Proposed CCR Legacy Rule – Making Sense from Chaos

Will Mattingly, Stantec
Charla Barnes, Stantec

Description

The proposed CCR Legacy Rule poses numerous challenges and constraints related to implementation and compliance. While the proposed aggressive compliance schedule is daunting, utility owners can set themselves up for success and reduce unwanted surprises by performing low risk, desktop level activities prior to the CCR Legacy Rule promulgation. In addition to the anticipated schedule constraints, there are other obvious challenges related to potential unit interpretations, beneficial use, closure standards, asset repurposing, availability of engineering consultants, certified drillers, laboratories, and qualified reviewers and the lack of consideration of risk. These challenges are known industry-wide and are dependent on requirements to be provided in the EPA’s Final Legacy Rule. This presentation will discuss activities that are within a utility owner’s power to control including: • Creation and implementation of a programmatic approach to create efficiencies, consistency, and risk mitigation across a fleet of Legacy Surface Impoundments and CCR Management Units (CCRMUs); • Compliance strategies beyond Legacy Surface Impoundments and CCRMUs; • Consideration for differences in implementation between active and inactive fossil plants; • Preliminary closure strategy socialization; • Engagement with state regulators; • Template and guidance document development; • Desktop data review; and • Gap assessments. Consideration of these factors early drives success for implementing the CCR Legacy Rule.

 
May 14th, 2:30 PM May 14th, 3:00 PM

Proposed CCR Legacy Rule – Making Sense from Chaos

Grand Rapids, Michigan

The proposed CCR Legacy Rule poses numerous challenges and constraints related to implementation and compliance. While the proposed aggressive compliance schedule is daunting, utility owners can set themselves up for success and reduce unwanted surprises by performing low risk, desktop level activities prior to the CCR Legacy Rule promulgation. In addition to the anticipated schedule constraints, there are other obvious challenges related to potential unit interpretations, beneficial use, closure standards, asset repurposing, availability of engineering consultants, certified drillers, laboratories, and qualified reviewers and the lack of consideration of risk. These challenges are known industry-wide and are dependent on requirements to be provided in the EPA’s Final Legacy Rule. This presentation will discuss activities that are within a utility owner’s power to control including: • Creation and implementation of a programmatic approach to create efficiencies, consistency, and risk mitigation across a fleet of Legacy Surface Impoundments and CCR Management Units (CCRMUs); • Compliance strategies beyond Legacy Surface Impoundments and CCRMUs; • Consideration for differences in implementation between active and inactive fossil plants; • Preliminary closure strategy socialization; • Engagement with state regulators; • Template and guidance document development; • Desktop data review; and • Gap assessments. Consideration of these factors early drives success for implementing the CCR Legacy Rule.