1. Department of Environmental Quality
Environmental Management Commission Meeting
March 9, 2017
Proposed 15A NCAC 13B Coal Combustion Residuals Rules
Department of Environmental Quality

2. Proposed 15A NCAC 13B .2000 Coal Combustion Residuals Rules
Draft rule approved by the Groundwater and Waste Management Committee in November
Draft rule approved by the GWWMC was a modified version of the Federal rule
DEQ is reviewing recent Federal legislation related to coal ash (WIIN Act)
DEQ continues to discuss the proposed CCR rule with stakeholders

3. WIIN Act Sec. 2301. Approval of State programs for control of coal combustion residuals.
WIIN (Water Infrastructure Improvements for the Nation)
Authorizes water resource and water quality activities while also amending the Solid Waste Disposal Act
Framework is established for state program approval for states implementing federal standards for coal combustion residuals management (Currently, the Federal standards are enforced via citizen suits)

4. WIIN – state program requirements
State program approval may differ from, but must be as protective as federal CCR rule.
EPA has 180-days to approve/disapprove state permit program, this includes public notice and public comment.
EPA reviews state’s program:
every 12 years,
within 3 years if federal CCR rule is revised,
within a year if a significant CCR release occurs, or
if any state requests (because an in-state CCR unit could impact their soil, groundwater, or surface water).

5. WIIN – federal responsibilities
EPA can enforce the prohibition of open dumping by inspections (RCRA Sec. 3007) in states without an EPA-approved permit program and enforcement (Sec. 3008) in states with or without approved permit programs.
If congress appropriates funds to EPA and the state does not have an approved program then the EPA must implement a permit program.
If congress does not appropriate funds then the CCR rule will be enforced through citizen lawsuits in the non-participating state.

6. Next Steps for DEQ Programs and CCR Management
Resolution to Groundwater Standards questions:
2L rule to include IMAC
Will other standards, such as MCL, be used in NC at CCR units.
Choose which course of action to take for the DEQ CCR program:
Submit state program evaluation to EPA for approval according to WIIN Act, and/or
Edit existing rules within DWM, DWR and DEMLR which impact their program activities to ensure that deficiencies according to WIIN are remedied, or
Write one new set of rules for all DEQ activities at all CCR units.
Readoption of Beneficial Use of CCR Rules (2017 – 2018)
Large structural fills are in CAMA, criteria are needed for small CCRs
When does a waste (CCR) become a product (CCP)
Does the transportation of CCR require that a transfer station permit is needed
Continued dialogue between the DEQ programs, stakeholders and EPA
Update EMC – May 11, 2017

7. Department of Environmental Quality
Division of Waste Management
(919)
Department of Environmental Quality