Coal Combustion Waste Management at - DOE - Fossil Energy ...

46
United States in 2004. The one State that excludes CCWs from all solid waste regulations,
Alabama, generated a total of approximately 12,000 MW in 2004, which is about 3.7% of the
total. Ohio, which excludes “nontoxic” fly ash, bottom ash, and boiler slag from solid waste
regulations, generated a total of about 24,000 MW in 2004. This represents about 7.2% of the
total coal-fired electric generating capacity in the United States. Overall, the portion of the coalfired
electric generating capacity in the States that potentially exempt CCW landfills from solid
waste permitting requirements and that exclude certain CCWs from all solid waste regulation is
approximately 102,000 MW, which corresponds to about 30% of the total coal-fired electric
generating capacity in the United States in 2004.
Four of the six States not requiring solid waste permits for disposal units receiving only
CCWs generated on-site (Colorado, Florida, Illinois, and Texas) have other mechanisms for
identifying and tracking such exempt facilities. While the mechanisms vary from State to State,
they suggest that the absence of a solid waste permit in these four States does not mean the
absence of regulatory oversight. A brief summary of these alternative mechanisms is provided
below.
In Florida, 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. In addition, if a solid
waste generator other than an electric generating plant disposes of solid waste (including CCWs)
that resulted from its own activities on its own property, a solid waste permit is not required
provided that the environmental effects of such disposal on groundwater and surface water are
addressed or authorized by another permit issued by the Florida Department of Environmental
Protection or by an approved groundwater-monitoring plan (FAC 62-701.320).
In Illinois, a CCW landfill that qualifies for an exemption from solid waste permitting as
a result of on-site disposal must comply with the design, construction, and operating standards
applicable to other nonhazardous solid waste landfills that receive chemical wastes (35 Ill. Adm.
Code 816.500(a)). These standards include requirements for liner systems, leachate-collection
systems, and groundwater-monitoring programs (35 Ill. Adm. Code 811, Subpart C). In addition,
exempt CCW landfills in Illinois must file an initial facility report containing information on
facility location and disposal practices. Other reporting requirements for such landfills include
quarterly reports containing groundwater monitoring results and annual reports containing raw
data from groundwater and leachate-system monitoring networks (35 Ill. Adm. Code 815.203).
In Texas, if a CCW landfill is exempt from solid waste permitting because it receives
nonhazardous industrial waste generated only by its owner, the generator of the waste is required
to register with the Texas Commission on Environmental Quality (TCEQ) (30 TAC 335.6(a)).
With the registration, the TCEQ requires submission of information, including, but not limited
to, information concerning waste composition, waste management methods, facility engineering
plans and specifications, or the geology where the facility is located (30 TAC 335.6(b)). In
addition, the landfill is subject to general prohibitions against polluting water, creating a
nuisance, and endangering public health and welfare (30 TAC 335.4).