1. adem.alabama.gov ADEM Land Division Update Chip Crockett Chief, Industrial Hazardous Waste Branch Air & Waste Management Association Southern Section Pine Mountain, Georgia August 21, 2015

2. adem.alabama.gov Land Division Organization Phil Davis, Chief – Land Division  Ron Shell, Chief – Environmental Services Branch 334-271-7771 – rts@adem.state.al.us  Sonja Massey, Chief – Groundwater Branch 334-271-7832 – ssm@adem.state.al.us  Chip Crockett, Chief – Industrial Haz Waste Branch 334-271-5627 – vhc@adem.state.al.us  Steve Cobb, Chief – Governmental Haz Waste Branch 334-271-7739 – sac@adem.state.al.us  Eric Sanderson, Chief – Solid Waste Branch 334-271-7755 – els@adem.state.al.us

3. adem.alabama.gov National Emerging Issues Coal Combustion Residuals UST Regulations Definition of Solid Waste

4. adem.alabama.gov Federal Coal Combustion Residual Rules 6/21/2010 - Draft RCRA Coal Combustion Residual (CCR) Rule Published in Federal 12/19/14 - Final RCRA CCR Rule signed by EPA 4/17/15 - Published in Federal Register Establishes minimum criteria for the safe disposal of CCR’s generated from electric utilities or independent power producers.

5. adem.alabama.gov Federal Coal Combustion Residual Rules (cont) Key Take Aways:  MSW Landfills not subject  States not required to adopt rules; program is self-implementing  Technical requirements substantially mirror RCRA Subtitle D  Siting Restrictions for new and existing CCR disposal units  Groundwater monitoring for new and existing units  Composite or alternative liner design required for new CCR disposal units  Structural integrity requirements  Fugitive Dust Control and Closure/Post Closure Plans  Facility website is required to be maintained to allow review of documentation required by the rule  EPA has no administrative enforcement authority

6. adem.alabama.gov Federal Coal Combustion Residual Rules (cont) Path Forward:  Currently assessing the impacts/needs to the existing State solid waste program to implement the federal rule  Continue to meet with interested Stakeholders  Expect to mirror the rule into state regulations and develop permit program for CCR units which are active and/or in Post Closure  Federal legislation currently under consideration in the House of Representatives EPA CCR Website: http://www2.epa.gov/coalash/coal-ash-rule Final Rule Frequently Asked Questions

7. adem.alabama.gov Definition of Solid Waste Procedures of Solid Waste VariancesProcedures of Solid Waste Variances (required) Speculative AccumulationSpeculative Accumulation (required) Legitimacy Criteria (required) Exclusions (optional)

8. adem.alabama.gov Legitimacy Criteria Prohibits Sham Recycling Adds “Hazardous Secondary Materials” (HSMs) Legitimacy Criteria  HSM must provide a useful contribution to the recycling process  Recycling process must produce a viable product  HSM has to be managed like a commodity  Recycled product must be comparable to a legit product

9. adem.alabama.gov Exclusions Remanufacturing of 18 High-Value Solvents Generator-controlled Reclamation  Does not necessarily have to be reclaimed at the generating facility Reclamation by a Verified Recycler

10. adem.alabama.gov DSW Take-Aways Alabama plans to adopt the entire DSW rule, for now.  Timing – Public notice of proposed rules in October 2015 DSW rule changes little about recycling in Alabama that does not involve reclamation.

11. adem.alabama.gov Federal UST Regulations Signed June 19, 2015 Effective 90 days after publication in the Federal Register (pending) Codify statutory changes made in the 2005 Energy Policy Act  Most states, including Alabama, have already implemented Impose new tank inspection requirements

12. adem.alabama.gov Requirements Already Implemented in Alabama Operator Training Secondary Containment Spill Basin Testing Every Three Years Release Detection for Emergency Generators Internally Lined USTs Must Permanently Close if they Fail Internal Inspections  ADEM allowed addition of cathodic protection before January 16, 2013

13. adem.alabama.gov New Routine Inspection Requirements Monthly Inspections  Spill Prevention Equipment  Release Detection Equipment Annual Inspections  Containment Sumps  Hand-held Release Detection Equipment Triennial Inspections & Testing  Overfill Prevention Equipment  Containment Sumps used for Interstitial Monitoring  Release Detection Equipment, including Line Leak Detectors

14. adem.alabama.gov Additional Requirements Eliminated Vent Flow Restrictors as Overfill Prevention Option for New USTs Compatibility  Notification if > 10% ethanol or 20% biodiesel  Demonstrate Compatibility  Record Keeping

15. adem.alabama.gov Next Steps Final Rule published July 15, 2015 States have 3 years to adopt regulations and request program re-authorization from EPA ADEM is currently reviewing regulations and will likely move forward with rulemaking later this year ADEM plans to conduct outreach efforts to owners and other interested parties later this year.

16. adem.alabama.gov Contact Information CCR Eric Sanderson, Chief Solid Waste Branch (334) 271-7755 Hazardous Waste / DSW Chip Crockett, Chief Industrial Hazardous Waste Branch (334) 270-5627 UST Lee Davis, Chief UST Compliance Section (334) 271-7759