COAL ASH UPDATE
Elizabeth S Werner
Permitting Hydrogeologist
NCDENR Division of Waste Management - Solid Waste Section
NC SWANA 2014 Fall Conference
Wrightsville Beach
Coal Combustion Products (CCPs)
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Fly Ash - powdery material composed mostly of silica with
nearly all particles being spherical captured in air pollution
control systems
Bottom Ash - large particles such as sand and small rocks
from pulverizing coal and collected in the bottom of the
boilers/furnace
Flue Gas Desulfurization (FGD) Material - powdery material
with a mixture of sulfites & sulfates (aka gypsum) produced
when reducing SO2 emissions
Boiler Slag - molten bottom ash which fractures and
crystallizes to form hard black pellets when quenched with
water
Coal Ash Definitions
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As defined under 130A-290.(a)(35) – the definition of solid
waste has been modified to include coal ash removed from
ash ponds
Wet ash (a.k.a. ash ponds) is regulated by the Division of
Water Resources (formerly Water Quality)
Dry ash (a.k.a. coal ash landfills) is regulated by the Division
of Waste Management-Solid Waste Section
Coal Combustion Products (CCP) = materials that are
beneficially reused, including use for structural fill
Coal Combustion Residuals (CCR) = materials that are
disposed
Coal Ash Landfills in NC
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11 permitted landfills
10 associated with Duke Energy Progress (2 formerly
Progress Energy)
 1 associated with Roanoke Valley Energy
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2 closed/inactive and unlined
9 open/active
6 single composite lined
 3 double composite lined
 3 overtop of retired ash ponds
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Coal Ash Landfills by Permit
•
•
•
•
•
•
•
Marshall Steam Station (Catawba County)
• 1804-INDUS-1983: Dry Ash Landfill (closed, unlined)
• 1809-INDUS: FGD Landfill (active, lined)
• 1812-INDUS-2008: Landfill #1 (active, double lined)
Allen Steam Station (Gaston County)
• 3612-INDUS-2008: Retired Ash Basin Landfill (active, double lined)
Roanoke Valley Energy Plant – Halifax County
• 4204-INDUS-1994: Halifax County Coal Ash Landfill (active, lined)
Roxboro Steam Plant (Person County)
• 7302-INDUS-1988: CCB Landfill (active, lined)
Mayo Steam Plant (Person County)
• 7305-INDUS: CCP Monofill (active, double lined)
Cliffside Steam Station (Rutherford County)
• 8106-INDUS-2009: CCP Landfill (active, lined)
Belews Creek Steam Station (Stokes County)
• 8503-INDUS-1984: Pine Hall Rd Landfill (closed, unlined)
• 8504-INDUS: Craig Rd Landfill (active, lined)
• 8505-INDUS: FGD Landfill (active, lined)
Recent Permit Activities
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1804_Marshall_DryAsh - Closure Permit issued Dec 6, 2013
1809_Marshall_FGD - PTO modification for chimney drained
issued Dec 6, 2013
1812_Marshall_LF#1 - PTC for Phase 1, Cells 3&4 issued Dec
6, 2013
7302_Roxboro - PTC for Phase 6 issued Oct 8, 2013
7305_Mayo
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PTC for Phase 1 issued July 19, 2012
PTO for Phase 1 issued July 10, 2014
8106_Cliffside - PTC for Phase 2 issued Sept 6, 2012
8504_BelewsCreek_CraigRd - PTC for Phase 2 issued May 18,
2012
Location of Coal Fired Power Plants
Coal Ash Landfill Locations
2013-2014 Coal Ash Production & Disposal
Facility
Ash Tons
Produced
FGD Tons
Produced
Ash Tons
Disposed
FGD Tons
Disposed
Ash Tons in
Structural fill
Ash Tons
Other Uses
Gypsum Tons
Other Uses
Allen Steam Station
178,540
88,254
239,160
4,347
0
0
83,060
Belews Creek Steam Station
543,902
389,226
198,052
262,990
0
293,820
146,361
Buck Steam Station
0
0
0
0
0
0
0
Cliffside Steam Station
235,747
219,354
192,691
135,219
0
1,509
92,412
Dan River Steam Station
0
0
0
0
0
0
0
Marshall Steam Station
452,206
369,968
381,082
28,418
132
15,192
327,373
Riverbend Steam Station
0
0
0
0
0
0
0
Asheville Steam Station
0
84,495
0
1,081
0
0
83,414
Mayo Steam Plant
144,674
138,499
108,739
383
0
35,935
138,116
Roxboro Steam Plant
662,522
427,472
542,806
0
26,024
93,692
427,472
Totals
2,217,591
1,717,268
1,662,530
432,438
26,156
440,148
1,298,208
Beneficial Uses of Coal Ash in NC
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Drywall industry utilizes gypsum (FGD material) as a supplemental
ingredient in the wallboard production process
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CertainTeed (wallboard production) recently opened a facility across the
river from the Roxboro Power Plant
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Duke has reported an increased need for gypsum
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8505-INDUS (Belews Creek - FGD) has been mining gypsum for the past 12 months
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Fly ash can be used as raw material for concrete products and a
component in road bases
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Cenospheres - formed when coal combustion ash in molten form is
rapidly quenched with water and “freezes” the ash into tiny spheres with
trapped air/gas inside
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Harvested from ash ponds because they float
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Perfectly spherical and inert
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Used to make bowling balls and facial cleansers
Session Law 2014-122 (Senate Bill 729) Overview
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Prohibit recovery of cost
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Moratorium on certain rate cases
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Create coal ash management commission
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Expedited review of permits
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Require quarterly reports on ash ponds to be submitted to the G.A.
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Prohibit local government regulation of management of CCPs
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Prohibit new construction or expansion of ash ponds, effective Oct 1,
2014
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Prohibit disposal of CCPs to ash ponds at plants no longer producing CCPs,
effective Oct 1, 2014
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Prohibit stormwater discharge to ash ponds, effective Dec 31, 2019
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Require all plants to convert to dry fly ash by Dec 31, 2018 and dry
bottom ash by Dec 31, 2019
Overview continued…
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Require groundwater assessments for all ash ponds
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Require corrective action at ash ponds to restore GW quality
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Require survey of drinking water wells and replace contaminated water
supplies
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Identify, assess and correct any unpermitted discharges from ash ponds
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By Dec 31, 2015 prioritize the closure and remediation of all ash ponds
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Owners to submit closure plans for all ash ponds
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Closure and remediation of certain ash ponds by Aug 1, 2019
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Require DENR to establish a schedule for closure and remediation of ash
ponds
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Establish minimum statutory requirements for structural fills and perform
an inventory and inspect certain structural fills
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Moratorium on structural fills until Aug 1, 2015 and direct DENR to study
adequacy of current law
Overview continued…
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Moratorium on construction and expansion of landfills on top of retired
ash ponds until Aug 1, 2015 and direct DENR to perform a study
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Strengthen reporting and notification requirements of discharges to
waters of the state
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Require certain emergency calls to be recorded
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Require emergency action plans at high and intermediate hazard dams
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Transfer SW rule making authority from Public Health Commission to
Environmental Management Commission
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Amend compliance boundary provisions
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Provide various studies
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Require the State Construction Office and DOT to develop technical
specifications for beneficial use of CCBs
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Provide resources to implement this bill
Part 11. SECTION 3.(b)
Closure of Certain Ash Ponds
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The following ash ponds are deemed high-priority
and shall close by Aug 1, 2019
 Dan
River Steam Station (Rockingham County)
 Riverbend Steam Station (Gaston County)
 Asheville Steam Plant (Buncombe County)
 Sutton Plant (New Hanover County)
Part 11. 130A-309.212
Closure of CCP Ash Ponds
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By Dec 31, 2019 high risk ash ponds shall be closed
with a closure plan submitted by Dec 31, 2016
By Dec 31, 2024 intermediate risk ash ponds shall
be closed with a closure plan submitted by Dec 31,
2017
By Dec 31, 2029 low risk ash ponds shall be closed
with a closure plan submitted by Dec 31, 2018
Part III. SECTION 4.(b)
Moratorium on Structural Fills
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The use of CCPs as structural fill is prohibited until Aug 1,
2015
However, CCPs may be used as structural fill under two
conditions:
 The fill is constructed with a base liner, leachate collection
system and cap liner or groundwater monitoring system
AND establishes financial assurance
 The fill is used as base or sub-base of a concrete or asphalt
paved road constructed under the authority of a public
entity
Part 111. SECTION 4.(d)
Study of Structural Fills
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DENR and Environmental Management Commission shall
jointly perform a study on the use of CCPs in structural fills
and jointly report to the Environmental Review Commission
by Jan 15, 2015
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Review the new statutory regulations (130A-309.214 – .222) to
determine if the requirements are sufficient to protect human and
environmental health
Review the old statutory regulations (15A NCAC 13B .1700 and 15A
NCAC 02T .1200) to determine if the rules are sufficient to protect
human and environmental health
Evaluate additional opportunities for use of CCPs in structural fills and
other beneficial uses that would reduce the volume of CCPs disposed
in landfills while still protecting human and environmental health
Monitor any actions by the USEPA
Part 11. 130A-309.214 – 130A-309.222
New Regulation of CCP use as Structural Fill
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Effective after moratorium ends Aug 1, 2015
130A-309.214 - Applicability
130A-309.215 – Permit requirements
130A-309.216 - Design, construction and siting requirements
130A-309.217 – Financial assurance for large projects
130A-309.218 – Closure requirements
130A-309.219 – Recordation of projects
103A-309.220 – DOT projects
130A-309.221 – Inventory and inspection of certain structural
fills
10A-309.222 – Amendments required to rules
Brief Summary of Requirements of New
Structural Fills
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Projects using less than 8,000 tons per acre or less than 80,000 tons total
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Provide same info as required under the current law 15A NCAC 13B .1703(a)
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Stricter design, construction and operation requirements under 130A-309.216(a)
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Final cover applied no later than 30 working days/60 calendar days after CCP placement has
ceased under 130A-209.218(a)
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Record location and volume of CCP structural fill with the Register of Deeds if project used
more than 1,000 cubic yards
Projects using more than 8,000 tons per acre or more than 80,000 tons total
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A composite liner system, leachate collection system, final cap and groundwater monitoring
system are required
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Financial assurance is required
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Stricter closure requirements under 130A-309.218(b)
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Recordation of location and volume in Register of Deeds
Buffer Requirements for Structural Fills
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50 feet between edge of waste and property
boundary
300 feet between edge of waste and private dwelling
or well
50 feet between edge of waste and bodies of surface
water
4 feet between bottom of waste and seasonal high
water table
50 feet between edge of waste and wetlands
Cannot be located within a 100-year flood plain
Part 111. SECTION 5.(a) and SECTION 5.(b)
CCR Landfills on top of Ash Ponds
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SECTION 5.(a) – establishes a moratorium on the
construction of new or the expansion of existing
CCR landfills on top of retired ash ponds, as
defined by G.S. 130A-290(2c) until Aug 1, 2015
SECTION 5.(b) – DENR shall evaluate each existing
CCR landfill currently operating on top of retired
ash ponds to determine the advisability of
continued operation, assess the risk to human and
environmental health and report to the ERC by Jan
15, 2015
Can a MSW landfill accept coal ash?
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Yes, with caveats
Cannot be comingled with MSW waste
May be placed in expansion cells/phases as a
monofill
Important Dates
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Oct 1, 2014 – new construction or expansion of existing CCR
ash ponds is prohibited
Oct 1, 2014 – disposal of CCRs in ash ponds at power plants
that no longer produce CCRs is prohibited
Dec 31, 2018 – discharge of stormwater into ash ponds at
power plants that no longer produce CCRs is prohibited
Dec 31, 2019 - discharge of stormwater into ash ponds at
power plants that actively produce CCRs is prohibited
Dec 31, 2018 – all power plants shall convert to dry fly ash
disposal
Dec 31. 2019 – all power plants shall convert to dry bottom
ash disposal
Coal Ash Contacts

Ed Mussler – permitting branch head
 919.707.8281
 ed.mussler@ncdenr.gov

Larry Frost – permitting engineer
 828.296.4704
 larry.frost@ncdenr.gov

Elizabeth Werner – permitting hydrogeologist
 919.707.8253
 elizabeth.werner@ncdenr.gov
Questions?
Elizabeth S Werner
Permitting Hydrogeologist
Raleigh Central Office – Green Square
919.707.8253
elizabeth.werner@ncdenr.gov