2020 08 14 Coal Ash Closure Decision Document - Belews Creek

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NCDEQ Coal Ash Impoundment Closure Plan
Decision
Belews Creek Steam Station
August 14, 2020
BELEWS CREEK CLOSURE PLAN DECISION -AUGUST 14, 2020

NCDEQ Coal Ash Impoundment Closure Plan Decision — Belews Creek Steam Station
On December 31, 2019, Duke Energy submitted its proposed Closure Plan for the Belews
Creek Steam Station (`Belews Creek") as required by the Coal Ash Management Act ("CAMA").
The North Carolina Department of Environmental Quality ("NCDEQ") conducted a thorough
evaluation of this proposed Closure Plan. In addition to its own evaluation, NCDEQ held a public
hearing, circulated the proposed closure plan for public comment, reviewed written public
comments and analyzed site specific information provided by Duke Energy and the public.' Based
on this evaluation, NCDEQ finds that the proposed Closure Plan is protective of public health,
safety, and welfare; the environment; and natural resources and otherwise complies with the
requirements of CAMA. Consequently, NCDEQ hereby approves the proposed Closure Plan for
Belews Creek.
Background:
CAMA sets forth a process for closure of coal combustion residuals ("CCR")
impoundments in North Carolina. Based on certain statutory factors, impoundments must be
classified low, intermediate or high risk. N.C. Gen. Stat. § 130A-309.213. For impoundments
classified as "low risk," such as the CCR impoundments at Belews Creek, NCDEQ must elect one
of three closure options: (1) excavation; (2) cap -in -place; or (3) closure under the federal CCR
Rule. N.C. Gen. Stat. § 130A-309.214(a). Prior to making its Closure Determination, NCDEQ
received public input on these closure options. In January 2019, NCDEQ held public meetings
near Belews Creek, and took public comment into February 2019 regarding the closure options
considered at Belews Creek.
On April 1, 2019, NCDEQ elected excavation as the closure option for the CCR
impoundments at Belews Creek (`Belews Creek Closure Determination") "because removing the
coal ash from unlined CCR surface impoundments at Belews Creek is more protective than leaving
the material in place." Belews Creek Closure Determination, p. 1. NCDEQ determined that
excavation "is the most appropriate closure method because removing the primary source of
groundwater contamination will reduce uncertainty and allow for flexibility in the deployment of
future remedial measures." Belews Creek Closure Determination, p. 1.
Based on its analysis of the available information regarding the groundwater plume at
Belews Creek, NCDEQ also concluded in its Belews Creek Closure Determination that a cap -in -
place or hybrid closure option could not be incorporated into an approvable Closure Plan. CAMA
requires that a closure plan for any impoundment where ash is left in place must "prevent, upon
the plan's full implementation, post -closure exceedances of groundwater quality standards beyond
the compliance boundary." N.C. Gen. Stat. § 130A-309.214(a)(3)b. NCDEQ did not believe that
' The Hearing Officer's Report with NCDEQ response to comments is included as Attachment 1.
Public comments are included in the Hearing Officer's Report. Additional information reviewed
by NCDEQ includes, among other things, environmental data contained in the comprehensive site
assessment and proposed corrective action plan, permit requirements, the closure options analysis,
ongoing groundwater monitoring, groundwater modeling provided by Duke Energy, NCDEQ's
Closure Determination for Belews Creek, and other data relevant to the CAMA requirements.
BELEWS CREEK CLOSURE PLAN DECISION -AUGUST 14, 2020 1

this requirement could be met with respect to Belews Creek. NCDEQ's overall conclusion was
that "based on the current geographic scope and vertical extent of the groundwater contamination
plume, and the modeled extent of the plume in the future, NCDEQ does not believe these two
closure options [closure -in -place and hybrid] can meet the requirements of CAMA ...." Belews
Creek Closure Determination, p. 7.
Duke Energy challenged NCDEQ's Belews Creek Closure Determination along with the
closure determinations for six other Duke Energy facilities in the North Carolina Office of
Administrative Hearings. After extensive discovery, Duke Energy and NCDEQ reached a
settlement and executed an agreement to resolve that litigation on December 31, 2019 ("Settlement
Agreement"). On February 5, 2020, the Wake County Superior Court entered a consent order
consistent with the terms of the Settlement Agreement ("Consent Order"). Pursuant to the terms
of the Settlement Agreement and Consent Order, Duke Energy agreed to excavate the majority of
the coal ash in the CCR Impoundment at Belews Creek to lined onsite landfills. The Closure Plan
for Belews Creek complies with the terms of the Settlement Agreement and Consent Order.
Public process for the proposed Closure Plan:
CAMA required that NCDEQ put the proposed Closure Plan to public notice and conduct
a public meeting to explain the Plan. NCDEQ held the public meeting for Belews Creek on
February 18, 2020 and conducted a public comment period through March 10, 2020. During that
hearing, ten individuals made comments on the Closure Plan. Additionally, NCDEQ received three
written comments regarding the Closure Plan during the public comment period.
Eleven of the commenters (nine who spoke and two who provided emailed comments)
expressed support for excavating and relocating coal ash into lined landfills. One of the
commenters at the public hearing expressed concerns about the recycling of coal ash and whether
it will pollute and break down over time. Two commenters expressed concern about the safety of
Duke Energy workers and contractors. Other commenters had concerns about groundwater
monitoring, who incurs the costs of the excavation, as well as a need for third -party testing at the
coal ash construction fill site.
A discussion of the substantive concerns raised in these comments is included as part of
the hearing officer's report.
Evaluation of Closure Plan:
CAMA establishes criteria for NCDEQ's evaluation of Closure Plans. Specifically,
CAMA provides that NCDEQ "shall disapprove a proposed Coal Combustion Residuals Surface
Impoundment Closure Plan unless the Department finds that the Closure Plan is protective of
public health, safety, and welfare; the environment; and natural resources and otherwise complies
with the requirements of this Part." N.C. Gen. Stat. § 130A-309-214(c). CAMA sets forth a list
of required contents for Closure Plans, including engineering drawings, schematics, and
specifications for the proposed Closure Plan, a description of the provisions for the final
BELEWS CREEK CLOSURE PLAN DECISION -AUGUST 14, 2020 01

disposition of the coal combustion residuals, groundwater modeling, and a description of the plan
for post -closure monitoring and care for an impoundment for a minimum of 30 years.
NCDEQ finds that under CAMA Duke Energy's proposed Closure Plan for Belews Creek
is protective of public health, safety, welfare, the environment, and natural resources. In the
Closure Plan, Duke Energy proposes to excavate the majority of the coal ash in the CCR
impoundment, which NCDEQ has determined is the most environmentally protective closure
option. The closure plan provides that ash shall remain underneath the Pine Hall Road Landfill,
which is capped with a geosynthetic cap and a soil cap. The amount of ash underneath the Pine
Hall Road Landfill to remain in place is estimated to be no more than 100,000 tons. Approximately
11,870,000 tons of coal ash will be excavated and transported to an onsite landfill. Because the
majority of coal ash will be excavated there will be limited primary contaminant source remaining
that can continue to leach contaminant into groundwater. Further, without the coal ash in place,
there will be additional options available for remediating contaminated groundwater. As explained
in the Belews Creek Closure Determination, "removing the primary source of groundwater
contamination will reduce uncertainty and allow for flexibility in the deployment of future
remedial measures." Belews Creek Closure Determination, p. 1.
Since the coal ash will be excavated to lined onsite landfills, the need to transport coal ash
over public roads or by rail car will be minimized. Such onsite disposal also obviates the need to
locate additional communities to accept coal ash. Consequently, NCDEQ finds that disposal of
coal ash to onsite lined landfills is protective of public health and safety and significantly
diminishes the environmental impact of excavation.
NCDEQ further finds that Duke Energy's proposed Closure Plan for Belews Creek
complies with the other requirements of CAMA. Specifically, NCDEQ has determined that Duke
Energy has adequately included all required elements of a Closure Plan (either directly or through
incorporation by reference of the proposed Corrective Action Plan for Belews Creek),' including
the following:
• site history and history of site operations;
• site maps;
• results of a hydrogeologic, geologic, and geotechnical investigation of the site;
• results of groundwater modeling at the site;
• engineering drawings, schematics, and specifications for the proposed Closure Plan;
• a description of the construction quality assurance and quality control program to be
implemented in conjunction with the Closure Plan;
• a description of the provisions for disposal of wastewater and management of stormwater
and the plan for obtaining all required permits;
• a list of required permits;
• a description of the provisions for the final disposition of the coal combustion residuals;
• a description of the plan for post -closure monitoring and care for an impoundment for a
minimum of 30 years;
• an estimate of the milestone dates for all activities related to closure and post -closure;
2 Note that this document does not constitute an approval of the proposed corrective action plan
for Belews Creek or any element thereof, NCDEQ will review and take action on that proposal
in a separate decision document.
BELEWS CREEK CLOSURE PLAN DECISION -AUGUST 14, 2020 01

• projected costs of assessment, corrective action, closure, and post -closure care; and
• a description of the anticipated future use of the site and the necessity for the
implementation of institutional controls following closure.
N.C. Gen. Stat. § 130A-309.214(a)(4).
Conclusion:
NCDEQ approves the proposed Closure Plan for Belews Creek based on its finding that
this Plan "is protective of public health, safety, and welfare; the environment; and natural resources
and otherwise complies with the requirements of CAMA."
BELEWS CREEK CLOSURE PLAN DECISION -AUGUST 14, 2020