The CCR Rule requires that compliance documents for each CCR unit be made publicly available on a dedicated, company, CCR website. Because the CCR Rule does not grant the federal government powers of enforcement to uphold its requirements, this transparency was incorporated into the CCR Rule to promote citizen lawsuits against owners/operators for non-compliance with the regulations. Moreover, the CCR Rule contains multiple, vaguely-worded definitions and standards, leaving the regulations open to interpretation. With openly accessible information, regulatory uncertainty and citizen-driven enforcement, owners/operators of coal ash disposal units face an increased risk of potential lawsuits and other types of litigation.
AGES can help ensure that your CCR Rule compliance plan sufficiently addresses the risks involved with publicly posting compliance documents and the elevated potential for litigation. With over 20 years of regulatory experience in the utility sector, AGES can be the authority you need to appropriately interpret the CCR Rule’s definitions and standards, communicate with the U.S. EPA for additional guidance and minimize your risk of impending litigation. However, in the event of a lawsuit, our staff has the technical knowledge and experience to provide litigation support and serve as an expert witness.