U.S. EPA – Tribal Consultation Process 

Rulemaking Process to Revise the Rulemaking Process to Revise the

Steam Electric Power Generating Effluent Guid

March 28 2012March 28, 2012
Purpose of the Meeting

3⁄4 Provide information about the development of propo

revisions to the steam electric effluent limitations gurevisions to the steam electric effluent limitations gu

and standards (ELGs)

3⁄4 Discuss how revisions to the ELGs ma

y affect tribes

3⁄4 Review the ways that tribes can provide input to the 

rulemaking process

S
Background

3⁄4 Effluent Limitations Guidelines (ELGs)

– National standards that establish the maximum quantity of pollu

National standards that establish the maximum quantity of pollu

wastewater discharges to surface water and municipal sewage trplants

– Required by the Clean Water Act; developed on an industry-by-

– Represent pollutant reductions that are economically achievable 

industry using the best available technology.

3⁄4 History

– Power plants are Power plants are one of the top one of the top polluting industry sectors to w

polluting industry sectors to w

U.S. 

– Current regulations fail to control the pollutants causing enviro

impacts

• Large source of toxic metals (mercury selenium arsenic e

Large source of toxic metals (mercury, selenium, arsenic, e

– Steam Electric ELGs were last updated 30 years ago and have 

with changes in the industry

• Development of new technologies for generating electric po

coal gasification) coal gasification)

• The implementation of air pollution controls which have al

or created new wastewater streams

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Environmental and Human Health Conc

3⁄4Environmental Concerns

– I tt d t d f t Impac

ts 

to groun

d wa

ter an

d sur

face wa

t

e

r

– Contaminated sediments and drinking water– Fish mortality & non-lethal effects (e.g., altered populations)– Bioaccumulation in aquatic organisms Bioaccumulation in aquatic organisms– Fish advisories

3⁄4 Documented impacts:

– Polluted surface water

 Belews Lake – entire fish community damaged

– Contaminated sediments downstream of ash ponds sediments downstream of ash ponds– Sites where birds have elevated levels of mercury, selenium 

metals

– Ash pond contamination of groundwater and drinking wate

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Scope of Rulemaking – Wastestream

• Flue gas desulfurization (FGD) wastewater• Sluiced fly ash• Sluiced bottom ash Sluiced bottom ash• Leachate from coal ash (CCR) ponds/landfills• Sluiced mercury (Hg) control waste• Gasification process discharges

Stack

Fabric

Filter Boiler (Furnace)

Fly Ash

ESP or

Fabric

Filter

FGD

ACI

Hg Control Waste

Bottom Ash FGDWaste

Sluiced Fly

Ash

Sluiced

Hg Control

Wastes

Fly Ash

Groundwater

Ash Pond 

Sluiced Bottom Ash

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Groundwater

ACI:Activated carbon injection
Potential Affected Power Plants within Proxim

Tribal Lands

Facilities on Tribal Lands

F ilit N T ib l L d

• Coal fired/petcoke fuel plants that have wastestreams under consid

Facility Name

Trib

al Lan

d

J.E. Corette Treatment Plant Crow ReservationFour Corners Steam Electric Station Navajo Nation ReservationHugo Choctaw OTSAFlint Creek Power Plant Cherokee OTSAGRDA Cherokee OTSAMuskogee Generating Station Cherokee OTSASooner Power Plant Otoe-Missouria OTSAMayo Electric Generating Plant Sappony SDTSAW H Weatherspoon Steam Electric Plant Lumbee SDTSA

Facilities within 10 miles of Tribal Lands

Facility Name Tribal Land

George Neal North Winnebago ReservationBoswell Energy Center Leech Lake Reservation

V ll P Pl t V

all

ey Power Plant F t C t P t t i Off Forest County P

otawatomi Off-R ti 

Reservation 

Presque Isle Power Plant Sault Sainte Marie Off-Reservation Trust LaShiras Sault Sainte Marie Off-Reservation Trust LaSan Juan Generation Plant Station Navajo Nation Off-Reservation Trust LandInnerstate Power & Light/Lansing Generating Station Ho-Chunk Nation Off-Reservation Trust LaBrame Energy Center Clifton Choctaw SDTSA

Roxboro Steam Plant Sappony SDTSAC R Huntley Generating Station Cayuga Nation TDSA

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FGD/Ash/Leachate Discharges on Tribal Land
FGD/Ash/Leachate Discharges within 10 mile

Tribal Lands

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How Could Steam Electric ELG Revisions Affect Trib

**Potential Topics for Discussion are included in Enclosure II of the coninvitation. Please see Appendix A.**

• Does your tribe play any role in the ownership or operation of any plant located on or near your tribe’s land? If so, please elaborate.• How does your tribe use the waterbody to which the plant near you discharges? Drinking water source, recreational, etc? • Are you aware of any negative consequences on the uses described due to the plant’s current discharge?• How might those uses change if the water contains less pollutants? • How man

y y py y p of 

your members are em

plo

yed b

y a steam electric 

pow

plant?

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Opportunities for Tribes to Provide 

3⁄4 Tribal consultation process

• August 2011 conference calls August 2011 conference calls

–National Tribal Caucus–National Tribal Water Council 

• T d ’ f ll T

o

day’s con

ference call

• Deadline for providing written input: April 17, 2

3⁄4 Public comment period for the proposed rule3⁄4 Other opportunities for dialogue

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EPA Contact

Jezebele Alicea-VirellaEPA Office of WaterPhone #: 202-566-1755E-mail: ali j b l @ licea.jezebele@epa.govWebsite: http://water.epa.gov/scitech/wastetech/guide/steam_in

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APPENDIX A – Potential Topics for Dis

• Does your Tribe have a coal-fired, oil-fired or petroleum coke-fired steam electric power pla

Tribal lands or nearby?

• If so, please provide the name of the power plant and the plant’s owner. 

• Is your Tribe an owner of the plant? If so, what is the Tribe’s percent ownership?

• Does your Tribe have an oversight role of the power plant? If so, please describe what role 

• Does the power plant discharge to a nearby river, stream, lake or reservoir?• Does the Tribe use the waterbody? For what purposes? Fishing, ceremonial purposes, recre

livestock watering, drinking water source, etc.

• Does your Tribe have ground water drinking water wells in the vicinity of the power plant? 

wells and how many Tribal members do these serve for drinking water? 

• Has your Tribe conducted any monitoring of the river, stream, lake or reservoir into which t

di h ? sc

harges

?

• Does the Tribe have its own water quality standards program? If so can you describe which 

standards apply to the water body that the power plant discharges into?

• Has the Tribe measured water quality in the water body to determine if violations of Tribal w

standards or other criteria have occurred? standards or other criteria have occurred?

• Has the Tribe conducted any groundwater monitoring to determine whether the ground wate

water standards or if contamination of the groundwater has occurred? 

• Is the power plant a source of employment for members of the Tribe? If so, please estimate 

members employed.

A

members employed.

• Please describe any other manner in which the power plant affects your Tribe.