Part I. Part II. WIIN Act s Overview A State s Authority for CCR Permit Program. Part III. EPA s CCR State Program Guidance Document; Interim Final

Similar documents
ORAL ARGUMENT SCHEDULED: OCTOBER 17, 2017 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Rules Update-SWMP. July 16, 2018

PRE-PUBLICATION COPY NOTICE:

ORAL ARGUMENT NOT YET SCHEDULED IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT

Kevin C. Connors Carbon Capture and Storage Supervisor Underground Injection Control

HOUSE BILL 630: Drinking Water Protection/Coal Ash Cleanup Act.

Colorado s Hazardous Waste Program: Current Activities and Issues

MEMORANDUM OF AGREEMENT FOR THE REGULATION OF COAL COMBUSTION RESIDUALS AT THE CHESAPEAKE ENERGY CENTER

Table of Contents Introduction and Background II. Statutory Authority III. Need for the Amendments IV. Reasonableness of the Amendments

NAVAJO NATION SOLID WASTE ACT

PUBLIC NOTICE. The 45-day comment periods for the EAW and the draft RCRA permit run from April 30 through June 15, 2012.

Determination of Full Program Adequacy of Washington s Municipal Solid Waste Landfill

Natural Resources Journal

HOUSE SB 486. ORGANIZATION bill analysis 5/19/99 (R. Lewis) City and county authority over landfill siting

Secretary of the Senate Office of Public Records 232 Hart Building Washington, DC b. Telephone Number International Number

Chapter Bill No. Signed Date Effective Date

State Regulatory Authority Over Nuclear Waste Facilities

Secretary of the Senate Office of Public Records 232 Hart Building Washington, DC b. Telephone Number International Number

Dan Keppen, P.E. Executive Director

Environmental Questionnaire

Monaghan County Council Enforcement Policy on Illegal Waste activity

INTERIM GUIDANCE FOR INVESTIGATING TITLE VI ADMINISTRATIVE COMPLAINTS CHALLENGING PERMITS

District of Columbia Municipal Regulations

Local Governments and the Future of Waste Management and Disposal

Environmental Justice and Environmental Law

SOLID WASTE CODE APACHE TRIBE OF OKLAHOMA

April 20, Dear Mr. Perciasepe:

SESSION #4: Program Administration, Partnerships, Laws and Enforcement

IC Chapter 14. Disposal of Waste Tires

Protection of the Environment Operations (Waste) Amendment (Contributions) Regulation 2014

ORDINANCE NO. 01 / ()-a

Congressional Advisory Commissions: An Overview

1995 Settlement Agreement

ORDINANCE NO The following ordinance is hereby adopted by the Council of the Borough of Muncy:

Authorities Budget Office Policy Guidance

Tribal SW Code Development & TRP. - Solid Waste - Hazardous/Special Waste - Tribal Response Program

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C

WEST VIRGINIA LEGISLATURE. House Bill 4540

STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION ORDER GRANTING WAIVER

March 17, Violation of Executive Order by the Office of Information and Regulatory Affairs

Case 1:12-cv RBW Document 40 Filed 10/29/13 Page 1 of 35 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Statement of the U.S. Chamber of Commerce

A Bill Regular Session, 2019 HOUSE BILL 1967

Secretary of the Senate Office of Public Records 232 Hart Building Washington, DC

WIPP s Hazardous Waste Facility Permit Renewal Application 9101

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 H 2 HOUSE BILL 630 Senate Rules and Operations of the Senate Committee Substitute Adopted 6/28/16

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Case 4:14-cv EJL-CWD Document 12 Filed 01/30/15 Page 1 of 235 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

TITLE 18 LUMMI CODE OF LAWS SOLID WASTE CONTROL AND DISPOSAL CODE

Introduction. Overview

DRAFT AGREEMENT For Provision of Solid Waste Disposal Services By Guam Government to the US Navy

Case 1:12-cv RBW Document 44-1 Filed 01/29/14 Page 1 of 18 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Legislative Overhaul of California Hazardous Waste Program Expected in 2017; Modernization, Streamlining Needed

ARE 309 Chapter 3 Administrative Law & Procedure

STATE OF VERMONT ENVIRONMENTAL COURT } } } } } } } } } } } } } } } } } }


City of Chicago v. Environmental Defense Fund, Inc." Making the Case for Broader Application of Chevron, U.S.A. v. Natural Resource Defense Council

Natural Resources Journal

A Bill Regular Session, 2017 SENATE BILL 633

DEPARTMENT OF ENVIRONMENT & CONSERVATION SOLID WASTE DISPOSAL CONTROL BOARD RECORDS RECORD GROUP 308

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II

GPI State Legislative Update

2016 LEGISLATIVE WRAP-UP. Chris Nida NC League of Municipalities

Risk Assessments and Hazardous Waste Cleanup in Indian Country: The Role of the Federal-Indian Trust Relationship

PRATT S ENERGY LAW REPORT

Army Corps of Engineers Water Resources Projects: Authorization and Appropriations

Non-Stormwater Discharge Ordinance

ALI-ABA Course of Study Environmental Litigation

Presentation to the National Academies of Sciences; Nuclear and Radiation Studies Board

We weren t going to discuss this but since you asked...

Ocean Dumping: An Old Problem Continues

Toxic Torts Recent Relevant Decisions. Rhon E. Jones Beasley, Allen Crow, Methvin, Portis & Miles, P.C.

Fourth Circuit Summary

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO

Article 7. Department of Environmental Quality. Part 1. General Provisions.

Follow this and additional works at: Part of the Environmental Law Commons

Assembly Bill No. 243 CHAPTER 688

Judicial Consideration of Feasibility in Enforcement of The Clean Air Act

IN THE COURT OF APPEALS OF TENNESSEE AT KNOXVILLE February 14, 2005 Session

CRS Report for Congress

b. On the basis of race, color or national origin, in Executive Order as implemented by Department of Labor regulations at 41 CFR Chapter 60.

UNITED STATES DISTRICT COURT ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) WHEREAS, Portland General Electric Company ( PGE ) is an Oregon corporation;

Appendix E. Relations with External Parties

UNITED STATES COURT OF APPEALS FOR THE TWELFTH CIRCUIT

WASHINGTON DC, HUMAN RESOURCES, AND YOU. Presented by Deron Zeppelin, Director Government Affairs

MEMORANDUM OF AGREEMENT BETWEEN THE ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY AND REGION 6 OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

Texas Commission on Environmental Quality

SECOND INTERIM REPORT. of the SPECIAL COMMISSION. Relative to THE PROCEDURES AND GUIDELINES FOR SITING HAZARDOUS WASTE FACILITIES IN THE COMMONWEALTH

Statement of the U.S. Chamber of Commerce

Environmental Protection Agency (EPA): Appropriations for FY2013

WikiLeaks Document Release

EC/69/SC/CRP.17. Report of the Independent Audit and Oversight Committee, Executive Committee of the High Commissioner s Programme

Enforcement Response Plan

December 9, Mr. Daniel Simmons, Owner Whiteville Ready Mixed Concrete P.O. Box 944 Lumberton, NC 28359

June 2013 Hurricane Sandy Relief Act Includes Changes to Expedite Future Disaster Recovery

ASHBURTON DISTRICT COUNCIL BYLAWS

Table of Contents. Both petitioners and EPA are supported by numerous amici curiae (friends of the court).

ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION REGULATION NO. 9 FEE REGULATION

The Environmental Crimes Division

Rulemaking Hearing Rule(s) Filing Form

Transcription:

Robert D. Burnette, P.E. Robert Wilkinson. P.G. February 15, 2018

Part I Tennessee s Current CCR Regulatory Status Part II WIIN Act s Overview A State s Authority for CCR Permit Program Part III EPA s CCR State Program Guidance Document; Interim Final Talking Points Take Away Discussion

Robert D. Burnette, P.E. Robert Wilkinson. P.G. February 15, 2018

Senate Joint Resolution 784 (SJR 784) TVA Multi-Site Commissioner s Order (OGC 15-00117) Industrial Landfill Permitting Program (0400-11-1) Agreed Temporary Injunction (ATI 15-23-IV)

Watts Bar

Category 1 CCR Unit Category 2 CCR Unit Category 3 CCR Unit Category 4 CCR Unit

TDEC s annual report requirements Documents TVA s progression in transition to dry coal ash storage at each TVA coal plants. Updates static structural evaluations of all active coal ash storage facilities. Report will be submitted in February of each year annually until transition to dry ash storage is complete at all TVA plants in Tennessee.

TVA s Historical and Forecasted State-Wide Generation of Wet CCR

Order Has Two Purposes 1. Establish transparent and comprehensive process for the Investigation, assessment, and remediation of unacceptable risks, resulting from the management and disposal of coal combustion residuals (CCR) at the TVA s coal-fired power plants in Tennessee. 2. Coordination of Implementation of the federal CCR rule to insure compliance with Tennessee laws and regulations that govern the management and disposal of CCR.

Robert D. Burnette, P.E. Robert Wilkinson. P.G. February 15, 2018

The WIIN Act passed a bipartisan senate and house vote and was signed into law December 16, 2016 Includes a Summary of Key Provisions of Water Resource Development (WRDA) Act, Amends Open Dumping Provisions of RCRA. EPA encourages State to adopt a CCR permit program and implement standards at least as stringent as the Federal rule

State may submit a permit program to EPA for Approval There is no requirement for a State to have a CCR permit program. The Federal CCR rule (part 257 regulations) applies to CCR units until a State permit, under an EPA approved CCR permit program, is effective for that unit EPA must determine that a State s criteria are at least as protective as the CCR rule Upon approval, permit programs will operate in lieu of the Federal CCR rule EPA shall implement a permit program in nonparticipating States subject to appropriations

Robert D. Burnette, P.E. Robert Wilkinson. P.G. February 15, 2018

EPA s interim guide, released August 10, 2017 outlines how EPA plans to review States proposed permit programs for CCR to ensure they will be at least as protective as the Federal CCR rule, as required by the WIIN Act. The Guidance describes EPA s interpretation of the WINN Act provisions Initially EPA plans to address implementation through guidance. The WIIN Act does not require EPA to promulgate of a rule in order to implement a State s permit program. EPA s review process, limited by 180 days, is not clear in the guide The Guidance encourages states to communicate with the EPA early and often it a State s permit program development EPA received comments on the Guidance through September 14, 2017.

1) Transmittal Letter requesting program approval. 2) Narrative description of the State permit program. 3) A Legal Certification from the State Attorney General 4) Copies of all applicable State States, regulations, and guidance. 5) A completed Part 257 Checklist provided in EPA s guidance.

Flexibilities provisions that deviate from the Federal CCR rule. States must provide demonstration(s) that such provisions are at least as protective as the (federal) criteria. The Guide urges States to craft defined conditions where variances from the Federal CCR rule are necessary or helpful. Flexibilities should lay out the standards under which they would be granted and provide evidence that demonstrates the flexibility is at least as protective as the Federal CCR rule. EPA provides 5 flexibilities provided in CFR 40 Part 258.

EPA expects to delegate authority to approve a State permit program from the Administrator to the Regional Administrators with concurrence from the Assistant Administrators for the Office of Land and Emergency Management and Office of General Counsel. EPA Region 4 Davey Simonson Senior Solid Waste Specialist Alan Farmer Resource Conservation and Restoration Division Director EPA Headquarters Barnes Johnson Office of Resource Conservation and Recovery (ORCR) Director Betsy Devlin Materials Recovery and Waste Management Division Director Mary Jackson - Materials Recovery and Waste Management Division

Robert D. Burnette, P.E. Robert Wilkinson. P.G. February 15, 2018

Encourages States to work with EPA to submit a CCR permit program in a timely manner. Due to limited authority under RCRA the Federal CCR rule could not be tailored to unique circumstances of individual CCR units and states through authorized permit programs. Reiterates enforcement only by citizen suits. EPA expects to review and approve state CCR permit programs and allow flexibility of individual permits in lieu of the national standards.

Robert D. Burnette, P.E. Robert Wilkinson. P.G. February 15, 2018