NC Department of Environment and Natural Resources, Division of Waste Management (DWM) Comments

Transcription

1 NC Department of Environment and Natural Resources, Division of Waste Management (DWM) Comments Comments on Alleged and Established Damage Cases in EPA s Region 4, Based on Testimonies at the Proposed CCR Management Rule Public Hearings (Knoxville, TN; Arlington, VA; Charlotte, NC; and Louisville, KY), August-October 2010 Testimony 15 K 537 Rocky Mount, Edgecombe County, NC Citizens from Princeville, NC, evacuated in the wake of Hurricane Floyd flooding, were temporarily resettled (through FEMA, as well as the Edgecombe County and State agencies) in Rocky Mount, NC, w/o being informed that their trailers were located near a former coal ash landfill. The landfill became exposed after Hurricane Floyd community was concerned about the risks. FEMA, Edgecombe County, and NC state authorities declined to address the community s concerns DWM Comments: Testimony refers to the Fountain Industrial Park Structural Fill (CCB0019). The Fountain Industrial Park coal ash structural fill was properly closed with suitable soil cover between 1992 and However, coal ash has been exposed in some areas of the Fountain Trailer Park due to erosion and placement of temporary housing. The Department of Health and Human Services (DHHS) responded to a request to perform a risk assessment by conducting soil sampling at eight locations on July 26, The results were compared to USEPA Region 9 Preliminary Remediation Goals (PRG). None of the eight soil samples exceeded the PRG levels. The areas of exposed coal ash were covered with new suitable soil by the NC Division of Emergency Management. Testimony 1C Duke Energy s Dan River Steam Station, Stokes County, Eden, NC Two unlined (High-Hazard potential) coal ash ponds, as well as one unlined coal ash landfill. Voluntary GW monitoring since 1993 has detected onsite levels of Cr, Fe, Pb, Mn, Ag and sulfate that exceed state GW standards and Federal maximum primary and secondary MCLs DWM Comments: Testimony erroneously refers to an unlined coal ash landfill at this site. An asbestos landfill is on this site which closed in All active coal combustion residual landfills are lined facilities. Site is in Rockingham County, not Stokes County. Testimony 2C 20, 21, , 161, 190, 261 Duke Energy s Belews Creek Power Station, Stokes County, NC Going back to the 1970s, Se from coal ash ponds poisoned lake killing 16 of the 20 resident fish species in Belews Lake, a cooling water reservoir and the recipient of ash pond discharge water. Several landfills leak and contaminate GW well above safe levels.

2 Cited in Coal Combustion Waste Damage Case Assessments (2007; #11) as a proven (ecologic) damage case. Fish advisory rescinded in 2000, and Plant stopped wet handling. New complaint addresses leaking from landfills. DWM Comments: Belews Creek has three permitted industrial (coal ash) landfills. All three have separate groundwater, surface water and leachate monitoring systems. All three are currently under detection monitoring, i.e. facility submits semi-annual groundwater monitoring reports. DWM is evaluating the groundwater issues and moving towards assessment monitoring for all three landfills. Letters requesting submittal of a groundwater assessment work plan were sent 11/9/11 to all three landfills. Landfill Details: Permit No Pine Hall Road Ash Landfill o Inactive closed December 2007 o Unlined o Original Permit to Construct (PTC) issued in December 1984, unlined o Approximately 120 in height o Synthetic cap plus 24 (18 and 6) of soil and drainage layer o Approximately ½ mile from surface water o Phase 1 expansion permitted 2003, unlined w/ synthetic closure cap system o Groundwater exceedances forced landfill to stop receiving ash o Synthetic cap system covering entire unlined landfill (original and Phase 1 expansion) completed in Dec 2008 o Monitoring System 13 groundwater wells MW-1, MW-1D, MW-2, MW-3, MW-4, MW-5, MW-6, MW-7, MW2-7, MW2-9, OB-4, OB-5, OB-9 2 surface water locations SW-1, SW-2 MW-3 and MW-1D background wells o Exceedances arsenic, boron, iron, manganese, nitrate, selenium, sulfate o Facility under detection monitoring submit semi-annual groundwater monitoring reports o Letter requesting facility to submit a groundwater assessment work plan on 11/9/11 Permit No Craig Road Landfill o Active o Started receiving waste February 12, 2008 o Lined landfill with leachate collection system o 3 Phases total gross volume 8,633,613 o Permitted to receive coal ash, wastewater treatment sludge by-products and off-spec gypsum o Overall height of the landfill is approximately 100 feet

3 o Approximately 500 from surface waters o Permit to operate for Phase 1 issued November 2007 Phase 1 consists of 31 acres, 1,921,420 cubic yards of gross volume, 1,276 tons per day and estimated life expectancy of 3 years (plus) o Phases 2 and 3 not yet permitted (no construction) Phases 2 and 3 will consist of 6,712,193 cubic yards of gross volume 59.4 acres o Monitoring System 10 groundwater wells CRW-1, CRW-2, CRW-3, CRW-4, CRW-5, CRW-6, CRW-7, CRW-8, CRW-9, CRW-10 5 surface water locations CRS-1, CRS-2, CRS-3, CRS-4, CRS-5 CRW-10 background well 2 leachate monitoring locations o Exceedances iron and manganese o Facility under detection monitoring submit semi-annual groundwater monitoring reports o Letter requesting facility to submit a groundwater assessment work plan on 11/9/11 Permit No FGD Residual Landfill o Active o Lined landfill with leachate collection system o Permitted to receive flue gas de-sulfurization by products and wastewater treatment clarifier sludge generated by the Belews plant o Landfill is approximately 500 from surface waters o Permit to operate for Phase 1 issued January 2008 Phase 1 consists of 22.6 acres, 1,500,000 cubic yards of total gross volume, 1,600,000 tons, and estimated life expectancy of 5 years approximately 100 in height o Monitoring System 12 groundwater wells BC-20, BC-21, BC-22, BC-23A, BC-25, BC-26, BC-27, BC-28, BC-29, BC-30, BC-31 1 surface water location SW-1 BC-23A and BC-28 background wells 1 leachate monitoring location o Exceedances iron and manganese o Facility under detection monitoring submit semi-annual groundwater monitoring reports o Letter requesting facility to submit a groundwater assessment work plan on 11/9/11 Comments on State of Failure: How States Fail to Protect Our Health and Drinking Water from Toxic Coal Ash, August 17, 2011 DWM Comments: Table 2 State-by-State Failure to Impose Basic Safeguards at Coal Ash Dumps, page 8

4 Table displays a NO under Require groundwater monitoring at all new and existing landfills (Column 3). This is incorrect. DWM under rule 15A NCAC 13B.0503(2)(d) requires a solid waste management facility to comply with the NC 15A NCAC 2L Standards. In addition, rule 15A NCAC 13B.0601 requires groundwater monitoring at all solid waste management facilities. Comments on Out of Control: Mounting Damages from Coal Ash Waste Sites, February 24, DWM Comments: Document refers to ReUse Technology, Inc./Full Circle Solutions, Inc./Swift Creek Structural Fill Page 46 The statement that the coal ash was from six NC and VA power plants is incorrect. The coal ash was generated by Cogentrix plants located in Battleboro, Elizabethtown and Lumberton, NC (3 NC plants) and in Richmond, VA (1 VA plant) Page 46 The stated groundwater sampling data from July 2004 was from June 2004, not July. Page 46 The stated groundwater sampling results from January 2008 was from 2009, not 2008 Page 46 Rule 15A NCAC 13B.1700 (Structural Fill Rule) does not require groundwater monitoring at structural fill sites. Full Circle Solutions had to install monitoring wells because of other rule violations. Page 47 DWM does not approve CCB structural fills, they are issued a notification. The SWS only gets involved when violations occur at the issued notification site. Page 48 The stated site inspection on February 1997 where ash dust had reportedly accumulated on a neighbor s property occurred in 2002, not Comments on Critique of State Programs Docket ID No-EPA-HQ-RCRA Comments from EarthJustice, Environmental Integrity Project, Sierra Club, Natural Resource Defense Council, Southern Alliance for Clean Energy, Southern Environmental Law Center, Physicians for Social Responsibility DWM Comments: Table 2 Is Groundwater Monitoring Mandatory at CCR Landfills? (page 23) Table states NC is one of the 5 states to leave this question to the discretion of state regulators. DWM requires groundwater monitoring under NC Rule 15A NCAC 13B.0503(2)(d). This rule states that operators of industrial landfills must ensure that the groundwater standards established under 15A NCAC 2L will not be exceeded at the compliance boundary. In order to accomplish this, facilities are required to follow NC Rule 15A NCAC 13B.0601, which details the requirements of groundwater monitoring. Table 4 Is Quarterly Monitoring Required at CCR Landfills? (page 27)

5 Table states NC is one of the 8 states that have no groundwater monitoring requirements whatsoever. This statement is false. See comment above. Initially, industrial landfill operators are required to monitor semi-annually. If an exceedance of the 2L Standards occurs beyond the compliance boundary, then the facility is required to monitor quarterly. Table 6 Are a Minimum of Three Downgradient Wells and One Upgradient Well Required at CCR Landfills? (page 28) NC does not require a minimum number of groundwater monitoring wells. The number of wells is determined on a case by case basis, but typically there are more than three downgradient wells and at least one upgradient well. Table 23 Is 30 Years of Post-Closure Groundwater Monitoring Required for CCR Landfills? (page 36) The NC General Statues 130A lists the requirements for post-closure care, which is typically 30 years. Table 25 Is Groundwater Monitoring Mandatory at CCR Landfills? (page 39) The table says No for NC and left to the discretion of state regulators. DWM does require groundwater monitoring. Rule 15A NCAC 13B.0503(2)(d) states operators of industrial landfills must ensure that the groundwater standards established under 15A NCAC 2L shall not be exceeded at the compliance boundary. In order to accomplish this, facilities have to follow NC Rule 15A NCAC 13B.0601, which details the requirements for groundwater monitoring. Table 29 Onsite groundwater data exceeding Federal Primary Maximum Contaminant Levels (MCLs) or RCRA open dumping MCLs (page 56) NC follows the groundwater standards established by NC Administrative Code 15A Subchapter 2L. The MCLs for the constituents listed within table 29 for the NC facilities are the same as 2L. NC Division of Water Quality (DWQ) Comments Comments on Alleged and Established Damage Cases in EPA s Region 4, Based on Testimonies at the Proposed CCR Management Rule Public Hearings (Knoxville, TN; Arlington, VA; Charlotte, NC; and Louisville, KY), August-October K French Broad River, Arden Progress Energy Plant, NC Coal ash is polluting groundwater Yes, the North Carolina Division of Water Quality (DWQ) is aware of issues related to groundwater standard exceedances associated with coal ash ponds at the Asheville facility.

6 The coal ash ponds at the Progress Energy Asheville Steam Electric Plant are regulated under NPDES permit NC Since 2007, this facility has been submitting groundwater monitoring data associated with their coal ash ponds to the Division of Water Quality (DWQ), Aquifer Protection Section (APS). This data was submitted as a result of a utility-wide voluntary groundwater monitoring program. In reviewing this data, APS determined there were groundwater standard exceedances, but also noted that the standard exceedances were primarily from monitoring wells inside the Compliance Boundary [the Compliance Boundary, by State Rules, is required at a specified horizontal distance from the outer perimeter of the ash pond at or beyond which groundwater standards must not be exceeded]. In addition, no adjustments were made for background or naturally occurring concentrations, which may be applicable to several of these exceedances. Has the state taken any action to look into and/or verify facts of the Although corrective action has not been required based on the voluntary monitoring data, in December 2009 DWQ sent a letter to the utility companies with ash pond facilities directing them to place wells at their Compliance Boundaries. This placement of wells would help the DWQ determine if any groundwater standard exceedances had occurred. In response to DWQ s request, Progress Energy installed groundwater monitoring wells at the Compliance Boundary in September Currently DWQ has an approved groundwater monitoring plan for this facility that will be included in the permit upon renewal. Future planned actions include evaluating groundwater monitoring data that is being submitted for the new wells to determine compliance with the groundwater quality standards. Any additional action that may be required would be in accordance with State Rules 15A NCAC 2L.0106(d) that address corrective action. 4K Catawba River, Asheville plant, NC River contamination, GW pollution, and threat to the recreation and tourism industries due to Duke Energy and Progress Energy plants effluents Yes, the North Carolina Division of Water Quality (DWQ) is aware of issues related to groundwater standard exceedances associated with coal ash ponds at the Asheville facility. The coal ash ponds at the Progress Energy Asheville Steam Electric Plant are regulated under NPDES permit NC Since 2007, this facility has been submitting groundwater monitoring data associated with their coal ash ponds to the Division of Water Quality (DWQ), Aquifer Protection Section (APS). This data was submitted as a result of a utility-wide voluntary groundwater monitoring program. In reviewing this data, APS determined there were groundwater standard exceedances, but also noted that the standard exceedances were primarily from monitoring wells inside the Compliance Boundary [the

7 Compliance Boundary, by State Rules, is required at a specified horizontal distance from the outer perimeter of the ash pond at or beyond which groundwater standards must not be exceeded]. In addition, no adjustments were made for background or naturally occurring concentrations, which may be applicable to several of these exceedances. Has the state taken any action to look into and/or verify facts of the Although corrective action has not been required based on the voluntary monitoring data, in December 2009 DWQ sent a letter to the utility companies with ash pond facilities directing them to place wells at their Compliance Boundaries. This placement of wells would help the DWQ determine if any groundwater standard exceedances had occurred. In response to DWQ s request, Progress Energy installed groundwater monitoring wells at the Compliance Boundary in September Currently DWQ has an approved groundwater monitoring plan for this facility that will be included in the permit upon renewal. Future planned actions include evaluating groundwater monitoring data that is being submitted for the new wells to determine compliance with the groundwater quality standards. Any additional action that may be required would be in accordance with State Rules 15A NCAC 2L.0106(d) that address corrective action. 1C Duke Energy s Dan River Steam Station, Stokes County, Eden, NC Two unlined (High-Hazard potential) coal ash ponds, as well as one unlined coal ash landfill. Voluntary GW monitoring since 1993 has detected onsite levels of Cr, Fe, Pb, Mn, Ag and sulfate that exceed state GW standards and Federal maximum primary and secondary MCLs. Yes, the North Carolina Division of Water Quality (DWQ) is aware of issues related to groundwater standard exceedances associated with coal ash ponds at the Dan River facility. The coal ash ponds at the Duke Energy Dan River Steam Station are regulated under NPDES permit NC This facility was required in their 1989 permit to install wells around the ash pond and implement a groundwater monitoring program. The monitoring program was approved in In addition, since 2006 this facility has submitted groundwater monitoring data as a result of a utility-wide voluntary groundwater monitoring program. In reviewing all data for groundwater monitoring, APS determined there were groundwater standard exceedances, but also noted that the standard exceedances were primarily from monitoring wells inside the Compliance Boundary [the Compliance Boundary, by State Rules, is required at a specified horizontal distance from the outer perimeter of the ash pond at or beyond which groundwater standards must not be exceeded]. In addition, no adjustments were made for

8 background or naturally occurring concentrations, which may be applicable to several of these exceedances. Has the state taken any action to look into and/or verify facts of the Although corrective action has not been required based on the voluntary monitoring data, in December 2009 DWQ sent a letter to the utility companies with ash pond facilities directing them to place wells at their Compliance Boundaries. This placement of wells would help the DWQ determine if any groundwater standard exceedances had occurred. In response to DWQ s request, Progress Energy installed groundwater monitoring wells at the Compliance Boundary in February The DWQ has approved a 2011 groundwater monitoring plan for this facility that will be included in the permit upon renewal. Future planned actions include evaluating groundwater monitoring data that is being submitted for the new wells to determine compliance with the groundwater quality standards. Any additional action that may be required would be in accordance with State Rules 15A NCAC 2L.0106(d) that address corrective action. 2C Duke Energy s Belews Creek Power Station, Stokes County, NC Going back to the 1970s, Se from coal ash ponds poisoned lake killing 16 of the 20 resident fish species in Belews Lake, a cooling water reservoir and the recipient of ash pond discharge water Yes Has the state taken any action to look into and/or verify facts of the The last NPDES permit for this facility, Duke Energy Belews Steam Station (NC ), became effective March 9, After the facility completed a change to dry ash handling in the 90s, the Se concentration in Belews Lake significantly decreased and fish consumption advisories were removed in Since that date, the fisheries have recovered and the Belews Lake was removed from the 303 (d) list of impaired water bodies. NA

9 4C Duke Energy s Riverbend Steam Plant, Mt Holly, Mecklenburg County, NC Excessive amounts of arsenic are in the discharge from two, high-hazard potential unlined ash ponds to the Mountain Island Lake. The ponds occupy 69 acres, are deep, and go back to The Catawba River and the Lake are the drinking water source of ¾ million people, including 80% of Charlotte s water. Because the Lake is also used extensively for recreation, concerned about bioaccumulation of metals in fish. Yes. Has the state taken any action to look into and/or verify facts of the The last NPDES permit for this facility, Duke Energy Riverbend Steam Station (NC ), became effective on March 1, The permit requires Quarterly discharge monitoring for Se, and fish tissue sampling for Se (once every 5 years). During the period 2000 through 2008 between 32 and 39 samples were collected at stations B and C and analyzed for parameters of concern. None of them exceeded water quality standards or EPA criteria at these two stations, and most of the values were below detection. Selenium, arsenic, and mercury concentrations were measured in common carp, sunfish, and bass collected by electrofishing in July ( ) at Locations A, B, C, and G. Trace element concentrations from this period remained well below values of regulatory concern. The Reasonable Potential Analysis was conducted in 2010 and was based on the DMR data from 2005 through DMR data indicates that the maximum As value in the discharge is μg/l This analysis indicates that the allowable As concentration is 3,045 μg/l. Due to the high dilution in the receiving stream, concentration of As in the discharge is well within legally allowable levels. The facility has an extensive surface water monitoring program in the Mountain Island Lake. Monitoring is conducted at 7 stations. The nearest stations are B (upstream) and C (downstream), which are located approximately 0.5 mile from the discharge. The parameters monitored are: Total alkalinity, TP, Al, K, Total Recoverable As, Se, Ba, sediment Se, Total recoverable Cd, Silica (as Si), Ca, Ag, Total Organic Nitrogen, Na, Cl, Total Solids, Total Recoverable Cr, TSS, Dissolved Cu, Sulfate, Total Recoverable Cu, Turbidity, Total Recoverable Fe, Zn, Total Recoverable Pb, Mg, Mn, Ammonia Nitrogen, Nitrate + Nitrate Nitrogen, Total Kjeldahl Nitrogen, Ni, Orthophosphate Phosphorus. The facility is scheduled to be retired in 2015.

10 4C Duke Energy s Riverbend Steam Plant, Mt Holly, Mecklenburg County, NC Duke s own data documents groundwater contamination Yes, the North Carolina Division of Water Quality (DWQ) is aware of issues related to groundwater standard exceedances associated with coal ash ponds at the Riverbend facility. The coal ash ponds at the Duke Energy Riverbend Steam Plant are regulated under NPDES permit NC Since 2008, this facility has been submitting groundwater monitoring data associated with their coal ash ponds to the Division of Water Quality (DWQ), Aquifer Protection Section (APS). This data was submitted as a result of a utility-wide voluntary groundwater monitoring program. In reviewing this data, APS determined there were groundwater standard exceedances, but also noted that the standard exceedances were primarily from monitoring wells inside the Compliance Boundary [the Compliance Boundary, by State Rules, is required at a specified horizontal distance from the outer perimeter of the ash pond at or beyond which groundwater standards must not be exceeded]. In addition, no adjustments were made for background or naturally occurring concentrations, which may be applicable to several of these exceedances. Has the state taken any action to look into and/or verify facts of the Although corrective action has not been required based on the voluntary monitoring data, in December 2009 DWQ sent a letter to the utility companies with ash pond facilities directing them to place wells at their Compliance Boundaries. This placement of wells would help the DWQ determine if any groundwater standard exceedances had occurred. In response to DWQ s request, Progress Energy installed groundwater monitoring wells at the Compliance Boundary in November Currently DWQ has an approved groundwater monitoring plan for this facility that was included in the permit upon renewal March 1, Future planned actions include evaluating groundwater monitoring data that is being submitted for the new wells to determine compliance with the groundwater quality standards. Any additional action that may be required would be in accordance with State Rules 15A NCAC 2L.0106(d) that address corrective action. 4C Duke Energy s Riverbend Steam Plant, Mt Holly, Mecklenburg County, NC Three years ago Duke dredged out the ponds, generating much fugitive dust that impacted the Stonewater development. The ash was heaped in a large, unmonitored mound beside the

11 Horseshoe Bend Beach Road, the only access to the peninsula. It is a source of fugitive dust (ash accumulating on cars, houses), and presumably of leaching to groundwater, which potentially risks many of the peninsula residents drinking water wells. DWQ was not aware of the concern. Has the state taken any action to look into and/or verify facts of the DWQ was not aware of the concern so no action was taken. DWQ is currently looking into the concern to see if any action is needed. DWQ is currently looking into the concern to see if any action is needed. 8C Progress Energy, Asheville (Arden), NC Drinking water wells with 116 exceedances of state GW drinking water standards. North Carolina Division of Water Quality (DWQ) is aware of issues related to groundwater standard exceedances in monitoring wells associated with coal ash ponds at the Asheville facility but is not aware of any standard exceedances in drinking water wells. The coal ash ponds at the Progress Energy Asheville Steam Electric Plant are regulated under NPDES permit NC Since 2007, this facility has been submitting groundwater monitoring data associated with their coal ash ponds to the Division of Water Quality (DWQ), Aquifer Protection Section (APS). This data was submitted as a result of a utility-wide voluntary groundwater monitoring program. In reviewing this data, APS determined there were groundwater standard exceedances, but also noted that the standard exceedances were primarily from monitoring wells inside the Compliance Boundary [the Compliance Boundary, by State Rules, is required at a specified horizontal distance from the outer perimeter of the ash pond at or beyond which groundwater standards must not be exceeded]. In addition, no adjustments were made for background or naturally occurring concentrations, which may be applicable to several of these exceedances. Has the state taken any action to look into and/or verify facts of the Although corrective action has not been required based on the voluntary monitoring data, in December 2009 DWQ sent a letter to the utility companies with ash pond facilities directing them to place wells at

12 their Compliance Boundaries. This placement of wells would help the DWQ determine if any groundwater standard exceedances had occurred. In response to DWQ s request, Progress Energy installed groundwater monitoring wells at the Compliance Boundary in September Currently DWQ has an approved groundwater monitoring plan for this facility that will be included in the permit upon renewal. Future planned actions include evaluating groundwater monitoring data that is being submitted for the new wells to determine compliance with the groundwater quality standards. Any additional action that may be required would be in accordance with State Rules 15A NCAC 2L.0106(d) that address corrective action. 8C Progress Energy, Asheville (Arden), NC State permit to discharge SIs into the French Broad River results in arsenic in River water at discharge point x18 human health standards of NC; in sediments (258 ppm), x80 the natural soil background. Fish in French Broad River have high levels of Se. Yes Has the state taken any action to look into and/or verify facts of the The last NPDES permit for this facility, Progress Energy Asheville Steam Electric Plant (NC ), became effective on November 1, The facility has conducted monthly effluent sampling of As. The reasonable Potential Analysis was conducted in 2010 and was based on the DMR effluent data from 2007 through DMR data indicates that the maximum As value in the discharge is 233 μg/l. This analysis indicates that the allowable As concentration is 3,571 μg/l. Due to the high dilution in the receiving stream, concentration of As in the discharge is well within legally allowable levels. The permit requires annual fish tissue sampling for Se. The last sampling was conducted in The latest report was submitted by the Progress Energy in According to the report: Fish were collected from three locations of the French Broad River. These locations were adjacent to the Asheville Plant discharge (Station DI), 6.2 kilometers upstream (Station UP) and 10.8 kilometers downstream of the discharge (Station DN).

13 The target species were black bass (primarily smallmouth bass), sunfish (redbreast/bluegill) and black redhorse. Occasionally when smallmouth bass were not available, largemouth bass and/or rock bass were also collected (Stations UP and DI) as supplemental target species. As recommended by the U.S. Environmental Protection Agency (EPA) an attempt was made to limit the smallest fish to 75% of the largest fish total length by species depending on availability (U.S. EPA 1995). Most fish were considered to have low selenium tissue concentrations at all stations except for two redbreast sunfish (4.1 and 6.6 μg/g fresh weight) collected from Station DI. However, based on the majority of fish collected during 2010 and on historical sampling at this station, no significant trend of selenium accumulation was indicated in fish due to the power plant discharge. All fish collected were below the North Carolina human consumption advisory level of 10 μg/g (fresh weight) for selenium. No shifts in selenium concentrations in fish populations from preoperation to post-operation of the Asheville FGD system (December of 2005) have occurred. The facility will continue fish tissue monitoring. 9C Progress Energy Sutton Steam Plant, NC Two unlined SIs next to the main branch of the Cape Fear River, with a combined capacity of 555 million gallon, leaking As, B, Mn and Fe to groundwater. Plume spread 500 away from SIs. Yes, the North Carolina Division of Water Quality (DWQ) is aware of issues related to groundwater standard exceedances associated with coal ash ponds at the Sutton facility. The Progress Energy Sutton Steam Plant s current NPDES permit NC (effective January 1, 2007) includes groundwater monitoring requirements. This facility has submitted permit-required groundwater monitoring data to DWQ since In addition to the permit-required monitoring, this facility has been submitting groundwater monitoring data for additional parameters as a result of a utilitywide voluntary groundwater monitoring program since Due to groundwater standard exceedances found, in March 2009 the facility submitted to DWQ an initial (Phase I) groundwater quality assessment plan. Groundwater standard exceedances, including As, B, Mn, and Fe, were reported. Has the state taken any action to look into and/or verify facts of the DWQ approved a Phase I groundwater quality assessment plan in January The initial assessment was completed and findings were submitted to DWQ in February DWQ approved a work plan for the second phase (Phase II) of the ash pond investigation in June The approved plan for the second

14 phase includes the installation of 13 new monitoring wells. The new well installation is expected to be completed in September 2011 after which well sampling and other testing will begin. Once the monitoring wells are sampled and other tests completed, findings will be submitted to DWQ along with a proposed plan for corrective action. Based on those findings, DWQ will approve a course of corrective action that will proceed in accordance with State Rules 15A NCAC 2L.0106(d).