1. Coal ASH Update Elizabeth S Werner Permitting Hydrogeologist
NCDENR Division of Waste Management - Solid Waste Section
NC SWANA 2014 Fall Conference
Wrightsville Beach

2. Coal Combustion Products (CCPs)
Fly Ash - powdery material composed mostly of silica with nearly all particles being spherical captured in air pollution control systems
Bottom Ash - large particles such as sand and small rocks from pulverizing coal and collected in the bottom of the boilers/furnace
Flue Gas Desulfurization (FGD) Material - powdery material with a mixture of sulfites & sulfates (aka gypsum) produced when reducing SO2 emissions
Boiler Slag - molten bottom ash which fractures and crystallizes to form hard black pellets when quenched with water

3. Coal Ash Definitions
As defined under 130A-290.(a)(35) – the definition of solid waste has been modified to include coal ash removed from ash ponds
Wet ash (a.k.a. ash ponds) is regulated by the Division of Water Resources (formerly Water Quality)
Dry ash (a.k.a. coal ash landfills) is regulated by the Division of Waste Management-Solid Waste Section
Coal Combustion Products (CCP) = materials that are beneficially reused, including use for structural fill
Coal Combustion Residuals (CCR) = materials that are disposed

4. Coal Ash Landfills in NC
11 permitted landfills
10 associated with Duke Energy Progress (2 formerly Progress Energy)
1 associated with Roanoke Valley Energy
2 closed/inactive and unlined
9 open/active
6 single composite lined
3 double composite lined
3 overtop of retired ash ponds

5. Coal Ash Landfills by Permit
Marshall Steam Station (Catawba County)
1804-INDUS-1983: Dry Ash Landfill (closed, unlined)
1809-INDUS: FGD Landfill (active, lined)
1812-INDUS-2008: Landfill #1 (active, double lined)
Allen Steam Station (Gaston County)
3612-INDUS-2008: Retired Ash Basin Landfill (active, double lined)
Roanoke Valley Energy Plant – Halifax County
4204-INDUS-1994: Halifax County Coal Ash Landfill (active, lined)
Roxboro Steam Plant (Person County)
7302-INDUS-1988: CCB Landfill (active, lined)
Mayo Steam Plant (Person County)
7305-INDUS: CCP Monofill (active, double lined)
Cliffside Steam Station (Rutherford County)
8106-INDUS-2009: CCP Landfill (active, lined)
Belews Creek Steam Station (Stokes County)
8503-INDUS-1984: Pine Hall Rd Landfill (closed, unlined)
8504-INDUS: Craig Rd Landfill (active, lined)
8505-INDUS: FGD Landfill (active, lined)

6. Recent Permit Activities
1804_Marshall_DryAsh - Closure Permit issued Dec 6, 2013
1809_Marshall_FGD - PTO modification for chimney drained issued Dec 6, 2013
1812_Marshall_LF#1 - PTC for Phase 1, Cells 3&4 issued Dec 6, 2013
7302_Roxboro - PTC for Phase 6 issued Oct 8, 2013
7305_Mayo
PTC for Phase 1 issued July 19, 2012
PTO for Phase 1 issued July 10, 2014
8106_Cliffside - PTC for Phase 2 issued Sept 6, 2012
8504_BelewsCreek_CraigRd - PTC for Phase 2 issued May 18, 2012

7. Location of Coal Fired Power Plants

8. Coal Ash Landfill Locations

11. 2013-2014 Coal Ash Production & Disposal
Facility
Ash Tons Produced
FGD Tons Produced
Ash Tons Disposed
FGD Tons Disposed
Ash Tons in Structural fill
Ash Tons Other Uses
Gypsum Tons Other Uses
Allen Steam Station
178,540
88,254
239,160
4,347
83,060
Belews Creek Steam Station
543,902
389,226
198,052
262,990
293,820
146,361
Buck Steam Station
Cliffside Steam Station
235,747
219,354
192,691
135,219
1,509
92,412
Dan River Steam Station
Marshall Steam Station
452,206
369,968
381,082
28,418
132
15,192
327,373
Riverbend Steam Station
Asheville Steam Station
84,495
1,081
83,414
Mayo Steam Plant
144,674
138,499
108,739
383
35,935
138,116
Roxboro Steam Plant
662,522
427,472
542,806
26,024
93,692
Totals
2,217,591
1,717,268
1,662,530
432,438
26,156
440,148
1,298,208

12. Beneficial Uses of Coal Ash in NC
Drywall industry utilizes gypsum (FGD material) as a supplemental ingredient in the wallboard production process
CertainTeed (wallboard production) recently opened a facility across the river from the Roxboro Power Plant
Duke has reported an increased need for gypsum
8505-INDUS (Belews Creek - FGD) has been mining gypsum for the past 12 months
Fly ash can be used as raw material for concrete products and a component in road bases
Cenospheres - formed when coal combustion ash in molten form is rapidly quenched with water and “freezes” the ash into tiny spheres with trapped air/gas inside
Harvested from ash ponds because they float
Perfectly spherical and inert
Used to make bowling balls and facial cleansers

13. Session Law 2014-122 (Senate Bill 729) Overview
Prohibit recovery of cost
Moratorium on certain rate cases
Create coal ash management commission
Expedited review of permits
Require quarterly reports on ash ponds to be submitted to the G.A.
Prohibit local government regulation of management of CCPs
Prohibit new construction or expansion of ash ponds, effective Oct 1, 2014
Prohibit disposal of CCPs to ash ponds at plants no longer producing CCPs, effective Oct 1, 2014
Prohibit stormwater discharge to ash ponds, effective Dec 31, 2019
Require all plants to convert to dry fly ash by Dec 31, 2018 and dry bottom ash by Dec 31, 2019

14. Overview continued… Require groundwater assessments for all ash ponds
Require corrective action at ash ponds to restore GW quality
Require survey of drinking water wells and replace contaminated water supplies
Identify, assess and correct any unpermitted discharges from ash ponds
By Dec 31, 2015 prioritize the closure and remediation of all ash ponds
Owners to submit closure plans for all ash ponds
Closure and remediation of certain ash ponds by Aug 1, 2019
Require DENR to establish a schedule for closure and remediation of ash ponds
Establish minimum statutory requirements for structural fills and perform an inventory and inspect certain structural fills
Moratorium on structural fills until Aug 1, 2015 and direct DENR to study adequacy of current law

15. Overview continued…
Moratorium on construction and expansion of landfills on top of retired ash ponds until Aug 1, 2015 and direct DENR to perform a study
Strengthen reporting and notification requirements of discharges to waters of the state
Require certain emergency calls to be recorded
Require emergency action plans at high and intermediate hazard dams
Transfer SW rule making authority from Public Health Commission to Environmental Management Commission
Amend compliance boundary provisions
Provide various studies
Require the State Construction Office and DOT to develop technical specifications for beneficial use of CCBs
Provide resources to implement this bill

16. Part 11. SECTION 3.(b) Closure of Certain Ash Ponds
The following ash ponds are deemed high-priority and shall close by Aug 1, 2019
Dan River Steam Station (Rockingham County)
Riverbend Steam Station (Gaston County)
Asheville Steam Plant (Buncombe County)
Sutton Plant (New Hanover County)

17. Part 11. 130A-309.212 Closure of CCP Ash Ponds
By Dec 31, 2019 high risk ash ponds shall be closed with a closure plan submitted by Dec 31, 2016
By Dec 31, 2024 intermediate risk ash ponds shall be closed with a closure plan submitted by Dec 31, 2017
By Dec 31, 2029 low risk ash ponds shall be closed with a closure plan submitted by Dec 31, 2018

18. Part III. SECTION 4.(b) Moratorium on Structural Fills
The use of CCPs as structural fill is prohibited until Aug 1, 2015
However, CCPs may be used as structural fill under two conditions:
The fill is constructed with a base liner, leachate collection system and cap liner or groundwater monitoring system AND establishes financial assurance
The fill is used as base or sub-base of a concrete or asphalt paved road constructed under the authority of a public entity

19. Part 111. SECTION 4.(d) Study of Structural Fills
DENR and Environmental Management Commission shall jointly perform a study on the use of CCPs in structural fills and jointly report to the Environmental Review Commission by Jan 15, 2015
Review the new statutory regulations (130A – .222) to determine if the requirements are sufficient to protect human and environmental health
Review the old statutory regulations (15A NCAC 13B and 15A NCAC 02T .1200) to determine if the rules are sufficient to protect human and environmental health
Evaluate additional opportunities for use of CCPs in structural fills and other beneficial uses that would reduce the volume of CCPs disposed in landfills while still protecting human and environmental health
Monitor any actions by the USEPA

20. Part 11. 130A-309.214 – 130A-309.222 New Regulation of CCP use as Structural Fill
Effective after moratorium ends Aug 1, 2015
130A Applicability
130A – Permit requirements
130A Design, construction and siting requirements
130A – Financial assurance for large projects
130A – Closure requirements
130A – Recordation of projects
103A – DOT projects
130A – Inventory and inspection of certain structural fills
10A – Amendments required to rules

21. Brief Summary of Requirements of New Structural Fills
Projects using less than 8,000 tons per acre or less than 80,000 tons total
Provide same info as required under the current law 15A NCAC 13B .1703(a)
Stricter design, construction and operation requirements under 130A (a)
Final cover applied no later than 30 working days/60 calendar days after CCP placement has ceased under 130A (a)
Record location and volume of CCP structural fill with the Register of Deeds if project used more than 1,000 cubic yards
Projects using more than 8,000 tons per acre or more than 80,000 tons total
A composite liner system, leachate collection system, final cap and groundwater monitoring system are required
Financial assurance is required
Stricter closure requirements under 130A (b)
Recordation of location and volume in Register of Deeds

22. Buffer Requirements for Structural Fills
50 feet between edge of waste and property boundary
300 feet between edge of waste and private dwelling or well
50 feet between edge of waste and bodies of surface water
4 feet between bottom of waste and seasonal high water table
50 feet between edge of waste and wetlands
Cannot be located within a 100-year flood plain

23. Part 111. SECTION 5. (a) and SECTION 5
Part 111. SECTION 5.(a) and SECTION 5.(b) CCR Landfills on top of Ash Ponds
SECTION 5.(a) – establishes a moratorium on the construction of new or the expansion of existing CCR landfills on top of retired ash ponds, as defined by G.S. 130A-290(2c) until Aug 1, 2015
SECTION 5.(b) – DENR shall evaluate each existing CCR landfill currently operating on top of retired ash ponds to determine the advisability of continued operation, assess the risk to human and environmental health and report to the ERC by Jan 15, 2015

24. Can a MSW landfill accept coal ash?
Yes, with caveats
Cannot be comingled with MSW waste
May be placed in expansion cells/phases as a monofill

25. Important Dates
Oct 1, 2014 – new construction or expansion of existing CCR ash ponds is prohibited
Oct 1, 2014 – disposal of CCRs in ash ponds at power plants that no longer produce CCRs is prohibited
Dec 31, 2018 – discharge of stormwater into ash ponds at power plants that no longer produce CCRs is prohibited
Dec 31, discharge of stormwater into ash ponds at power plants that actively produce CCRs is prohibited
Dec 31, 2018 – all power plants shall convert to dry fly ash disposal
Dec – all power plants shall convert to dry bottom ash disposal

26. Coal Ash Contacts Ed Mussler – permitting branch head
Larry Frost – permitting engineer
Elizabeth Werner – permitting hydrogeologist

27. Questions? Elizabeth S Werner Permitting Hydrogeologist
Raleigh Central Office – Green Square