Environmental, Safety & Toxic Torts
The Environmental, Safety & Toxic Torts (ES&TT) Group assists clients in navigating the maze of local, state and national environmental and safety laws on a nationwide level, to find practical business solutions to environmental and safety problems. We are counselors, advisors, negotiators, trial lawyers and appellate advocates with respect to all elements of environmental and safety laws, and we keep clients updated as compliance and enforcement trends develop. Our experienced attorneys take a practical, efficient, hands-on approach to addressing environmental and safety issues, from the formulation of an initial compliance strategy, to final resolution -- when necessary including mediation, arbitration, jury trial or appeal.
We represent a broad range of industry, including steel and heavy metals mining and manufacturing, chemicals and pharmaceuticals, explosives, propellants and munitions, adhesives and coatings, aggregates, solid and hazardous waste disposal, medical products, paper and plastics packaging and manufacturing, ammonia and refrigerants. tankers and transportation , building materials, and food and beverage processing and distribution. We have extensive experience with solid waste disposal operations (including landfill gas), Clean Water Act and Clean Air Act permitting and compliance, alternative energy, brownfields development, hazardous and solid waste regulation, toxic tort litigation and liability issues associated with contaminated property. We regularly deal with the full spectrum of worker safety and chemical exposure matters, including Process Safety Management. To learn more about our specialties and areas of practice, please click here. Please also visit the Seyfarth Shaw LLP ES&TT Group’s Linked-In Page, where you will find and may participate in recent news and discussions.
By The Way . . .
OSHA's Recordkeeping National Emphasis Program
12/22/2009
Mark Lies and Dan Flynn have published an article on "Set Your Records Straight: OSHA's Recordkeeping National Emphasis Program Creates Employer Liability." Check-out a copy by clicking here.
Proposed Rule to Exempt Solvent Contaminated Wipes
12/17/2009
The EPA proposed in 2003 (but never finalized) a rule to exempt solvent contaminated wipes from regulation as hazardous waste that are sent to commercial/industrial laundries. In October of this year, the EPA issued a revised risk analysis on the proposal and asked for comments. The December 15, 2009, Federal Register contained a notice by EPA indicating that the deadline by which comments can be submitted on the revised risk analysis is being extended until February 26, 2010.
EPA Publishes Endangerment Finding
12/15/2009
EPA published its endangerment finding in the Federal Register with an effective date of January 10, 2010. In this finding, EPA concludes that six greenhouse gases -- carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride -- "endanger both the public health and the public welfare of current and future generations." EPA further finds that the combined emissions of these greenhouse gases from new motor vehicles and new motor vehicle engines add to the "greenhouse gas air pollution that endangers public health and welfare under CAA section 202(a)." The finding opens the door for EPA to regulate the six gases as pollutants under the Clean Air Act.
EPA Issues Two New Findings under the Clean Air Act Setting the Stage for the Regulation of Greenhouse Gas Emissions
12/9/2009
On December 7, 2009, the U.S. EPA Administrator, Lisa Jackson, formally made two separate findings required to authorize the regulation of greenhouse gases under the Clean Air Act. Both findings pertain only to motor vehicles but set precedent for similar findings with respect to stationary sources. In the "Endangerment Finding" (proposed April 2009), EPA finds that the current and projected concentrations of the six key greenhouse gases -- carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6) -- in the atmosphere "threaten the public health and welfare of current and future generations." In the "Cause or Contribute Finding," EPA concludes that the combined emissions of these "well-mixed greenhouse gases" from new motor vehicles and new motor vehicle engines contribute to the greenhouse gas pollution which threatens public health and welfare. Although these findings do not impose regulatory norms upon industry, they begin to lay the groundwork for future regulatory proposals affecting a wide range of stationary and mobile sources.
Find a more detailed analysis of the Agency's April 2009 proposal by clicking here.
Eric Boyd and Phil Comella to Speak at SWANA Landfill Symposium
12/2/2009
Eric Boyd and Phil Comella will be presenting papers at the Solid Waste Management Association of North America's 15th Annual Landfill Symposium and Planning & Management Conference (http://lfpm.swana.org), to be held April 12th -13th, 2010, in Reno, Nevada. Eric will present “SO2, CO2, and Other Emerging Air Pollutant Permitting Issues,“ and Phil will present “The Top Ten Issues in Negotiating Landfill Gas Contracts.“
New EPA Rule on Stormwater from Construction Sites
11/24/2009
A new Final Rule from the EPA sets, for the first time, monitoring requirements and numeric effluent limits on stormwater discharges to waters from construction sites. The Final Rule, which was issued pursuant to a Court Order, will be effective 60 days following publication in the Federal Register.
For more information on the new effluent limitation guidelines, visit the EPA's website: http://www.epa.gov/waterscience/guide/construction/
Effective Jan. 1, 2010 "Energy Efficiency Projects" Eligible for Illinois Financing Authority Funding
11/18/2009
Effective January 1, 2010, “Energy Efficiency Projects” will now be eligible for funding from the Illinois Financing Authority (“Authority”). The Authority was established by the Illinois Finance Authority Act (“Act”) in 2003 and has been authorized since its inception to issue bonds to fund specific energy projects. Since July 2009, three types of projects have been eligible for funding: coal projects, clean coal projects, and renewable energy projects. With Governor Quinn’s recent signing of Senate Bill 390, Energy Efficiency Projects will now also be eligible for funding from the Authority. Energy Efficiency Projects are defined broadly to include “measures that reduce the amount of electricity or natural gas required to achieve a given end use.” The Authority may issue up to $450 million in funding for any single borrower and up to $2 billion in combined financing for Energy Efficiency Projects.
Mark Lies has been advising clients regarding supervisor duties to enforce OSHA compliance in the major construction industry. Insurance brokers have found this service valuable for their insureds. If you are interested in these services, please contact Mark Lies.
Eric Boyd and Jeryl Olson of Seyfarth Shaw will be attending the public hearings on the PSD and Title V GHG Tailoring rule on November 19, 2009 in Chicago.
On November 12, the ESTT group co-sponsored the Alternative Energy Program for the Mass. Building Congress.
U.S. EPA Proposed Rule on PSD and Title V Permitting for GHG Emissions
11/3/2009
On October 27, 2009, U.S. EPA published a proposed rule for permitting Greenhouse Gas (GHG) emissions under the PSD and Title V provisions of the Clean Air Act. The proposal seeks comments on EPA’s plan to adjust the threshold emissions triggers applicable to PSD and Title V permitting for sources that emit GHGs; EPA is “tailoring” the thresholds because there are an enormous number of GHG sources that would become subject to PSD and Title V permitting if the thresholds for applicability were set at the current PSD and Title V triggers (250 tpy and 100 tpy respectively for most types of operations). By “tailoring” the GHG thresholds to 25,000 tpy CO2e for PSD permits, and 10,000–25,000 tpy CO2e for Title V permits, EPA will avoid having to call for, review, issue, and otherwise administer the thousands of Title V and PSD permits that would be required for sources newly subject to PSD and Title V permitting requirements solely on the basis of their GHG emissions.
The comment period expires on December 28, 2009. Likely topics for comment include:
- the 25,000 tpy CO2e threshold for PSD applicability
- the 10,000–25,000 tpy CO2e threshold for Title V applicability
- USEPA authority for the rulemaking
- use of Presumptive BACT for GHG sources subject to PSD
- use of “General” Title V permits for GHG sources
- use of “Permits by Rule”-type Title V permits for GHG sources
- GHG thresholds for triggering “significance levels” under PSD rules
- effect of rulemaking on SIPs
- timing of rulemaking
- “phase in” of rules