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Articles by Mark A. Thimke
Revival of the General Duty Clause | JD Supra
In a somewhat surprising decision issued at the end of 2020, U.S. EPA ruled that Section 112(r)(1) of the Clean Air Act, better known as the “General Duty Clause,” requires facilities to implement the latest industry practices in order to minimize the potential for accidental releases. Given this decision, and in anticipation of future inspections or regulatory inquiries, facilities should review, update, and document their programs for meeting the General Duty Clause requirements.
Revival of the General Duty Clause
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U.S. EPA Formalizes Reversal of “Once In/Always In” Emission Permitting Policy | JD Supra
U.S. EPA’s final rule reversing its 25 year old hazardous air pollutant “once in/always in” policy will soon be published in the Federal Register and will become effective 60 days thereafter. While first announced in a January 2018 memorandum, the policy has now been formalized as a rule.
U.S. EPA Formalizes Reversal of “Once In/Always In” Emission Permitting Policy
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
U.S. EPA Addresses Key Questions on Plantwide Applicability Limit (PAL) Permits | JD Supra
In a piece of good news for regulated sources, on August 4, 2020, the United States Environmental Protection Agency (U.S. EPA) issued guidance clarifying the flexibility and reduced permitting burden available to sources operating under Plantwide Applicability Limit (PAL) permits.
U.S. EPA Proposes Rule That Would Transform the Guidance Process | JD Supra
On May 19, 2020, in an effort to curtail the growth in guidance documents, U.S. EPA proposed new rules to reign in and formalize the guidance process. This proposal resulted from an October 15, 2019 Executive Order that acknowledged the growth in agency use of non-binding guidance to regulate without following formal rulemaking procedures.
U.S. EPA Proposes Rule That Would Transform the Guidance Process
Maria (Mia) Lombardi is special counsel and an environmental lawyer with Foley & Lardner LLP. She is a member of the firm’s Business Law Department and Environmental Practice. Mia is admitted to practice in Ohio; not admitted in Wisconsin. Mia has extensive experience in a range of environmental matters with a focus on regulatory compliance, transactions, remediation and product stewardship.
PFAS and Credit Transactions: Are You Protected From Environmental Liability? | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Increasing Prominence for a Previously Overlooked Permit | JD Supra
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EPA Releases New Interpretation of "Project Emission Accounting"
U.S. EPA released a major new interpretation of “project emission accounting” under New Source Review. Reversing the Obama EPA position, U.S. EPA will now allow facilities in determining whether a “project” will trigger New Source Review to account for both projected increases and decreases at the same time. Key to this approach is determining what emission units are included in the project, and developing and tracking the projection.
EPA Ends 20 Year “Once In, Always In” Policy for MACT Standards: May Effect Enforcement, New Permits
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Ozone Nonattainment in Wisconsin
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Department Of Commerce Solicits Industry Feedback for Regulatory Reform Plan
Spurring growth in domestic manufacturing through regulatory reform is a key objective of the Trump Administration. The Department of Commerce is tasked with developing the Regulatory Reform Plan. In order to achieve meaningful regulatory reform, the Department is reaching out to manufacturers for real-world information on regulatory burdens.
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