► HALEY & ALDRICH REGULATORY UPDATE
USEPA Issues Final
Coal Combustion
Residuals Rule
4
II.What Are the Major Technical
Requirements of the Rule?
Introduction
6
III.What Role Does Risk Assessment
Play?
7
IV.Is There a Role for Beneficial Use
of CCR?
8
T able 1: Summary of Regulatory
Criteria
10
T able 2: Summary of Groundwater
Monitoring Requirements
12
T able 3: Appendix III and IV
Constituents and MCLs
13
F igure 1: Groundwater Monitoring
Flowchart Summary
14
F igure 2: Final CCR Rule Existing
Impoundments and Landfills
Compliance Timeline Summary
15
The H&A Way: How We Can Help
On December 19, 2014, USEPA issued the pre-publication
copy of the 2014 Final Rule: Disposal of Coal Combustion
Residuals (CCRs) for Electric Utilities (Rule). The Rule will
become effective six months after its publication date (publication in the Federal Register is expected in Q1, 2015). The
most significant provisions regarding CCR landfills and surface
impoundments have the stated intentions of reducing the
potential for impoundment failures, protecting groundwater
surrounding CCR management units, and establishing clear
operating and record-keeping requirements for electric utilities
that produce and manage CCRs and beneficially reuse Coal
Combustion Products (CCPs). The Rule provides prescriptive
timelines for establishing public website postings, implementing
CCR unit groundwater monitoring programs, and completing
CCR pond upgrades/closures. The Rule includes an extensive
preamble describing USEPA’s intent and rationale for changes
from the 2010 Draft Rule.
www.haleyaldrich.com
TABLE OF CONTENTS
1Introduction
3 I.Summary
► HALEY & ALDRICH REGULATORY UPDATE: USEPA Issues Final Coal Combustion Residuals Rule
There are a number of key elements of the Rule, which:
•Applies to electric utilities and independent power
producers that generate CCRs and the management of those CCRs in new and existing landfills and
surface impoundments, and any lateral expansions
of same, at both on- and off-site locations;
•Classifies CCRs as a Subtitle D solid/non-hazardous waste under the Resource Conservation and
Recovery Act (RCRA); however, USEPA is deferring
its final decision on the Bevill Regulatory Determination because of “regulatory and technical uncertainties” that USEPA feels cannot be resolved at this
time;
•Provides for nationally applicable minimum siting and
design criteria for the disposal of CCRs in landfills
and surface impoundments;
•Establishes requirements for closure and/or
continued operation/monitoring of both existing and
new CCR surface impoundments and landfills (as
well as lateral expansions of existing CCR landfills
and surface impoundments);
•Requires any existing unlined CCR surface impoundment that is contaminating groundwater above a
regulated constituent’s groundwater protection
standard to stop receiving CCR and either retrofit or
close, except in limited circumstances;
•Requires the closure (or retrofit) of any CCR landfill
or CCR surface impoundment that cannot meet the
applicable performance criteria for location restrictions or structural integrity;
•Requires CCR surface impoundments that do not
receive CCR after the effective date of the Rule, but
still contain water and CCR, be subject to all applicable regulatory requirements, unless the owner or
operator of the facility dewaters and installs a final
cover system on these inactive units no later than
three years from publication of the Rule;
•Is self-implementing; and,
•Allows the continued beneficial reuse of (CCPs) in
various forms and applications.
Existing and new CCR facilities will need to comply
with Subtitle D of 40 C.F.R. Part 257. Self-implementation will require due diligence for Owners of these
facilities. To assist with understanding the final Rule,
Haley & Aldrich has developed the following reference
tools:
•A table that summarizes the regulatory criteria for
new landfills and lateral expansions, new impoundments and lateral expansions, existing landfills, and
existing impoundments. See Table 1;
•A table that summarizes the groundwater monitoring
program. See Table 2;
•A flow chart that summarizes the groundwater monitoring program. See Figure 1;
•A timeline showing the compliance framework for
existing impoundments and landfills. See Figure 2;
and,
•A table that lists the groundwater program’s
Appendix III list of constituents for Detection Monitoring and the Appendix IV list of constituents for
Assessment Monitoring. See Table 3.
The full text of the final Rule, as well as supporting information, can be found on USEPA’s website:
http://www2.epa.gov/coalash/coal-ash-rule
A USEPA fact sheet on the final Rule can be found at:
http://www2.epa.gov/coalash/fact-sheet-final-rule-coal-combustion-residuals-generated-electric-utilities
2www.haleyaldrich.com
► HALEY & ALDRICH REGULATORY UPDATE: USEPA Issues Final Coal Combustion Residuals Rule
I. Summary
Subtitle D - What Does This Mean?
USEPA has classified CCRs as a Subtitle D solid/
non-hazardous waste rather than as a RCRA
hazardous waste (Subtitle C). The Rule establishes
nationally applicable minimum criteria for the safe
disposal of CCRs in landfills and surface impoundments.
Is This the Final Regulatory Determination for CCR?
No. USEPA states that it is deferring its final decision on the Bevill Regulatory Determination citing
“regulatory and technical uncertainties that cannot
be resolved at this time,” thus reserving the right to
revise this decision and regulate under Subtitle C in
the future. However, the final Rule retains the Bevill
exclusion for CCR that is beneficially used.
What Is the Objective of the Rule?
The purpose of the Rule is to achieve the statutory
standard of “no reasonable probability of adverse
effects on health or the environment” at all sites
subject to the standards based exclusively on the final
Rule provisions. USEPA believes this means the standards must account for and be protective of all sites,
including those that are highly vulnerable.
What Does the Rule Require?
Under Subtitle D, CCR landfills and surface impoundments not in compliance with the Rule will be considered “open dumps.” Owners will have to perform
corrective measures for any regulatory deficiencies or
cease receiving CCR and close.
How Will the Rule Be Enforced? What Does SelfImplementing Mean?
The Rule will be enforced under Subtitle D and is
self-implementing under 40 C.F.R. Part 257. While
USEPA believes it has the authority to develop and
promulgate the national minimum criteria governing
the disposal of CCR in landfills and surface impound-
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► HALEY & ALDRICH REGULATORY UPDATE: USEPA Issues Final Coal Combustion Residuals Rule
ments, they do not believe these authorities provide
them with the ability to issue permits, require states
to issue permits, approve state programs to operate
in lieu of the Federal program, or to enforce any of the
requirements addressing the disposal of CCR. Consequently, USEPA designed the RCRA Subtitle D Rule to
ensure the requirements will effectively protect human
health and the environment within those limitations.
They have done this by establishing a very prescriptive
program with limited opportunities for site-specific
flexibility. Because of USEPA’s position on their lack
of enforcement authority, the final Rule establishes a
self-implementing program such that the performance
standards can be implemented without regulatory
oversight.
What Role Does the Citizen Lawsuit Play?
USEPA states they cannot enforce the Rule’s requirements. Instead, they will rely on citizens or states
acting as citizens to enforce the requirements under
RCRA’s citizen suit authority; the states can also
continue to enforce any state regulation under their
independent state enforcement authority. Thus,
the Rule will be enforced through state or citizen
lawsuits under RCRA section 7002 for non-compliance. USEPA has developed a number of provisions
designed to facilitate citizens to enforce the Rule.
These include the requirement to publicly post monitoring data, along with critical documentation of facility
operations, so the public will have access to the information to monitor activities at CCR disposal facilities.
What Roles Do the States Play?
The states can bring suit against facilities for noncompliance with the Rule. USEPA is also “providing the
opportunity for states to secure approval of its CCR
program” through the State Solid Waste Management
Program (SWMP). “EPA strongly recommends that
States take advantage of this process by revising
their SWMPs to address the issuance of the revised
federal requirements in this final rule, and to submit
revisions of these plans to EPA for review. EPA would
then review and approve the revised SWMPs provided
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they demonstrate the minimum federal requirements
in this final rule will be met. In this way, EPA's approval
of a revised SWMP signals EPA’s opinion that the State
SWMP meets the minimum federal criteria.” USEPA
also states: “EPA expects the approval of a state solid
waste management plan, while it cannot prevent a
citizen group from filing a lawsuit, will carry substantial
weight in any court proceeding charged with determining whether compliance with state requirements
constitutes compliance with the federal criteria.”
The Rule is considered to provide the minimum requirements for compliance; however, states have the ability
to develop more stringent requirements than the
Federal Rule. It is unclear whether risk-based regulatory programs common in many states will be considered to be compliant with this new Federal Rule.
What Units Are Impacted?
The Rule establishes national minimum criteria for
owners/operators of existing and new CCR landfills, existing and new CCR surface impoundments
(including inactive units) and all lateral expansions.
The minimum criteria consist of location restrictions,
design and operating criteria, groundwater monitoring
and corrective action requirements, closure requirements and post-closure care, recordkeeping, notification, and internet posting requirements. The Rule
requires any existing unlined CCR surface impoundment confirmed to impact groundwater above the
regulated constituent’s groundwater protection standard, stop receiving CCR and either retrofit or close,
except in limited circumstances. It also requires the
closure of any CCR landfill or CCR surface impoundments that cannot meet the applicable performance
criteria for location restrictions or structural integrity.
II. What Are the Major Technical Requirements of
the Rule?
The major Rule requirements are summarized on Table
1. Some of the more significant issues are discussed
below.
► HALEY & ALDRICH REGULATORY UPDATE: USEPA Issues Final Coal Combustion Residuals Rule
Location Restrictions
Existing CCR units must meet location restrictions
designated in the Rule within 42 months of the effective date or cease sending CCR to the facility and
begin closure. These location restrictions address
placement of CCR: above the uppermost aquifer, in
wetlands, within fault areas, in seismic impact zones,
and in unstable areas. The five location restrictions
apply to all new CCR landfills, all new and existing CCR
surface impoundments, and all lateral expansions of
CCR units. However, existing CCR landfills are only
subject to the location restriction for unstable areas.
Liner Requirements
Documentation is required 18 months after Rule
publication to verify whether existing impoundments
meet the definition of “lined” or “unlined.” New CCR
surface impoundments and landfills are required to
have composite liners that meet specific requirements
within the Rule.
Operating Criteria
Documentation is required starting six months after
publication of the Rule that CCR landfills and surface
impoundments are compliant with select specified
operating criteria, including: (1) air criteria, which are
performance-based standards that require taking steps
to minimize amount (or quantity) of CCR becoming
airborne at the facility; and, (2) CCR surface impoundment and landfill inspection requirements, including
documentation recording the results of each inspection
and instrumentation monitoring by a qualified person at
intervals not exceeding seven days. Run-on and run-off
controls for CCR landfills, and hydrologic and hydraulic
capacity requirements for CCR surface impoundments
are to be in place 18 months after publication. Owners
of CCR units must place the information pertaining to
the operating criteria in the facility’s operating record
as it becomes available.
Groundwater Monitoring & Corrective Action
Within 30 months after publication of the final Rule,
owners and operators of CCR units will: install a
professional engineer-certified groundwater monitoring system, develop a sampling and analysis
program including statistical analysis methods, define
background and downgradient groundwater quality,
initiate detection monitoring (eight independent sample
events), and begin evaluating groundwater monitoring
data. By the end of the 30-month period, the professional engineer-certified groundwater sampling plan
and statistical analysis of results are required to be
posted on the facility’s public website.
The groundwater monitoring system consists of two
elements: Detection Monitoring and Assessment
Monitoring. The results of this monitoring determine
the need for Corrective Action. Table 2 provides a
summary of the major components of this process, and
Figure 1 provides a flow chart for groundwater compliance activities.
•During the Detection Monitoring phase, a sufficient number of wells are to be sited upgradient (a
minimum of one well) and downgradient (a minimum
of three wells) of the existing CCR unit, are to be
sampled over a minimum of eight independent
sampling events over a 30-month period, and the
samples analyzed for the constituents listed in
Appendix III and Appendix IV. See Table 3. If any of
the Appendix III constituents in the downgradient
wells exhibit a statistically significant increase over
background concentrations, Assessment Monitoring
is initiated.
•During the Assessment Monitoring phase, the
facility must analyze all Appendix IV constituents
in each downgradient well. For each Appendix IV
constituent, a groundwater protection standard
(GWPS) is developed during the assessment monitoring phase. The GWPS is the higher of the Federal
Primary Drinking Water Standard or Maximum
Contaminant Level (MCL) and background. If a
constituent does not have a MCL, the GWPS is
background. Table 3 identifies the Appendix III and
Appendix IV constituents and their respective MCLs,
where available.
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► HALEY & ALDRICH REGULATORY UPDATE: USEPA Issues Final Coal Combustion Residuals Rule
If there is a statistically significant increase of one or
more Appendix IV constituent’s GWPS, then the CCR
unit must move into Corrective Action and specify the
schedule for accomplishing and completing corrective
measures. Assessment phase groundwater monitoring
is required for three consecutive years after completion of corrective action to ensure the selected remedy
was successful before returning to the detection
monitoring phase.
Closure & Post-Closure Care
Closure and post-closure requirements are effective
18 months after the Rule publication. Closure of a CCR
unit is triggered in one of three ways:
1.When a CCR unit receives the known final
waste shipment or when the owner or operator removes the known final volume of CCRs
from the unit for the purposes of beneficial
use, closure must begin within 30 days of such
receipt or volume removal.
2.For “Idled Units” (where the unit has remaining
storage capacity or where there has been a
temporary suspension of removal activities),
closure is required two years after the most
recent receipt of CCRs or the last removal for
beneficial use, whichever is later.
3.When a unit fails to meet certain technical
criteria (for example, if any CCR unit fails to
meet location criteria; if an unlined surface
impoundment has a groundwater exceedance
of Appendix IV constituents, or if a surface
impoundment fails to meet the safety factor
requirements), closure must be initiated within
six months under any of these conditions.
The Rule provides timing requirements for closure of
landfills and surface impoundments. Landfills must
complete closure within six months of commencing
closure and surface impoundments must complete
closure within five years of commencing closure. There
is some flexibility in the Rule for potential extensions
for closure with appropriate documentation and justification for requirements. See Figure 2 for the compli-
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ance timeline for existing impoundments and landfills.
Inactive Units
The requirements of the Rule do not apply to inactive
CCR landfills, which are defined as CCR landfills that
do not accept waste after the effective date of the
regulations.
An owner or operator of an inactive CCR surface
impoundment that completes closure and meets all of
the requirements in §257.100 [Inactive CCR Surface
Impoundments – Closure and Post-Closure Care] within
36 months after date of publication of the final Rule in
the Federal Register, is exempt from all other requirements in the Federal Rule. CCR surface impoundments
that do not receive CCR after the effective date of the
Rule, but still contain water and CCR, will be subject
to all applicable regulatory requirements, unless the
owner or operator of the facility dewaters and installs a
final cover system on these inactive units no later than
three years from publication of the Rule. However, it is
important to note states may provide their own guidance and set of requirements for inactive closure. If the
owner of an inactive surface impoundment elects to
close under §257.100 of the Rule, notification must be
provided within eight months from the date of publication in the Federal Register, and the means of closure
must be defined. Inactive units can elect to close by
leaving the CCR in place or by removing and decontaminating all areas affected by releases from the
CCR surface impoundment (including the liner). If the
owner or operator of the CCR surface impoundment
fails to complete closure of the inactive CCR surface
impoundment within the 36 month timeframe, the CCR
unit must comply with all of the requirements applicable to existing CCR surface impoundments under
the Final Rule.
III. What Role Does Risk Assessment Play?
USEPA states that the objective of the Rule is “to
achieve the statutory standard of ‘no reasonable
probability of adverse effects on health or the environment’ at all sites subject to the standards.” USEPA
► HALEY & ALDRICH REGULATORY UPDATE: USEPA Issues Final Coal Combustion Residuals Rule
uses this as the rationale for requiring all CCR units to
meet MCLs or background, whichever is higher, under
Assessment Monitoring. The Federal RCRA Program
allows for the use of Alternate Concentration Limits
(ACLs) to replace MCLs as a standard during Assessment Monitoring, and provides detailed guidance for
their derivation. The use of ACLs was a component
of the draft Rule. However, in this final rule-making,
USEPA determined that the use of ACLs was “inappropriate in a self-implementing rule, as it was unlikely that
a facility would have the scientific expertise necessary
to conduct a risk assessment, and was too susceptible
to potential abuse.” Many state programs are riskbased, and it is unclear at this time whether the use of
ACLs under direct regulation by a state program and
a state’s risk-based program, would meet the Federal
minimum criteria outlined in the Rule and would constitute compliance with the Federal criteria.
USEPA in the preamble encourages the use of the
risk-based corrective action (RBCA) process, such
as outlined in ASTM E2081−00 Standard for RiskBased Corrective Action, for making closure decisions
(i.e., whether to conduct closure in place or excavate
and remove ("clean closure") at a given CCR unit). This
process should then also be appropriate to determine
if “clean closure” has been achieved (i.e., whether the
removal action is protective of human health and the
environment).
The Rule also includes the use of risk assessment to
evaluate the potential impacts to human health and the
environment upon implementation of a remedy as one
evaluation factor in remedy selection (Section 257.97
(c)).
(1)The CCR must provide a functional benefit;
(2)The CCR must substitute for the use of a virgin
material, conserving natural resources that
would otherwise need to be obtained through
practices, such as extraction;
(3)The use of the CCR must meet relevant product
specifications, regulatory standards or design
standards when available, and when such standards are not available, the CCR is not used in
excess quantities; and
(4)When unencapsulated use of CCR involving
placement on the land of 12,400 tons or more
in non-roadway applications, the user must
demonstrate and keep records, and provide such
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
environmental releases to groundwater, surface
water, soil and air will be at or below relevant
regulatory and health-based benchmarks for
human and ecological receptors during use.”
USEPA released a methodology and conducted a
beneficial use evaluation for fly ash in concrete and
FGD gypsum in wallboard in February, 2014, and,
based on the results, has unequivocally supported such
beneficial uses [http://www2.epa.gov/coalash/coal-ashreuse]. USEPA is currently developing a methodology
for evaluating the placement on the land of 12,400
tons or more CCR in non-roadway applications.
IV. Is There a Role for Beneficial Use of CCR?
The final Rule retains the Bevill exclusion for CCR that
is beneficially used. USEPA provides the following
definition:
“Beneficial use of CCR means the CCR meet all of the
following conditions:
www.haleyaldrich.com7
FINAL 2015 FEDERAL CCR REGULATIONS
Category
Subtitle D - 40 CFR 257
40 CFR 257.53 Definitions: Coal combustion residuals (CCR) means fly ash, bottom ash, boiler slag, and flue gas desulfurization materials
generated from burning coal for the purpose of generating electricity by electric utilities and independent power producers.
Applicability
New Landfill/Lateral Expansion
New Impoundment/Lateral Expansion
Existing Landfill
Existing Impoundments
Regulatory Reference
Floodplains
(a)
Shall not restrict the flow of base flood, reduce
the temporary storage capacity of the floodplain, or result in washout of solid waste, so as
to pose a hazard to human life, wildlife, or land
or water resources
Shall not restrict the flow of base flood,
reduce the temporary storage capacity
of the floodplain, or result in washout
of solid waste, so as to pose a hazard
to human life, wildlife, or land or water
resources
Shall not restrict the flow of base flood, reduce
the temporary storage capacity of the floodplain, or result in washout of solid waste, so as to
pose a hazard to human life, wildlife, or land or
water resources
Shall not restrict the flow of base
flood, reduce the temporary storage
capacity of the floodplain, or result in
washout of solid waste, so as to pose a
hazard to human life, wildlife, or land or
water resources
40 CFR 257.3-1 (a)
Endangered
Species (a)
Shall not cause or contribute to the taking
of any endangered or threatened species of
plant, fish, or wildlife and Shall not result in
destruction or adverse modification of their
critical habitat
Shall not cause or contribute to the
taking of any endangered or threatened
species of plant, fish, or wildlife and
shall not result in destruction or adverse
modification of their critical habitat
Shall not cause or contribute to the taking of any
endangered or threatened species of plant, fish,
or wildlife and shall not result in destruction or
adverse modification of their critical habitat
Shall not cause or contribute to the
taking of any endangered or threatened
species of plant, fish, or wildlife and
shall not result in destruction or adverse
modification of their critical habitat
40 CFR 257.3-2
Surface
Water (a)
Shall not discharge pollutants or dredged or
fill materials into waters of the US (including
wetlands), or cause non-point source pollution
Shall not discharge pollutants or dredged
or fill materials into waters of the US
(including wetlands), or cause non-point
source pollution
Shall not discharge pollutants or dredged or
fill materials into waters of the US (including
wetlands), or cause non-point source pollution
Shall not discharge pollutants or
dredged or fill materials into waters of
the US (including wetlands), or cause
non-point source pollution
40 CFR 257.3-3
40 CFR 257.82
Placement
Above the
Uppermost
Aquifer
Base located min of 5 feet above upper
limit of uppermost aquifer, or demonstrate
no intermittent, recurring, or sustained
hydraulic connection between the base of
the CCR unit and the uppermost aquifer
due to normal fluctuations in groundwater
elevations (including the seasonal high
water table)
Base located min of 5 feet above upper
limit of uppermost aquifer, or demonstrate no intermittent, recurring,
or sustained hydraulic connection
between the base of the CCR unit and
the uppermost aquifer due to normal
fluctuations in groundwater elevations (including the seasonal high
water table)
N/A
Base located min of 5 feet above
upper limit of uppermost aquifer,
or demonstrate no intermittent,
recurring, or sustained hydraulic
connection between the base of the
CCR unit and the uppermost aquifer
due to normal fluctuations in
groundwater elevations (including
the seasonal high water table)
40 CFR 257.60
Wetlands
Must not be located in wetlands unless a
demonstration is made pursuant to this section
Must not be located in wetlands unless
a demonstration is made pursuant to
this section
N/A
Must not be located in wetlands
unless a demonstration is made
pursuant to this section
40 CFR 257.61
Fault Areas
Must not be located within 200 feet of the
outermost damage zone of a fault that has had
displacement in Holocene time unless a demonstration is made pursuant to this section
Must not be located within 200 feet of
the outermost damage zone of a fault
that has had displacement in Holocene
time unless a demonstration is made
pursuant to this section
N/A
Must not be located within 200 feet
of the outermost damage zone of a
fault that has had displacement in
Holocene time unless a demonstration is made pursuant to this section
40 CFR 257.62
Seismic
Impact Zones
Must not be located within seismic impact
zones unless a demonstration is made pursuant
to this section
Must not be located within seismic
impact zones unless a demonstration is
made pursuant to this section
N/A
Must not be located within seismic
impact zones unless a demonstration is made pursuant to this section
40 CFR 257.63
Unstable
Areas
Must not be located in an unstable area unless
a structural integrity demonstration is made
pursuant to this section
Must not be located in an unstable area
unless a structural integrity demonstration is made pursuant to this section
Must not be located in an unstable area unless
a structural integrity demonstration is made
pursuant to this section
Must not be located in an unstable
area unless a structural integrity
demonstration is made pursuant to
this section
40 CFR 257.64
Composite
Liner - Upper
Component
Min. 30-mil geomembrane liner (GM) or 60-mil
if HDPE
Min. 30-mil geomembrane liner (GM) or
60-mil if HDPE
N/A
If retrofitted then min. 30-mil
geomembrane liner (GM) or 60-mil
if HDPE
40 CFR 257.70 (b)
40 CFR 257.71
40 CFR 257.72
Composite
Liner - Lower
Component
2 ft. thick compacted soil with k < 1 x 10-7
cm/s, or equivalent alternative
2 ft. thick compacted soil with k < 1 x
10-7 cm/s, or equivalent alternative
N/A
If retrofitted then a 2 ft. thick
compacted soil with k < 1 x 10-7 cm/s
is required, or equivalent alternative
40 CFR 257.70 (b)
40 CFR 257.71
40 CFR 257.72
Composite
Liner - Lower
Component
- equivalent
Alternative
An alternative material with k < 1 x 10-7 cm/s
that is NOT a geomembrane
An alternative material with k < 1 x 10-7
cm/s that is NOT a geomembrane
N/A
An alternative material with k < 1 x
10-7 cm/s that is NOT a geomembrane
40 CFR 257.70 (c)
40 CFR 257.71
40 CFR 257.72
► HALEY & ALDRICH REGULATORY UPDATE: USEPA Issues Final Coal Combustion Residuals Rule
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Table 1: Summary of Regulatory Criteria
FINAL 2015 FEDERAL CCR REGULATIONS
Category
Subtitle D - 40 CFR 257
40 CFR 257.53 Definitions: Coal combustion residuals (CCR) means fly ash, bottom ash, boiler slag, and flue gas desulfurization materials
generated from burning coal for the purpose of generating electricity by electric utilities and independent power producers.
Applicability
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New Impoundment/Lateral Expansion
Existing Landfill
Existing Impoundments
Regulatory Reference
Leachate
Collection
and Removal
System
< 30-cm (1 ft.) depth of leachate over liner
N/A
N/A
N/A
40 CFR 257.70 (d)
Classified
as High or
Significant
Hazard
Potential
N/A
Emergency Action Plan required, with
periodic assessments
N/A
Emergency Action Plan required, with
periodic assessments
40 CFR 257.73
40 CFR 257.74
Air Criteria
Performance based with dust control plans,
no numeric standard
Performance based with dust control
plans, no numeric standard
Performance based with dust control plans,
no numeric standard
Performance based with dust
control plans, no numeric standard
40 CFR 257.80
Run-On
Control
Prevent flow onto active portion of landfill
during 24-hr, 25-yr storm
Inflow Design Flood Control System
Plan (design flood based on hazard
classification)
Prevent flow onto active portion of landfill during
24-hr, 25-yr storm
Inflow Design Flood Control System
Plan (design flood based on hazard
classification)
40 CFR 257.81
40 CFR 257.82
Run-Off
Control
"Collect and control volume flow from 24-hr,
25-yr storm
Inflow Design Flood Control System
Plan (design flood based on hazard
classification)
Collect and control volume flow from 24-hr,
25-yr storm
Inflow Design Flood Control System
Plan (design flood based on hazard
classification)
40 CFR 257.81
40 CFR 257.82
Inspection
Requirements
Inspections by a Qualified Person or Qualified
Professional Engineer on a periodic basis as
specified
Inspections by a Qualified Person or Qualified Professional Engineer on a periodic
basis as specified
Inspections by a Qualified Person or Qualified
Professional Engineer on a periodic basis as
specified
Inspections by a Qualified Person or
Qualified Professional Engineer on a
periodic basis as specified
40 CFR 257.83
40 CFR 257.84
Final Cover
Vegetative
Layer
6” erosion/vegetative layer
6" erosion/vegetative layer
6” erosion/vegetative layer
6" erosion/vegetative layer
40 CFR 257.100 (b)(3)(i)(C)
40 CFR 257.102 (d)(3)(1)(C)
Final Cover
Infiltration
Layer
18” infiltration layer
18" infiltration layer
18” infiltration layer
18" infiltration layer
40 CFR 257.100 (b)(3)(i)(B)
40 CFR 257.102 (d)(3)(1)(B)
Final Cover
Permeability
Permeability less than or equal to any bottom
liner or natural subsoils or permeability
< 1x10-5 cm/s whichever is less
Permeability less than or equal to any
bottom liner or natural subsoils or permeability < 1x10-5 cm/s whichever is less
Permeability less than or equal to any bottom
liner or natural subsoils or permeability <
1x10-5 cm/s whichever is less
Permeability less than or equal to any
bottom liner or natural subsoils or
permeability < 1x10-5 cm/s whichever is less
40 CFR 257.100 (b)(3)(i)(A)
40 CFR 257.102 (d)(3)(1)(A)
Post-Closure
Care
30 yr.
30 yr.
30 yr.
30 yr.
40 CFR 257.104 (c)
Post-Closure
Maintenance
of Final Cover
Maintaining integrity and effectiveness
including making repairs as necessary to
correct effects of settlement, subsidence,
erosion or other events and preventing
run-on and run-off from eroding or otherwise
damaging the final cover
Maintaining integrity and effectiveness
including making repairs as necessary to
correct effects of settlement, subsidence,
erosion or other events and preventing
run-on and run-off from eroding or otherwise damaging the final cover
Maintaining integrity and effectiveness
including making repairs as necessary to
correct effects of settlement, subsidence,
erosion or other events and preventing run-on
and run-off from eroding or otherwise damaging
the final cover
Maintaining integrity and effectiveness
including making repairs as necessary to
correct effects of settlement, subsidence,
erosion or other events and preventing
run-on and run-off from eroding or
otherwise damaging the final cover
40 CFR 257.104 (b)(1)
Post-Closure
Maintenance
of Leachate
Collection
System
Maintaining the system and continued monitoring
N/A
Maintaining the system and continued monitoring
N/A
40 CFR 257.104 (2)
Post-Closure
Maintenance
and Monitoring of
Groundwater
System
Maintaining the system and continued monitoring
Maintaining the system and continued
monitoring
Maintaining the system and continued monitoring
Maintaining the system and continued
monitoring
40 CFR 257.104 (3)
Note: BOLD items in the table represent changes from the Proposed CCR Rule.
(a) - Requirements from existing 40 CFR Part 257, referenced but not changed in the Final CCR Rule.
► HALEY & ALDRICH REGULATORY UPDATE: USEPA Issues Final Coal Combustion Residuals Rule
New Landfill/Lateral Expansion
FINAL 2015 FEDERAL CCR REGULATIONS
Category
Detection
Monitoring
Program
Assessment/
Compliance
Monitoring
Program
Subtitle D
Regulatory Reference
Groundwater Monitoring System
- Existing CCR Landfills and
Impoundments
1) Install groundwater monitoring system as described in 257.91, 2) develop groundwater
sampling and analysis program, which includes selection of statistical procedures to be
used for evaluating the groundwater monitoring data, 3) initiate detection monitoring
which includes measuring water levels and collecting a minimum of eight independent
samples from each upgradient and downgradient well and analyze for both Appendix III and
Appendix IV constituents, and, 4) begin evaluating the groundwater monitoring data for
statistically significant increases over background levels for Appendix III constituents
40 CFR 257.90 (b)
Groundwater Monitoring System
- New CCR Landfills and Impoundments and Lateral Extensions
Prior to receipt of CCR, 1) develop groundwater monitoring system and sampling and analysis program as above, 2) collect eight independent samples from each background well,
and, 3) analyze each sample for Appendix III and Appendix IV constituents for the first six
months
40 CFR 257.90 and 40 CFR 257.94 (b)
Groundwater Monitoring System
Certification
Existing CCR landfills and existing CCR surface impoundments must certify a groundwater
monitoring system within 24 months of effective date (30 months from publication) and
update operating record, then update website within 30 days after operating record update
40 CFR 257.90 (b)
Upgradient Wells
One minimum
40 CFR 257.91 (c)
Downgradient Wells
Three minimum (at waste boundary)
40 CFR 257.91 (c)
Sampling and Analysis Documentation
Prepare sampling and analysis program documentation; place it in operating record and on
publicly accessible website
40 CFR 257.93 (a)
Appendix III Constituents
Boron, calcium, chloride, fluoride, pH, sulfate, TDS
40 CFR 257.94 (a), Appendix III
Establish Background
For existing CCR landfills and surface impoundments: establish background for Appendix III
& IV constituents; for new CCR landfills, new surface impoundments, and all lateral extensions, establish background concentration for both Appendix III and IV constituents
40 CFR 257.90 (b)
40 CFR
257.94 (b)
Sampling
At least one sample from each background and downgradient well must be collected during
each semi-annual sampling event
40 CFR 257.94 (c)
Statistical Analysis
Conduct statistical analysis according to sampling & analysis program
40 CFR 257.93 (h)
Violation Conditions
One or more Appendix III constituents detected at statistically significant level above background
40 CFR 257.94 (e)
Violation Notification
Initiate assessment monitoring and place notification in operating record, post to website
within 30 days of operating record entry, or demonstrate other source of contamination
within 90 days
40 CFR 257.94 (e)(1&2), 257.105 (h),
257.106 (h), and 257.107 (h)
Recordkeeping
Update operating record, and then post to website within 30 days
40 CFR 257.93 (f)
Appendix IV Constituents
Antimony, arsenic, barium, beryllium, cadmium, chromium, cobalt, fluoride, lead, lithium,
mercury, molybdenum, selenium, thallium, radium 226 and 228 combined
40 CFR 257.95 (b), Appendix IV
Initial Assessment Sampling
Minimum of one sample from each well within 90 days analyzed for Appendix IV constituents; background was established with initial certification per 40 CFR 257.94 (b)
40 CFR 257.95 (b)
Sampling Notification
Place in operating record - which must then be posted to the website within 30 days- and
the state notified when website is updated
40 CFR 257.95 (d)(1)
Sampling - Continuing Action
Resample all wells within 90 days, and on at least a semi-annual basis thereafter, for
Appendix III and Appendix IV constituents
40 CFR 257.95 (d)(1)
► HALEY & ALDRICH REGULATORY UPDATE: USEPA Issues Final Coal Combustion Residuals Rule
10www.haleyaldrich.com
Table 2: Summary of Groundwater Monitoring Requirements
FINAL 2015 FEDERAL CCR REGULATIONS
Category
Assessment/
Compliance
Monitoring
Program
www.haleyaldrich.com11
Regulatory Reference
Establish Background
Background established when groundwater monitoring system was certified
40 CFR 257.94 (b)
Establish GWPS
Establish groundwater protection standards (GWPS) for any Appendix IV constituents
detected; these are the higher of the Maximum Contaminant Level (MCL), where available,
or background
40 CFR 257.95 (h)
Assessment Monitoring Closure
If constituents are below background for two consecutive events, return to detection
monitoring
40 CFR 257.95 (e)
Assessment Monitoring Continuation
If constituents are above background but below groundwater protection standard,
continue assessment monitoring
40 CFR 257.95 (f)
GWPS Exceedance During Assessment Monitoring
Characterize the nature and extent of the release and any relevant site conditions that may
affect the remedy ultimately selected
40 CFR 257.95 (g)(1)
Install Additional Wells
During assessment monitoring, install monitoring wells as needed to find extent of contamination, including at least one at the facility boundary in the direction of contaminant
migration
40 CFR 257.95 (g)(1)
Notification
During assessment monitoring, notify all property owners/residents determined to be
affected by the contamination and place in operating record
40 CFR 257.95 (g)(2)
GWPS Exceedance Notification
and Corrective Action Initiation
Place notice in operating record and characterize. Begin assessment of corrective actions
within 90 days - or demonstrate other source within 90 days
40 CFR 257.95 (g) and 257.105 (h), 257.106
(h), and 257.107 (h)
Constituents/Sampling Frequency
During assessment of corrective measures, sample semi-annually (minimum) for constituents detected at statistically significant levels above background
40 CFR 257.96 (b) and 40 CFR 257.95
Assessment of Corrective
Measures
Analyze effectiveness, performance, time, permitting, and cost of remedy options; assessment must be completed within 90 days
40 CFR 257.96 (a) and (c)
Selection of Remedy
Select remedy that attains GWPS and prevents further contamination, and specify schedule
for initiation and completion of remedial activities; make notifications
40 CFR 257.97
Implement Remedy
Initiate remedial activities within 90 days of selecting a remedy
40 CFR 257.98 (a)
Corrective Action Groundwater
Monitoring Plan
Establish and implement (based on remedy schedule) corrective action monitoring plan
that meets requirements of an assessment monitoring program and indicates effectiveness of remedy
40 CFR 257.98 (a)(1)
Interim Measures
Take any interim measures to protect human health and environment, if required
40 CFR 257.98 (a)(3)
Alternative Measures
If the selected remedy will not reach compliance, alternative methods must be implemented
40 CFR 257.98 (b)
Completion of Remedy
Compliance demonstrated when Appendix IV constituents meet groundwater protection
standards for 3 consecutive years
40 CFR 257.98 (c)(2)
Notification
Update Operating Record, post Operating Record to the website within 30 days, notify State
that website has been updated
40 CFR 257.98 (f), 257.105 (h), 257.106 (h),
and 257.107 (h)
► HALEY & ALDRICH REGULATORY UPDATE: USEPA Issues Final Coal Combustion Residuals Rule
Corrective
Action Program
Subtitle D
► HALEY & ALDRICH REGULATORY UPDATE: USEPA Issues Final Coal Combustion Residuals Rule
Table 3: Appendix III and IV Constituents and MCLs
CONSTITUENTS FOR DETECTION AND ASSESSMENT
MONITORING UNDER THE NEW CCR RULE
Constituent
MCLs (a) (mg/L)
Appendix III to Part 257 - Constituents for Detection Monitoring
Boron
--
Calcium
--
Chloride
--
Fluoride
4
Sulfate
--
pH (std)
--
Total Dissolved Solids
--
Appendix IV to Part 257 Constituents for Assessment Monitoring
Antimony
0.006
Arsenic
0.01
Barium
2
Beryllium
0.004
Cadmium
0.005
Chromium
0.1 (b)
Cobalt
--
Fluoride
4
Lead
0.015 (c)
Lithium
--
Mercury
0.002 (d)
Molybdenum
--
Radium 226 and 228 combined
5 pCi/L
Selenium
0.05
Thallium
0.002
12www.haleyaldrich.com
Notes:
CCR - Coal Combustion Residuals
MCL - Maximum Contaminant Level
mg/L - milligram/liter
pCi/L - picoCurie/liter
(a) - USEPA 2012 Edition of the Drinking Water Standards and Health
Advisories, Spring 2012
http://water.epa.gov/drink/contaminants/index.cfm
Values in mg/L except where noted
(b) - Value for Total Chromium
(c) - Lead Treatment Technology Action Level is 0.015 mg/L
(d) - Value for Inorganic Mercury
► HALEY & ALDRICH REGULATORY UPDATE: USEPA Issues Final Coal Combustion Residuals Rule
● Update Operating Record ● Update Website Figure 1: Groundwater Monitoring Flowchart Summary
Demonstrate Compliance (40 CFR 257.90(b))
● Notify State
● Annual Report
Detection Monitoring (§ 257.94) ●
Existing CCR Units Must:
1.Install groundwater monitoring system
2. Certify monitoring system
Conduct Detection Monitoring Semi-Annually
(257.94(b))
3.Develop Sampling and Analysis Program
4.
Establish sampling and analysis program
- Establish Background Groundwater Quality
- Utilize Consistent Sampling Procedures
- Specify Statistical Method for Each Constituent
-Certify Statistical Method
No
Detect Appx III Constituent(s) at Levels
Statistically Significant above Background?
(257.4(e))
Yes
5. Initiate Detection Monitoring
6.Begin evaluating groundwater monitoring data
within 30 Months of Effective Rule Date, (257.90(b))
●●●
Establish Assessment Monitoring (257.94(e)(l)
●●●●
Corrective Actions (257.96)
Assessment Monitoring (§ 257 95)
Required whenever a statistically significant increase over
background is detected for Appx III constituent(s) (257.95(a))
Triggered by detection of Appx IV GWPS exceedance or
immediately upon detection of release from CCR unit.
(257.96(a))
Within 90 days of triggering Assessment Monitoring must
establish GWPS (257.95(d)(2))
Must initiate assessment of corrective actions within 90
days of triggering (257.96(a)) ● ● ●
Within 90 days of triggering Assessment Monitoring,
and annually thereafter, analyze all Appx IV
Constituents in each downgradient well consistent with
257.93(e) (257.95(b)) ●
Remedy Selection (257.97)
Once standards of 257.97(b)
are met, must be certified
(257 97(a))
Specify schedule(s) for
initiating and completing
remedial activities (257.97(d))
Detect Appx IV Constituent(s)? (257.95 (b))
No
Yes
Sample Full Appx
IV List Annually
(257.95(b))
Yes
●●●
Select as soon as feasible
(257.97(a)) ● ● ●
Are Sample Results Above
Background but Below GWPS?
(257.95(f) and 257.95(g))
Implement Corrective
Action Program
(257.98)
Take interim measures
as necessary
(257.98(a)(3)
Within 90 days of
selection of remedy
(257.98(a)) ● ● ●
Sample results below GWPS for 3 consecutive years?
(257.98(e)(2))
No
No
Yes
Remediation Activities Complete Independent
Certification Required (257.98 (f)) ● ● ●
Initiate Assessment of Corrective Actions (257.95(g)(3))
www.haleyaldrich.com13
► HALEY & ALDRICH REGULATORY UPDATE: USEPA Issues Final Coal Combustion Residuals Rule
Figure 2: Final CCR Rule Existing Impoundments and Landfills Compliance Timeline Summary*
PUBLISH DATE (~ Jan. 2015)
EFFECTIVE DATE (~ July 2015)
2015
2016
2017
2018
Months from Publication Date
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48
Impoundment
Active/
Inactive
Status by
Effective
Date
Establish
Website
Annual PE
Inspections
Install
Impoundment
Marker
Inactive
Impoundment
Closure
Notification
Impoundment
/ Landfill Dust
Control Plans
Impoundment
/ Landfill
Seven Day
Inspections
Impoundment
/ LF Closure
Plans
Emergency
Action Plan
Imp. Only - 5 Foot
GW Separation
Demonstration
Impoundment
/ LF PostClosure Plans
Cease
operation
within six
months and
commence
closure
Imp. Only - Wetland
Demonstration
Impoundment
Liner
Documentation
Impoundment
Hazard /
Structural
Integrity
Assessment
If prescriptive
factors of
safety are not
met…
Impoundment
History of
Construction
LF Run-on
/ Run-off
Control Plan
Impoundment
Inflow Flood
Control Plan
Note: This diagram is a simplified overview of the
Pre-Publication version of the USEPA CCR Rule
dated 12/19/2014. Site-specific conditions
requiring engineering & geo-environmental
evaluations may affect the logic, sequencing
and timing for the compliance management of
individual sites under this rule.
14www.haleyaldrich.com
Inactive
Closure – 1st
Progress
Report (within
13 months of
notification)
Establish
Background
& Conduct
Groundwater
Monitoring
Program
Cease
operation
within six
months and
commence
closure
Imp. Only –
Fault Offset
Demonstration
If a sufficient
demonstration
cannot be
made…
Imp. Only- Seismic
Impact Zone
Demonstration
Imp. and LF–
Unstable Area
Demonstration
For an unlined
impoundment,
if at any time
there is a
statistically
significant
increase in
Appendix IV
constituents,
then…
Inactive
Closure – 2nd
Progress
Report (within
12 months of
1st report)
Cease
operation
within six
months and
commence
closure
Complete
Inactive
Pond Closure
(within 36
months)
*New CCR Impoundments, landfills/ landfill lateral expansions must demonstrate compliance prior to placing CCR materials.
► HALEY & ALDRICH REGULATORY UPDATE: USEPA Issues Final Coal Combustion Residuals Rule
The H&A Way:
How We Can Help
Haley & Aldrich is experienced in all aspects of design, permitting, and strategic development of comprehensive coal
combustion residual/product management plans and permitted
solutions. For those utilities with specific needs triggered by
CCR and upcoming Effluent Limitation Guidelines (ELG), we
have targeted programs to develop cost-effective and strategic
pond closures and pond overfills, dry stack/landfill expansions,
and CCR management facilities decommissioning in association with plant closures. We have a deep bench of experience
including all aspects of groundwater assessment/remediation,
groundwater geochemistry and long-term risk-based management strategies for ponds or landfills or other CCR management
facilities. For utilities that need more comprehensive solutions
for their long-term CCR/CCP management planning and regulatory compliance, Haley & Aldrich has experience implementing a
step-wise compliance approach.
To learn more about how we can help
you proactively manage your CCR
compliance issues, contact:
Steven Putrich, VP, PE
CCR Program Manager
[email protected]
330.310.6800
Lisa JN Bradley, Ph.D., DABT
Senior CCR Risk Assessment Specialist
[email protected]
978.846.3463
Ishwar Murarka, Ph.D.
Senior Hydrogeologist and CCR
Geochemist
919.844.9890
[email protected]
www.haleyaldrich.com15
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