BIOS and ABSTRACTS – JANUARY 13-14, 2010

January 13

JOSHUA R. MORE – SCHIFF HARDIN

BIO: Joshua More is a partner in Schiff Hardin LLP's Environmental Law Group.  He concentrates his practice in environmental and natural resources law and litigation, representation companies in the electric, gas, and manufacturing industrials.  He advises clients regarding compliance with federal, state and local environmental laws.  He regularly counsels clients on the management of coal combustion by-products and the closure and management of ash surface impoundments.

ABSTRACT: Compliance Issues with the Proposed CCR RCRA Rule and a Case Study of Closure of an Unlined CCR Impoundment

On May 4, 2010, USEPA issued a proposal to regulate Coal Combustion Residue (CCR) under the Resource Conservation and Recovery Act.  The proposal consists of two regulatory options: (1) regulating the material as a “special waste” under Subtitle C or (2) as a solid waste under Subtitle D.  Under Subtitle C, CCRs would be regulated as a “special waste” and most of the hazardous waste requirements would apply to CCRs – including generation, transportation, and storage requirements.  Under Subtitle D, CCRs would be regulated as a solid waste and only the disposal of CCRs would be regulated.  The CCR landfill engineering/technical requirements of the two proposals are very similar; the differences are primarily in how the proposals will be enforced and implemented.   

The second part of this presentation describes how working with state regulators a utility was able to close an unlined surface impoundment.  Like most states, surface impoundments in Illinois are regulated under groundwater quality rules.  These rules provide for protection of groundwater quality and do not specifically address design or closure standards for surface impoundments.  The Illinois Environmental Protection Agency initially proposed to regulate the closure of surface impoundments under the landfill rules.  However, the landfill rules were promulgated after many of the CCR impoundments in Illinois were built, specifically exclude surface impoundments and include numerous design criteria that are impractical for surface impoundments.  Therefore, the utility and its legal team, supported by technical analyses from its environmental consulting team, worked with the state to develop a set of site-specific rules governing closure of a CCR impoundment.  The site specific rule has become the model for closing CCR impoundments in the State of Illinois.

January 14

GARY D. MOONEY – CLYDE BERGEMANN DELTA DUCON

BIO:

• 34 years experience designing and selling ash handling systems
• Bachelor of Science Degree in Engineering from Brown University     
• Masters of Science Degree in Engineering from Drexel University
• Masters Degree in Business Administration from Temple University
• Past Chairman of the Steam Generators & Related Auxiliaries Committee of the Power Division of ASME
• Co-author of several primers, textbooks, papers and brochures           on Ash Handling Systems.

ABSTRACT: “Bottom Ash Conversion Options for Ash Pond Removal”

As an Ash Handling Systems OEM, Clyde Bergemann Delta Ducon, CBDD, offers four (4) viable bottom ash systems and solutions that can be retrofitted to existing power plants desiring or being required to remove an ash pond.  Two systems involve replacement of the existing equipment under the boiler while two more retain the existing boiler island equipment and divert the ash slurry to new dewatering equipment.

ARI LEWIS – GRADIENT

BIO: Ari Lewis is an Environmental Toxicologist and the manager of the Toxicology team at Gradient, an environmental consulting company (http://www.gradientcorp.com/).  Ari has extensive expertise in toxicology and risk assessment that allows her to manage a variety of projects, including site-specific risk assessment, regulatory comment, product safety evaluation, and litigation support.  She has particular expertise in the risk assessment of coal combustion residues (CCRs) and the trace metals contained in CCRs.  In this capacity, Ari has published and presented extensively on the health risks of CCR constituents, as well as provided direct input to US EPA on CCR regulatory issues.  Ari can be contacted by email at alewis@gradientcorp.com or by phone at (508) 224-2907.

ABSTRACT: Human Health Risk Assessment and the Regulation of Coal Combustion Residues (CCRs)

In support of the Proposed Rule to regulate CCRs, US EPA has published several assessments on the potential human and ecological risks associated with various coal ash disposal practices.  This presentation will discuss the role of human health risk assessment in the rule-making process, including how risk assessment information was used in the cost-benefit analysis to distinguish among different regulatory options.  Also, in light of changing (but as yet unknown) regulations, this presentation will address how human health risk analysis will be important to address future safety concerns associated with disposal and beneficial use of CCRs, and the importance of emerging toxicological assessments of the chemical constituents in CCRs (e.g., arsenic, cobalt, chromium).