CCR Regulations Drive Uncertainty for Beneficial Use Projects Past and Present.pdf

Susan Jackson, Haley & Aldrich Inc.
Martha Thomsen, Baker Botts LLP
Dawn Santoianni, Haley & Aldrich Inc.

Description

CCR Regulations Drive Uncertainty for Beneficial Use Projects Past and Present Authors Ms. Susan Jackson - United States - Haley & Aldrich Inc. Mrs. Martha Thomsen - United States - Baker Botts LLP Ms. Dawn Santoianni - United States - Haley & Aldrich Inc. Abstract EPA’s recent position on beneficial use (BU) in proposed Part A and Part B decisions, as well as the agency’s policy positions and proposed changes to the CCR regulations articulated in the agency’s Proposed Legacy Rule, have created uncertainty and concern for utilities and ash marketers. Understanding how the agency distinguishes between legitimate BU projects versus CCR management units (CCRMUs) or disposals under the Proposed Legacy Rule and Part A and B decisions is crucial to assessing risk when engaging in BU, as is understanding how the BU-related criteria may change moving forward. The Legacy rule docket contains significant comments on the potential impact the Rule, and CCRMU component in particular, could have on BU projects, including but not limited to structural fill projects. With EPA’s release in November 2023 of a new notice of data availability related to CCRMU-related risks and a draft risk assessment, the policy discussion continues. Given the current and prospective regulatory upheaval, continuing to track and engage in CCR regulatory developments and taking steps to assess portfolio risk may be appropriate responses for utilities and ash marketers. This presentation will discuss how Part A and B decisions, the Legacy Rule, and other CCR actions and litigations are impacting BU markets and utilities’ environmental, social, and governance (ESG) disclosures. Risk management techniques for historic fill and beneficial use projects will be discussed, and how BU is being addressed in sustainability reports and financial disclosures will be examined. The focus of this presentation will be on recent rulemakings, public perception, shareholder expectations, and the legal background that underlies these emerging regulatory issues.

 
May 15th, 2:00 PM May 15th, 2:30 PM

CCR Regulations Drive Uncertainty for Beneficial Use Projects Past and Present.pdf

Grand Rapids, Michigan

CCR Regulations Drive Uncertainty for Beneficial Use Projects Past and Present Authors Ms. Susan Jackson - United States - Haley & Aldrich Inc. Mrs. Martha Thomsen - United States - Baker Botts LLP Ms. Dawn Santoianni - United States - Haley & Aldrich Inc. Abstract EPA’s recent position on beneficial use (BU) in proposed Part A and Part B decisions, as well as the agency’s policy positions and proposed changes to the CCR regulations articulated in the agency’s Proposed Legacy Rule, have created uncertainty and concern for utilities and ash marketers. Understanding how the agency distinguishes between legitimate BU projects versus CCR management units (CCRMUs) or disposals under the Proposed Legacy Rule and Part A and B decisions is crucial to assessing risk when engaging in BU, as is understanding how the BU-related criteria may change moving forward. The Legacy rule docket contains significant comments on the potential impact the Rule, and CCRMU component in particular, could have on BU projects, including but not limited to structural fill projects. With EPA’s release in November 2023 of a new notice of data availability related to CCRMU-related risks and a draft risk assessment, the policy discussion continues. Given the current and prospective regulatory upheaval, continuing to track and engage in CCR regulatory developments and taking steps to assess portfolio risk may be appropriate responses for utilities and ash marketers. This presentation will discuss how Part A and B decisions, the Legacy Rule, and other CCR actions and litigations are impacting BU markets and utilities’ environmental, social, and governance (ESG) disclosures. Risk management techniques for historic fill and beneficial use projects will be discussed, and how BU is being addressed in sustainability reports and financial disclosures will be examined. The focus of this presentation will be on recent rulemakings, public perception, shareholder expectations, and the legal background that underlies these emerging regulatory issues.