Legacy Rule Implementation Deadlines

Lucas Carr, Ramboll
Eric Tlachac, Ramboll
Brian Hennings, Ramboll

Description

Legacy Rule Implementation Deadlines: Examining the Agency vs. Industry Disconnect Authors Mr. Lucas Carr - United States - Ramboll Mr. Eric Tlachac - United States - Ramboll Mr. Brian Hennings - United States - Ramboll Abstract In May of 2023 the United States Environmental Protection Agency (USEPA) published a proposed draft expansion of the 2015 CCR Rule (40 C.F.R. Part 257, Subpart D) that would effectively remove the exemption of legacy CCR units. These units are broadly defined as CCR impoundments and landfills located at power stations that had closed prior to October 15, 2015, inactive landfills at operating power stations, or CCR units that did not fit the 2015 rule definitions of a surface impoundment or landfill. The proposed expansion of the CCR rule drew widespread attention from CCR stakeholders, including electric utilities, consultants, contractors, non-governmental agencies, and other groups, who collectively issued over 33,500 comments on the draft rule expansion. One of the primary themes in the comments were the aggressive compliance deadlines for legacy CCR surface impoundments. These deadlines were both significantly more aggressive than deadlines in the 2015 rule and, as noted by numerous commentors, did not consider the current market availability and backlog of drilling contractors, testing laboratories, engineering professionals, groundwater professionals, and consultants to complete the work. This presentation will examine the current state of the broader engineering and consulting industry in terms of backlog relative to the deadlines proposed by USEPA. This presentation will also present an evaluation of submitted comments with focus on implementation schedules recommended by various commentors. Lastly, the presentation will provide recommendations for regulatory agencies to consider when developing compliance schedules for similar types of new or existing regulations that may require the use of engineering and groundwater professionals on a large scale.

 
May 14th, 1:30 PM May 14th, 2:00 PM

Legacy Rule Implementation Deadlines

Grand Rapids, Michigan

Legacy Rule Implementation Deadlines: Examining the Agency vs. Industry Disconnect Authors Mr. Lucas Carr - United States - Ramboll Mr. Eric Tlachac - United States - Ramboll Mr. Brian Hennings - United States - Ramboll Abstract In May of 2023 the United States Environmental Protection Agency (USEPA) published a proposed draft expansion of the 2015 CCR Rule (40 C.F.R. Part 257, Subpart D) that would effectively remove the exemption of legacy CCR units. These units are broadly defined as CCR impoundments and landfills located at power stations that had closed prior to October 15, 2015, inactive landfills at operating power stations, or CCR units that did not fit the 2015 rule definitions of a surface impoundment or landfill. The proposed expansion of the CCR rule drew widespread attention from CCR stakeholders, including electric utilities, consultants, contractors, non-governmental agencies, and other groups, who collectively issued over 33,500 comments on the draft rule expansion. One of the primary themes in the comments were the aggressive compliance deadlines for legacy CCR surface impoundments. These deadlines were both significantly more aggressive than deadlines in the 2015 rule and, as noted by numerous commentors, did not consider the current market availability and backlog of drilling contractors, testing laboratories, engineering professionals, groundwater professionals, and consultants to complete the work. This presentation will examine the current state of the broader engineering and consulting industry in terms of backlog relative to the deadlines proposed by USEPA. This presentation will also present an evaluation of submitted comments with focus on implementation schedules recommended by various commentors. Lastly, the presentation will provide recommendations for regulatory agencies to consider when developing compliance schedules for similar types of new or existing regulations that may require the use of engineering and groundwater professionals on a large scale.