Manufacturing Sector

In addition to representing clients when the inspector knocks on the door, we follow regulatory developments to keep our manufacturing clients abreast of changes in the law before they apply to their facilities. We regularly assist with compliance questions, interpreting ambiguous regulations and their applicability to unique fact patterns. Where appropriate, we assist with –self-disclosures of non-comliance. We also represent manufacturing clients and associations in rulemaking proceedings to proactively shape the regulatory landscape.

Representative Matters

Our notable experience in the manufacturing sector includes the following:

• Assisted a variety of large and small manufacturing clients in identifying and disclosing regulatory non-compliance to resolve potential violations with zero or reduced penalties under USEPA’s Audit and Civil Penalty Policies and similar state policies.
• Obtained site-specific regulatory relief for three manufacturers in appeal of USEPA’s Federal Implementation Plan for Illinois in the U.S. Court of Appeals for the 7th Circuit.
• Appealed and obtained revisions to “Best Available Control Technology” (BACT) determinations and PSD emission limits for secondary aluminum facilities in Ohio and Indiana.
• Represented concrete manufacturer in PSD Construction permit proceedings to build a new state-of-the-art cement plant, involving the first application of both EPA’s new greenhouse gas regulations and new Portland Cement air toxics regulations to a cement plant, preparation of an EPA-compliant Environmental Justice Analysis, representation in a contentious public hearing, and preparation of extensive public comment.
• Negotiated state and federal permit conditions in initial Clean Air Act Title V permits for five secondary aluminum facilities in four states.
• Developed “master conditions” for Title V permits for Global Fortune 500 manufacturer with eight facilities in one state and provided permitting tutorials for client’s environmental managers.
• Taught fundamentals of Clean Air Act regulations and permitting at Fortune 500 client’s U.S. environmental managers annual meetings.
• Represented heavy equipment manufacturer in litigation in the U.S. District Court involving RCRA claims
• Represented chemical plants in obtaining RCRA facility permits and negotiating the scope and requirements for Resource Conservation and Recovery Act (RCRA) hazardous waste Corrective Action.
• Proposed and obtained regulatory exemption from air permitting for plastic extruding processes, streamlining environmental compliance for client and entire industry.
• 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.