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A-22 Surface impoundments that receive CCWs in Alabama are regulated as industrial waste treatment facilities, which must have National Pollutant Discharge Elimination System (NPDES) permits for discharges to waters of the State, including groundwater (335 ADEM Adm. Code R.335-6-6-.02 and R.335-6-6-.03). The ADEM has authority to impose requirements in NPDES permits for liners or groundwater monitoring if a potential for groundwater contamination from a surface impoundment is believed to exist (ADEM 2005b; ADEM Adm. Code R.335-6-6-.08(1)(j)). Florida—The PPSA (Florida Statutes [FS] 403.501 through 518) provides for certification (licensure) of steam electric power plants that are 75 MW or larger in size. The Act was created by the Florida legislature in 1973. Power plants constructed before 1973 were not required to obtain a PPSA certification. On-site management of CCWs in landfills at power plants required to have PPSA certifications would not require any other solid waste permits. However, if CCWs are disposed of in an off-site landfill or at a power plant not required to have a PPSA certification, the landfill must have a solid waste permit, or obtain either another permit issued by the Florida DNR or an approved groundwater-monitoring plan, which addresses or authorizes the environmental effects on groundwater and surface water. Under the PPSA, the Florida DEP is the lead agency for coordination of the siting process and has jurisdiction over many regulatory programs for which the certification substitutes. Thus, the DEP “wears two hats,” one for supporting the “Siting Board,” and the other for its standard jurisdictional activities, which include implementation of Federally approved or delegated permit programs, wetlands permits, State lands oversight, coastal protection, and so forth. As a part of the PPSA certification application, permit applications for Federally delegated or approved permit programs must be submitted. Currently, these include NPDES and wastewater program permits as well as solid waste program permits. The review of these permit applications is interwoven with the PPSA certification process. The Florida solid waste regulations require disposal facilities to obtain permits from the Florida DEP before construction, operation, modification, and closure, with the following three exceptions: 1. If CCWs are disposed of in an on-site landfill at a coal-fired electric generating plant authorized under the Florida Power Plant Siting Act (PPSA), no separate permits, including solid waste construction and operation permits, are required. Instead, the entire facility is covered under the PPSA certification, which will contain the same substantive requirements as would otherwise have been imposed by other permits. 2. No solid waste permit is required for disposal of solid waste resulting from a person’s own activities on his/her own property if such disposal occurred before October 1, 1988 (Section 403.707(2)(d), F.S.). 3. No solid waste permit is required for disposal of solid waste resulting from a person’s own activities on his/her own property if such disposal occurred after October 1, 1988, provided that the environmental effects of such disposal on
A-23 groundwater and surface water are addressed or authorized by another permit issued by the Florida DEP or by an approved groundwater-monitoring plan (Section 403.707(2)(d), F.S.). Surface impoundments that receive CCWs in Florida are regulated as industrial wastewater treatment facilities. If a surface impoundment would receive CCWs and have a point source discharge into waters of the State, it must have a NPDES/State wastewater permit (FAC 62-620), unless the facility is a power plant that must obtain a PPSA certification, in which case the PPSA certification would substitute for the NPDES permit. If the surface impoundment would also discharge contaminants into groundwater, either the NPDES/State wastewater permit or a separate groundwater-discharge permit must address groundwater-discharge considerations (FAC 62-522-300). Alternatively, groundwater considerations could be addressed in a PPSA certification for an electric power company required to obtain this certification. Wastewater permitting for power plants is unique in that permitting is done through the Industrial Wastewater Section at the Florida DEP headquarters, in Tallahassee, instead of through the district offices. Georgia—In Georgia, landfill facilities that dispose of CCWs or other industrial wastes must obtain solid waste handling permits before construction and operation begins (GA Rule 391-3-4-.02). Surface impoundments that receive CCWs in Georgia are regulated as potential sources of pollutant discharges to waters of the State, which include groundwaters. If a surface impoundment would have a point source discharge, it must have a NPDES permit (GA Rule 391- 3-6-.06(3)(a)). If a surface impoundment would have a non-point source discharge, written approval from the GDNR Environmental Protection Division would be required (GA Rule 391- 3-6-.06(3)(b)). In either case, the facility would be required to use best management practices to minimize to the extent feasible the introduction of pollutants into State waters. Illinois—CCWs destined for disposal in Illinois are considered special (non-RCRA) wastes unless the generator certifies their eligibility for declassification. If CCWs are declassified, they may be disposed of, without restriction, in any solid waste disposal unit. In comparison, CCWs that are special (non-RCRA) wastes must be disposed of in facilities that either meet the requirements for an exemption from solid waste permitting or hold permits that expressly allow CCW disposal. Illinois requires a “development permit” before construction or modification of any facility that stores, treats, or disposes of solid wastes, including both declassified and special (non-RCRA) wastes. In addition, an “operating permit” is required before using or operating such a facility, unless (1) the facility is a landfill used only for disposal of waste generated onsite or (2) the facility is a surface impoundment receiving special (non-RCRA) waste that is expressly listed in a NPDES permit (415 Illinois Compiled Statutes [ILCS] 5/21(d) and 35 Ill. Adm. Code 807.201 and 807.202). A CCW landfill that qualifies for the statutory solid waste permitting exemption must notify the Illinois Environmental Protection Agency (IEPA) of its operations and file annual
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ACKNOWLEDGMENTS The authors wish to
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CONTENTS (Cont.) 3.1.9 Testing for
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TABLES (Cont.) 7 Trends in Construc
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TABLES (Cont.) A.14 Chronological C
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MCL maximum contaminant level MoDNR
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S-2 the National Rural Electric Coo
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S-4 Groundwater-monitoring requirem
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S-6 receives only material that the
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TABLE S-2 Summary Results from Chro
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S-10 − In the area of groundwater
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S-12
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2 Air heater and precipitator wash
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4 wastes, and 17% were bottom ash.
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TABLE 1 (Cont.) State a Total CCWs
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8 The remainder of this report cont
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10 (NRECA) and the American Public
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12 Information collected during the
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14 − Type of variance (e.g., clos
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16 potential duplication with the s
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TABLE 2 (Cont.) ID a Unit Name 18 S
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20 Because new power plants built d
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22 the number of new and expanded u
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24 TABLE 7 Trends in Construction C
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26 TABLE 8 Percentages of Wastes Di
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28 TABLE 9 Numbers and Types of Per
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TABLE 11 Liner and Groundwater-Moni
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FIGURE 2 Liners in Identified New o
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34 FIGURE 4 Liner Types Reported fo
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36 Constituents monitored. Landfill
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38 impoundments). The analysis does
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40 (Class I) wastes for which no li
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Page 74 and 75: 44 TABLE 20 Solid Waste Permitting
Page 76 and 77: 46 United States in 2004. The one S
Page 78 and 79: 3.2.2 Findings 48 Table 22 summariz
Page 80 and 81: TABLE 22 (Cont.) Category of Regula
Page 82 and 83: 52 the surveyed units was conducted
Page 84 and 85: TABLE 23 Variance Requests and Disp
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Page 88 and 89: TABLE 26 Variance Requests by Surve
Page 90 and 91: TABLE 27 (Cont.) Variance Request S
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Page 94 and 95: TABLE 28 (Cont.) Variance Request S
Page 96 and 97: TABLE 29 Variance Requests by Surve
Page 99 and 100: 69 5 REFERENCES ACAA 2004 American
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Page 103 and 104: A.1 APPROACH A-3 APPENDIX A: STATE-
Page 105 and 106: A-5 For each State reviewed, an eff
Page 107 and 108: TABLE A.2 Summary of Regulatory Des
Page 109 and 110: A-9 addition, the regulations in Al
Page 111 and 112: TABLE A.3 Chronological Comparison
Page 113 and 114: A-13 A disposal facility in Indiana
Page 115 and 116: TABLE A.4 Permits Required for CCW
Page 117 and 118: TABLE A.4 (Cont.) a The pilot study
Page 119 and 120: A-19 landfills. Otherwise, surface
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Page 127 and 128: A-27 Wisconsin—Wisconsin designat
Page 129 and 130: TABLE A.6 (Cont.) State a Illinois
Page 131 and 132: TABLE A.6 (Cont.) State a Landfills
Page 133 and 134: TABLE A.6 (Cont.) State a Landfills
Page 135 and 136: TABLE A.7 Chronological Comparison
Page 137 and 138: TABLE A.7 (Cont.) State EPA 1988 EP
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Page 145 and 146: TABLE A.13 Summary of Groundwater-M
Page 147 and 148: TABLE A.13 (Cont.) State a Groundwa
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Page 155 and 156: A-55 groundwater. Table A.15 summar
Page 157 and 158: TABLE A.15 (Cont.) State Leachate-C
Page 159 and 160: A-59 TABLE A.16 Chronological Compa
Page 161 and 162: A-61 quality standards, or otherwis
Page 163 and 164: A-63 A.7 CLOSURE/POST-CLOSURE REQUI
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Page 167 and 168: A-67 Type III restricted waste site
Page 169 and 170: TABLE A.19 Summary of Corrective Ac
Page 171 and 172: A-71 the plume (329 IAC 10-29-9). T
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TABLE A.20 Summary of Siting Contro
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A-75 TABLE A.21 Chronological Compa
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A-77 The Virginia regulations speci
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A-79 TABLE A.23 Chronological Compa
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TABLE A.24 Summary of Additional In
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A.12 FINDINGS A-83 Table A.26 summa
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TABLE A.26 (Cont.) States with Chan
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TABLE A.26 (Cont.) Description of C
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A-89 TABLE A.27 Summary of States w
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B-1 APPENDIX B: QUESTIONNAIRE FOR N
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B-3 APPENDIX B: QUESTIONNAIRE FOR N
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Compacted ash Compacted in-situ soi
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7.0 Monitoring B-7 7.1 Is groundwat
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C-1 APPENDIX C: SURVEY RESPONSE RAT
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C-3 APPENDIX C: SURVEY RESPONSE RAT
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C-5 USWAG asked for a response from
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C-7 nonsurveyed units). The capacit
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D-1 APPENDIX D: RECONCILIATION OF U
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TABLE D.1 Reconciliation of Units I
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E-1 APPENDIX E: UNIT COMPLETION DAT
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TABLE E.1 Trends in Unit Completion
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F-1 APPENDIX F: MATERIALS DISPOSED
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TABLE F.1 Materials Disposed of at
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TABLE F.1 (Cont.) Coal Bottom Ash (
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TABLE F.1 (Cont.) Coal Other Unit C
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G-1 APPENDIX G: PERMITS ISSUED FOR
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TABLE G.1 Permits Issued for Survey
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TABLE G.1 (Cont.) Unit ID State Typ
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H-1 APPENDIX H: LINER DATA
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TABLE H.1 Liner Data Unit Is Unit N
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TABLE H.1 (Cont.) Unit Is Unit New
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TABLE H.1 (Cont.) Unit Is Unit New
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I-1 APPENDIX I: GROUNDWATER-MONITOR
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TABLE I.1 Groundwater-Monitoring Da
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TABLE I.1 (Cont.) ID GWM Conducted
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J-1 APPENDIX J: VARIANCE REQUESTS B
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TABLE J.1 Variance Requests by Stat
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K-1 APPENDIX K: VARIANCE REQUEST DE
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TABLE K.1 Variance Request Descript
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TABLE K.1 (Cont.) Variance Variance
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TABLE K.1 (Cont.) ID State Granted
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L-1 APPENDIX L: VARIANCE GRANTING R
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TABLE L.1 Variance Granting Rationa
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TABLE L.1 (Cont.) ID State Variance
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