Regulatory/Advisory

General.  Statutes and regulations limiting the amount and types of materials that may be discharged into the air, land, or water rival the federal tax code in their complexity.  With our years of experience working for the government and in the private sector, we provide sophisticated compliance counseling on a broad spectrum of legal requirements and strategies.  Our first step in these efforts is to determine whether a particular law or regulation applies to the situation, and further, determine whether it may be physically and economically feasible to effect alterations that will bring the operation beyond the scope of the regulations. 

Permits.  We often help our clients obtain, renew and comply with permits under the CAA, CWA, RCRA, and their state counterparts.  For example, in one matter, we clarified the murky concept of “potential to emit,” under the CAA, and avoided a future prosecution.  In another, we focused on the same concept and assisted a major manufacturer in amending its Title V air permit.  In yet another matter, we conducted an in-depth analysis of whether a particular material qualified as “waste” under the RCRA regulations, and helped the client avoid millions of dollars in disposal costs.  We also advise clients on the need for permits under the CWA, including National Pollutant Elimination Discharge System (NPDES) permits (including storm water permits) and wetland permits.

Reporting.  We also help clients comply with a variety of reporting requirements, such as the chemical inventory reporting obligations and Form R reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA), annual reporting under the CAA, and monthly reporting (e.g., discharge monitoring reports, or DMRs) under the CWA.  Additionally, despite a business’s best efforts, reports to governmental authorities may occasionally have to be made under emergency conditions, such as in the case of a spill or sudden release.  Ironically, the regulations pertaining to such reporting, which should be clear and easy to understand in tense circumstances, are anything but lucid.  On one hand, failure to report could itself constitute a violation (even criminal, in certain circumstances), but on the other hand, an unnecessary report may invite unwelcome and unnecessary governmental intervention when private actions alone own may amply protect human health and the environment.  We provide a steady hand and help our clients make the correct choice under these conditions. 

Particular Substances.  Sometimes, certain substances get center stage.  PCBs, asbestos and MTBE are a few examples.  We provide a broad perspective that comes with years of experience in the field.  Therefore, we recognize that handling particular substances may require a look at more than one environmental statute or sets of regulations.  PCBs are regulated chemical substances under TSCA, but they may also be a Superfund hazardous substance, an OSHA hazardous chemical, a DOT hazardous material, or a RCRA hazardous waste.  A release of asbestos may implicate the CAA National Emission Standards for Hazardous Air Pollutants (NESHAPS), but if improperly disposed, could also lead to an action under Superfund.  Releases of other substances could involve the RCRA hazardous waste regulations, and possibly trigger reporting obligations under the Section 112(r) of the CAA (hazardous air pollutant, or HAP) and EPCRA (also known as SARA Title III).  We simplify the requirements and provide clear and crisp solutions.

Transportation and Storage.  In addition to the federal environmental statues discussed above, we are experienced in the proper placarding and manifesting requirements under the Department of Transportation regulations, compliance with Department of Homeland Security rules, including security regulations for high risk chemical facilities, and compliance with related Occupational Safety and Health Administration (OSHA) standards.  Additionally, the export of materials may trigger certain requirements under international law.  And in that context, we have dealt with issues related to the European Union’s Restriction of Hazardous Substances Directive (RoHS) and the Waste Electrical and Electronic Equipment Directive (WEEE Directive).

USTs.  Underground storage tanks (USTs) are ubiquitous.  Storage of petroleum products and hazardous chemicals in USTs must comply with a host of regulations.  Our clients have benefited from our extensive knowledge of this regulatory scheme and experience with the Office of the State Fire Marshal of Illinois.  For example, we have been called upon to determine whether a tank’s leak detection equipment meets code, worked with the State Fire Marshal on installations, removals, repairs, and abandonment-in-place. We have also assisted clients in the reimbursement of hundreds of thousands of dollars from Illinois’ Leaking Underground Storage Tank Fund.

Dry Cleaners.  Many dry cleaning facilities have used perchloroethylene (Perc) as the primary cleaning solvent.  Perc has been detected in the soil and/or groundwater in the vicinity of these establishments and has impeded the sale of the related property, or has been the subject of enforcement actions.  We have assisted clients who have chosen to voluntarily remediate the contamination and seek coverage by the Illinois Drycleaner Environmental Trust Fund.  Upon completion, we have also assisted our dry cleaning clients in obtaining a No Further Remediation letter from the Illinois Environmental Protection Agency. 

            New Areas.  One characteristic of environmental law that makes it so fascinating is its ever-changing nature.  New areas of interest are constantly emerging.  For example, the existence of hazardous wastes beneath the surface has been a concern for a long time, but only recently has the issue of vapor intrusion – the migration of contaminant-laden gases into buildings – become the focus of attention.  Similarly, the terms, “climate change” and “sustainable development” have crept into our vocabulary.  They bear witness to the importance of environmental issues in our daily lives.  These concepts will give rise to new conflicts as we seek to advance both the quality of our environment and the health of American business.  Thus, as requirements for “green buildings” bump up against pre-existing zoning laws, or as a manufacturer’s new need to reduce its “carbon footprint” conflicts with a previously-issued permit, the firm will be ready to assist and resolve problems.