John Lynch, P.E. Palisade Software Miami Users Conference October 25, 2007 www.johnwlynch.com
Jan 15, 2016
John Lynch, P.E.Palisade SoftwareMiami Users ConferenceOctober 25, 2007
www.johnwlynch.com
• Drivers 15 minutes– Regulatory Reporting– Financial Planning– Liability Management
• Techniques & Practices 15 minutes
– Precision & Accuracy– Expert Panels– Resources
• Case Studies 15 Minutes– California Munitions Plant– New Jersey River Sediments PRP– Manufactured Gas Plants 15 Site Portfolio
• Discussion – Q&A 15 Minutes
Need to quantify environmental liability under uncertain conditions “Not understanding the problem is not
an excuse for not having an answer” New accounting rule▪ FIN 47 … Financial Accounting Board
Interpretation Notice▪ Asset Retirement Obligation
Financial Disclosure of Environmental Liabilities Old ….. Potential loss must be
“probable” and can be “reasonably estimated”
New …. Use probabilistic tools FASB Interpretation No.47
Accounting for Conditional Retirement Obligations
The obligation to perform the asset retirement activity is unconditional even though uncertainty exists about the timing and (or) method of settlement.
Estimates for accruing reserves Tax and cash flow issues Uncertainties▪ Need, scope, timing▪ Regulatory
Dissolution of entities▪ Trusts, corporations
Transfer Liability Obligation to Third Party Need legal entity Adequate funding▪ Reliable and credible estimate▪ Secure mechanism▪ Insurance▪ Trust
Reliable Remediation Contractor
Uncertainties Site …. How much, where, what▪ Soils, groundwater, sediment▪ Site characterization … risk vs. remedy▪ Poor use of site characterization data
Contaminants▪ Location, concentration, remedy impact▪ Regulatory status
Technologies … what to do?▪ Will it work▪ How much will it cost
Regulatory Federal (EPA), States (DEP, DEQ, etc.),
Tribes, Fish & Wildlife, Third Parties Superfund … Record of decision (RoD)▪ ARAR Applicable or Relevant and
appropriate requirements? What are they? Classification of Waste▪ RCRA, Listed wastes
Contaminated Media▪ Land ban on disposal
Cost Estimating Tools Lots of detail Require an engineering design Not available for most projects
Unit cost $/acre of cap $/gallon of stripping
Federal Remediation Technologies Roundtable http://www.frtr.gov/ Means Estimating Guide
Lack of historical cost data Inconsistency of remedy selection Not much cost data▪ Insurers have loss/claims data▪ DoD, DoE have good technology cost data.
Regulatory uncertainty is most difficult Evolving standards
Expert panels vs. data Access to data and decision makers
3 to 5 senior technical & regulatory professionals Mid-level support Review documents Identify alternatives▪ Low, medium, high
Use decision tress▪ Probabilities▪ Costs
Run model and “gut test” results
California Munitions Plant Driver…. Insurer needed to establish
reserve WWII Era Munitions Plant▪ Large Site
Multiple Environmental Issues▪ Groundwater …. 3 public water supplies impacted
Perchlorate … environmental – public health standard not established▪ CA, EPA, DOD, USAF
Perchlorate Drinking Water Standard CA and US EPA
Uncertainties MCL – drinking water standard▪ 3 – 30 µg/l (ppb)
Extent of GW contamination▪ Plume footprint
Effectiveness and acceptability of treatment technology▪ RO, biological
River Sediment PRP Trust holding liability Estimate needed to dissolve trust and
distribute assets to heirs▪ Credible estimate for regulatory and other RPs.
Billion dollar remedy Uncertainties▪ Scope … sediment removal for navigation▪ Technologies …▪ Removed material management▪ Capping material▪ Dredging technology
SE Utility’s Manufactured Gas Plants (MGPs) Utility has responsibility for environmental of
15 MGPs …. $75M to $150M. Regulatory Agencies allowed recovery of
environmental costs for a limited time Utility wanted to use an finite risk
environmental cost cap insurance policy to fund the cleanup
Needed an estimate of the cleanup costs Uncertainties▪ Scope .. Soil, Groundwater, Sediments▪ Regulatory … Standards, Technology.
DoD BRAC. Cost Cap Insurance
EU Petroleum Company US legacy holding
Las Vegas Developer Former munitions plant. Cost Cap Policy
Texas refinery Settle suit over cleanup liability