ere we go again! As a result of the 2024 election, the environmental regulations pendulum will swing from the far left to the far right; at least it seems. Through regulations, which some have considered excessive, transforming our energy system away from fossil fuels has been the main driver over the Obama/Biden years with a brief break during Trump 1.0.
Putting aside arguments about the pace of energy transformation that is needed, the clean-up process must be completed before any real transformation can occur. Parsing out the clean-up EPA Coal Combustion Residual (CCR) regulations from the other regulations that affect fossil-fuel power plants it is clear to see that through these rules contaminated or “problem” sites are being identified regardless of their active/inactive status.
So despite the swing of the environmental regulations pendulum, the risk of not properly cleaning up problem sites, which are known by all stakeholders, is still paramount to the success of the energy transformation. This “management political change” creates an opportunity for all stakeholders to get this mass CCR clean-up project reset with actions not lawsuits.
Final Rule – Legacy Coal Combustion Residuals Surface Impoundments and CCR Management Units
CCR regulations were recently expanded with the passage of the “Legacy Rule”. This rule establishes criteria for inactive surface impoundments at inactive electric utilities, referred to as “legacy CCR surface impoundments” but that were not covered by the original CCR rules that passed in 2015. The rule also addresses areas at all “Covered Facilities” where CCR was received, placed, or otherwise managed on land outside of regulated CCR units, referred to as “CCR management units.”
This latest CCR regulations was an attempt to plug large loopholes in the original 2015 rule.
About the Legacy Rule;
- The Rule doesn’t always mean mass excavation and off-site disposal. ($$$)
- The Rule attempts to clarify definitions which has created some regulatory uncertainly, especially with state regulators.
- The Rule has nothing to do with closing coal power plants, but instead the clean-up of decades long improper long-term CCR storage.
It is hard to predict whether this rule will survive, but if you apply what all stakeholders have learned over the years, everyone would agree that the latest Legacy CCR rule attempts to clarify a massive CLEANUP PROJECT. Sites that have existing groundwater contamination should be held accountable. Contamination is contamination and the government can’t legislate this away and all stakeholders knows this RISK.
All Stakeholders Know Who Are The Problem Sites
Internal stakeholders, such as utility environmental departments, engineering consultants, lawyers all know that either doing nothing (fighting in courts) or closing ash basins with cap-in-place while having groundwater impacts creates a RISK.
External stakeholders, such as state regulators understand the RISK when they rubber-stamped permits to cap-in-place basins with groundwater impacts. Some of these state departments’ decisions are based on a shared interpretation of “infiltration” in the 2015 CCR Rule. What, they don’t have phones to call the EPA and ask, “What do you mean by “infiltration”?” They knew the RISK.
The simple and consistent way to mitigate all RISK for all stakeholders is to RESET, agree on a middle-path, and then execute on that decision.
Creativity, ingenuity, and innovation is the answer to find a middle-path, but it takes all stakeholders to embrace change.
There still is an opportunity; A half glass full approach.
THE AGE OF COMPROMISE
Presumably as the energy transition slows down by deregulation of certain fossil-fuel power plants affecting rules could means more time to fix the clean-up problem. The hope is that all stakeholders will develop a middle path and agree to fix the problem.
Environmental groups should go beyond just the old, outdated battle cry; “NIMBY Not in My Back Yard” and realize that a lot of the coal ash is going to remain on-site and fight for tighter on-site controls (safer storage) instead of “swinging for the fence” and trying to get all the coal ash removed and shipped somewhere else. – “SEBY Somebody Else’s Back Yard”
Utilities need to reset their coal ash strategies and focus on solutions that can be adopted by all stakeholders. Utility companies have established methods and infrastructure with adequate manpower and resources to handle their legacy CCR issues. But as new methods come to the market to deal with CCR more efficiently — yes, it happens — Utilities find themselves calcified, too set in its ways. (“This is how we’ve always done it.”)
EnCAP-IT provides the tools to leapfrog past the evolving regulations and provide all stakeholders, especially the Utilities, with three key strategies that can drive success.
❶Apply Pull–Through Method of Regulatory Approval
❷Adhere to the KISS Principle of Strategy
❸Prepare Yourself with the Right Tools
- safeBERM® Construction Method to Create Bi-Directional Hydrostatic Barrier
- safeSTORAGE® Construction Method to Maximize Capacity for Coal Ash Beneficiation Storage
- safeBERM® Construction Method to Strengthen a Sloped Structure
- safeBERM® Construction Method to Create Flood Control Prevention
- safeSTORAGE® Construction Method to Reduce Ash Basin Retrofit Footprint
- safeBERM® Construction Method to Expand Landfill Capacity
EXCAVATE
SAFELY STORE
