TRACK A: Utility Regs, Permits & Compliance
ACCEPTING ABSTRACTS IN : Utility, Policy, Strategies & Management, Electric Utility Challenges, ACE, EPA Rules, SO2, NOx, O3, NESHAP, Turbines, CT, NSR, MACT, ACE, NEPA, Regional Haze, Visibility & Utilities, Energy Policy, PFAS, CAQS, RE, Environmental Sustainability
EUEC 2021 TRACK A PROGRAM
Angelos Kokkinos
Associate Deputy Assistant Secretary for Clean Coal and Carbon Management, Office of Fossil Energy
DOE’s Program on Carbon Capture & Storage
A1.3 TBD
“An Update on the Department of Energy’s Program on Carbon Capture, Utilization and Storage from Power Generating, Industrial Sites, and Direct Air Capture”
Abstract: Over the past two decades the Department of Energy has been working in reducing greenhouse gas emissions to address climate change. These efforts have resulted in the development of technologies, engineering tools, subterranean mapping of the US for suitable storage sites and large scale demonstrations that have shown reduction of these emissions is possible. We are at a point now that we need to accelerate the deployment of these technologies throughout our energy and industrial sector, increase the capture rates of these gases and deploying technologies that result in negative emissions. A summary of our latest efforts and our program’s goals going forward will be presented.
Angelos Kokkinos, Associate Deputy Assistant Secretary, Office of Clean Coal & Carbon Management, Office of Fossil Energy
The Transformation of Utilities
A1.1 The Transformation of Utilities
With the future being driven by a changing climate, cyber threats and the digitization of everything, utilities must transform. This is because the electric grid was built for a different purpose than what we need today. During this presentation, Terry will focus on what utilities should be doing now to be prepared for tomorrow and how ComEd has done this through innovation and smart investments.
QUESTIONS
1. How have smart grid investments impacted ComEd’s customer costs and electric reliability?
2. What is the greatest challenge ComEd has faced as the utility has worked to modernize the grid?
3. Looking to the future, what additional improvements is ComEd planning to make to the grid?
EPA Power Sector Update
A1.2 EPA Power Sector Update
This presentation will provide an overview of EPA’s current rulemaking efforts that affect the power sector, including the Revised Cross-State Air Pollution Rule Update, slated for finalization in mid-March 2021. The presentation will also provide updated information on recent EGU emissions trends and an update on developments in EPA’s modeling capabilities and tools to help sources comply with our regulations, access our data and understand and inform our analyses.
QUESTIONS
1. How have emissions changed in the power sector since 1995?
2. What resources does EPA provide to the public and stakeholders to understand emissions trends?
3. What’s the status of EPA’s effort to update its emissions monitoring and allowance software programs?
The Transitioning Electric Power Sector
A1.5 The Transitioning Electric Power Sector
This presentation will overview the many factors influencing the transitioning electric power sector, including clean air issues at the federal and state level (environmental policies and regulations, legislation and judicial decisions), evolving power generation sources and technology advances, fuels issues, energy efficiency, electrification, permitting, and more.
MODERATOR
Prabhu Dayal is Chairman of EUEC, the 24th Annual, Energy Utility Environment Conference and Expo.
EXPERIENCE:
Tucson Electric Power Company, Director of Corporate Environmental Compliance for 15 years.
El Paso Natural Gas Company, Senior Environmental Engineer for 7 years.
CTrade, Founder and CEO, an international waste-to-energy company with nine renewable energy projects developed in Philippines, and India. The Clean Development Mechanism (CDM) projects in Cebu Philippines received 60,000 CERs per year (Certified Emission Credits) under Kyoto Protocol for converting waste animal manure to organic fertilizer, biogas and electricity.
EDUCATION:
PhD, Soil, Water & Environmental Science, University of Arizona, Tucson, Arizona.
MS, Civil Engineering, University of Texas, El Paso, Texas.
MS, Management Science, Stevens Institute of Technology, New Jersey.
A2.1 Air Regulatory Challenges Facing the Nation’s Electric Cooperatives
(10 am – 10:30 am PST)
A2.1 Air Regulatory Challenges Facing the Nation's Electric Cooperatives
This session will provide a timely update on the perspectives of not-for-profit rural electric cooperatives on current air regulatory developments including NRECA’s active engagement in the ongoing efforts to implement the Affordable Clean Energy (ACE) Rule and development of a new document, Guidance on Implementing the Affordable Clean Energy Rule: Engineering, Operations and Compliance Considerations.
A2.2 Utility Adaptation in a Post-mitigation Environment
(10:30 am – 11 am PST)
A2.2 Utility Level Adaptation in a Post-mitigation Environment
The answer to the policy question “adaptation vs. mitigation” is complex and best framed by the challenges and outcomes associated with each policy action. The move to a federally driven ACE-based framework reflects a return from market driven tools and impact mitigation to the long history of command and control to balance societal needs and cost-effective adaptation at the utility level. This presentation provides: an overview of the issues of mitigation and adaptation, a historic perspective of the evolution of policy in the context of the trend in policy migration from adaptative measures to the aggressive focus on mitigation of utility-related impacts, selected historic policy-level adaptation measures used to meet previous challenges that were managed and a discussion of the emerging challenges and the application of the historic suite of measures. Lastly, this presentation considers the unique issue of sustainability of California’s management of utility-scale measures framed against the federal change in intent, particularly in the context of California industrial rate base erosion.
A2.3 Life in a Post-ACE Utility World
(11 am – 11:30 am PST)
A2.3 Life in a Post-ACE Utility World
Thoughts on what utilities with fossil generation may be facing in terms of GHG emission reduction requirements in the wake of the 2020 election and vacatur of the ACE Rule.
A2.4 Decommissioning & Demolition for Power Plants
(11:30 am – 12 pm PST)
A2.4 Planning and Implementation of Decommissioning & Demolition for Power Plants
With the impending closure of fossil fuel-fired power plants around the country due to cheaper natural gas and environmental regulations, utilities are planning for decommissioning & demolition (D&D) of these plants. The D&D process presents a unique challenge to utilities to conduct the work safely, minimizing cost and concluding with a potentially reusable site.
Planning and implementation of the D&D of these facilities requires upfront planning and coordination with utilities’ operations, environmental, security, safety, management and other stakeholders to successfully complete the project. Upfront identification of permitting issues involving waste disposal, working within a floodplain, demolition permitting, asbestos abatement and isolation of common services at the plant prior to demolition is imperative to manage project expectations and minimize change orders due to technical requirements of any required permits.
This presentation provides a description of some of the key items required to plan and implement D&D process. Several recent project examples will be summarized identifying the actual activities undertaken and the resulting lessons learned.
A2.5 Natural Gas Utility Energy Efficiency Trends
(12 pm – 12:30 pm PST)
A2.5 Natural Gas Utility Energy Efficiency Trends
This session will reveal changes in the overall natural gas energy efficiency industry in the United States over the past ten years (2010-2019) based on data from over 100 natural gas utilities and other efficiency program administrators.
The talk will highlight findings from the ‘2020 State of the Efficiency Program Industry Report’, which presents data on natural gas and electric ratepayer-funded efficiency and conservation programs to provide insights into several industry trends.
Energy efficiency can be a practical resource for individuals, communities, and states to reduce the costs of energy, provide essential energy services, improve energy reliability and resilience, boost the economy, and reduce the environmental footprint of energy use. Many natural gas utility companies have long performing efficiency programs. Based on experience and expertise, and shaped by regulatory oversight and partner engagement, natural gas utilities continue to invest in new strategies to extend energy efficiency options to customers and their communities and to accelerate progress towards realizing a clean energy future.
The report’s findings illustrate utility investment in energy efficiency and demand response programs that work with their customer’s needs of increasing cost savings while reducing emissions and simultaneously advancing other goals, such as better serving low-income communities.
Co-Author: Jayne Piepenburg, Consortium for Energy Efficiency (CEE)
QUESTIONS
1. How are the US Natural Gas Utility programs changing and adapting to the new energy needs?
2. How have the NG utilities been engaged with EE programs?
3. Are there regional differences that vary widely in NG Utility EE program spending?
A3.1 NESHAP for Stationary Combustion Turbines – Risk & Technology Review
(2 pm – 2:30 pm PST)
A3.1 Subpart YYYY – NESHAP for Stationary Combustion Turbines - Risk and Technology Review Update
The Stationary Combustion Turbine National Emissions Standard for Hazardous Air Pollutants (NESHAP), 40 CFR 63, Subpart YYYY was finalized in March 2004. A few months later, Subpart YYYY was “stayed” for several sub-categories and essentially has not be in effect since. Fast forward to 2017 when a consent decree set out a schedule for EPA to complete missed Risk and Technology Reviews (RTRs) for 20 different NESHAP categories. The Stationary Combustion Turbine NESHAP was one of the 20. This presentation will summarize the RTR process, the outcome, the “stay”, the revived delisting petition effort, and the anticipated timing and impact to stationary combustion turbine users.
QUESTIONS
1. Does subpart YYYY apply to my turbine?
2. What is the status of the delist petition?
3. Is the stay still in effect?
A3.2 Combined Cycle Gas Turbine Startup Emissions
(2:30 pm – 3 pm PST)
A3.2 Combined Cycle Gas Turbine Startup Emissions
GT combined cycle (CC) SU emissions have been categorized as ‘Cold’, ‘Warm’, and ‘Hot’, based on the number of hours since the previous shutdown, and the steam turbine rotor and/or inlet temperatures. However in reality, these categories have proven themselves to be fluid, vague and quite frankly, the wrong way to qualify CC SU emissions. Based on operational data from several large-frame (e.g. ‘F’ and ‘H’ GT), Siemens is promoting a more logical approach, based on oxidation (aka ‘CO’) and SCR catalyst temperatures, which are the true differentiators between startup types. We will present data supporting the going-forward methodology of quantifying GT CC SU as either ‘Cold’ or ‘Non-Cold’, defining each, as well as permitting strategies when estimating emissions for regulatory agencies.
A3.3 Renewable Energy Solutions to Reach Business and Sustainability Goals
(3 pm – 3:30 pm PST)
A3.3 Integrating Renewable Energy Solutions to Reach Business and Sustainability Goals
As renewable forms of energy production, like solar, become more widespread and accessible, customers are increasingly exploring these options for their energy mix and implementing sustainability standards that meet energy demands with little environmental impact. However, resource limitations such as financing and/or physical space often impede progress or halt it altogether.
With expertise in the strategic integration of innovative and sustainable energy solutions, Ben Chadwick, Executive Director of Renewables Origination at Constellation, can provide insight on the importance of adopting renewable offerings that meet sustainability benchmarks and sourcing alternative pathways while working around resource constraints.
Ben can share best practices for incorporating renewable solutions in commercial and industrial spaces that reduce overall costs, create price stability, provide resiliency and reduce carbon emissions. Based on his vast experience with renewable projects, Ben can detail how specific, customizable energy solutions can be incorporated through clear, easy-to-implement programs, and how these offerings are addressing changes within the energy industry at large.
QUESTIONS
1. What projects or initiatives is Constellation working on that exemplify the business case for integrating renewable solutions?
2. What trends are you seeing from customers around sustainability? How do you see renewables impacting the energy industry in the next five years?
3. What would you recommend professionals convey to their organizations on the value of adopting renewable solutions?
A3.4 SO2 Data Requirements Rule: It’s Not Over Yet
(3:30 pm – 4 pm PST)
A3.4 The SO2 Data Requirements Rule: It's Not Over Yet
Most initial attainment versus nonattainment designations for the 1-hour SO2 NAAQS have been completed. However, the SO2 Data Requirements Rule (DRR) also includes lesser known ongoing requirements. For areas in which AERMOD modeling served as the basis for initial designations, an annual requirement to report annual actual SO2 emissions for each source is included for reviewing agencies. Based on changes to actual emissions reported by sources, EPA could require re-modeling of an area. This presentation will provide a summary of these ongoing requirements and a discussion of the potential implications for sources previously included in DRR modeling analyses.
A3.5 Electric Utility Energy Efficiency Trends
(4 pm – 4:30 pm PST)
A3.5 Electric Utility Energy Efficiency Trends
This session will reveal changes in the overall energy efficiency industry in the United States over the past ten years (2010-2019) based on data from over 300 utilities and other efficiency program administrators operating in all 50 states, the District of Colombia, and nine Canadian provinces. This year marks the Consortium for Energy Efficiency’s (CEE’s) fifteenth consecutive data collection effort capturing efficiency budgets, expenditures, and impacts to enable assessment of overall energy trends. The talk will highlight findings from the ‘2020 State of the Efficiency Program Industry Report’, which presents data on natural gas and electric ratepayer-funded efficiency and conservation programs. This is a companion presentation to the talk from project collaborator Sapna Gheewala of the American Gas Association (AGA) on natural gas efficiency trends.
Co-Author: Sapna Gheewala, American Gas Association (AGA)
QUESTIONS
1. How has spending on energy efficiency and demand response programs changed over the past ten years?
2. Are there regional or sector-based trends in energy efficiency and demand response program spending and impact?
3. How are US electric utility programs changing and adapting to changing program goals and circumstances?
A4.5 Changes to FERC Under New Administration
(9 am – 9:30 am PST)
A4.5 Changes to FERC Under New Administration
The change in administration has resulted in the appointment of Democrat Richard Glick to be chairman of the Federal Energy Regulatory Commission. Chairman Glick has been a strong proponent of a more robust greenhouse gas and environmental justice review process in new gas transmission pipeline approvals. With President Biden expected to appoint a Democrat in July, FERC could make sweeping policy changes with respect to environmental justice and climate change. This presentation will review the potential environmental justice and climate change policy revisions at FERC, and discuss the potential implications for industry.
A4.2 The Continued Evolution of NSR Under Biden Administration
(7:30 am – 8 am PST)
A4.2 The Continued Evolution of NSR Under the Biden Administration
With the advent of the Biden administration, questions arise regarding the future of reforms to New Source Review (NSR) regulations made during the Trump administration. A number of reforms were made or initiated during the Trump administration that may or may not be retained. This presentation will review the status of NSR reforms at the end of the Trump Administration and discuss the fate of these reforms in the future.
QUESTIONS
1. What do you expect will be the focus of the new Biden EPA in regards to NSR?
2. What will happen to NSR reforms that have occurred during the Trump Administration?
3. What is the difference between source aggregation and project aggregation?
A4.3 The Continuing Harbinger of NSR to Come: Limetree Bay Terminals
(8 am – 8:30 am PST)
A4.3 The Continuing Harbinger of NSR to Come: Limetree Bay Terminals
The Limetree Bay Terminals effort to restart and recalibrate a former HOVENSA refinery in the U.S. Virgin Islands served as an early harbinger of changes in EPA’s NSR policies, including a more relaxed way of looking at “source” and “emissions unit” and abandonment of the NSR Reactivation Policy. Limetree Bay Terminals may also be a harbinger of the Biden Administration’s “environmental justice” agenda and how it could play out in NSR permitting in the future. This presentation reviews EPA Region II’s application of environmental justice principles to Limetree Bay Terminal’s plantwise applicability limit permit application, follows the application through the various steps set forth in EPA Region II’s “interim” Environmental Justice Policy, and shows how those principles and analysis translated into additional analysis and permit conditions in the final permit.
A4.4 Complying with New CEQ Regulations Using a Modified NEPA Approach
(8:30 am – 9 am PST)
A4.4 Complying with the New CEQ Regulations Using a Modified NEPA Approach
Conducting an EIS review for a power project is often affected by chronic problems with the EIS process that can result in significant delays. The reasons for these problems are inherent in the typical workflow of an EIS project. In its revised NEPA regulations, promulgated on July 15, 2020, the Council of Environmental Quality has required shortened timeframes for EIS projects and more concise documents. Other changes in the CEQ rules enhance the ability to conduct EISs more efficiently. In this presentation the author describes a modified approach for conducting future EISs that provides solutions for the chronic problems with the EIS process and enables compliance with the new CEQ requirements.
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A5.5 Solutions for Flexible Operation of Steam Generation Power Plants
A5.5 Solutions for Flexible Operation of Steam Generation Power Plants
Today, coal fired steam generators face a changing market with increased competition from low cost generation, renewables, and regulatory pressure. These market conditions are forcing utilities to operate their coal assets in a more flexible mode, including frequent starts and stops, faster ramp rates, cycling, and extended operation at the lowest possible loads. To address frequent starts and low load operation on coal fired units, available upgrades will be discussed, including, Firing Systems, Digital solutions, and Pressure Part modifications. Several case studies are included that highlight options available allowing units to stay in operation and reduce CAPEX and OPEX costs.
QUESTIONS
1. What’s driving the need for increased flexibly operation and will there be an increasing need for flexibly operation going forward?
2. What’s the best approach to understand specific unit limitations when considering flexibly operation?
3. Are you seeing interest in burning carbon free fuels such as Hydrogen?
A5.2 Litigious Issues for the Regional Haze Second Planning Period
(10:30 am – 11 am PST)
A5.2 Litigious Issues for the Regional Haze Second Planning Period
Drawing upon personal experience in more than a dozen states and company experience in all 50 states, Mr. Jewell will describe several issues that are likely to become key factors in SIP decisions and potential litigation over SIPs related to regional haze second planning period reasonable progress analyses.
A5.3 Environmental Permitting for Upgrading and Supplying RNG
(11 am – 11:30 am PST)
A5.3 Environmental Permitting for Upgrading and Supplying RNG
Renewable natural gas (RNG) projects are growing at unprecedented levels. Biogas is collected and upgraded from wastewater treatment plants, landfills, agriculture, and food processing facilities; however, each process provides unique challenges from an environmental permitting perspective. Planning for environmental permitting is a critical task early in the project timeline. Permitting requirements will affect the timeline to bring RNG to market. Strategically working through your environmental permits will result in more operational flexibility. This presentation will walk through environmental permitting options and lessons learned to optimize your RNG project.
Co-Author: Teresa Kinder, Barr Engineering
A5.4 Is EPA Making Modeling Easier?
(11:30 am – 12 pm PST)
A5.4 Is EPA Making Modeling Easier?
While EPA has made few changes in modeling guidance over the last year, there are some changes that are helpful to the modeler and the applicant. These will be reviewed. They include the final MERPS document, the definition of ambient air and decisions about modeling updates and special responses that help.
A5.1 Race to the Finish! Second Decadal Review for the Regional Haze Rule
A5.1 Race to the Finish! Second Decadal Review for the Regional Haze Rule
Activities involved with the second decadal review for the Regional Haze Rule (RHR) will be result in new State Implementation Plans (SIPs) this summer. By the time of this presentation, each state will likely have conducted the following activities:
a) they determined which sources need to conduct a 4-factor analysis to determine candidate emission controls;
b) they reviewed the 4-factor analyses (possibly with Federal Land Manager review) and worked with the sources involved to finalize these analyses;
c) they proposed the emission controls needed to fulfill the requirements of the Regional Haze Rule; and
d) they drafted their SIPs and provided those for public comment and review.
This presentation will provide advice to affected emission sources regarding how to comment on the draft SIPs. Photochemical grid modeling to determine the expected visibility benefits of candidate control options will be important. Although the modeling alone cannot be used to disqualify control options, it can be used in conjunction with the projected cost to inform the states regarding the cost-benefit effectiveness. Also, the affected sources should review the state’s activities with regard to adjustments to the natural conditions endpoint to assure that this very important endpoint is more realistic than the original endpoint used in the first decadal review.
QUESTIONS
1. What is different about the Second Decadal Review vs. the first one?
Answer: There are some good and bad changes. The good changes are adoption of lessons learned from the first review. They are a) acknowledging that some haze is uncontrollable (e.g., naturally-caused by wildfires and internationally-caused haze); b) a correction in the glide path is needed to accommodate the international haze; c) new modeling tools will help to mitigate conservative features of the tools used earlier; and d) states have more deference in their decision making. One unfortunate change is the omission of a visibility benefit as a mandatory review factor in the decision-making process.
2. What is the role of states for this review?
Answer: The states are given more deference by the 2019 RHR guidance compared to the first decadal review. This remains to be seen with the Biden EPA. Each state may change the URP to natural conditions, and may use different metrics for determining which sources to control.
3. What is the role of visibility modeling?
Answer: Photochemical grid modeling can be used to inform states about the visibility impacts of various sources, as well as revised glidepath goals. Once all states select potential additional controls, modeling can be used to inform the projected haze levels in 2028 relative to URP goals.
A6.1 No More Surprises Please! – Determining EHS Performance in 2021
(2 pm – 2:30 pm PST)
A6.1 No More Surprises Please! - Determining EHS Performance in 2021
For many years, EHS performance has been determined by outputs and results. In particular, organizations have extensively relied on the use of injury metrics like the Total Recordable Injury Rate (TRIR) to measure overall EHS performance.
Such metrics however, have significant drawbacks and limitations – often being exaggerated within low injury rate environment (e.g. TRIR < 1.5). But without a sufficiently accurate and reliable picture of performance, operating cultures can show signs of complacency and develop a false sense of security. It is not surprising then, that many organizations are completely caught off-guard when serious unplanned events continue to occur.
To compound the problem, organizations can maintain a limited field of view regarding the underlying causes of such unplanned events and despite steps being taken that may involve disciplining individuals (“A Few Rotten Apples”), such measures often add little meaningful value. Why? Because organizations fail to recognize that such things are typically symptoms of much wider organizational challenges resulting from a “casual-compliant” operating culture.
This presentation illustrates that to be able to reasonable predict future EHS performance and in turn the cost of doing business, organizations must begin to rely less on outputs and results and begin to determine compliance levels related to high-risk actions and behaviors.
QUESTIONS
1. Why do so many organizations continue to use injury metrics to determine overall performance when clearly they do not provide the whole picture?
2. Do organizations always know what their higher risk work activities are?
3. When organizations begin to better recognize the underlying causes for non-compliant actions and behaviors, are they surprised that so many are linked to the overall operating culture rather than individual errors or violations?
A6.2 Streamlining the CAA – How it can Help the New Administration
(2:30 pm – 3 pm PST)
A6.2 Streamlining the CAA - How it can Help the New Administration with its Regulatory Agenda
• President Joe Biden on Jan. 21 directed agencies to examine dozens of Trump-era rules, including carbon emissions, clean air rollbacks, and Clean Air Act rules on science and costs.
• Any bold standards Biden has in mind to stem emissions from industry through the Clean Air Act will almost certainly get challenged in court.
• The cycle of rulemakings followed by years-long lawsuits is a signal that the Clean Air Act needs to be amended to give the President more direct authority.
• President Biden may have to choose between innovative actions or traditional “nuts and bolts” regulation under the statute in order to avoid defeat in a conservative Supreme Court skeptical of broad EPA powers.
• Likely a lot harder to do more flexible, ambitious and innovative programs under these older laws because a conservative SCOTUS may be predisposed to overrule such programs.
• This proposal advances an alternate solution of simplification and modernization of the CAA.
• The current CAA is a virtual field of landmines set to disrupt new, more flexible, ambitious and innovative programs.
• The complexity of the 1970, 1977 and 1990 versions of the CAA make challenge of new control programs easy.
The current watch list of air issues on Biden’s agenda are:
• Power Plant Carbon Rules
• Clean Air Act Analysis
• ‘Once In, Always In’
• National Ambient Air Quality Standards
• Methane
QUESTIONS
1. Will the “New” CAA reduce the amount of pollution controlled?
Answer: No. Emission reductions have averaged nationwide about 1.5% per year since the 1970 CAA. Additionally, GHGs emission controls are being added to the “New” CAA.
2. Will the “New” CAA reduce red tape?
Answer: Yes.
3. Will the “New” CAA reduce jobs in the “Environmental” Professions.
Answer: Possibly, but job growth in other professions will more than offset any Environmental Profession reductions.
A6.3 California Air Quality Regulations in2021: What You Need to Know
(3 pm – 3:30 pm PST)
A6.3 California Air Quality Regulations in 2021: What You Need to Know
BlueScape will present a 2021 update to companies doing business in California, on how changing air quality regulations will impact their business. The presentation will provide the California air regulatory update by agency jurisdiction (federal EPA, state, and local), program area, and by selected regions and industries. Corporate and facility environmental managers, attorneys, pollution equipment vendors, and consultants will benefit from understanding what regulatory developments have occured in 2020, and will learn about what is coming to be prepared for 2021.
A6.4 Don’t Fear the Reaper: Marrying Renewable Energy and Superfund Sites
(3:30 pm – 4 pm PST)
A6.4 Don't Fear the Reaper: Marrying Renewable Energy and Superfund Sites
Superfund is universally recognized curse word even for non-environmental experts. For many, the presence or even just the fear of Superfund liability will not just chill but completely kill a potential real estate transaction or development project. This has resulted in large swaths of land across the country sitting not just polluted, but idled with few prospects for economic revitalization as some potentially responsible parties lack the funds to sustain a prolonged remediation. The massive expansion of renewable energy and battery storage projects presents numerous opportunities to find low-cost sites with sufficient acreage to deploy solar or wind farms. Although Superfund can impose strict liability on current site owners and tenants for pollution resulting from legacy operations, there are numerous legal protections available to renewable energy developers that can make a Superfund site more attractive. Developers have the option of obtaining bona fide prospective purchaser protection available under the Superfund statute. In addition, Congress recently clarified the protections available to tenants under the 2018 Build Act. Whether considering an outright purchase of a contaminated property or just a lease, a renewable energy developer’s protections can also be enhanced via contractual safeguards and risk mitigation with respect to structuring the transaction. Depending on the facts of a specific site, the environmental risks can be managed.
B1.1 EPA Signs New Rule Affecting Stationary
In 2019, the DC Circuit dealt a major setback to EPA’s efforts to resolve and close-out interstate air quality issues under the 2008 ozone standard without further NOx reductions from power plants. In doing so, the court may have breathed new life into state petitions to EPA demanding more stringent NOx limits for plants in numerous states. This presentation will review these recent decisions, the state petitions seeking NOx reductions in downwind states, and discuss the potential implications for industry.