WilmerHale
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Experience
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Clean Air Act
Regulatory and Government Affairs

  • Assist in development of innovative emission control strategies, including methods to offset emissions to net out of new source review and to participate in emission trading.
  • Advise owners and operators in developing permit strategies; negotiating and/or appealing permit terms; obtaining revisions to State Implementation Plans; addressing regulatory developments; and defending administrative and judicial enforcement actions.
  • Assist clients in permitting for facilities nationwide with emphasis on developing strategies designed to use the Part 70 operating permit program to secure competitive advantages.
  • Assist clients with respect to air toxic issues, the accidental release program, the development of Maximum Achievable Control Technology standards and related source categories.
  • Participate in federal and state administrative rulemakings and policy development, including preparing written comments for individual clients and industry coalitions, presenting testimony to Environmental Protection Agency and state authorities, and participating in federal Clean Air Act "stakeholder" proceedings regarding the enhanced monitoring/compliance assurance monitoring rulemaking; the "any credible evidence rulemaking;" the ozone/particulate matter National Ambient Air Quality Standards revision process; and the research and development Maximum Achievable Control Technology air toxics rulemaking.
  • Advise clients regarding requirements affecting ozone-depleting substances, including phase outs, bans on non-essential use, labeling requirements and substitutes.
  • Assist clients regarding the scope of Maximum Achievable Control Technology standards, applicability determination, and record keeping and reporting obligations, and assist in evaluating compliance options under both federal (Maximum Achievable Control Technology) and state law.