Implementing the Final CCR Legacy Rule

Robert Glazier, Geosyntec Consultants, Inc.
Martha Thomsen, Baker Botts LLP
John Seymour, Geosyntec Consultants, Inc.
Victor Modeer, Vistra

Description

Implementing the Final CCR Legacy Rule Authors Mr. Robert Glazier - United States - Geosyntec Consultants, Inc. Mrs. Martha Thomsen - United States - Baker Botts LLP Mr. John Seymour - United States - Geosyntec Consultants, Inc. Mr. Victor Modeer - United States - Vistra Abstract Inactive surface impoundments at inactive power stations (legacy units) were exempt from the 2015 Federal Coal Combustion Residuals (CCR) Rule. In August 2018, the U.S. Court of Appeals for the D.C. District vacated and remanded that exemption back to the U.S. Environmental Protection Agency (USEPA). On October 14, 2020, USEPA published an Advance Notice of Proposed Rulemaking (ANPR) and subsequently received 15,170 comments. On May 18, 2023, USEPA published the draft rule for public comment and received over 120 sets of comments. For the first time in the proposed rule, EPA proposed expanding the CCR Rule to include coal combustion management units (CCRMUs). The Final Legacy Rule is targeted for publication in May 2024. In addition, EPA sent a NODA related to this rulemaking for OMB review in October 2023. There are several common themes among industry’s concerns with the proposed rule, including unrealistic deadlines, closure constraints and operational impacts, and substantial retroactive requirements applied to long-closed units. These legal and technical themes will be reviewed by the panel with the benefit of additional deliberation after the short 30-day public comment deadline. Strategies for compliance in the short term while industry potentially litigates the final rule will also be discussed.

 
May 14th, 1:00 PM May 14th, 3:00 PM

Implementing the Final CCR Legacy Rule

Grand Rapids, Michigan

Implementing the Final CCR Legacy Rule Authors Mr. Robert Glazier - United States - Geosyntec Consultants, Inc. Mrs. Martha Thomsen - United States - Baker Botts LLP Mr. John Seymour - United States - Geosyntec Consultants, Inc. Mr. Victor Modeer - United States - Vistra Abstract Inactive surface impoundments at inactive power stations (legacy units) were exempt from the 2015 Federal Coal Combustion Residuals (CCR) Rule. In August 2018, the U.S. Court of Appeals for the D.C. District vacated and remanded that exemption back to the U.S. Environmental Protection Agency (USEPA). On October 14, 2020, USEPA published an Advance Notice of Proposed Rulemaking (ANPR) and subsequently received 15,170 comments. On May 18, 2023, USEPA published the draft rule for public comment and received over 120 sets of comments. For the first time in the proposed rule, EPA proposed expanding the CCR Rule to include coal combustion management units (CCRMUs). The Final Legacy Rule is targeted for publication in May 2024. In addition, EPA sent a NODA related to this rulemaking for OMB review in October 2023. There are several common themes among industry’s concerns with the proposed rule, including unrealistic deadlines, closure constraints and operational impacts, and substantial retroactive requirements applied to long-closed units. These legal and technical themes will be reviewed by the panel with the benefit of additional deliberation after the short 30-day public comment deadline. Strategies for compliance in the short term while industry potentially litigates the final rule will also be discussed.