What s In Your Water? A Discussion of Threats To Virginia s Water Quality

Transcription

1 What s In Your Water? A Discussion of Threats To Virginia s Water Quality March 27 28, 2015 William and Mary School of Law Dr. John L. Daniels, P.E. Professor and Chair Department of Civil and Environmental Engineering UNC Charlotte

2 Sent: Monday, February 10, :39 PM To: Daniels, John Subject: media query Here's my question for you or someone you might refer me to: Did Duke violate any principle of civil engineering in expanding the ash basin in question over a corrugated metal stormwater pipe? The pipeline, when it failed, served as a conduit for ash and wastewater to the river. From: Daniels, John Sent: Monday, February 10, :31 PM Subject: RE: media query Thanks for your note and question. Appropriately designed, constructed, and maintained corrugated metal pipe can pass underneath a variety of infrastructure, including ash ponds.

3 48 CMP 36 RCP

4 2010 Proposed Rule 2014 Ruling 2014 NC Coal Ash Management Act

5 Comparisons Site Date Mass of Ash (tons) PPL Martins Creek Station Delaware River Bangor, PA TVA Emory and Clinch Rivers Kingston, TN Duke Energy Dan River Station Dan River Eden, NC , Volume of Water (million gallons) ,100,000 1, ,000 27

6 Coal Combustion Basics Source: Duke Energy,

7 Coal Combustion Products Source: USGS,

8 Scanning Electron Microscope Images Source: J. Daniels

9 Source: J. Daniels

10 Duke Energy asks for coal ash leaks to continue By Jim Bradley 4:40 p.m. EDT, Fri March 13, 2015 CHARLOTTE, N.C. Environmental groups said Duke Energy and state regulators are attempting to legalize potential toxic leaks from controversial coal ash ponds. New permits for three Charlotte area sites show Duke is requesting permission to allow multiple leaks to continue. Duke Energy's coal ash disaster is well-documented. Last year, a failure at a coal ash pond near the Virginia border sent a toxic sludge of coal ash into the Dan River. Since then, Duke Energy has agreed to pay a $100 million fine to the federal Environmental Protection Agency.

11 Duke Energy asks for coal ash leaks to continue By Jim Bradley 4:40 p.m. EDT, Fri March 13, 2015 CHARLOTTE, N.C. Environmental groups said Duke Energy and state regulators are attempting to legalize potential toxic leaks from controversial coal ash ponds. New permits for three Charlotte area sites show Duke is requesting permission to allow multiple leaks to continue. Duke Energy's coal ash disaster is well-documented. Last year, a failure at a coal ash pond near the Virginia border sent a toxic sludge of coal ash into the Dan River. Since then, Duke Energy has agreed to pay a $100 million fine to the federal Environmental Protection Agency.

12 Leachability Under the regulations subsequently promulgated, a waste is considered hazardous and subject to regulation under Subtitle C if it exhibits any one of four characteristics of hazardousness ignitability, corrosivity, reactivity, or toxicity. 40 C.F.R (a)(1), (2012). The characteristic of toxicity is the leaching of toxic residues into surrounding liquid, Envtl. Def. Fund, 852 F.2d at 1310, as determined using the Toxicity Characteristic Leaching Procedure ( Leaching Procedure ) set forth in EPA Publication SW 846, 40 C.F.R Disposal of all other solid wastes is regulated under Subtitle D of the Act. Source: Case 1:12 cv RBW Document 40 Filed 10/29/13 Page 4 of 35

13 Not meant to be read John if interested in a copy

14 Data Sources: Characterization of Coal Combustion Residues from Electric Utilities Leaching and Characterization Data, EPA 600/R 09/151 December 2009 Lindsay, W. L Chemical equilibria in soils. John Wiley, as cited in Ground Water Issue, Behavior of Metals in Soils EPA/540/S 92/018 Solid Phase Concentration Comparisons A Study of the Metal Content of Municipal Solid Waste, Chemical Science and Technology Laboratory, NIST (prepared for US DOE),

15 Room for Argument Aqueous Phase Concentration Comparisons

16 Evaluating trace elements in groundwater Background concentrations: may exceed standards Credit: J. Daniels/B. Langley

17 Typical Leachate Data Column Leach Test - Cadmium 100 Concentration, ug/l /6/2004 Samples (Low SPLP) 11/12/2003 Samples (High SPLP) 7 Day Composite Samples GW Standard = 5 ug/l Pore Volumes 17

18 Source: Associated Press. Coal ash, scooped from the Dan River after the Feb. 2 spill

19 Evaluating Leachability and Transport Credit: J. Daniels/B. Langley

20 Numerical Model (MODFLOW): Fate and Transport Sensitivity Analysis Boron concentration at compliance boundary Compliance boundary

21 Q =? C =? Source:

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24 Upstream Dissolved µg/l /5/2014 2/6/2014 2/7/2014 aluminum arsenic iron copper Downstream Dissolved µg/l No NC Water Quality standards for dissolved metals /5/2014 2/6/2014 2/7/2014 aluminum arsenic iron copper

25 Image Credit:

26 Upstream Total µg/l Reported as 16,000 µg/l /3/2014 2/4/2014 2/5/2014 2/6/2014 2/7/2014 aluminum arsenic iron copper Downstream Total µg/l 2/3/2014 2/4/2014 2/5/2014 2/6/2014 2/7/2014 aluminum arsenic iron copper Applicable Standard: Aluminum 87 µg/l (aquatic) Iron 1000 µg/l (aquatic health)

27 Upstream Total µg/l /3/2014 2/4/2014 2/5/2014 2/6/2014 2/7/2014 aluminum arsenic iron copper Applicable Standard: Downstream Total µg/l Arsenic 10 µg/l (human health) Copper 7 µg/l (aquatic health) /3/2014 2/4/2014 2/5/2014 2/6/2014 2/7/2014 aluminum arsenic iron copper

28 Parting Comments Risk and Reuse

29 You need all three Source Pathway Receptor

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31 March 6, 2014: Superior Court Judge Paul Ridgeway take immediate action to eliminate sources of contamination that cause a concentration of a substance in excess of groundwater quality standards EPA pre-publication CCR Rule: EPA believes that solid waste activities should not be allowed to contaminate underground drinking water sources to exceed established drinking water standards

32 Are we encouraging reuse? CAMA Legislative Timelines EPA CCR Timelines Citizen Suits Source:

33 ASTM Standard Guides

34 Dr. John L. Daniels, P.E. Professor and Chair Department of Civil and Environmental Engineering UNC Charlotte Energy Production and Infrastructure Center Room Phillips Road Charlotte, NC Phone: Fax: