What’s In Your Water? A Discussion of Threats To Virginia’s Water Quality March 27-­28, 2015 William and Mary School of Law Dr. John L. Daniels, P.E. Professor and Chair Department of Civil and Environmental Engineering UNC Charlotte

Sent: Monday, February 10, :39 PM To: Daniels, John Subject: media query Here's my question for you or someone you might refer me to: Did Duke violate any principle of civil engineering in expanding the ash basin in question over a corrugated-metal stormwater pipe? The pipeline, when it failed, served as a conduit for ash and wastewater to the river. From: Daniels, John Sent: Monday, February 10, :31 PM Subject: RE: media query Thanks for your note and question. Appropriately designed, constructed, and maintained corrugated metal pipe can pass underneath a variety of infrastructure, including ash ponds.

36” RCP 48” CMP

2010 Proposed Rule 2014 Ruling 2014 NC Coal Ash Management Act

Comparisons SiteDateMass of Ash (tons) Volume of Water (million gallons) PPL Martins Creek Station Delaware River Bangor, PA , TVA Emory and Clinch Rivers Kingston, TN 20085,100,0001,100 Duke Energy Dan River Station Dan River Eden, NC ,00027

Coal Combustion Basics Source: Duke Energy,

Coal Combustion Products Source: USGS,

Scanning Electron Microscope Images Source: J. Daniels

Duke Energy asks for coal ash leaks to continue By Jim Bradley 4:40 p.m. EDT, Fri March 13, 2015 CHARLOTTE, N.C. — Environmental groups said Duke Energy and state regulators are attempting to legalize potential toxic leaks from controversial coal ash ponds. New permits for three Charlotte area sites show Duke is requesting permission to allow multiple leaks to continue. Duke Energy's coal ash disaster is well-documented. Last year, a failure at a coal ash pond near the Virginia border sent a toxic sludge of coal ash into the Dan River. Since then, Duke Energy has agreed to pay a $100 million fine to the federal Environmental Protection Agency.

Duke Energy asks for coal ash leaks to continue By Jim Bradley 4:40 p.m. EDT, Fri March 13, 2015 CHARLOTTE, N.C. — Environmental groups said Duke Energy and state regulators are attempting to legalize potential toxic leaks from controversial coal ash ponds. New permits for three Charlotte area sites show Duke is requesting permission to allow multiple leaks to continue. Duke Energy's coal ash disaster is well-documented. Last year, a failure at a coal ash pond near the Virginia border sent a toxic sludge of coal ash into the Dan River. Since then, Duke Energy has agreed to pay a $100 million fine to the federal Environmental Protection Agency.

Leachability “Under the regulations subsequently promulgated, a waste is considered “hazardous” and subject to regulation under Subtitle C if it exhibits any one of four characteristics of hazardousness— ignitability, corrosivity, reactivity, or toxicity. 40 C.F.R. §§ (a)(1), –24 (2012). The characteristic of toxicity is “the leaching of toxic residues into surrounding liquid,” Envtl. Def. Fund, 852 F.2d at 1310, as determined using the Toxicity Characteristic Leaching Procedure (“Leaching Procedure”) set forth in EPA Publication SW-846, 40 C.F.R. § Disposal of all other solid wastes is regulated under Subtitle D of the Act.” Source: Case 1:12-cv RBW Document 40 Filed 10/29/13 Page 4 of 35

Not meant to be read… John if interested in a copy…

14 Data Sources: -Characterization of Coal Combustion Residues from Electric Utilities – Leaching and Characterization Data, EPA-600/R-09/151 December Lindsay, W. L Chemical equilibria in soils. John Wiley, as cited in Ground Water Issue, Behavior of Metals in Soils EPA/540/S-92/018 -A Study of the Metal Content of Municipal Solid Waste, Chemical Science and Technology Laboratory, NIST (prepared for US DOE), 1998 Solid Phase Concentration Comparisons

Aqueous Phase Concentration Comparisons Room for Argument

Evaluating trace elements in groundwater Background concentrations: may exceed standards Credit: J. Daniels/B. Langley

Typical Leachate Data 17

Source: Associated Press. Coal ash, scooped from the Dan River after the Feb. 2 spill

Evaluating Leachability and Transport Credit: J. Daniels/B. Langley

Numerical Model (MODFLOW): Fate and Transport Sensitivity Analysis Boron concentration at compliance boundary Compliance boundary

Source: Q = ? C = ?

No NC Water Quality standards for dissolved metals

Image Credit:

Applicable Standard: Aluminum – 87 µg/L (aquatic) Iron – 1000 µg/L (aquatic health) Reported as 16,000 µg/L

Applicable Standard: Arsenic – 10 µg/L (human health) Copper – 7 µg/L (aquatic health)

Parting Comments Risk and Reuse

You need all three…

March 6, 2014: Superior Court Judge Paul Ridgeway –“take immediate action to eliminate sources of contamination that cause a concentration of a substance in excess of groundwater quality standards” EPA pre-publication CCR Rule: –“EPA believes that solid waste activities should not be allowed to contaminate underground drinking water sources to exceed established drinking water standards”

Are we encouraging reuse? Source: CAMA Legislative Timelines EPA CCR Timelines Citizen Suits

ASTM Standard Guides

Dr. John L. Daniels, P.E. Professor and Chair Department of Civil and Environmental Engineering UNC Charlotte Energy Production and Infrastructure Center - Room Phillips Road | Charlotte, NC Phone: | Fax: |