Presentation Transcript

1. Overview of EPA Regulations Affecting the Cooperative Community David S. Samford, Counsel April 19, 2011
2. Overview of EPA Regulations Affecting the Cooperative Community Who is in charge? What are they doing? What do they want? What is at stake?
3. Who is in charge? Policy Development Executive Findings Discretionary Spending Enforcement Appropriations Authority Enabling Acts Investigative Authority
4. What are they supposed to be doing? Enact the Law – Article I Enforce the Law – Article II Interpret the Law – Article III
5. What are they doing? Attempting to un-enable the executive branch. Interpreting existing law more broadly than before.
6. What does the EPA want? Clean Water Act Thermal Power Plant Cooling Water Intake Structures Rule Aquatic environment protections for virtually all facilities. Enhanced studies for larger facilities. Site closed-loop cooling systems for new construction
7. What does the EPA want? Clean Air Act Mercury and Air Toxic Standards (MACT) 91% reduction in emissions standards. Emission standards for non-mercury toxic metals, acid gases and organic toxics. Requires maximum achievable control technology (MACT).
8. What does the EPA want? Clean Air Act Clean Air Transport Rule Replaces Clean Air Interstate Rule SO2reductions of 71% from 2005 levels NOx reductions of 52% from current levels Limited interstate trading of emissions
9. What does the EPA want? Solid Waste Disposal Act Coal Ash Waste Rule Ash and other coal combustion residuals deemed as a hazardous waste.
10. What does the EPA want? Carbon Emissions Endangerment Finding under Clean Air Act New Source Performance Standards Prevention of Significant Deterioration Preconstruction Permitting Review
11. What does the EPA want?
12. What else? Other Tangential Considerations 404 Permitting
13. What else? Other Tangential Considerations Moratorium or Restrictions on Off-Shore Drilling?
14. What else? Other Tangential Considerations New Rules for Energy Markets
15. What else? Other Tangential Considerations Increasing Grid Reliability and Security Standards
16. What does (part of) Congress want? Energy Tax Prevention Act Comprehensive Assessment of Regulations on the Economy Act Bar the EPA from regulating coal ash. Appropriations Power
17. What is at stake? Between 6 GW and 65 GW of coal fired generation to be retired by 2015.
18. What is at stake? Increased Exposure to Fuel Cost Volatility
19. What is at stake? Uncertainty in every category but one!!!
20. What is at stake? Upward Rate Pressure Out of this World In Orbit Higher High
21. Overview of EPA Regulations Affecting the Cooperative Community David S. Samford, Counsel April 19, 2011