PowerSouth Energy Cooperative: CCR Rule August 4, 2015

CCR Rule Signed by EPA Administrator December 19, 2014 Published in FR April 17, 2015 Effective date of the rule is 6 months after publication in the FR (October 19, 2015)

Facilities Affected By this Rule New, Existing & Inactive CCR Impoundments New and Existing CCR Landfills Coal Combustion By-product Piles

6 months Fugitive Dust Control Plan Weekly Impoundment Inspections Monthly Instrumentation Monitoring Recordkeeping, Notification, and Internet Reporting Requirements

8 months Install a permanent ID marker adjacent to each CCR Unit Begin Annual Impoundment Inspections 9 months

18 months Document if the Impoundment is lined with a minimum 2 foot compacted clay liner meeting a hydraulic conductivity of 1x10-7 Prepare initial inflow design flood control system plan Prepare a written closure plan Prepare a written post-closure plan

18 months Document the Initial Hazard Classification Compile the History of Construction for each Impoundment Conduct Structural Stability Analysis Safety Factor Assessments!!!

24 months Prepare an Emergency Action Plan

30 months Groundwater Monitoring and Corrective Action Install GW monitoring system Develop GW sampling and Analysis program Initiate detection monitoring Begin evaluating for SSI over background for Appendix III constituents

42 months Complete Location Restriction Demonstration for: Location above uppermost aquifer Wetlands Fault Areas Seismic Impact Zones Unstable Areas

Pressing Issues for PowerSouth Closure of Ash Storage Area Safety Factor Assessments for Ponds Building for the Gypsum Pile?? Timing with the ELG Rule??

CCR/ELG Timeline LOWMAN ELG/CCR COMPLIANCE TIMELINE 2015 2016 2017   2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 1 2 3 4 ELG RULE & PERMIT SCHEDULE FINAL RULE ADEM BEGINS RENEWING PERMITS, LITIGATION, NEW NPDES PERMIT CYCLE w/ COMPLIANCE SCHEDULE FOR ELGs w/ ELG COMPLIANCE CCR RULE COMPLIANCE SCHEDULE EFFECT. DATE GROUNDWATER DATA COLLECTED AND ANALYZED 5 YEAR ALTERNATIVE CLOSURE TIMEFRAME (CEASE PLACEMENT OF CCR) 5 YEAR CLOSURE TIMEFRAME (DEWATER AND CAP) Still evaluating alternatives. CCR ponds no longer available. LOWMAN ELG/CCR COMPLIANCE TIMELINE