1. Missouri Waste Control Coalition Environmental Conference July 14, 2015 CCR Rule What Location Restrictions Mean for Missouri

2. CCR Rule The Rule establishes five location restrictions to ensure units are appropriately sited. ─Placement above the uppermost aquifer ─Wetlands ─Fault areas ─Seismic impact zones ─Unstable areas Units are prohibited from being sited in these areas unless specific demonstrations can be made. Demonstrations must be made by a qualified Professional Engineer.

3. Qualified Professional Engineer Qualified professional engineer means an individual who is licensed by a state as a Professional Engineer to practice one or more disciplines of engineering and who is qualified by education, technical knowledge and experience to make the specific technical certifications required under this subpart. Professional engineers making these certifications must be currently licensed in the state where the CCR unit is located.

4. Placement above the uppermost aquifer ─Applies to new CCR landfills, new and existing CCR surface impoundments, and all lateral expansions. ─The unit must be constructed with a base no less than five feet above the uppermost aquifer. ─Or – must demonstrate that there will not be an intermittent, recurring or sustained hydraulic connection between any portion of the base of the CCR unit and the uppermost aquifer due to normal fluctuations in groundwater elevation.

5. Placement above the uppermost aquifer ─Uppermost aquifer means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within the facility’s property boundary. Upper limit is measured at a point nearest to the natural ground surface to which the aquifer rises during the wet season. ─Existing surface impoundments have to complete the demonstration within the prescribed timeframe. ─New CCR units must complete the demonstrations prior to receiving CCR. ─Those units that fail to comply with either standard must cease receiving CCR and close. ─This location restriction generally applies to CCR units located in alluvial settings, rather than upland settings.

6. Wetlands ─Applies to new CCR landfills, new and existing CCR surface impoundments, and all lateral expansions. ─Units cannot be located in wetlands absent a demonstration by the O/O that ensures the CCR unit will not degrade sensitive wetland ecosystems.

7. Wetlands ─The term “wetlands” refers to those areas defined in 40 CFR 232.2. ─Wetlands means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

8. Wetlands ─If in doubt, a wetlands delineation should be conducted by a qualified wetlands scientist.

9. Fault Areas Applies to new CCR landfills, new and existing CCR surface impoundments, and all lateral expansions. A unit cannot be located within 200 feet of the outermost edge of a Holocene fault absent a demonstration that an alternative setback distance of less than 200 feet will prevent damage to the structural integrity of the CCR unit. Existing surface impoundments have to complete the demonstration within the prescribed timeframe. New CCR units must complete the demonstrations prior to receiving CCR. Those units that fail to comply with either standard must cease receiving CCR and close.

10. Fault Areas Missouri faults from MGS GeoSTRAT database.

11. Fault Areas Missouri faults from MGS GeoSTRAT database. Holocene faults (those with movement within the last 10,000 years) are limited to those in the New Madrid Fault Zone.

12. Seismic Impact Zones Applies to new CCR landfills, new and existing CCR surface impoundments, and all lateral expansions. A unit cannot be located in a seismic impact zone absent a demonstration that all structural components, including liners, leachate collection and removal systems, and surface water control systems, are designed to resist the maximum horizontal acceleration in lithified earth material for the site. Existing surface impoundments have to complete the demonstration within the prescribed timeframe. New CCR units must complete the demonstrations prior to receiving CCR. Those units that fail to comply with either standard must cease receiving CCR and close.

13. Seismic Impact Zones Seismic impact zone means an area having a 2% or greater probability that the maximum expected horizontal acceleration, expressed as a percentage of the earth’s gravitational pull (g), will exceed 0.10 g in 50 years.

14. Seismic Impact Zones USGS Seismic Hazard Map

15. Seismic Impact Zones USGS Seismic Hazard Map

16. Seismic Impact Zones Demonstration - All structural components, including liners, leachate collection and removal systems, and surface water control systems, are designed to resist the maximum horizontal acceleration in lithified earth material for the site. o Newer units may have design documents which satisfy demonstration. o Older units would need analysis by a seismic engineer with expertise in dynamic soil-structure interaction.

17. Unstable Areas Applies to new and existing CCR landfills, new and existing CCR surface impoundments, and all lateral expansions. A unit cannot be located in an unstable area absent a demonstration that recognized and generally accepted good engineering practices have been incorporated into the design of the CCR unit to ensure that the integrity of the structural components of the CCR unit will not be disturbed. Existing landfills and surface impoundments have to complete the demonstration within the prescribed timeframe. New CCR units must complete the demonstrations prior to receiving CCR. Those units that fail to comply with either standard must cease receiving CCR and close.

18. Unstable Areas Unstable areas means a location that is susceptible to natural or human-induced events or forces capable of impairing the integrity, including structural components of some or all of the CCR unit that are responsible for preventing releases from such unit. Unstable areas can include poor foundation conditions, areas susceptible to mass movement, and karst terrains. Recognized and generally accepted good engineering practices means engineering maintenance or operation activities based on established codes, widely accepted standards, published technical reports, or a practice widely recommended throughout the industry. Such practices generally detail approved ways to perform specific engineering, inspection, or mechanical integrity activities.

19. Unstable Areas What constitutes unstable areas in Missouri? ─Improper fill ─Steep slopes ─Differential settlement ─Shrink-swell potential ─Mines ─Karst

20. Unstable Areas Karst areas in Missouri

21. Summary There will be lot of closures, and a need to identify suitable replacement sites. All demonstrations, whether for existing sites or replacement sites, will need to withstand citizen suits. Must find ways to maintain existing coal-fired power plants.

22. Questions? Gary J. Pendergrass, PE, RG Principal Geological Engineer GeoEngineers, Inc. 3050 S. Delaware Springfield, MO 65804 ph. 417-799-2612 gpendergrass@geoengineers.com