Legal Quick Hit: Top 5 Environmental Issues Impacting Energy Companies in 2012

Transcription

1 Daniella Landers, Sutherland January 18, 2012 Legal Quick Hit: Top 5 Environmental Issues Impacting Energy Companies in 2012

2 Top 5 Environmental Issues in 2012 Cross State Emissions MACT and MATS s GHG Regulations Cooling Water Intake Structures Coal Combustion Residuals (CCRs)

3 Possible Timeline for Environmental Regulatory Requirements for the Industry Revised Ozone Ozone (O 3 ) CAIR Vacated Begin CAIR Seasonal NOx Cap CAIR Remanded SO2 Primary SOx/NOx/Visibility Transport Proposal Issued (CAIR Replacement) NOxPri mary CSAPR Issued (CAIR/Transport Replacement) CO2 Regulation (PSD/BACT) EPA Action on Regional Haze/BART CAIR/Transport SOX/NOx Secondary GHG NSPS Final Effluent Guidelines 316(b) Final PCB Ozone Revision Water Effluent Guidelines Final 316(b) Compliance 1-8 yrs After Final rule PM Transport Ozone Transport PCB Phase-out Effluent Guidelines Compliance 0-5+ yrs After Final GHGNSPS Implementation (existing sources) BART (Visibility) Deadline at Some Plants '08 '09 '10 '11 '12 '13 '14 '15 '16 '17 CAMR & Delisting vacated EPA Notice - Regional Haze SIPS Overdue Begin CAIR Annual NOx Cap Begin CAIR Annual SO2 Cap PCB ANPR for CCBs Management 316(b) HAPs MACT GHG NSPS Proposal PM-2.5 Revision HAPs MACT Final Final PM-2.5 Revision CSAPR Reductions CSAPR I Reductions Final for CCBs Mgmt HAPS MACT Compliance 3 yrs After Final PCB Final (start of phase-out period) Begin Compliance Requirements Under Final CCB (ground water monitoring, double liners, closure, dry ash conversion) PM/PM2.5 Ash Hg/HAPS CO2 -- Adapted from Wegman (EPA 2003)

4 The challenge the industry faces is unprecedented in terms of: The number of rules coming due simultaneously The compressed timeframe for compliance with the near-term rules Obligations due to ongoing reviews will result in unknown future reductions obligations Hard to develop best practices at this point

5 Daniella Landers Partner Daniella Landers is a member of Sutherland s Energy and Environmental Practice Group, where she focuses her practice on a broad range of environmental compliance, transactional and litigation matters. Daniella counsels energy companies and other clients in complex regulatory matters, climate change initiatives, enforcement defense, permitting, environmental due diligence in acquisitions and transactions, and cost recovery litigation. Daniella previously served as temporary in-house counsel on three separate occasions for energy companies, where she handled a variety of environmental transactional, regulatory and litigation matters.

6 SUTHERLAND S ENERGY AND ENVIRONMENTAL PRACTICE Sutherland s Energy and Environmental Group has more than 60 lawyers representing every major sector of the energy industry. Our 40-year history of excellence in serving the regulatory, compliance and policy needs of our clients is matched by the commercial and operational experience we bring to increasingly complex transactions. Complemented with our team of wellregarded, high-profile litigators, Sutherland s energy practice is well positioned to provide the full range of legal services to our energy clients. Our clients include crude oil and natural gas refiners and producers, domestic and multinational traders, energy lenders and marketers, hedge funds and financial institutions, independent power producers and electric cooperatives, international oilfield service providers, and renewable energy developers.