USWAG Update: SPCC & CCP Issues

1. USWAG Update:SPCC & CCP Issues Jim Roewer APPA E&O Conference April 18, 2007

2. Spill Prevention Control & Countermeasures(SPCC) Regulations

3. SPCC Rule Revisions Timeline • SPCC Rule (40 CFR 112 ) Promulgated 1973 • Revisions Proposed 1991; Additional Amendments Proposed 1993 & 1997) • SPCC Amendments Published July 17, 2002, Effective August 16, 2002; Deadline = August 2003 • 2003 Deadline Extension to August 2006

4. Oil-filled Equipment & Small Facility SPCC Rule • ANPR September 2004 • Proposed Rules December 2005 • Extension of Compliance Deadlines to October 31, 2007 (or 1 year from Final Rule) • Tailored SPCC Program for Electrical Equipment & Small Facilities • Final Rule Published December 26, 2006

5. Oil-filled Equipment & Small Facility SPCC Rule • Reduces Regulatory Burdens • Oil-filled Equipment • Small Facilities (“Qualified Facilities”) • Mobile Refuelers • Motive Power

6. Oil-filled Equipment • Oil-filled equipment is subject to rule • Equipment volume included in threshold determination • Equipment excluded from “bulk storage container” definition, avoids requirements for: • bulk storage secondary containment • corrosion protection • periodic integrity testing • inspection

7. Qualified Oil-filled Equipment • Oil-filled Electrical Equipment with Clean Discharge History for Past 3 years ✔ Discharges from Electrical Substations ~20/Year Industry-wide • Subject to Monitoring & Inspection • Contingency Plan in lieu of General Secondary Containment

8. Qualified Facilities • ≤ 10,000 gallons Aggregated Oil Capacity • Clean Discharge History for Past 3 Years • Self-certification of SPCC Plan • Streamlined Integrity Testing Requirements • Streamlined Facility Security Requirements

9. Mobile Refuelers • Mobile Refueler = Bulk Storage Container onboard a Vehicle • Sized Secondary Containment No Longer Required • General Secondary Containment Still Required • Refueling vs. Oil Transfer

10. Motive Power • On-board Fuel Tank • Motive Power Containers Exempt from SPCC Rule

11. SPCC Summary • Relief for Small Facilities (<10,000 gal) • Relief from Secondary Containment for Electrical Equipment • Mobile Refuelers • Motive Power Exemption

12. SPCC Summary • Relief for Small Facilities (<10,000 gal) • Relief from Secondary Containment for Electrical Equipment • Mobile Refuelers • Motive Power Exemption • Compliance Deadline Proposed Extension to July 1, 2009

13. USWAG SPCC Workshops • June 6, 2007 PSEG Newark, NJ • October 3, 2007 PGE San Francisco

14. Coal Combustion Product (CCP) Management Issues

15. CCP Regulatory Background • August 1993 & May 2000 Non-Hazardous Regulatory Determinations • Rulemaking Schedule: • CCP Disposal • NODA April 2007 Mineplacement • OSM ANPRM March 2007

16. EPA NODA • Updating Record Since 2000 Regulatory Determination • EPA – DOE Report on New Facilities • Revised Risk Modeling • USWAG CCP Action Plan • Environmental Groups’ Proposed Subtitle D Regulations

17. EPA/DOE New CCP Disposal Facility Report • Survey of New (post-1994) CCP Disposal Facilities • ~60 facilities identified • Analysis of Permit Requirements • Liners, Groundwater Monitoring required for Nearly All • Review of State Regulations • Increasing Stringency

18. UTILITY INDUSTRY ACTION PLAN FOR THE MANAGEMENT OF COAL COMBUSTION PRODUCTS Submitted to the United States Environmental Protection Agency Office of Solid Waste Ariel Rios Building 1200 Pennsylvania Avenue, NW Washington, D.C. 20460 by the Utility Solid Waste Activities Group 701 Pennsylvania Avenue, NW Washington, D.C. 20004-2696 202-508-5645 October 2006

19. USWAG CCP Action Plan • Voluntary Program Designed to: • Adopt Groundwater Performance Standards at Landfills, Surface Impoundments • Implement Comprehensive Monitoring Program to Measure Compliance with Performance Standards • Ensure no CCPs Placed in Sand & Gravel Pits without Appropriate Engineering Controls • Consider Dry Handling for New CCP Management Units

20. USWAG CCP Action Plan • Implementation of the Action Plan will Achieve Enhanced Environmental Protection on a More Rapid Timetable than Through EPA’s Regulatory Process • Will Fill any Perceived Gaps in State Regulations

21. OSM ANPRM - March 14, 2007 • Implementation of NAS Report on Mineplacement • SMCRA Does Not Contain Explicit Regulations Addressing CCP Mineplacement • Modifications to SMCRA Title V, Title IV Likely • OSM Commitment to Mine Reclamation & Environmental Protection • Anticipated Schedule: Proposed Rule - 2007, Final Rule - 2008

22. CCP Disposal and Mineplacement • No Need for Comprehensive Federal Regulatory Program • Performance Based Standards for Disposal and Mineplacement • State Regulatory Oversight for Disposal and Mineplacement • EPA’s Role = Technical Assistance & Filling Gaps

23. CCP Management Challenges(Impact of Mercury Rules) • Cross Media Impacts • Questions re. Increased Hg Levels in CCPs • Implications for Disposal • Implications for Utilization • Cement & Concrete • Cement Manufacture • Gypsum Sheet Product Manufacture • Agricultural Applications

24. CCP Management Challenges(Impact of Mercury Rules) • Portland Cement Kiln NESHAP • December 20, 2006 Final Rule • Hg Control for Existing Kilns • Rejected Ban on Use of Fly Ash as Kiln Feedstock • Ban on Fly Ash with Increased Hg from Sorbent Injection • Reconsideration of Rule (Limits, Fly Ash Ban) • PCA, Earthjustice Lawsuits

25. CCP Issues Summary • Regulatory Future Uncertain • Non-hazardous Status of CCPs Critical • Disposal & Mineplacement Regulations • CAA Implementation Will Affect CCPs • Regulatory Status Unlikely to be Affected • Impact on Utilization Possible

26. Jim Roewer 202/508-5645 jim.roewer@uswag.org Questions?