Presentation_InfoItem_CoalAshMgmtRules_May2024_Watkins

Coal Ash Management Rulemaking Update
Jason Watkins, DWM Solid Waste Section Chief
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Groundwater and Waste Management Committee, May 8, 2024
Recent Legislation
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Session Law 2023-138 – Part II Section 3.(c):
“The Environmental Management Commission may adopt permanent rules
governing permitting for closure and post-closure of coal combustion
residuals surface impoundments and landfills in accordance with the
provisions of Chapter 150B of the General Statutes, except the Commission
is exempt from the fiscal note requirement of G.S. 150B-21.4 and from
the Rules Review Commission review under Part 3 of Article 2A of
Chapter 150B of the General Statutes in adopting rules to implement this
section.”
Rule Development
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•Rule Development
•Are there rule gaps to implementing the Coal Ash Management Act & the 2020 Consent Order?
•Are there facilities to be cleaned up not covered under the statutes or the Consent Order?
•EPA State Permit Program approval
•Would encompass CCR landfills and impoundments
•Operates “in lieu of” the federal CCR rule
•Absence of State program generally means EPA must implement a program
•Will require some rule development in NC’s case
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CCR Cleanup
Status
1. Excavate >100 million tons
CCR in NC
•Dispose of CCR in permitted landfills
•Process CCR into beneficial CCP
*Note: 1 ton ~ 1 cubic yard of compacted CCR
2. Excavate 14 Duke Energy
sites
•Disposal - Allen, Asheville, Belews
Creek, Dan River, Marshall, Mayo,
Riverbend, Rogers/Cliffside,
Roxboro and Sutton (blue indicates
completed)
•Process CCR to CCP sites -
Buck, Cape Fear, H.F. Lee and
Weatherspoon
EPA Permit Program Approval
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•Application process takes 2-3 years
•Rule Development (if needed) – takes place prior to application
•Cooperation with EPA with goal of application package is approved 1st
submittal
•Received EPA CCR grant in July 2023 to allow hiring of outside
consultants to determine program need
•Spring 2024 - hired 2 temporary staff to work on the critical 1st step to
show that North Carolina (NC) provisions are at least as protective as the
federal rule and propose new NC rules as necessary
•Grant allows for hiring of additional staff, etc. as necessary
•Met with EPA IV staff to discuss plan of action in April 2024
•For scope: Approximately 700 law references on landfills and 1200 on
impoundments crossing DWM, DWR, DAQ, and DEMLR
EPA Permit Program Approval
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•Having to review:
•Legal Consent Order 2020 – NCDEQ, Duke Energy and Environmental Groups (6 sites – Allen, Belews Creek, Cliffside/Rogers, Marshall, Mayo and Roxboro)
•Law (North Carolina General Statutes - NCGS)
•Rules (North Carolina Administrative Code – NCAC)
•Implementation (North Carolina Department of Environmental Quality - NCDEQ)
•Precedence (In cooperation w/ Duke Energy)
•Path Forward:
•Next meeting – June 2024 in Athens, GA
•Fall 2024 – continue to work on rule necessity in conjunction with EPA staff
•Rule Development (if needed) initiated in 2025
•Application to EPA in mid- to late-2026
Draft Rulemaking Timeline
(subject to change)
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GWWMC Approval to Proceed to EMC
January 2025
EMC Approval to Notice
March 2025
Public Comment Period Begins
April 2025
Public Comment Period Ends
June 2025
EMC Adoption
September 2025
OAH Submittal
October 2025
Questions?
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Department of Environmental Quality
Jason Watkins
Solid Waste Section Chief
Division of Waste Management
[e-mail]
[phone]
Landfill Comparison Example
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