The owner or operator must continue to submit quarterly progress reports detailing activity toward completion of each milestone. After closure activities are completed, progress reports must be submitted on an annual basis until IDEM issues a Resolution of Case ( close out) letter.


7



C. FINANCIAL RESPONSIBILITY FOR POST-CLOSURE

C 1. The owner or operator must establish and maintain a financial assurance mechanism for the cost& of post-closure using the post-closure cost estimates in the approved post-closure plans and a financial assurance mechanism in 329 IAC 10-39 no later than 45 days after receipt of this approval and must furnish proof to IDEM the mechanism is established no later than 2 months after the date the mechanism is established. The owner or operator must submit signed originals of the financial assurance mechanism and updates used to meet this requirement.

C2. The owner or operator must submit a financial responsibility update by June 15 of each year. The annual update must address the following items as detailed in 329 IAC 10-39-3(c):

a. The owner or operator must adjust post-closure cost estimates for inflation.

b. The owner or operator must revise the cost estimates to account for changes which increase the cost of post-closure.

c. The owner or operator may revise the cost estimates to account for changes which reduce the cost of post-closure. The owner or operator must provide documentation supporting reduced cost-estimates, for example: letters and maps documenting areas certified as closed.

d. The owner or operator must submit documentation showing that the financial assurance mechanism is current and adequate to cover the estimated costs of post-closure. The owner or operator must submit signed originals of the financial assurance mechanism and updates used to meet this requirement.


01. As stated in the Closure Implementation Plan dated December 7, 2016 (VFC #80394772), and Closure Implementation Plan RAI Response and Addendum No.1 dated June 8, 2017 (VFC #80473959), the owner or operator will follow 329 IAC 10-29 (Ground Water Monitoring and Corrective Action) with the exceptions described in the following requirements.

02. Consistent with the requirements specified in 329 IAC 10-29-3 (and excepting the time requirement imposed by 329 IAC 10-31-2(b)),the owner or operator must conduct groundwater monitoring throughout the active life and perform 10 years of post-closure groundwater monitoring activities specified in the facility postclosure plan dated June 8, 2017, Appendix B, (VFC #80473959, pages 69-77). IDEM may extend the post-closure care period if ground water monitoring results show that the facility has not stabilized (329 IAC 10-31-4).


8


MONITORING DEVICES

PageB Closure and Post-Closure Plans Approval

D3. The owner or operator's ground water monitoring well system includes the following wells: MW-1, MW-8, MW-9, MW-10, and MW-11. Well MW-1 is upgradient. At least 60 days before installing new monitoring devices, the owner or operator must submit a well-installation plan for IDEM approval. The plan must provide the following:

a. A map showing the location of each device with respect to the entire facility's ground water monitoring network and ground water flow

b. A demonstration that each device yields representative ground water samples at an appropriate location and depth within the same aquifer or aquifers as the existing monitoring network

c. Drilling methods and procedures that follow 329 IAC 10-21-4; well construction materials and details, including protocol for collecting, describing, and analyzing consolidated or unconsolidated materials (329 IAC 10-24-3(3))

d. An example of a borehole log that includes information specified under 329 IAC 10-24-3(2)

e. Environmental qualifications of all field personnel


D4. The owner or operator must label all ground water monitoring wells with a permanent and unique identification. When reporting well information, the owner or operator must include the identification for each well.

D5. The owner or operator must secure the access ways to all monitoring wells to prevent unauthorized access and maintain the access ways so they are passable year round.

D6. The owner or operator must maintain all ground water monitoring wells as follows:

a. Complete necessary repairs, other than replacement (see Requirement D8), within 10 days after discovery or other time frame approved by IDEM

b. Keep the monitoring wells securely capped and locked when not in use

c. Repair all cracks in and around the casings


9


d. Repair cracks in concrete pads

e. Control vegetation height

f. Redevelop the monitoring wells as needed


D7. When abandoning a well that is part of the facility's approved ground water monitoring system, the owner or operator must:

a. Submit a written proposal for approval explaining the reasons for and detailing the method of abandonment

b. Use methods that comply with Indiana Department of Natural Resources (IDNR) regulation 312 IAC 13-10-2

c. Notify the IDEM Geology Section by phone, e-mail, or letter at least 10 days before the date the abandonment work will occur

d. Provide written notification of abandonment to IDEM.and IDNR within 30 days after plugging is complete (IDNR (312 IAC 13-10-2(f)) requires written notice)

D8. The owner or operator must notify IDEM by phone, e-mail, or letter within 10 days after discovering a ground water monitoring well destroyed or not functioning properly. The owner or operator must repair the well if possible. If the owner or operator cannot repair the well, then within 30 days after discovery, the owner or operator must submit a proposal for abandonment or replacement.

PLANS

D9. The owner or operator must follow the Sampling and Analysis Plan (SAP) dated November 30, 2015 (VFC #80185884). See Compliance Schedule Item E1.

D10. The owner or operator must follow the Quality Assurance Project Plan (QAPP) dated November 30, 2015 (VFC #80185884, Appendix D). See Compliance Schedule Item E2.

D11. The owner or operator must follow the Statistical Evaluation Plan (StEP) submitted and approved following 329 IAC 10-29-5. See Compliance Schedule Item E3.

D12. If IDEM requests a revision to a SAP, QAPjP, or StEP, the owner or operator must submit the revised plan(s) for approval. The owner or operator must submit the plan(s) within 60 days after receiving the request. This submittal must include 1 original paper copy and 1 PDF electronic file of each plan. The owner or operator must not implement the revised plan(s) before receiving approval.


10



D13. If the owner or operator makes design changes to the existing ground water monitoring system listed in Requirement D3, the owner or operator must submit a revised SAP, QAPjP, and StEP for approval. The owner or operator must submit the plans within 60 days after completing all field activities associated with the design changes. This submittal must include 1 original paper copy and 1 PDF electronic file of each plan. The owner or operator must not implement the revised plans before receiving approval.

MONITORING PROGRAMS

D14. The owner or operator must sample the facility's ground water monitoring well system (see Requirement D3) semiannually during May and November of each year. The owner or operator must analyze each sample for the following Phase I parameters, or submit an alternate list for approval by IDEM based on the constituents of the waste present at the site, during monitoring events:

a. Field pH b. Field specific conductance C. Field temperature d. Acidity, Total e. Alkalinity, Total f. Alkalinity, Bicarbonate g. Alkalinity, Carbonate h. Aluminum, dissolved i. Antimony, dissolved j. Arsenic, dissolved k. Asbestos I. Barium, dissolved m. Beryllium, dissolved n. Boron, dissolved 0. Cadmium, dissolved p. Calcium, dissolved q. Chloride r. Chromium, dissolved s. Cobalt, dissolved t. Copper, dissolved u. Cyanide V. Fluoride w. Iron, dissolved X. Iron, Ferrous y. Lead, dissolved z. Lithium, dissolved aa. Magnesium, dissolved bb. Manganese, dissolved cc. Mercury, dissolved dd. Molybdenum, dissolved


11


ee. Nickel, dissolved ff. Nitrogen, Ammonia gg. Nitrogen, Nitrate hh. pH ii. Potassium, dissolved jj. Selenium, dissolved kk. Silver, dissolved II. Sodium, dissolved mm. Specific Conductance nn. Strontium, dissolved 00. Sulfate pp. Sulfide qq. Thallium, dissolved rr. Tin, dissolved ss. Titanium, dissolved tt. Total Dissolved Solids LIU. Total Hardness vv. Total Radium (226 and 228) WW. Total Suspended Solids xx. Vanadium, dissolved yy. Zinc, dissolved


D15. The owner or operator must use the results of the static water level measurements to prepare ground water potentiometric surface maps containing the following:

a. Location and identification of each ground water monitoring well and piezometer

b. Ground water elevations for each well and piezometer. The owner or operator must measure all static water levels on the same day and as close in time as possible before the purging and sampling event.

c. Date and time of static water level measurement for each well and piezometer

d. Ground-surface elevation at each well and piezometer

e. Facility property boundaries

f. Identification of the aquifer represented, either by a name or elevation

g. Solid waste fill boundaries

h. Facility name and county


12



i. Map scale, north arrow, ground water flow direction arrows, and potentiometric-surface contour intervals

j. Indications of which monitoring wells are considered background, upgradient, downgradient, or intrawell ·

k. Locations and elevations of all site benchmarks

D16. If a ground water potentiometric-surface map or flow map indicates that the ground water flow direction is other than anticipated in the design of the monitoring well system, the owner or operator must notify IDEM of the difference in the ground water monitoring report submitted for Requirement D22. The notification must include either of the following: information demonstrating that the monitoring well system still complies with 329 IAC 10-29-1(b); or a proposal to revise the monitoring system design for IDEM approval.

If design changes to the existing ground water monitoring system listed in Requirement D3 are necessary, the owner or operator must make the changes within 30 days after receiving IDEM approval of the revised design or other time frame approved by IDEM.

D17. · The owner or operator must determine the background ground water quality for any wells added to the facility's ground water monitoring system by sampling each new well for 4 consecutive quarters within 1 year after their installation. The owner or operator must establish background ground water quality for the Phase I parameters in Requirement D14.

D18. The owner or operator must apply the StEP identified in Requirement D11 to determine whether the ground water is stable using Mann-Kendall trend analysis to the 95% confidence level for each Phase I parameter, except for field temperature. The owner or operator must include the outcome of each statistical determination in a statistical evaluation report (see Requirement D22.d).

D19. If the owner or operator determines there is a statistically significant increasing trend (increasing or decreasing for pH) fof2 or more of the Phase I parameters at any of the downgradient monitoring wells, the owner or operator must comply with the following requirements:

a. Notify IDEM in writing within 14 days after the finding. The notification must state which Phase I parameters showed a statistically significant increasing trend (increasing or decreasing for pH) and which downgradient monitoring well(s) showed the elevated concentrations.

b. Collect and analyze the ground water from all monitoring wells for the parameters determined fro.m 329 IAC 10-29-?(d). The owner or operator must submit the results to IDEM within 60 days after determining the statistically significant increasing trend(s).


13



c. Establish a Phase II monitoring program based on the results obtained from Requirement 019.b and consult with the IDEM Geology Section within 30 days after completing Requirement 019.b.

The owner or operator must continue the scheduled Phase I monitoring as described in Requirement 014 and 329 IAC 10-29 throughout the establishment and implementation of a Phase II monitoring program.

020. In lieu of Requirements 019.b and 019.c, the owner or operator may attempt to demonstrate that a source other than the solid waste facility caused the increasing trend (increasing or decreasing for pH) or that the increasing (increasing or decreasing for pH) resulted from error in sampling, analysis, or evaluation. For IDEM to approve the demonstration, the owner or operator must comply with the following requirements:

a. Notify IDEM in writing of the intent to make a demonstration. The owner or operator must submit the notification within 7 days after determining a statistically significant increasing trend (increasing or decreasing for pH).

b. Submit a report to IDEM within 90 days after determining a statistically significant increasing trend (increasing or decreasing for pH). The report must demonstrate that a source other than the solid waste facility caused the increasing trend (increasing or decreasing for pH), or that the increasing trend (increasing or decreasing for pH) resulted from error in sampling, analysis, or evaluation. The report must state what efforts the owner or operator will take to prevent these errors from recurring.

c. Continue to monitor ground water at all monitoring wells according to the scheduled Phase I monitoring established under 329 IAC 10-29-6

If a demonstration is not acceptable to IDEM, the owner or operator must continue with Requirements 019.b and 019.c.

021. If necessary, the owner or operator must implement a corrective action program as required under 329 IAC 10-29-9. The corrective action program is complete when ground water protection standards have been met at all points of the plume beyond the monitoring boundary for a period of 3 consecutive years using the statistical procedures outlined in 329 IAC 10-29-5 and procedures approved through this permit.


14


REPORTING


D22. No later than 60 days after each ground water monitoring event completed for Requirement D14, the owner or operator must submit the information in a ground water monitoring report to the IDEM Solid Waste Permits Section in 1 unbound paper copy and in 1 electronic PDF file. The report must include the following:

a. One original unbound laboratory-certified report with analytical and field parameters results, field sheets, and chain-of-custody forms. The laboratory-certified report must include the following: detection limit for each chemical parameter, date samples collected, date the laboratory received the samples, date the laboratory analyzed the samples, date the laboratory prepared the report, method of analysis the laboratory used for each parameter, sample identification number for each sample, and results of all sample analyses.

b. All information specified in Requirement D15 and a table summarizing the static water level and ground water elevation for each well and piezometer

c. Comments regarding ground water quality, recent notifications of any compliance issues related to a problematic well or piezometer (see Requirement DB), special field observations and procedures, and deviations from the SAP

d. One original unbound copy of the statistical evaluation report (see Requirement D18)

The owner or operator may mail the PDF copy and electronic data file specified in Requirement D23 on a CD-ROM or DVD. The owner or operator must clearly label the PDF copy and electronic data file with the facility name and a brief description of the file. Alternatively, the owner or operator may e-mail the PDF copy and electronic data file to the IDEM Solid Waste Permits Section at the address listed in Requirement A3 and carbon copy [email protected]. Theemail must include the facility name and a brief description typed in the e-mail's subject heading.

D23. The owner or operator must submit 1 electronic data file of the analytical and field parameters results formatted as an ASCII, tab-delimited text file. The electronic data file must contain the facility's name, permit number, and the name of the analytical laboratory. Additionally, the file must include the fields listed below for the analytical results and the following field parameters: pH, specific conductance, temperature, well depth, depth to water, and static water elevation.


15




b. SamplePointName: Names of monitoring wells, piezometers, leachate wells, surface water collection points, etc.

c. LaboratorySample ID: ID assigned to the sample by the laboratory. d. SampleType: Regular, duplicate(s), trip blank(s), equipment blank(s), field

blank(s), verification re-sample(s), and replicate(s) e. SpeciesName: Chloride, sodium, ammonia, field pH, etc. The order of


f. Concentration (results): The entry must be a number. Please do not enter text, such as uNA," "ND/' or 11 <."

g. Concentration Units: mg/I, ug/1, standard units for pH, degrees Celsius (°C) or degrees Fahrenheit (°F) for temperature, and umhos/cm for specific conductance

h. Detected: Yes or no i. Detection Limit j. Analytical Methods k. EstimatedValue: Indicate "Yes" if the reported concentration is an

estimated value. If a value recorded was not estimated, enter "No." If a concentration is estimated, use the "Comment" field to explain why the

. concentration was estimated. I. Comment: Analytical laboratory and/or field personnel comments

regarding the reported results m. SampleMedium: Ground water, leachate, surface water, etc. n. ProgramArea: Solid Waste

Additional guidance on electronic data file submittals is available on !OEM's website at http://www.in.gov/idem/landquality/2369.htm_or by e-mailing questions to [email protected].

D24. The owner or operator must retain .laboratory quality assurance/quality control (QA/QC) documentation from valid analyses of ground water samples for at least 3 years.

Upon IDEM request, the owner or operator must submit the laboratory QA/QC for a specified ground water monitoring data package, in 1 paper copy and 1 electronic copy in PDF format, within 60 days after receiving the request. The "Solid & Hazardous Waste Programs, Analytical Data Deliverable Requirements: Supplemental Guidance" provides additional information about laboratory QA/QC. The guidance is available on IDEM's website at www.in.gov/ldem/landquality/files/sw resource data deliverable reqs.pdf.


16



E. COMPLIANCE SCHEDULE

E1. Within 60 days after receiving this closure/post-closure plan approval, the owner or operator must submit a new Sampling and Analysis Plan (SAP) to replace the current SAP dated November 30, 2015 (VFC #80185884). The owner or operator must implement the new SAP upon IDEM's written approval. The submittal must include 1 original paper copy and 1 PDF electronic file.

E2. Within 60 days after receiving this closure/post-closure plan approval, the owner or operator must submit a new Quality Assurance Project Plan (QAPiP) to replace the current QAPjP dated November 30, 2015 (VFC #80185884, Appendix D). The owner or operator must implement the new QAPjP upon IDEM's written approval. The submittal must include 1 original paper copy and 1 PDF electronic file.

E3. Within 60 days after receiving this closure/post-closure plan approval, the owner or operator must submit a Statistical Evaluation Plan (StEP) following 329 IAC 10-29-5. The StEP is effective upon IDEM's written approval. The submittal must include 1 original paper copy and 1 PDF electronic file.

In the StEP, the owner or operator must present the data distribution assumptions. The statistical procedures must be appropriate for the data distribution and provide a balance between the probability of falsely identifying a significant difference and the probability of failing to identify a significant difference. To achieve the balance, the owner or operator should consider the background sample sizes, the number of individual statistical tests performed, and the specific verification resampling method.

E4. Within 30 days after receiving this closure/post-closure plan approval, the owner or operator must submit an updated schedule for the Closure Implementation Plan, to complete the preparation activities and final closure of the .ash disposal site.


17

NOTICE OF DECISION

Indiana Department of Environmental Management (IDEM}

IDEM issued a permit decision for the Legacy Dresser Station Landfill. This decision approves a closure and post-closure plan. The landfill is located at 5152 Darwin Road in West Terre Haute, Vigo County, Indiana. A copy of this permit is available for review at the Vigo County Public Library located at 1 Library Square, Terre Haute, Indiana.

It can also be viewed online at !OEM's Virtual File Cabinet (VFC) website using the following steps: ·

1. Go to http:/!vfc.idem.lN.gov/, which is the VFC's "Document Search" page. 2. Once there, click on the Alternate Field dropdown menu. 3. Select SW Program ID. 4. Enter the Solid Waste Program ID, 84-UP-05, in the box to the right of the

Alternate Field menu. 5. Click the Search button, which produces one or more links to the documents

for this facility. 6. Click on the x out of y Pages dropdown menu to view additional pages with

document links. 7. To find and review the permit decision, click the highlighted numbers in the

Doc# column for the most recent dates listed. If the permit decision is not yet available when you first search, try again later, it will soon be posted.

Challenging this Decision

If you disagree with this decision and wish to challenge it, IC 13-15-6-1 and IC 4-21.5-3-7 require that you file a petition for administrative review. If you want the permit put on hold during this administrative review ("stayed"), you must also file a petition for stay. These petitions must be submitted to the Office of Environmental Adjudication (OEA) at the following address within the timeframes below:

Office of Environmental Adjudication Indiana Government Center North, Room N103 100 North Senate Avenue Indianapolis, Indiana 46204

You will need to include the following in your petitions:

1. Information identifying the decision you are appealing, including the following: name of the facility name of the applicant/permittee permit number date of this riotice

2. Information showing you are either: the applicant someone "aggrieved or adversely affected" by the decision, i.e., the decision has a negative impact on you, or someone otherwise entitled by the law


18

3. Your name and address, or that of the person making the request that you represent

4. Your interest in the decision, or the interest of the person you represent

5. Identification of any persons represented by the person making the request

6. The reasons for the request, with particular detail

7. The issues involved, with particular detail

8. Identification of appropriate new permit terms and conditions that you would like to see used to replace existing ones in the permit that you feel do not comply with the laws governing this kind of permit

9. A copy of the pertinent portions of the permit, decision, or other order for which you seek review. At a minimum, include the portion of the Commissioner's action that identifies the person to whom the action is directed and the identification number of the action.

Deadlines and Timeframes

Please remember that you must file your petition(s) within the following timeframes:

· 1. If you read this notice in a newspaper, you must file the petition within 15 days of the notice's publication date (either the date of the printed newspaper, or the notice date given on the newspaper's website).

2. If you received this notice by U.S. mail, you must file the petition within 18 days of the notice postmark date (15 days from the date IDEM mailed the notice, plus 3 days because the notice was sent via U.S. mail).

3. If you received this notice by email, you must file the petition within 15 days of the date IDEM sent the email.

4. If an IDEM representative personally gave ("served") you this notice, you must file the petition within 15 days of the date you were given the notice.

The date your petition(s) will be considered received by ("filed with") the OEA is based on the following:

1. If you or someone else personally brings the petition to OEA, the date you do this.

2. If you mail the petition through the regular US mail, the postmark date on the envelope containing the petition.

3. Or, if you send the petition to OEA through a private carrier like UPS, Federal Express, etc., the date you gave the document to the carrier, as shown by the sales receipt you receive from the carrier.


19

In order to assist permit staff in tracking any appeals of the decision, please provide a copy of your petition to Thomas Kreke, IDEM, Solid Waste Permits, IGCN 1101, 1 OD North Senate Avenue, Indianapolis, Indiana 46204-2251.

Receiving Updates on the Status of this Decision


How to Obtain Additional Information

If you have procedural or scheduling questions regarding your petition, you may contact OEA by dialing (317) 233-0850.

If you have questions regarding other aspects of the permit decision, contact Thomas Kreke, the Solid Waste Permit Manager assigned to the facility, by dialing (317) 233-9468 or by e-mail at [email protected].

Please bring this matter to the attention of persons you believe may have an interest in it.


20

IDEM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We Protect Hoosi,,-s and Our Em,ironm<nt

Eric J. Holcomb GfTPE:l7lD1'

1 DD N. SsnalB Avenue • lmfranapolis, IN 45?04

(BOD) 451-6027 • (317) 232-8603 • WWW.idem.IN.gov Bruno L Pigott c~

What if you are not satisfied with this decision and you want to file an appeal?_

Who may file an appeal? The decision described in the a=rnpanying Notice of Decisi9n may be administratively

appealed. Filing an appeal is fonnally known as· filing a "Petition for Administrative Review"

to request an 'administrative hearing'. ·

lf you object to this decision issued by the lndiana Dep_artment of Environmental

Management (IDEM). and are: 1) the person to whom the decision was directed, 2) a party

specified by law as being eligible to appeal, or 3) aggrieved or adversely affected by the

decision, you are entitled to file an appeal. (An aggrieved and adversely affected person is

one who would be _considered by the court to be negatively impa~ by the decision. tf

you file an appeal because you feet that you are aggrieved, it will be up to you to

demonstrate in your appeal how you are directly impacted in a negative way by the

decision).

Toe Indiana Office of Environmental Adjudication (0EA.) was established by state law -

see Indiana Code (IC) 4-21.5-7 - and is a separate state agency independ_ent of !DEM.

The jurisdiction of the 0EA.is limited to the review of environmental pollution concerns or

any alleged technical or legal deficiencies associated with the lDEM decision making

process. Once your request has been received by 0EA, your appeal may be considered

by an Envirorunental Law Judge.

Whiit is required of pers·ons filing an appeal? ..

Filing an appeal is a legal proceeding, so it is suggested that you consult with an attorney.

Your request for an appeal must include your name and ac;ldress and identify your interest

in the decision ( or, if you are representing someone else, his or her name and address

and their interest in the decision). In addition, please include a photocopy of the

accompanying Notice of Decision or list the permit-number and name of the applicant, or

responsible party, in your letter.

Before a hearing is granted, you must identify the reason for the appeal request and the

issues proposed for consideration at the hearing. You also must identify the permit terms

. and .conditions that, in your judgment, would appropriately satisfy the requirements of law

with respect to the IDEM decision being appealed. That is, you must suggest an

alternative to the language in the permft (or other order, or decision) being appealed, and

your suggested changes must be consistent with all applicable laws (See Indiana Code

13-15-6:-2) and rules (See Trt\e 315 of the \ndiana Administrative Code, or 315 \AC),


21

The effective date of this agency action is stated on the accompanying Notice of Decision (or other IDEM decision notice). lf you file a "Petition for Administrative Review" (appea~, you may wish to specifically request that the action be "stayed" (temporarily halted) because most appeals do not allow for an automatic "stay". lf, after an evidentiary hearing, a "stay- is granted, the IDEM-approved action may be halted altogether, or only allowed to continue iri part, until a final decision has been made regarding the appeal. However, if the action is not •stayed" the IDEM-approved activity will be allowed.to continue during the appeal process.

Where can you file an appeal? If you wish to file an appeal, you must do so in writing. There are no standard forms to fill out and submit, so you must state your case in a letter (calleq a petition for administrative· review) to the Indiana Office of Environmental Adjudication (DEA). Do not send the original copy of your appeal request to IDEM. Instead, send or deliver your_ letter to:

The Indiana Office of Environmentai Adjudication 100 North Senate Avenue, Room N103 Indianapolis, IN 48204

If you file an appeal, also please send a copy of your appeal letter to the IDEM contact person identified in the Notice of Decision,- and to the applicant (person receiving an IDEM permit, or other approva~.

Your appeal (petition for administrative review) must be received by the Office of . Environmental Adjudication in a timely manner. The due date for filing an appeal may be given, or the method for calculating it explained, on the accompanying Notice of Decision (NOD).· Generally appeals must be filed within 18 days of the mailing date of the NOD. To ensure that you meet this filing requirement, your appeal request must be:

r 1) Delivered in person to DEA, by the close-of-business on the eighteenth day [rf the 18th

day falls on a day when the Office of Em~ronmental Adjudication (DEA) is closed for the weekend or for a state holiday, then your petition.will be accepted on the next business day on which OEA"is open), or · ·

2) Given to a private ~rrier who will defwer it to the DEA on your behalf, (and from whom you must obtain a receipt dated on or before the 18th ·day), or

3) For those appeal requests sent by U.S. Mail, your letter must be postmarked by no lafer than midnight of the 18th day, or

4) Faxed to the DEA at (317) 233-9372 before the close-cf-business on the 18th day, provided that the original signed "Petition for Administrative Review" is also sent, or delivered, to the DEA in a timely manner.

What are the costs associated with filing' an appeal? The DEA does not charge a fee for filing documents for an administrative review or for the use of its hearing facilities. However, DEA does'charge a fifteen cent ($.15) per page fee for copies of any documents you may request Another cost that could be associated with your appeal would be for attorney's fees. Although you have the option to act as your own

0 A.~1:tmt~

Flling en appeal ~ge2


22

attorney, the administrative review and associated hearing are complex legal proceedings; therefore, you should consider whether your interests would be better represerited by an expe(ienced attorney. ·

What can you expect from the Office of Environmental Adjudication (OEA) after you file for an appeal?

· The OEA will provide you witli notice of any prehearing conference, preliminary hearings, hearings, •stays," or orders dispi;ising of the review of this decision-. ln addition, you may contact the OEA by phone at (317) 232-8591 with any scheduling questions. However, · technical questions should be directed to the \DEM contact person listed on the Notice of Decision.

Do not expect to discuss details of your cast? with OEA other than in a formal setting such as a prehearing conference, a.formal hearing, or a settlement conference. The OEA is not allowed to discuss a case without all side being present All parties to the proceeding are expected to appear at the initial prehearing conference. ·

Fifing a.'1 appeal Page.3


23



Legal Advertising Department Tribune-Star P. 0. Box 149 Terre Haute, Indiana 47808

Dear Sir/Madam:

1 DO N. Senate Avenue • Indianapolis, IN 46204

(BOO) 451-6027 • (317) 232-8603 • www.idem.lN.gov

December 21, 2017

Re: Public Notice


Enclosed is our Notice of Decision about a permit for the Legacy Dresser Station Landfill, Vigo County. We request you publish this notice, one time only, as soon as possible.

For billing, please send a notarized form and clippings showing the date of publication to Thomas Kreke, IDEM, Solid Waste Permits, IGCN 1101, 100 North Senate Avenue, Indianapolis, Indiana 46204-2251. On the backside of your publisher claim, please be sure to include your Federal Identification number on the first line below the statement: "In the sum of$ ... "

If you have any questions, please contact me by dialing (317) 233-9468 or byemail at [email protected].

Sincerely,

Thomas Kreke Solid Waste Permits Section Office of Land Quality

Enclosure: Notice of Decision

cc with enclosures: Vigo County Health Department Vigo County Commissioners


Vigo County Solid Waste Management District Mayor, City of Terre Haute President, Terre Haute City Council

0 A State that~

Recycled Paper


24

NOTICE OF DECISION

Indiana Department of Environmental Management (IDEM)


It can also be viewed online at !OEM's Virtual File Cabinet (VFC) website using the following steps:

1. Go to http://vfc.idem.lN.gov/, which is the VFC's "Document Search" page. 2. Once there, click on the Alternate Field dropdown menu. 3. Select SW Program ID. 4. Enter the Solid Waste Program ID, 84-UP-05, in the box to the right of the


for this facility. 6. Click on the x out of y Pages dropdown menu to view additional pages with


Doc# column for the most recent dates listed. If the permit decision is not yet available when you first search, try again later, it will soon be posted.





1. Information identifying the decision you are appealing, including the following: name of the facility name of the applicant/permittee permit number date of this notice



25









Please remember that you must file your petition(s) within the following timeframes:

1. If you read this notice in a newspaper, you must file the petition within 15 days of the notice's publication date (either the date of the printed newspaper, or the notice date given on the newspaper's website).









26

In order to assist permit staff in tracking any appeals of the decision, please provide a copy of your petition to Thomas Kreke, IDEM, Solid Waste Permits, IGCN 1101, 100 North Senate Avenue, Indianapolis, Indiana 46204-2251.








27



Vigo County Public Library 1 Library Square Terre Haute, Indiana 47807

1 DD N. Senate Avenue • Indianapolis, IN 46204

(BOD) 451-6027 • (317) 232-8603 • www.ldem,IN.gov

December 21, 2017 Bruno L. Pigott

Commissioner


Dear Sir/Madam:

A copy of a permit decision for the Legacy Dresser Station Landfill is enclosed. Also enclosed is a copy of the public notice announcing this permit decision and indicating the documents' availability at your library. This public notice will appear in a local newspaper soon. Please make these documents available to the public for the next 20 days since this permit can be appealed.



Sincerely,

Thomas Kreke Solid Waste Permits Section Office of Land Quality


cc with enclosures: Vigo County Health Department Vigo County Commissioners


Vigo County Solid Waste Management District Mayor, City of Terre Haute President, Terre Haute City Council

0 A State that~

Recycled Paper


28

NOTICE OF DECISION

Indiana Department of Environmental Management (IDEM)


It can also be viewed online at IDEM's Virtual File Cabinet (VFC) website using the following steps:

1. Go to http://vfc.idem.lN.gov/, which is the VFC's "Document Search" page. 2. Once there, click on the Alternate Field dropdown menu. 3. Select SW Program ID. 4. Enter the Solid Waste Program ID, 84-UP-05, in the box to the right of the


for this facility. 6. Click on the x out ofy Pages dropdown menu to view additional pages with


Doc # column for the most recent dates listed. If the permit decision is not yet available when you first search, try again later, it will soon be posted.





1. Information identifying the decision you are appealing, including the following: name of the facility name of the applicant/permittee permit number date of this notice



29









Please remember that you must file your petition(s) within the following timeframes: '

1. If you read this notice in a newspaper, you must file the petition within 15 days of the notice's publication date ( either the date of the printed newspaper, or the notice date given on the newspaper's website).









30

In order to assist permit staff in tracking any appeals of the decision, please provide a copy of your petition to Thomas Kreke, IDEM, Solid Waste Permits, IGCN 1101, 100 North Senate Avenue, Indianapolis, Indiana 46204-2251.


The OEA will provide you with notice of any pre-hearing conferences, preliminary hearings, hearings, stays, or orders regarding this decision if you submit a written request lei the OEA. If you do not provide a written request to the OEA, you will no longer be notified of any proceedings pertaining to this decision.





PETITIONER'S EXHIBIT 2-I IS CONFIDENTIAL

Petitioner's Exhibit 2-J (TJT) IURC Cause No. 45253 S1

1




(800) 451-6027 • (317) 232-8603 • WWW.idem.IN.go


October 17, 2019

Duke Energy Indiana, LLC Attn: George T. Hamrick 400 South Tyron Street Charlotte, North Carolina 28202

Dear Mr. Hamrick:

Re: Approval of Closure/Post-Closure Plan Duke Noblesville Generating Station Closure Implementation Plan Hamilton County SW Program ID 29-UP-01

Duke Energy Indiana, LLC's closure and post-closure plan for the Duke Noblesville Generating Station Ash Management Area is approved under 329 IAC 10 and the Agreed Order in IDEM Case No. 2017-24922-S. This approval is contingent upon compliance with the closure and post-closure plans referenced in this document, and the enclosed requirements.

The disposal site is located at 21225 Riverwood Avenue in Noblesville and contains approximately 38.5 acres, of which 16 acres will be closed in-place. Ash will be removed from approximately 22 acres and placed in the 15 acre Consolidated Ash Management Area to be closed in-place.

Public records for your facility are available in IDEM's Virtual File Cabinet at www.in.gov/idem. Documents related to this approval include the closure/post-closure plan dated July 18, 2018 (VFC #82582356), and supplemental information dated January 10, 2019 (VFC #82679884), and April 18, 2019 (VFC #82755832).




@ Recycled Paper


2


Page 2 Approval of C!osure/Post~Closure Plan

If you have any questions, please contact Anna Mishel, the Permit Manager assigned this facility, by dialing (317) 233-6725 or by e-mail at [email protected].

Enclosures: Approval Requirements

Sincerely,



cc with enclosures Hamilton County Health Department Hamilton County Commissioners Hamilton County Solid Waste Management District Mayor, City of Noblesville


3


Page 3 Approval of Closure/Post-Closure Plan

CLOSURE AND POST-CLOSURE APPROVAL REQUIREMENTS





E. Financial Responsibility for Closure and Post-Closure



4



Page4 Approval of Closure/Post-Closure Plan

A 1. The owner or operator must comply with 329 IAC 10 except where alternative specifications or requirements are noted in approved plans or this permit.

A2. The owner or operator must close and maintain the facility as described in the approved plans and specifications in the document titled "Proposed Site Closure Implementation Plan," dated July 18, 2018 (VFC #82582356), the requirements of this approval, and the following submittals:

a. The response to request for additional information dated January 10, 2019 (VFC #82679884)

b. Document dated April 18, 2019 (VFC #82755832, Addendum No. 1)

A3. The owner or operator must request approval from IDEM before modifying the approved closure and post-closure requirements and procedures by submitting a proposal (including revised plans or drawings if applicable) as specified in Requirement A5.

A4. The owner or operator must call (888) 233-7745 (IDEM's emergency response line) as soon as possible after learning of any event that may cause an imminent and substantial endangerment to human health or the environment, such as a reportable spill (327 IAC 2-6.1) or a fire or explosion that requires the response of the local fire department.

The owner or operator must follow up by sending a written report to the Solid Waste Permits Section at the address given in Requirement A5 within 5 business days after the event. The report must describe the event, and actions taken or planned to correct the event and prevent its recurrence.


Indiana Department of Environmental Management Office of Land Quality Solid Waste Permits Section IGCN 1101 100 North Senate Avenue Indianapolis, IN 46204-2251

Please provide three copies printed double-sided. We greatly appreciate an electronic copy in Acrobat PDF format on CD or DVD, in place of one of the printed copies.

A6. Records of all monitoring information and activities which are required to be submitted by this approval or specified in the closure or post-closure plan, must contain information listed in 329 IAC 10-1-4(a). Records must be maintained as specified in 329 IAC 10-1-4(b) and (c).


5


Page 5 Approval of Closure/Post~Closure Plan


8. CLOSURE REQUIREMENTS

81. The owner or operator must follow the facility closure/post-closure plan titled "Closure Implementation Plan," dated July 18, 2018 (VFC #82582356) and documentation dated January 10, 2019 (VFC #82679884) and April 18, 2019 (VFC #82755832).

82. The owner or operator must follow the schedule included in the closure/postclosure plan titled "Proposed Implementation Schedule," dated July 18, 2018 (VFC #82582356, p. 28), unless an alternate schedule is approved by IDEM, for completing the preparation activities and final closure of the ash disposal area.

83. The owner or operator must notify IDEM in writing at least 15 days before the intended date to begin closure of ash disposal area.

84. The owner or operator must place Coal Combustion Residual (CCR) structural fill as described in the documentation dated January 10, 2019 (VFC #82679884, p. 10 of 125).

85. The owner or operator must adopt measures that will effectively minimize CCR from becoming airborne and manage waste that generates fugitive dust and fugitive particulate matter as described in approved plans, and in a way that does not violate the rule for fugitive dust (326 IAC 6-4) or fugitive particulate matter (326 IAC 6-5), including 326 IAC 6-5-4(g) for solid waste handling control measures (329 IAC 10-8.2-2). The owner or operator must take any additional steps necessary to prevent violations for fugitive dust rules.

86. The owner or operator must manage surface water as described in the approved plans and meet the following requirements:

a. Maintain drainage ditches and erosion control structures to prevent off-site deposition of waste and sediment. Remove waste deposits and sediments from drainage ditches to properly convey storm water.


87. The owner or operator must properly dispose water that has been in contact with waste in accordance with all applicable local, state, and federal laws (329 IAC 10-28-16 and IC 13-30-2-1 ).

88. The owner or operator must follow confirmation procedure for the removal of CCR material as described in the documentation dated January 10, 2019 (VFC #82679884, p. 8 of 125).


6



B9. The owner or operator must construct the final cover as specified in the approved final cover grading plan shown on the drawing titled "Sheet 022R2, Final Cover Grading Plan Closure Implementation Plan," and on the drawing titled "Sheet 025R2, Surface Water Drainage Plan Ash Management Areas Closure Implementation Plan," dated April 17, 2019 (VFC #82755832, p. 32 and p. 35 of 35, respectively), and the following cover specifications. The owner or operator must construct the cover for each of the areas identified as follows:

a. Consolidated Ash Management Area (15 acres):

(1) 6 inches of compacted soil meeting the Unified Soil Classification System (USCS) classifications of CH, CL-CH, CL, ML-CL, ML, SC, and SM-SC.

(2) 30-mil PVC, 40-mil LLDPE, or 60-mil HOPE geomembrane liner installed over soil layer.

(3) Geotextile cushion or geocomposite drainage layer. (4) 30 inches of uncompacted protective soil. The upper 18 inches of

protective soil must consist of soils meeting the uses classifications of CL, ML-CL, ML, CH, SC, and SM-SC. The bottom 12 inches of the protective soil may include soils that are classified as SM, SM-SP, or SP.

(5) 6 inches of vegetative cover.

b. Areas containing the gas line (1 acre):

(1) 24 inches of cohesive soils such as CL, ML-CL, ML, CH, SC, and SM-SC.

(2) 12 inches of vegetative cover.

c. Former Coal Pile Area (2.5 acre):

(1) Average 10 feet soil grade raise fill to reestablish drainage. (2) 12 inches of vegetative layer

d. Gravel Parking Area (2 acre):

(1) Geotextile cushion or geocomposite drainage layer. (2) 24 inches of gravel.

e. Areas with ash excavation and removal (i.e., Ash Mound 1, Ash Mound 2, Ash Mound 3, Ash-Soil Mixture, and West Structural Fill Area) (17.5 acres):

(1) Following removal of the ash, area to be graded to establish a minimum 2% slope prior to conditioning the exposed soil.

(2) 12 inches of vegetative layer.

Grading and stabilization of final cover must be accomplished as described in 329 IAC 10-28-14.


7



B10. Upon selecting the specific materials for the composite liner system, the owner or operator must test the materials to verify that the interface friction values meet or exceed the values in the approved design. If the tests show that the interface friction values do not achieve the minimum factor of safety assumed in the approved plans, the permittee must select and test alternate materials and rerun the slope stability analysis.

B11. The owner or operator must test and install final cover components as specified in the document titled, "Quality Assurance Manual Installation of Final Cover System," revised in January 2019 (VFC #82679884, Appendix A, pp. 16-58 of 125), except as otherwise noted in this approval.

B12. Upon completion of the final cover system and establishment of vegetation, the owner or operator must submit to IDEM a final closure certification report and an Environmental Restrictive Covenant (ERC) for the entire ash disposal area with deed notation that meets the specifications in 392 IAC 10-30-7.

B13. The owner or operator must submit quarterly progress reports detailing activities toward completion of each milestone. After closure activities are completed, progress reports must be submitted on an annual basis until IDEM issues a Resolution of Case ( close out) letter.


C1. The owner or operator must perform 30 years of post-closure monitoring and maintenance including the activities specified in the facility revised post-closure plan dated April 18, 2019, Appendix A (VFC #82755832 pp. 22-30 of 35), and the performance standards, post-closure duties, and post-closure certification process specified in 329 IAC 10-31, as applicable.

C2. The owner or operator must correct and control nuisance conditions occurring at the facility (329 IAC 10-31-5), eliminate any threat to human health or the environment (329 IAC 10-31-6), and perform remedial actions as necessary (329 IAC 10-31-7).


D1. The owner or operator must comply with 329 IAC 10-29 (Ground Water Monitoring and Corrective Action).

D2. The owner or operator must conduct ground water monitoring throughout the post-closure care period of the facility (329 IAC 10-29-3). IDEM may extend the post-closure care period if ground water monitoring results show that the facility has not stabilized (329 IAC 10-31-4).


8


MONITORING DEVICES


D3. The owner or operator's ground water monitoring system (System) includes the following:

• Bedrock ground water monitoring wells: MW-1S, MW-1I, MW-1D, MW-2S, MW-2I, MW-2D, MW-3S, MW-3I, MW-4S, MW-4D, MW-5S, MW-5I, MW-5D, MW-6S, MW-6I, MW-6D, MW-7S, MW-7I, MW-7D, MW-8I, MW-8D, MW-9D, MW-1 OS, and MW-10I: the on-site drinking water well OW, and onsite production wells: PW-North and PW-South.

• Ground water monitoring wells screened in unconsolidated materials: MW-11 S, MW-11I, MW-11D, MW-12S, MW-12I, MW-12D, MW-13S, MW-13I, MW-14S, MW-14I, MW-14D, MW-15S, MW-16S, MW-16I, MW-16D, MW-17S, MW-17I, MW-17D, MW-18S, MW-18I, MW-18D, MW-19, MW-20, MW-21 and MW-22.

• One surface water monitoring location, SM, from the surface impoundment.

At least 60 days before installing new monitoring devices, the owner or operator must submit a device-installation plan for IDEM approval. The plan must provide the following:

a. A map showing the location of each device with respect to the facility's entire System and a current potentiometric surface.

b. A demonstration that each device yields representative ground water samples at an appropriate location and depth within the same aquifer or aquifers as the existing System.

c. Drilling methods and installation procedures that follow 329 IAC 10-21-4; well construction materials and details, including protocol for collecting, describing, and analyzing consolidated or unconsolidated materials (329 IAC 10-24-3(3)).

d. An example of a borehole log that includes information specified under 329 IAC 10-24-3(2).

e. Environmental qualifications of all field personnel.


D4. The owner or operator must label all ground water monitoring wells and piezometers (see Requirement F4). When reporting well and piezometer information, the owner or operator must include the identification for each well or piezometer.

D5. The owner or operator must secure the access ways to all monitoring wells and piezometers, as weather permits, to prevent unauthorized access and maintain the access ways so they are passable year round with the exception of flooding conditions.


9


Page 9 Approval of Closure/Post~Closure P!an

D6. The owner or operator must maintain all ground water monitoring wells and piezometers as follows:

a. Complete necessary repairs, other than replacement (see Requirement D8), within 10 days after discovery or other time frame approved by IDEM.


c. Repair all cracks in and around the casings and well pads that may affect the integrity of the wells.

d. Control vegetation height. e. Redevelop the wells as needed.

D7. When abandoning a ground water monitoring well or piezometer that is part of the facility's approved System, the owner or operator must:

a. Submit a written proposal for approval explaining the reasons for and detailing the method of abandonment.


c. Notify the IDEM Geology Section by phone, e-mail, or letter at least 10 days before the date the abandonment work will occur.

d. Provide written notification of abandonment to IDEM and IDNR within 30 days after plugging is complete. (IDNR (312 IAC 13-10-2(f)) requires written notice).

D8. The owner or operator must notify IDEM by phone, e-mail, or letter within 10 days after discovering that a ground water monitoring well or piezometer has been destroyed or is not functioning properly. The owner or operator must repair the well or piezometer if possible. If the well or piezometer cannot be repaired, then within 30 days after discovery, the owner or operator must submit a proposal for abandonment or replacement.

PLANS

D9. The owner or operator must follow the Sampling and Analysis Plan (SAP) dated August 9, 2017 (VFC #80505404), with clarifications noted in IDEM correspondence dated November 7, 2017 (VFC #80553528) and September 24, 2018 (VFC #82623062), and amendments dated August 1, 2018 (VFC #82591609).

D10. The owner or operator must follow the Quality Assurance Project Plan (QAPjP), contained within the SAP under Appendix G, dated August 9, 2017 (VFC #80505404).

D11. The owner or operator must follow an IDEM approved Statistical Evaluation Plan (StEP) that meets the minimum requirements listed in 329 IAC 10-29-5 (See Requirement F3).


10



012. If IDEM requests a revision to a SAP, QAPjP, or StEP, the owner or operator must submit the revised plan(s) for approval. The owner or operator must submit the plan(s) within 60 days after receiving the request. This submittal must include one original paper copy and one PDF electronic file of each plan. The owner or operator must not implement the revised plan(s) before receiving approval.

013. If the owner or operator makes design changes to the existing System listed in Requirement 03, the owner or operator must submit a revised SAP, QAPjP, and StEP for approval. The owner or operator must submit the plans within 60 days after completing all field activities associated with the design changes. This submittal must include one original paper copy and one PDF electronic file of each plan. The owner or operator must not implement the revised plans before receiving approval.

MONITORING PROGRAMS

014. The owner or operator must sample the facility's ground water monitoring wells listed in Requirement 03 quarterly during each year. Each sample collected quarterly must be analyzed for the following Phase I constituents: a. Field pH b. Antimony (total) c. Arsenic (total) d. Barium (total) e. Boron (total) f. Cadmium (total) g. Calcium (total) h. Chloride 1. Chromium (total) j. Cobalt (total) k. Fluoride I. Lithium (total) m. Molybdenum (total) n. Selenium (total) o. Sulfate p. Total dissolved solids (TDS)

The following Phase I constituents must be analyzed annually: a. Aluminum (total) b. Ammonia (as nitrogen) c. Beryllium (total) d. Bicarbonate alkalinity (as CaCQ3) e. Total alkalinity (as CaC03) f. Copper (total) g. Cyanide h. Field specific conductance i. Iron (total) J. Lead (total)


11


k. Manganese (total) I. Magnesium (total) m. Mercury (total) n. Nitrate o. Silver (total) p. Sodium (total) q. Strontium (total) r. Sulfide


s. Total Radium (Radium 226 and Radium 228 concentrations combined) t. Thallium (total) u. Zinc (total)

Whenever results of total chromium occur at or above its background concentration or U.S. Environmental Protection Agency maximum contaminant level, whichever is the higher concentration, the owner or operator must speciate and report both trivalent and hexavalent chromium concentrations.

D15. The owner or operator must use the results of the static water level measurements from the System listed in Requirement D3 to prepare potentiometric surface maps or ground water flow maps for each screened interval (shallow bedrock, intermediate bedrock, deep bedrock, shallow unconsolidated, intermediate unconsolidated, and deep unconsolidated). The maps must contain the following:


b. Ground water elevations for each well and piezometer, and the surface water elevation of the surface impoundment. The owner or operator must measure all static water levels on the same day and as close in time as possible before the purging and sampling event.


d. Ground-surface elevation at each well and piezometer. e. Facility property boundaries. f. Identification of the aquifer represented, either by a name or elevation. g. Solid waste fill boundaries. · h. Facility name and county. i. Map scale, north arrow, ground water flow direction arrows, and

potentiometric-surface contour intervals. j. Indications of which monitoring wells are considered background,

upgradient, downgradient, or intrawell. k. Locations and elevations of all site benchmarks.

D16. If a ground water flow map indicates that the ground water flow direction (including flow reversals) is other than anticipated in the design of the System listed in Requirement D3, then the owner or operator must notify IDEM of the difference in the ground water monitoring report submitted for Requirement D22. The notification must include either of the following: information demonstrating


12



that the monitoring well system still complies with 329 IAC 10-29-1 (b ); or a proposal to revise the monitoring system design for IDEM approval.

The owner or operator must determine if the System complies with 329 IAC 10-29-1 (b) within 7 days of initiating the scheduled semiannual sampling event. With IDEM approval, the facility may postpone the scheduled semiannual sampling event in 30-day increments if they determine that the System does not comply with 329 IAC 10-29-1 (b ).

If the owner or operator determines a ground water flow reversal occurred during a scheduled sampling event, then data from that sampling event must not be utilized in statistical evaluations or incorporated into the background ground water quality calculations specified in the StEP. Additionally, the facility must immediately schedule a replacement sampling event in order to complete the required evaluation for ground water releases from the facility. Within 7 days of scheduling the replacement sampling event, the facility must notify IDEM of the schedule.

If design changes to the existing System listed in Requirement D3 are necessary, then the owner or operator must make the changes within 30 days after receiving IDEM approval of the revised design or other time frame approved by IDEM.

D17. The owner or operator must determine the background ground water quality (See Requirement F1) for any background well added to the System listed in Requirement D3 by sampling each new well for four consecutive quarters within one year after their installation, unless the facility can justify to IDEM an extended period of no more than 12 additional months. The owner or operator must establish background ground water quality for the Phase I constituents listed in Requirement D14.

If the facility or IDEM determines that the current System (see Requirement D3) does not have the required background well(s), then within 60 days the facility must submit a plan per Requirement D3 proposing to establish new or additional background wells for the current System for IDEM review and approval. This plan must include well location(s) for obtaining background ground water quality samples that satisfy the specifications of this requirement.

D18. The owner or operator must implement the StEP identified in Requirement D11 to determine whether the constituent concentrations in ground water are stable using Mann-Kendall trend analysis to the 95% confidence level for each Phase I constituent. The owner or operator must include the outcome of each statistical determination in a statistical evaluation report (see Requirement D22.d).

D19. If the owner or operator determines there is a statistically significant increasing trend (increasing or decreasing for pH) for two or more of the Phase I constituents at any of the downgradient ground water monitoring wells, then the owner or operator must comply with the following requirements:


13

Duke Energy SW Program ID 29~UP-01


a. Notify IDEM in writing within 14 days after the finding. The notification must state which constituents showed statistically significant increasing trends (increasing or decreasing for pH) and which well(s) showed the elevated concentrations.

b. Collect and analyze the ground water from all monitoring wells for the constituents determined from 329 !AC 10-29-?(d). The owner or operator must submit the results to IDEM within 60 days after determining the statistically significant increasing trend(s). '

c. Establish a Phase II monitoring program based on the results obtained from Requirement D19.b and consult with the IDEM Geology Section within 30 days after completing Requirement D19.b.

The owner or operator must continue the scheduled Phase I monitoring as described in Requirement D14 and 329 !AC 10-29 throughout the establishment and implementation of the Phase II monitoring program.

D20. In lieu of Requirements D19.b and D19.c, the owner or operator may attempt to demonstrate that a source other than the solid waste facility caused the increasing trend (increasing or decreasing for pH) or that the increasing trend (increasing or decreasing for pH) resulted from error in sampling, analysis, or evaluation. For IDEM to approve the demonstration, the owner or operator must comply with the following requirements:

a. Notify IDEM in writing of the intent to make a demonstration. The owner or operator must submit the notification within 7 days after determining a statistically significant increasing trend (increasing or decreasing for pH).

b. Submit a report to IDEM within 90 days after determining a statistically significant increasing trend (increasing or decreasing for pH). The report must demonstrate that a source other than the solid waste facility caused the increasing trend (increasing or decreasing for pH), or that the increasing trend (increasing or decreasing for pH) resulted from error in sampling, analysis, or evaluation. The report must state what efforts the owner or operator will take to prevent these errors from recurring.

c. Continue to monitor ground water at all monitoring wells according to the scheduled Phase I monitoring established under 329 !AC 10-29-6.

If a demonstration is not acceptable to IDEM, the owner or operator must continue with Requirements D19.b and D19.c.

D21. If necessary, the owner or operator must implement a corrective action program as required under 329 !AC 10-29-9. The corrective action program is complete when ground water protection standards have been met at all points of the plume beyond the monitoring boundary for a period of three consecutive years using the statistical procedures outlined in 329 !AC 10-29-5 and procedures approved through this IDEM Approval Letter.


14


REPORTING


D22. No later than 60 days, except for radium-specific information which will be allowed no later than 90 days, after each ground water monitoring event completed for Requirement D14, the owner or operator must submit the information in a ground water monitoring report to the IDEM Solid Waste Permits Section in one unbound paper copy and in one electronic PDF file. The report must include the following:

a. One original unbound laboratory-certified report with analytical and field parameters results, field sheets, and chain-of-custody forms. The laboratory-certified report must include the following: detection limit for each chemical constituent, date samples collected, date the laboratory received the samples, date the laboratory analyzed the samples, date the laboratory prepared the report, method of analysis the laboratory used for each constituent, sample identification number for each sample, and results of all sample analyses.

b. All information specified in Requirement D15 and a table summarizing the static water level and ground water elevation for each well and piezometer.

c. Comments regarding ground water quality, recent notifications of any compliance issues related to a problematic well or piezometer (see Requirement DS), special field observations and procedures, and deviations from the SAP.

d. One original unbound copy of the statistical evaluation report (see Requirement D18).

The owner or operator may mail the PDF copy and electronic data file specified in Requirement D23 on a CD-ROM or DVD. The owner or operator must clearly label the PDF copy and electronic data file with the facility name and a brief description of the file. Alternatively, the owner or operator may e-mail the PDF copy and electronic data file to the IDEM Solid Waste Permits Section at the address listed in Requirement A5 and carbon copy [email protected]. Theemail must include the facility name and a brief description typed in the e-mail's subject heading.

D23. The owner or operator must submit one electronic data file of the analytical and field parameters results formatted as an ASCII, tab-delimited text file. The electronic data file must contain the facility's name, solid waste program identification number, and the name of the analytical laboratory. Additionally, the file must include the fields listed below for the analytical results and the following field parameters: pH, specific conductance, temperature, well depth, depth to water, and static water elevation.

a. SamplingDate: month, day, and year (mm/dd/yyyy). Value should be formatted as a date if possible.

b. SamplePointName: names of ground water monitoring wells, piezometers, leachate wells, surface water collection points, etc.


15



c. LaboratorySample ID: ID assigned to the sample by the laboratory. d. SampleType: regular, duplicate(s), trip blank(s), equipment blank(s), field

blank(s), verification re-sample(s), and replicate(s). e. SpeciesName: chloride, sodium, ammonia, field pH, etc. The order of

constituents is not critical. However, it is best to reflect the order that is on the laboratory data sheets and keep all field data grouped together. Metals should indicate "dissolved" phase or "total" phase. Associated static water levels do not have their own header, but must be entered as "GW Waterlevel" under the header "Species Name." The actual elevations must be entered under the header "Concentration."

f. Concentration (results): The entry must be a number. Please do not enter text, such as UNA," UNO," or"<."


h. Detected: yes or no. 1. Detection Limit. j. AnalyticalMethods. k. EstimatedValue: Indicate "Yes" if the reported concentration is an


I. Comment: analytical laboratory and/or field personnel comments regarding the reported results.

m. SampleMedium: ground water, leachate, surface water, etc. n. ProgramArea: Solid Waste.

Additional guidance on electronic data file submittals is available on IDEM's website at http://www.in.gov/idem/landquality/2369.htm or by e-mailing questions to [email protected].

D24. The owner or operator must retain laboratory quality assurance/quality control (QA/QC) documentation from valid analyses of ground water samples for at least three years.

Upon IDEM request, the owner or operator must submit the laboratory QA/QC for a specified ground water monitoring data package, in one paper copy and one electronic copy in PDF format, within 60 days after receiving the request. The Solid & Hazardous Waste Programs, Analytical Data Deliverable Requirements: Supplemental Guidance provides additional information about laboratory QA/QC. The guidance is available on IDEM's website at www.in.gov/idem/landquality/files/sw resource data deliverable reqs.pdf.


16




E1. The owner or operator must establish and maintain financial assurance in an amount not less than the approved updated closure and post-closure cost estimates in the documentation dated April 18, 2019 (VFC #82755832, pp. 9-30 of 35) using a financial assurance mechanism specified in 329 IAC 10-39. The owner or operator must submit signed originals of the financial assurance mechanism used to meet this requirement.




c. The owner or operator may revise the cost estimates to account for changes which reduce the cost of closure or post-closure. The permittee must provide documentation supporting reduced cost-estimates, for example, letters and maps documenting areas certified as closed.


e. The owner or operator must submit documentation showing that the financial assurance mechanism is current to cover the estimated costs of closure and post-closure. The permittee must submit signed originals of the financial assurance and/or updates used to meet this requirement.


F1. Within 60 days after receiving this IDEM Approval Letter, the owner or operator must submit a plan proposing to establish background ground water quality for the System specified in Requirement D3 for IDEM review and approval. This plan must include well location(s) for obtaining background ground water quality samples that represent historical conditions unaffected by a CCR unit or facility activities that may contribute constituents of concern listed in Requirement D14 against which background comparisons occur.


17


Page 17 Approval of C!osure/Post-C!osure Plan

F2. Within 60 days after installing the proposed wells in F4, the owner or operator must submit a new SAP describing sampling protocol, equipment, and methods for collecting samples to be analyzed for constituents listed in Requirement D14 and Requirement D17. The new SAP will replace the current SAP (see Requirement D9). The owner or operator must implement the new SAP upon IDEM's written approval. The submittal must include one original paper copy and one PDF electronic file.

F3. Within 60 days after the owner or operator establishes background ground water quality, the owner or operator must submit a StEP following 329 IAC 10- 29-5. The StEP is effective upon IDEM's written approval. The submittal must include one original paper copy and one PDF electronic file.

In the StEP, the owner or operator must present the data distribution assumptions. The statistical procedures must be appropriate for the data distribution and provide a balance between the probability of falsely identifying a significant difference and the probability of failing to identify a significant difference. To achieve the balance, the owner or operator should consider the background sample sizes, the number of individual statistical tests performed, and the specific verification resampling method. The statistical procedures must account for analytical results below method detection limits.

F4. Within 180 days after receiving this IDEM Approval Letter, the owner or operator must complete installation of the following ground water monitoring wells and piezometers, according to the Monitoring Well Work Plan dated May 29, 2018 (VFC #82552684), with clarifications and comments included in the IDEM correspondence dated June 26, 2018 (VFC #82572298): • Bedrock ground water monitoring wells: MW-24D, MW-25D, MW-27I, MW-

27D, and MW-30D. • Ground water monitoring wells screened in unconsolidated materials: MW-

15I, MW-15D, MW-26S, MW-26I, and MW-26D. • Piezometers: PZ-1, PZ-2, PZ-3, and PZ-4.

Within 180 days after completeing the closure activities, the owner or operator must complete the installation of the following groundwater monitoring wells and piezometers, according to the Monitoring Well Work Plan dated May 29, 2018 (VFC #82552684), with clarifications and comments included in the IDEM correspondence dated June 26, 2018 (VFC #82572298): • Bedrock groundwater monitoring wells: MW-28S. • Unconsolidated groundwater monitoring wells :MW-29S

Within 60 days after completing all ground water monitoring well and piezometer installations noted above, the owner or operator must submit a Ground Water Monitoring Well and Piezometer Completion Report to IDEM describing the methods and procedures used to install the wells and piezometers. In addition, the report needs to include soil and/or rock core logs, well completion diagrams, and IDNR well completion forms for each well and piezometer location.


18

Duke Energy SW Program ID 29-lJP-01


F5. Within 30 days after receiving this IDEM Approval Letter, the owner or operator must submit to IDEM for approval an updated schedule for the Closure Implementation Plan for completing the preparation activities and final closure of the ash disposal site.

F6. Within 45 days after receiving this IDEM Approval Letter, the owner or operator must establish a financial assurance mechanism as provided in 329 IAC 10-39 for the amount required by Requirement E1. The owner or operator must submit proof of financial assurance to IDEM no later than 60 days after establishing the mechanism.

F7. Within 30 days after receiving approval from IDEM, the owner or operator must submit the approval from Hamilton County including a description of the designs of the drainage ditches and sedimentation/detention basins.

FS. Within 12 months after receiving this IDEM Approval Letter, or other time frame approved by IDEM, the owner or operator must install a river staff gauge along the facility's property boundary at the White River. The gauge must be installed so that the owner or operator can determine the White River's elevation north of the low head dam during ground water monitoring events. After installation of the gauge, the owner or operator must include the elevation of the White River on the potentiometric surface maps or ground water flow maps required by D15. The owner or operator must measure all surface water levels on the same day and as close in time as possible before the purging and sampling event.


19

' INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

We Protect Hoosiers and Our Environment.


(800) 451-6027 • (317) 232-8603 • www.idem.lN.gov




Who may file an appeal? The decision described in the accompanying Notice of Decision may be administratively appealed. Filing an appeal is formally known as filing a "Petition for Administrative Review'' to request an «administrative hearing".

-If you object to this decision issued by the Indiana Department of Environmental Management (IDEM) and are: 1) the person to whom the decision was directed, 2) a party specified by law as being eligible to appeal, or 3) aggrieved or adversely affected by the decision, you are entitled to file an appeal. (An aggrieved and adversely affected person is one who would be considered by the court to be negatively impacted by the decision. If you file an appeal because you feel that you are aggrieved, it will be up to you to demonstrate in your appeal how you are directly impacted in a negative way by the decision).

The Indiana Office of Environmental Adjudication (OEA) was established by state law -see Indiana Code (IC) 4-21.5-7 - and is a separate state agency independent of IDEM. The jurisdiction of the OEA is limited to the review of environmental pollution concerns or any alleged technical or legal deficiencies associated with the IDEM decision making process. Once your request has been received by OEA, your appeal may be considered

· by an Environmental Law Judge.

What is required of persons filing an appeal? Filing an appeal is a legal proceeding, so it is suggested that you consult with an attorney. Your request for an appeal must include your name and address and identify your interest in the decision ( or, if you are representing someone else, his or her name and address and their interest in the decision). In addition, please include a photocopy of the accompanying Notice of Decision or list the permit number and name of the applicant, or responsible party, in your letter.

Before a hearing is granted, you must identify the reason for the appeal request and the issues proposed for consideration at the hearing. You also must identify the permit terms and conditions that, in your judgment, would appropriately satisfy the requirements of law with respect to the IDEM decision being appealed. That is, you must suggest an alternative to the language in the permit (or other order, or decision) being appealed, and your suggested changes must be consistent with all applicable laws (See Indiana Code 13-15-6-2) and rules (See Title 315 of the Indiana Administrative Code, or 315 IAC).

0 A State that~



20

The effective date of this agency action is stated on the accompanying Notice of Decision (or other IDEM decision notice). If you file a "Petition for Administrative Review" (appeal), you may wish to specifically request that the action be "stayed" (temporarily halted) because most appeals do not allow for an automatic "stay''. If, after an evidentiary hearing, a "stay" is granted, the IDEM-approved action may be halted altogether, or only allowed to continue in part, until a final decision has been made regarding the appeal. However, if the action is not "stayed" the IDEM-approved activity will be allowed to continue during the appeal process.




Your appeal (petition foradministrative review) must be received by the Office of Environmental Adjudication in a timely manner. The due date fur filing an appeal may be given, or the method for calculating it explained, on the accompanying Notice of Decision {NOD). Generally appeals must be filed within 18 days of the mailing date-of the NOD. To ensure that you meet this filing Tequirement, your appeal request must be: 1) Delivered in person to OEA, by the close-of-business on the eighteenth day (if the 18th





What are the costs associated with filing an appeal? · The OEA does not charge a fee for filing documents for an administrative review or for the use of its hearing facilities. However, OEA does charge a fifteen cent ($.15) per page fee for copies of any doc;uments you may request. Another cost that could be associated with Your appeal would be for attorney's fees. Although you have the option to act as your own

0 A State that~

Filing an appeal Page2


21

Attorney, the administrative review and associated hearing are complex legal proceedings; therefore, you should consider whether your interests would be better represented by an experienced attorney.

What can you expect from the Office of Environmental Adjudication (CEA) after you file for an appeal? The OEA will provide you with notice of any prehearing conference, preliminary hearings, hearings, "stays," or orders disposing of the review of this decision. In addition, you may contact the OEA by phone at (317) 233-0850 with any scheduling questions. However, technical questions should be directed to the IDEM contact person listed on the Notice of Decision.


0 A State that~

Filing" an appeal Page 3


22

Poe, Diane L

From: Poe, Diane L Sent: To:

Thursday, October 17, 2019 7:19 AM '[email protected]'

Subject Attachments:

FW: Duke Noblesville Generating Station Closure Plan Approval 101619 29-UP-01 Duke Noblesville NOD only.docx

Sorry about the typo in the original email address.

Diane Pae, Administrative Assistant Permits Branch I Office of Land Quality Indiana Department of Environmental Management


From: Poe, Diane L Sent: Thursday, October 17, 2019 7:18 AM To: '[email protected]' <[email protected]> Subject: Duke Noblesville Generating Station Closure Plan Approval


Please insert for one time only the enclosed legal notice, in The Current Publishing LLC (Noblesville), on Tuesday, October 29, 2019 (or earliest possible date).


Starting January 2019, we are asking all newspapers to provide us an estimated invoice prior to publishing this notice. You may email it to my attention. Please include Account Number 4478 on all billing correspondence.





1


23

J Diane· Poe, Administrative A5sistant Permits Branch I Office of Land Quality



2


24


100 N. Senate AVenue • Indianapolis, IN 46204

(800) 451-6027 • (317) 232-8603 • www.idem.lN.gov



Hamilton East Public Library 1 Library Place Noblesville, Indiana 46060

Dear Sir/Madam:

October 17, 2019


A copy of a permit decision for the Duke Noblesville Generating Station Ash Management Areas is enclosed. Also enclosed is a copy of the public notice announcing this permit decision and indicating the documents' availability at your library. This public notice will appear in a local newspaper soon. Please make these documents available to the public for the next 20 days since this permit can be appealed.




Sincerely,

Anna Mishe Solid Waste Permits Section Office of Land Quality

cc with enclosures: Hamilton County Health Department Hamilton County Commissioners Hamilton County Solid Waste Management District Mayor, City of Noblesville

0 A State that~


PETITIONER'S EXHIBIT 2-K IS CONFIDENTIAL


Estimated Expendit ures Att ributable to Duke Energy Indiana's

Coa l Ash Management and Closure Plan Costs Accounted for in Regulatory Asset

Line Past Cost Requested I Future Costs Requested in Sub-docket

in Base Rates

No. Station Basin (Note 3) 2019 2020 2021 2022 2023 2024 2025

1 Basin Closure (Note 2)

2 Cayuga

3 Lined Ash Disposal Area $ 4 Ash Disposal Area #1

5 Primary Ash Settling Pond

6 Cayuga Total

7 Ga llagher

8 North Ash Pond

9 Primary Pond Ash Fill

10 Ash Pond A

11 Ash Pond B/Landfi ll

12 Ga llagher Total

13 Gibson

14 East Ash Pond n/a Note 1 Note 1

15 East Ash Settling Basin n/a Note 1 Note 1

16 Gibson Total

17 Wabash River

18 Ash Pond A

19 Secondary Settling Pond

20 South Ash Pond

21 Wabash River Tota l

22 Dresser n/a Note 1 Note 1 -23 Noblesville - - - -24 COR Adjustment (Note 4) n/a - -25 Future Basin Closure (unescalated) $ $ $ 1: $ $ I: 1: 26 Requested Future Basin Closure (escalated)(Note 5) n/a $ $ $ $

Note 1 - Included in pending base rate case, Cause No. 45253.

Note 2 - The basins included here are t hose t hat have approved closure plans -- the basins excluded are Gallagher Primary Pond, all of Gibson other than East Ash Pond and East Settling Basin,

Wabash River North Ash Pond, and Wabash River Ash Pond B.

Note 3 - These expenditures are a portion of w hat was requested in the Rate Case. They are not being requested in t his sub-docket. They are included here to get t he fu ll v iew of the project costs and to t ie to supporting work papers.

Note 4 - Allowance for basin closure costs was included as a cost of removal (COR) in the depreciation rates included in base rates billed under Cause No. 43259, which was assumed to end in mid 2020 at w hich t ime

all basin closure will be recovered via regulatory asset amortization. Therefore the COR adjustment will no longer be needed to determine the incremental costs to be recovered.

Note 5 - Costs escalated at 2.1% for 2021 and 2.2% per year after from 2020 base dollars.

I

2026 2027 2028

$ $ $ $

1: I: $ $

PETITIONER'S EXHIBIT 2-L (TJT)

IURC CAUSE NO. 45253 Sl

Page 1 of 2

Sub-docket

Closure Request,

Total 2019-2028

- 93,700,985

- 104,696,880

- 87,472,218

- 1,322,161

- 15,849,156

- (1,073,892)

- $ 301,967,508

$ 316,418,423

Line

No. Station Basin

1 Coal Ash Management (Note 2)

2 Cayuga

3 Lined Ash Disposal Area

4 Ash Disposal Area #1

5 Primary Ash Settling Pond

6 Secondary Ash Settling Pond

7 Cayuga Total

8 Ga llagher

9 North Ash Pond

10 Primary Pond Ash Fill

11 Ash Pond A

12 Ash Pond B/ Landfill

13 Ga llagher Total

14 Gibson

15 East Ash Pond

16 East Ash Settling Basin

17 Gibson Total

18 Gibson - Partnership Credit

19 Gibson less Partnership Credit

20 Wabash River

21 Ash Pond A

22 Secondary Settling Pond

23 South Ash Pond

24 Wabash River Tota l

25 Dresser

26 Noblesville

27 Requested Coal Ash Management (unescalated)

28 Requested Coal Ash Management (escalated)(Note 5)

Note 1 - Included in pending base rate case, Cause No. 45253.

I

$ $

2019

Note 1

Note 1


Estimated Expenditures Attributable to Duke Energy Indiana's Coal Ash Management and Closure Plan Cost s Accounted for in Regulatory Asset

2020

Note 1

Note 1

2021 Future Costs Requested in Sub-docket

2022 2023 2024

Note 2 - The basins included here are t hose t hat have approved closure plans -- the basins excluded are Gallagher Primary Pond, all of Gibson other than East Ash Pond and East Settling Basin,

Wabash River North Ash Pond, and Wabash River Ash Pond B.

2025

Note 3 - These expenditures are a portion of w hat was requested in the Rate Case. They are not being requested in t his sub-docket. They are included here to get t he full v iew of the project costs and to t ie to supporting work papers.

Note 4 - Allow ance for basin closure costs was included as a cost of removal (COR) in the depreciation rates included in base rates billed under Cause No. 43259, which was assumed to end in mid 2020 at w hich t ime

all basin closure will be recovered via regulatory asset amortization. Therefore the COR adjustment will no longer be needed to determine the incremental costs to be recovered.

Note 5 - Costs escalated at 2.1% for 2021 and 2.2% per year after from 2020 base dollars.

I 2026 2027 2028

PETITIONER'S EXHIBIT 2-L (TJT)

IURC CAUSE NO. 45253 Sl

Page 2 of 2

$ $

Sub-docket

Request

6,417,433

6,879,571

1,185,218

6,758,253

2,813,386

10,879,878

34,933,739

37,170,582

Cayuga

Lined Ash Disposal Area

Finishing Pond (formerly thesecondary settling pond)

Ash Disposal Area 1

Primary Ash Settling Pond

RWS Landfill

West Ash Fill Area

Petitioner's Exhibit 2-M (TJT) IURC Cause No. 45253 S1

1

Gallagher

RWS Type I Landfill

Ash Fill Area #1

Primary Pond Ash Fill Area

North Ash Pond

Primary Pond

Ash Pond A

Secondary Settling Pond

Ohio River Flow

Ash

Pond

B/L

andf

ill


2

DresserCoal Ash Management Area

Mine Refuse Management Area

Coal Ash Management Area (Small Area South)


3

Wabash River Station

North Ash Pond

South Ash Pond

Ash Pond A

Ash Pond B

Wabash River Flow

Secondary Settling Pond

Undeveloped Area

N


4

Noblesville

Northwest Ash Mound

Eastern Hill


5

4/15/2020

VERIFICATION

I hereby verify under the penalties of perjury that the foregoing representations are true to the best of my knowledge, information and belief.

Signed: - ~--'---'&--~------Timothy . Thiemann

Dated: ----------

45253 S1

Date post:	19-Oct-2020
Category:	Documents
Upload:	others
View:	0 times
Download:	0 times