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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Effluent

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Effluent UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Effluent Limitations Guidelines and Standards for the Steam Electric Power Generating Point Source Category; Docket ID No. Proposed Rule EPA–HQ–OW– 2009–0819; EPA–HQ–RCRA–2013–0209 78 Fed. Reg. 34,432 (June 7, 2013) COMMENTS OF ENVIRONMENTAL INTEGRITY PROJECT, SIERRA CLUB, EARTHJUSTICE, WATERKEEPER ALLIANCE, TENNESSEE CLEAN WATER NETWORK, WESTERN NORTH CAROLINA ALLIANCE, CLEAN AIR TASK FORCE, CHESAPEAKE CLIMATE ACTION NETWORK, CLEAN WATER ACTION, APPALACHIAN VOICES, ENVIRONMENTAL LAW & POLICY CENTER, ALLIANCE FOR THE GREAT LAKES, CONSERVATION LAW FOUNDATION, NATURAL RESOURCES DEFENSE COUNCIL, LABADIE ENVIRONMENTAL ORGANIZATION, AND VALLEY WATCH Submitted electronically via regulations.gov to: EPA-HQ-OW-2009-0819 Submitted on behalf of the commenters listed above by: Casey Roberts Thomas Cmar Sierra Club Environmental Law Program Matthew Gerhart 85 Second Street, 2nd Floor Lisa Evans San Francisco, CA 94105 Earthjustice (415) 977-5710 156 William Street, Suite 800 [email protected] New York, NY 10038 (212) 845-7387 Jennifer Duggan [email protected] Environmental Integrity Project [email protected] One Thomas Circle, Suite 900 [email protected] Washington, DC 20005 (802) 225-6774 [email protected] TABLE OF CONTENTS EXECUTIVE SUMMARY ........................................................................................................... vi I. BACKGROUND .................................................................................................................1 A. Coal-burning power plants are the largest industrial source of toxic water pollution based on toxicity and volume. ..................................................................1 B. The toxic substances in coal-burning power plant wastewaters pose a risk to public health and the environment. ......................................................................2 C. Due to decades of regulatory delay and state failure to control toxic discharges in the absence of federal standards, coal-burning power plant pollution has remained largely unchecked for more than thirty years. ....................9 D. EPA must finalize ELGs that reflect state-of-the-art technologies and protect public health and the environment by May 22, 2014. ...............................11 II. LEGAL FRAMEWORK ...................................................................................................12 A. The best available technology is the most stringent pollution control that is available and economically achievable. .................................................................13 B. Effluent limitations guidelines cannot exempt discharges of existing waste. .....................................................................................................................16 C. Effluent limitations must require compliance within three years of promulgation of the final rule. ...............................................................................17 III. BEST AVAILABLE TECHNOLOGY DETERMINATION FOR FLUE GAS DESULFURIZATION WASTEWATER ..........................................................................18 A. Chemical precipitation plus mechanical evaporation is BAT for FGD wastewater. .............................................................................................................18 B. Chemical precipitation plus biological treatment is a second-best alternative for FGD. ...............................................................................................29 C. Chemical precipitation is not BAT for FGD waste. ..............................................40 D. BPJ determination is an inadequate substitute for BAT-based ELGs. ..................41 E. BAT-based limits must apply to all coal-burning power plants with wet FGD systems. .........................................................................................................44 IV. DRY ASH HANDLING IS BAT FOR FLY ASH TRANSPORT WATER. ....................48 i A. Eliminating the discharge of fly ash transport water is technologically achievable. .............................................................................................................48 B. The electric power industry can afford the technologies that would eliminate the discharge of fly ash transport water. ................................................49 C. None of the other BAT factors weighs against determining that dry handling is BAT for fly ash transport water. .........................................................51 V. BAT FOR BOTTOM ASH TRANSPORT WATER IS ZERO DISCHARGE. ...............52 A. Eliminating the discharge of bottom ash transport water is technologically achievable. .............................................................................................................53 B. Eliminating the discharge of bottom ash transport water is economically achievable. .............................................................................................................54 C. The other BAT factors do not alter the conclusion that BAT limits should be based on the use of zero discharge systems. .....................................................59 D. Setting less stringent BAT limits for units less than 400 MW is unsupported by the record. .....................................................................................60 VI. EPA FAILED TO CONSIDER CHEMICAL PRECIPITATION FOLLOWED BY MECHANICAL EVAPORATION AS BAT FOR COMBUSTION RESIDUAL LEACHATE. AT A MINIMUM, BAT FOR COMBUSTION RESIDUAL LEACHATE IS CHEMICAL PRECIPITATION FOLLOWED BY BIOLOGICAL TREATMENT FOR ALL PLANTS. .......................................................64 A. EPA underestimated loadings from combustion residual leachate. .......................65 B. Coal combustion residual leachate has significant, adverse impacts on public health and the environment. ........................................................................68 C. Combustion residual leachate has similar characteristics to FGD wastewaters. ...........................................................................................................68 D. EPA failed to consider chemical precipitation plus evaporation as BAT for combustion residual leachate. ................................................................................70 E. At a minimum, chemical precipitation plus biological treatment is BAT for leachate at all plants. ........................................................................................70 F. In the alternative, chemical precipitation is BAT for leachate. .............................75 G. Setting BAT limits based on an impoundment is not supported by the record. ....................................................................................................................75 ii H. The rule should clarify that discharges to groundwater with a hydrogeological connection to surface water without a permit is prohibited by the Clean Water Act. .........................................................................................76 VII. BAT FOR FLUE GAS MERCURY CONTROL, GASIFICATION, AND NONCHEMICAL METAL CLEANING WASTEWATERS. ..........................................77 A. Flue gas mercury control wastewater. ...................................................................77 B. Gasification wastewater. ........................................................................................78 C. Nonchemical metal cleaning wastes. .....................................................................79 VIII. BADCT FOR NEW SOURCES IS OPTION 5. ................................................................81 IX. THE COST OF OPTIONS 4 AND 5 CAN BE REASONABLY BORNE BY THE INDUSTRY...............................................................................................................84 A. The record demonstrates that the cost of Options 4 and 5 can be reasonably borne by the industry. ..........................................................................85 B. The Clean Water Act prohibits EPA from basing BAT limitations on cost- benefit analysis. ......................................................................................................89 X. BEST MANAGEMENT PRACTICES (BMPS) FOR CONSTRUCTION, OPERATION AND MAINTENANCE OF CCR SURFACE IMPOUNDMENTS MUST ESTABLISH TIMELY AND ENFORCEABLE MINIMUM STANDARDS....................................................................................................................94 A. The CWA authorizes BMPs to control releases of toxic or hazardous pollutants from CCR surface impoundments. ........................................................94 B. The BMPs for CCR surface impoundments must incorporate all the requirements set forth in the regulations promulgated for coal slurry impoundments by the Mine Safety and Health Administration (MSHA) at 30 C.F.R. § 77.216. ................................................................................................96 C. EPA must include additional requirements in the BMPs for CCR surface impoundments. .......................................................................................................96 D. EPA must require specific BMPs in NPDES permits to provide for public participation in the substance of the conditions, ensure enforceability, and guarantee protection of human health and the environment. .................................97 E. EPA must ensure that BMPs for CCR surface impoundments are implemented as soon as
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