Combined Timelines for CCR and ELG for Steam Electric Power Sector
During a recent webinar, the question was raised, what is the combined time line for the Coal Combustion Residual Rule and the Effluent Guidelines for the Stream Electric Power Sector. It seemed an easy question, but the answer was not ready at my finger tips. The underlying question really asks when do current impoundments and landfills of fly ash, bottom ash and FGD scrubber sludge become subject to new regulatory requirements, whether based upon waste or water regulation and law? The quick answer is highlighted below which shows that by late October and early November, 2018 the new regulatory regime for CCR and its effluent begins in earnest.
April 17, 2015 – CCR rule published in the Federal Register.
October 19, 2015 – CCR rule became effective but does not apply to inactive CCR landfills that have ceased receiving CCR prior to October 19, 2015. This is the date set for defining new or expanded CCR landfills and New or expanded CCR surface impoundments.
November 3, 2015 – ELG rule published in Federal Register, but becomes effective.
November 17, 2015 – Date upon which a new sources are defined for EGL rule. The new EGL established a second definition for “new” for the 2015 NSPS. Any new source as of November 17, 2015, must achieve the new standards when it is issued a new permit.
January 4, 2016 – ELG rule becomes effective.
October 17, 2018 – Compliance demonstration date for existing CCR surface impoundments and existing CCR landfills (prior to this date studies of aquifers and engineering measures are to be conducted).
November 1, 2018 – For new sources, November 1, 2018 is the compliance date for the ELG. For existing sources this is the date after which compliance with new ELG limits may be imposed by the state on existing plants, but no later than December 31, 2023. . If wastewater (e.g. from retired impoundments or retired landfills) is generated prior to this date, it is legacy wastewater and will not be subject to zero discharge effluent limit and instead is subject to TSS limits. Wastewater generated after this date is subject to the ELG compliance range of 11/1/2018 – 12/31/2023 which is zero discharge for transport water for flyash, bottom ash, FGD.
April 19, 2019 – Inactive CCR surface impoundments to complete closure to avoid coverage under new criteria. Active CCR impoundments and landfills to finalize location demonstration (placement above the uppermost aquifer) and complete demonstrations for wetlands, fault areas, seismic impact zones, and unstable areas.
December 31, 2023 – Final compliance date with ELGs for existing sources.