Rulemaking and Legislation

Your product, process or technology simply may not present the same environmental concern that a law or regulation is designed to address. In these cases, effective representation before the regulatory body may allow you to change the law to better reflect your situation. When we can see a problem in a proposed governmental action and a pathway for our clients to favorably change the law or regulations, to obtain a variance, to propose a site-specific or industry-specific rule, or to petition for an exemption or delisting, we often recommend investigating that option.

ELC attorneys have extensive experience in environmental rulemaking proceedings and the legislative arena. We have represented clients in EPA general rulemakings where we have worked to obtain regulations tailored to the real world concerns of our clients’ business. We have also proposed and obtained facility-specific state air regulations and hazardous waste delistings that have been incorporated in federally enforceable State Implementation Plans and federal regulations. We have also represented industry associations in EPA and state rulemaking proceedings that affect an entire industry and petitioned for industry-wide exemptions and alternative compliance pathways.

Representative Matters

• Proposed and obtained site-specific “delisting” of landfill leachate as a hazardous waste for an Illinois landfill, minimizing transportation and disposal costs.
• Proposed and obtained regulatory exemption from air permitting for plastic extruding processes, streamlining environmental compliance for client and entire industry.
• Obtained “adjusted standards” defining “Reasonably Available Control Technology” for several uniquely situated manufacturing clients, allowing relief from onerous Federal Implementation Plan general regulations, including written comments, representation in hearing, development and presentation of expert witness testimony, and negotiations with state and federal EPA regulators and attorneys.
• Obtained streamlined rules for bioreactor landfills in state rulemaking on Research, Development & Demonstration (RD&D) facility permits.
• Wrote detailed legal and technical comments on behalf of chemical industry association on USEPA’s Consolidated Air Regulations for the organic chemical manufacturing industry, obtaining a more workable regulatory framework for the industry as a whole.
• Represented a group of clients in rulemakings creating Illinois’ voluntary risk-based clean-up program, known as the Illinois’ Site Remediation Program and the Illinois Tiered Approach to Clean-Up Objectives, including cross examination of expert witnesses, presentation of testimony, and submission of legal and technical comments.
• Wrote legal and technical comments on behalf of coalition of Midwestern ethanol associations and their members on USEPA’s Renewable Fuel Standard regulations, including rulemakings involving procedures for implementation of the RFS2 mandate, procedures for RFS2 petitions, and EPA’s first waiver of mandate for cellulosic ethanol blending volumes.
• Drafted regulatory language for the development of Illinois Pollution Control Board regulations, including regulations pertaining to trade secrets, “Reasonably Available Control Technology” for volatile organic emissions, and innovative plant-wide emission limitations.
• Drafted language for bills submitted in the Illinois General Assembly, met with legislators and interested parties, and prepared and presented testimony in support of such bills, including bills addressing disposal of clean construction debris, landfill siting, and environmental agency procedures.