Coal Combustion Residuals (CCRs)

Transcription

1 Coal Combustion Residuals (CCRs) Overview of 40 CFR Part 257 & Relationship with Florida Requirements October 26, 2016

2 Introduction 40 CFR Part 257 under RCRA Subtitle D Establishes national criteria for the disposal of coal combustion residuals (CCR) materials Landfills Surface impoundments CCR materials include fly ash, bottom ash, boiler slag, and flue gas desulfurization (FGD) materials. 2

3 CCR Overview Options for CCR: Sent off-site for disposal, Send off-site for beneficial use, or Disposed on-site in landfills and/or surface impoundments. In 2012, nationally, 40% of CCR was beneficially used with 60% disposed mostly on-site. Based on 2015 survey of 10 facilities, beneficial use of FGD materials, fly ash and bottom ash is about 66% 3

4 Applicability of 40 CFR Part CFR Part 257 applies to: New and existing CCR landfills and surface impoundments, including all landfill lateral expansions that receive CCR materials. Certain inactive CCR surface impoundments located at active electric utilities, if the units still contain liquid and CCR. If closure of an inactive surface impoundment is completed within 36 months of April 19, 2015, it is excluded from further regulation, including post closure care. If closure of an inactive surface impoundment is not completed by April 19, 2018, the unit is subject to all applicable requirements of the rule. 4

5 Units Not Regulated Under 40 CFR Part 257 CCR landfills that have ceased receiving CCR materials prior to October 19, CCR units at facilities that have ceased producing electricity prior to October 19, CCR generated from non-utility boilers, e.g., manufacturing facilities, universities, hospitals. CCR that is beneficially used. CCR placement at active or abandoned underground or surface coal mines. Municipal Solid Waste Landfills (MSWLFs) that receive CCR. 5

6 40 CFR Part 257 Regulatory Approach Self-Implementing : Facilities must comply with rule requirements without the action of a regulatory agency. States are not required to adopt or implement 40 CFR Part 257; to develop a permit program; or submit a program covering CCR disposal units to EPA for approval. EPA has encouraged States to adopt the federal minimum criteria into its regulations, to revise their Solid Waste Management Plans (SWMPs), and to submit the revised SWMP to EPA for approval. A State program does not operate in lieu of the federal regulations. Facilities are required to develop a publicly accessible website and post compliance information. A qualified PE is required to certify that the technical requirements of the rule are being met. Citizens and States can enforce the requirements under RCRA citizen suit authority. EPA can use Section 7003 to address imminent and substantial endangerment situations; however, EPA cannot enforce the regulations. 6

7 Key Provisions of 40 CFR Part 257 Beneficial Use Location Restrictions Design Standards Liners and Structural Integrity Operating Standards o Fugitive Dust Control o Run-on/Run-off for Landfills o Hydrologic and Hydraulic Capacity Requirements for Surface Impoundments o Inspections for Surface Impoundments & Landfills Groundwater Monitoring and Corrective Action Closure and Post-Closure Care Recordkeeping/Notifications and Internet Posting 7

8 Beneficial Use of CCR (257.53) 40 CFR Part 257 does not regulate CCR that is beneficially used. Beneficial use of CCR must meet all of the following: The CCR must provide a functional benefit; The CCR must substitute for the use of a virgin material, conserving natural resources that would otherwise need to be attained through practices such as extraction; The use of CCR must meet relevant product specifications, regulatory standards, or design standards when available, and when such standards are not available, CCR must not be used in excess quantities; and When unencapsulated use of CCR involves placement on the land of 12,400 tons or more in non-roadway applications, the user must demonstrate and provide documentation upon request, that environmental releases to groundwater, surface water, soil, and air are comparable to or lower than those from analogous products made without CCR, or that releases will be below relevant regulatory and health-based benchmarks for human and ecological receptors. Compare Sections & , F.S. 8

9 Location Restriction Requirements ( ) The CCR rule established five location restrictions as follows: o Placement above the uppermost aquifer (257.60) Applies to new CCR landfills and all lateral expansions, and existing and new CCR surface impoundments. Must be constructed with a base located no less than five feet above the uppermost aquifer. Or must 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 o Wetlands (257.61) o Fault areas (257.62) o Seismic impact zones (257.63) o Unstable areas (257.64) New CCR units are prohibited from being sited in these areas unless specific demonstrations can be made. Existing CCR surface impoundments must determine compliance with all five location restrictions by October 19, Existing CCR landfills must determine compliance only with the unstable area requirement by October 19,

10 Closure Requirements ( ) If an existing CCR unit cannot meet specified location criteria, the facility must initiate closure of the unit within six months of the determination. (Determinations must be completed by October 19, 2018). If an existing unlined CCR surface impoundment exceeds any groundwater protection standard, it must either retrofit or initiate closure within six months of the determination of the groundwater exceedance. If a CCR surface impoundment fails to conduct a Factor of Safety (FOS) assessment or fails to meet a FOS assessment, the facility must initiate closure of the unit within six months. Inactive surface impoundments (no CCR received after October 19, 2015 but still contains CCR) must complete closure by April 19, 2018, to be exempt from all other requirements. 10

11 Post Closure Requirements ( ) Owners or operators of existing facilities must prepare a post closure plan for by October 19, Following closure, the owner or operator must: o Maintain integrity and effectiveness of final cover system; o If applicable, maintain integrity and effectiveness of leachate collection and removal system; and o Maintain groundwater monitoring system and continue monitoring groundwater. Owners or operators must continue post-closure care for 30 years: o However, if at the end of 30 years, the unit is operating under assessment monitoring, the facility must continue to conduct post closure care until the facility returns to detection monitoring. Units that clean close (removal) are not subject to these provisions. Inactive units closed by April 19, 2018 are not subject to these provisions. 11

12 11/20/

13 Florida Coal Fired Power Plants There are fourteen (14) coal fired power plants in Florida. Site visits were conducted for eleven facilities by the FDEP Solid Waste Section from May to November Visits were not conducted for the JEA NGS facility; the Cedar Bay facility; or the Indiantown facility since the Cedar Bay and Indiantown facilities do not have any CCR units, and the JEA NGS facility is exempt from 40 CFR Part 257, since it burns 80% petcoke. 13

14 Florida Coal Fired Power Plants Surface Impoundments: Landfills: a) Five facilities have potential active or in-active CCR surface impoundments. b) There are a total of 10 potential active or in-active surface impoundments. a) Six facilities have active CCR Landfills that were scheduled to be in operation after October 19, b) These landfills are also regulated separately under , F.A.C, as part of their Power Plant Siting Act licenses. 14

15 FDEP Permit Approach for Coal Fired Power Plants Separate From 40 CFR Part 257 Florida began permitting coal fired power plants in the 1970s and most coal fired power plants are permitted under the Florida Power Plant Siting Act and Florida s NPDES permit program. All permitted facilities with landfills have conditions for management of CCR materials as a solid waste in their permits, and all CCR units have groundwater monitoring requirements. New CCR landfills are required to be constructed with bottom liner systems and leachate controls. At the time of renewal of an NPDES permit, documentation is required for surface impoundment operation and maintenance; annual integrity inspections; and reporting and recordkeeping. Beneficial use of CCRs is allowed pursuant to Section , F.S. 15

16 Unique Requirements in 40 CFR 257 that differ from Existing FDEP Permit Requirements requires existing and new CCR surface impoundments and new CCR landfills and lateral expansions to be 5 ft. above the water table or demonstrate no hydraulic connection. This poses a difficulty for certain facilities in Florida due to high water table conditions requires that the downgradient groundwater monitoring system must be installed at the waste boundary, instead of at the Zone of Discharge boundary through require implementation of corrective actions for exceedances of parameters detected in downgradient monitoring wells at the waste boundary, rather than at the Zone of Discharge boundary. 16

17 Next Steps Monitor federal legislation ASTSWMO EPA Continue to provide compliance assistance Existing permit/siting requirements Questions on federal requirements Monitor CCR websites or submittals Continue to study beneficial use applications 11/20/

18 Hinkley Center Study 11/20/

19 FLORIDA SECTION AWMA CCR PANEL Southern Company Brett Mitchell October 26, 2016 *All content current as of 8/1/16

20 America s Premier Energy Company

21

22 Elements of CCR / ELG Strategy Fly Ash Management Ash Pond Closure Bottom Ash Management Landfill CCR Water Management ELG Wastewater Treatment

23 Integrated Compliance Strategy Infrastructure and planning to accommodate both CCR and ELG requirements Installation of dry ash handling systems, additional wastewater treatment systems, ash disposal facilities, beneficial reuse contracts, pond closure, etc.

24 How do you close an ash pond? Removal Develop closure plan Dewater Excavate ash and place in another CCR Unit, dispose of offsite, or beneficial reuse Verify ash is removed Close-In Place (Cap and Cover System) Develop closure plan Dewater Consolidate footprint Install cover system (Cap) Post Closure Care

25 CCR Rule Presentation A&WMA 2016 Carl Eldred

26 NPDES Permit Renewal Comments from Environmental Groups Point Source Issue EGs claim CCR Units that are hydrologically connected to WOTUS are discharging pollutants to WOTUS via groundwater. CWA prohibits the discharge of a pollutant from a point source without an NPDES permit. Point source is any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, or container from which pollutants are or may be discharged.

27 NPDES Permit Renewal Comments from Environmental Groups Point Source Issue (cont.) EGs want discharges from CCR units to hydrologically connected groundwater to be included in the permit and This argument is prominent in EG CWA litigation Mixed federal caselaw CWA confers authority over discharges to groundwater hydrologically connects to surface waters CWA does not confer authority over such discharges and that regulation of groundwater should be left to the states

28

29 NPDES Permit Renewal Comments from Environmental Groups ELG Compliance Issues Bottom ash wastewater zero discharge either by dry ash handling or complete recycling of ash handling water As soon as possible, beginning Nov 1, 2018 and not later than December 21, DEP to specify compliance deadline for ELGs in permit renewal. EGs pushing for compliance by November 1, EGs claim conversion to dry handling or closed loop recycling in approximately 23 to 30 months.

30 NPDES Permit Renewal Comments from Environmental Groups ELG Compliance Issues (cont.) Leachate from unlined CCR landfills EGs assert if discharged to surface water via hydrologically connected groundwater should be included in the NPDES permit. BAT limitations would apply on the date permit is issued.

31 NPDES Permit Renewal Comments from Environmental Groups CCR Rule Issues EGs claim exceedances within ZOD require initiation of corrective action under CCR Rule Existing impacts within a ZOD constitute a release under the CCR rule that require assessment of corrective measures Only way to prevent further contamination of groundwater is to remove accumulated CCR and decontaminate the site Expansive view of what constitutes a CCR unit.

32 NPDES Permit Renewal Comments from Environmental Groups CCR Rule Issues (cont.) EGs want incorporation of CCR rule groundwater monitoring requirements into permit. Compliance with location restrictions Unstable/karst area - must demonstrate engineering practices have been incorporated into the design of the CCR unit to ensure the integrity of the structural components will not be disrupted. Pushing for changes in CCR management before October 17, 2018.

33 QUESTIONS? Carl Eldred Hopping Green & Sams 119 South Monroe St Tallahassee, Florida

34 Coal Combustion Residuals (CCR) 1

35 IT ONLY TOOK 200 YEARS 2

36 BEVILL 12/22/2008 Kingston Fossil Plant coal fly ash slurry spill The TVA Kingston Fossil Plant coal fly ash slurry spill occurred just before 1 a.m. on Monday December 22, 2008, when an ash dike ruptured at an 84-acre (0.34 km 2 ) solid waste containment area at the Tennessee Valley Authority's Kingston Fossil Plant in Roane County, Tennessee, USA. 1.1 billion US gallons (4,200,000 m 3 ) of coal fly ash slurry was released. 3

37 The beginning of the new CCR 4

38 5

39 6

40 CONSIDERATIONS 7

41 REGS ARE 8

42 THE PANEL WILL NOW WALK YOU THROUGH 9