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December 22, 2009 In late November 2009, as part of ASTSWMO’s work to ga ther and convey information about State coal combustion waste (CCW) requirements, we asked a sampling of States the following questions:

1. Has your CCW regulatory program been improved since 2000?

2. Has groundwater monitoring been installed at ex isting coal fired utilities in your States that previously did not have groundwater monitoring?

Along with the State responses that we received in November – December 2009, we also referred back to a survey of State coal com bustion waste management practices that ASTSWMO conducted in February 2009 (Phase I CCW Survey) for in formation relevant to the first question.



### 1. Has your CCW regulatory progra m been improved since 2000?

a. Responses from a Sampling of States in late November 2009:

GA: GA EPD's regulatory program for hand ling CCW has not chan ged since 2000. The regulations in place for handlin g industrial waste are the same as they were in 2000.

ID: Idaho DEQ does not have a regulatory prog ram specific to CCW. Idaho’s Solid Waste Management Rules that would appl y to CCW were revised in 2003.

IL: Although the regulations for CCW landfills and surface impoundments have not been substantially modified since 2000, the way CCW is managed at many Illinois sites has substantially improved over the years. Si nce the early 1990’s, new ash ponds have been required to be lined and groundwater monitori ng wells have been installed at many of these new ash impoundments. There are also older ash impoundments at many of these facilities. An inventory of power plan ts with ash impoundments permitted by the

Illinois EPA under the National Pollution Di scharge Elimination System (NPDES) permit program has been completed. There are 24 power plants in Illinois with a total of 83 ash impoundments. Table 1 below indicates the number of impoundments which are active, which have low permeability liners, and which have groundwater monitoring.

Total Impoundments Active Impoundments Inactive Impoundments Lined Impoundments Impoundments w/ Groundwater

Monitoring

83 68 15 31 28

Table 1. Number of impoundm ents that are active, have low permeability liners, and groundwater monitoring systems.

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December 22, 2009 IA: Yes, IAC 567 Chapter 103 was amended on 10-31-07 to provide criteria for establishing financial assurance for closure, postclosure and corrective action.

MT: Attempts to remove the statutory exempt ion in the Solid Waste Management Act for electrical generating facilities disposing of their own waste on their own property failed in 2005 and 2007. Legislation will be proposed again for the 2011 Montana biennial

session.

OH: No significant changes in the regu latory program have occurred since 2000.

PA: Yes. Currently, the recommendations by the NAS have been adopted by policy for CCW use at permitted mining activity sites and at abandoned coal mine sites. In addition, PA has proposed amendments to its regulations on beneficial use of coal ash to adopt the

NAS recommendations.

SC: NPDES permit program is consistent wi th EPA requirements. The landfill regulations were revised in May 2008 to include financial assurance for closure and post-closure of

Class 2 and 3 LFs.

VA: No significant regulatory improvements h ave occurred to the CCW program since 2000.

b. Responses from the ASTSWMO Phase I CCW Survey Conducted in February 2009

In ASTSWMO’s February 2009 survey, we asked Stat es if they were consid ering changes to their current regulations for CCW. At the time, 15 State respondents indicated they were considering changes:

CO, FL, IN, IA, KS, KY, MD, MN, MS, MT, NY, NC, OH, PA, VA

Although the survey did not specifically ask what impact the EPA's proposed regulation of coal ash disposal will have on those plans, it is fair to assume that at least some States will not embark on the resource intensive process of revising regulations until it is clear what kind of federal mandate will be imposed.

Another survey question asked when the last chan ges to a State’s existing regulations for CCW were made. In addition to the States which resp onded to (a.) above, these States indicated that changes to regulations covering CCW had been made since 2000:

AZ: Aquifer Protection Permit (APP) Pr ogram rules last revised November 2005.

DE: The last minor revisions to the DE regulat ions governing solid waste became effective December 21, 2007.

KS: Minor changes have been made to land fill regulations within the last 5 years.

LA: Regulations updated in 2007.

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December 22, 2009 MD: 2008.

MS: Current regulations have been in place since April 2005.

ND: Modifications in 2009.

TN: Amended in 2008.

WA: Current regulation: 2003.

WV: Last amended: March 2006.

WI: Last revised: January 2006.



### 2. Has groundwater monitoring been installed at existing coal fired utilities in your States that previously did not ha ve groundwater monitoring?

Responses from a Sampling of States in late November 2009:

GA: Yes, some of the ponds that were storing wet CCW have been filled and the closure of the ponds has come under the Rules fo r Solid Waste Management and EPD has requested groundwater monitoring be installed around these closed ponds.

ID: Idaho does not have any coal fired utilities.

IL: In April of 2009 Illinois EPA Bureau of Water (BOW) requested ten facilities (i.e., facilities located in areas with a high potential for aquifer recharge and with existing and future potable uses) under a modified BOW permit to install a groundwater monitoring well system, and implement a monitoring program. These programs were requested at 10 facilities which lacked groundwater monitoring systems. Additionally, 5 facilities (i.e., located in areas with low potential for aqui fer recharge and existing and future potable uses in the area) were requested to assess the potential for contaminant migration at their respective sites.

IN: Yes – Gibson Generating Station has re cently installed monitoring wells around ash ponds.

IA: For those coal fired utilities which have a permitted CCR landfill(s), each is required to maintain a ground water monitoring system. The IDNR does not currently regulate the storage of coal ash in wet surface impoundments.

MT: Ground water monitoring is required at 6 of the 7 permitted facilities and will be evaluated at the remaining facility when that permit is renewed. Ground water monitoring and the regulatory program suppo rting them have been in place since 1982.

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December 22, 2009 NC: Groundwater monitoring was installed wh en landfills were originally permitted, although additional wells may be added duri ng the life of the landfill or at time of closure per review of the monitoring plan, facility, etc.

OH: Some existing surface impoundments have been required to install ground water monitoring.

PA: The utilities are not required to moni tor groundwater around the power plants. However, if the utility operates a disposal im poundment or landfill, they are required to monitor the groundwater.

SC: Yes. In addition, all landfills have had groundwater monitoring systems.