Office of Resource Conservation and Recovery (ORCR) meeting with 

the Large Public Power Council (LPPC)

10/19/2010

Attendees

Name Affiliation

Jay Hudson Santee Cooper/LPPC

Mitch Bernstein Van Ness Feldman/LPPC

Janet Anderson Van Ness Feldman/LPPC

Brian Moeck Platte River Power Authority

Ron Asche Nebraska Public Power District

Margaret Guerriero US EPA/OSWER/ORCR

Suzanne Rudzinski US EPA/OSWER/ORCR

Steve Souders US EPA/OSWER/ORCR

LPPC is an organization of 24 of the nation’s largest locally owned not-for-profit electric power 

systems.

LPPC member companies generate electricity from solar, wind, landfill methane, hydroelectric 

plants, and fossil fuels.

LPPC member companies are committed to complying with environmental protection 

requirements.

LPPC members store coal ash dry in landfills and wet in impoundments. Some only store ash 

dry in landfills.

In the past, up to 95% of Santee Cooper’s ash was sold for beneficial uses (cement, concrete, 

wallboard). Less ash is currently being sold due to economic conditions.

LPPC members prefer the Subtitle D option over Subtitle C and the subprime D option over the 

Subtitle D option.

LPPC members are concerned about stigma under a Subtitle C option. Subtitle C will suppress 

the beneficial use market for ash and depress ash prices.

Santee Cooper already seeing the effects of stigma with competing product used in lightweight 

masonry blocks.

ORCR: It would be useful to EPA if industry would provide data regarding stigma rather than 

anecdotal information.
Nebraska Public Power District (NPPD) does not sell their ash since they use low-sulfur coal 

which does not provide ash with the properties desired for many beneficial uses. NPPD stores 

ash in landfills. All new landfills are lined and have leachate collection systems.

Platte River Power Authority sends ash to a surface impoundment (SI). The ash is later removed 

from the SI and stored in a landfill.

Combined effects of all EPA rules (air, water, solid waste) for electric utilities will have a 

significant impact on utilities. All these EPA rules will make decision making difficult with 

respect to whether to comply or stop generating electricity. Air requirements will require NPPD 

to expend $1.2 billion for new scrubber equipment.

RCRA section 3005J will result in all SIs being closed regardless of whether there are 

environmental concerns. SIs that pose no risk will also be closed.

EPA’s record of damages from releases from SIs (3% of the 584 SIs) does not warrant 

retrofitting or closing all SIs.

It is unfair to judge state programs that were developed without a Subtitle D framework from 

EPA. States should be given an opportunity to develop regulations with the proposed Subtitle D 

framework and show that they can adequately implement and enforce their regulations.

If EPA chooses the Subtitle C option, there should be a variance provision to allow operators an 

opportunity to demonstrate that existing SIs are environmentally protective and retrofitting or 

closing is not necessary. Many SIs constructed between 1985 and 1995 have had no 

environmental impact.

Subtitle C provides seven years for the closure of SIs– five years to operate and two years to 

close. Subtitle D provides five years for the closure of SIs. Assuming two years for closure, 

Subtitle D provides three years to operate. Three years is not adequate time to permit a new 

disposal unit. There needs to be flexibility.

ORCR: Would financial assurance be a viable option to address potential problems from SIs that 

aren’t retrofitted?

LPPC: Financial assurance would be difficult to obtain under the current economic climate.